Loading...
HomeMy WebLinkAbout2007/10/23-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:44 a.m. on Tuesday, October 23, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Scarth temporarily absent. Mayor Moncrief requested that a moment of silence be observed for everyone who had been affected by the wildfires in California. He stated that one of the fires alone had burned an area the size of Fort Worth and literally hundreds and hundreds of homes and businesses had gone up in flames. He also requested that everyone remember those who were serving in various capacities to extinguish the fires. Agenda Item II The invocation was given by Minister Ron Buch, Western Hills Church of Invocation Christ. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Davis, Approval of the minutes of the regular meeting of October 16, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Scarth absent. (Council Member Scarth assumed his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 2 of 20 Agenda Item V Council Member Jordan presented a Proclamation for Friends of Libraries Week Special to Ms. Bunny Gardner, President, Friends of the Fort Worth Public Library. Presentations Mayor Pro tem Hicks presented a Proclamation for Code Compliance 25th Anniversary Day to Mr. Carl Smart, Code Compliance Director. Council Member Espino presented a Certificate of Recognition for the Texas Trail Hall of Fame to Mr. Hub Baker, Cowtown Coliseum. Agenda Item VI Council Member Burdette regretfully announced that former City Council Announcements Member and Mayor Pro tem William (Bill) R. Sarsgard, passed on October 19, 2007. He added that Mr. Sarsgard was very active in the community and requested that today's meeting be adjourned in his memory. Mayor Pro tem Hicks stated that she and Council Member Scarth had an opportunity to join the Hispanic Leadership Organization on October 20, 2007, for their annual conference. She added that it was a wonderful event and expressed appreciation to Patricia Garcia, President of the Hispanic Leadership Organization and a member of the Mayor's staff for all the work she did to bring about the event. She pointed out that a diverse number of people attended the event and everyone benefited from the conference. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-22460 and C-22461 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. L- Continued/ 14416 be continued until the October 30, 2007, Council meeting. Withdrawn By Staff Mayor Pro tem Hicks requested that Mayor and Council Communication No. L- 14412 be withdrawn from 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-1632 M&C OCS-1632 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 3 of 20 G-15935 M&C G-15935 - Authorizing the City Manager to appoint Mr. Allyn G. Hector Appoint Allyn G. to Place 7, Engineer, of the City's Construction and Fire Prevention Board of Hector to Appeals, effective October 23, 2007, and with a term expiring October 1, 2009. Construction & Fire Prevention Board of Appeals G-15936 M&C G-15936 - Adopting Ordinance No. 17846-10-2007 extending the Ord. No. 17846-10- moratorium to April 30, 2008, on the acceptance of applications for salt water 2007 disposal wells pending consideration of revised regulations regarding salt water Extend disposal wells as regulated by Article II, Chapter 15 of the City Code, regarding Moratorium on Gas Drilling and Production. Acceptance of Applications for Salt Water Disposal Wells G-15937 M&C G-15937 - Authorizing the temporary closure of Main Street between 3rd Temporary Street and 4th Street from November 10, 2007, until January 9, 2008, for Closure of Main Downtown Fort Worth Initiatives, Inc., and Sundance Square Management's Street for Annual Annual Christmas Tree display. Christmas Tree Display P-10663 M&C P-10663 - Authorizing a purchase agreement for curb address painting Curb Address services with Cowtown Traffic Control, Inc., for the Engineering and Painting Services Transportation and Public Works Departments based on low bid meeting specifications; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Chapter 271.102 (Cooperative Purchasing Program). P-10664 M&C P-10664 - Authorizing non-exclusive purchase agreements for lead-based Lead-Based Paint paint risk assessments with Advanced Environmental Control, Inc., DFW Group, Risk Assessments Inc., and TLI and Environmental Services for the Housing Department. P-10665 M&C P-10665 - Authorizing purchase agreements for water pipe repair parts Water Pipe Repair with Municipal Water Works Supply, L.P., and HD Supply Waterworks, LTD., Parts for the Water Department; and authorizing the City Manager to execute interlocal agreements with other participating government entities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 4 of 20 P-10666 M&C P-10666 - Authorizing non-exclusive purchase agreements for hot mix Hot Mix Asphalt asphalt with Vulcan Materials Co., APAC-Texas, Inc., Reynolds Asphalt & and Pothole Construction Co., Austin Asphalt LP, and pothole patching mix with Unique Patching Mix Paving Material Corp., White Cap Construction Supply and Asphalt Patch Enterprises, Inc., for the City of Fort Worth; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation". P-10667 M&C P-10667 - Authorizing a purchase agreement for ductile iron pipe with Ductile Iron Pipe Municipal Water Works Supply, L.P., for the Water Department; and authorizing the City Manager to execute interlocal agreements with other participating entities. P-10668 M&C P-10668 - Authorizing a purchase agreement for cast iron valve boxes and Cast Iron Valve lids with Municipal Water Works Supply, L.P., for the Water Department; and Boxes with Lids authorizing the City Manager to execute interlocal agreements with other participating entities. P-10669 M&C P-10669 - Authorizing the rejection of the sole bid received and the rebid Reject Sole Bid for the purchase of a Telemetrix Pan/Tilt System for the Cable Office. and Rebid for Telemetrix Pan/Tilt System P-10670 M&C P-10670 - Ratifying the emergency purchase in the amount of$49,340.00 Blood Alcohol for a Blood Alcohol Content instrument and required accessories for the Police Content Department from Varian, Inc., using a General Services Administration Instrument and Contract. Required Accessories L-14413 M&C L-14413 - Approving the cancellation of the 50-year Lake Worth lease Cancel of Lake agreement with Justin Waldrep for City-owned property located at 9708 Worth Lease of Watercress Drive (Lot 15, Block 21, Lake Worth Lease Survey). City-Owned Property C-22457 M&C C-22457 - Authorizing the City Manager to execute a contract in the Fort Worth amount of$572,149.00 with the Fort Worth Museum of Science and History to Museum of Science promote artistic and cultural activities. and History CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 5 of 20 C-22458 M&C C-22458 - Authorizing the City Manager to execute a contract in the Fort Worth Sister amount of$378,420.00 with Fort Worth Sister Cities International to administer Cities the Fort Worth Sister Cities Program. International C-22459 M&C C-22459 - Authorizing the City Manager to execute a contract in the Van Cliburn amount of $100,000.00 with the Van Cliburn Foundation, Inc., for their Foundation, Inc. promotion of artistic and cultural activities. C-22462 M&C C-22462 - Authorizing the City Manager to execute a contract with Advanced Paving Advanced Paving Acquisition, Ltd., d/b/a Advanced Paving Company in the Acquisition, Ltd., amount of$733,814.00 for 115 working days for HMAC Surface Overlay 2007- d/b/a Advanced 5 Re-Bid at various locations (City Project No. 00747). Paving Company C-22463 M&C C-22463 - Authorizing the City Manager to execute an amendment to the Amend Southwestern Exposition and Livestock Show Lease Agreement for the purpose Southwestern of off-setting the costs of infrastructure improvements at the Will Rogers Exposition and Memorial Center. Livestock Show Lease Agreement C-22464 M&C C-22464 - Rescinding M&C C-22387 and authorizing the City Manager to Rescind M&C enter into a 25-year Pipeline License Agreement with BNSF Railway Company C-22387- BNSF for a 16-inch sewer pipeline (DOE5535-07-32098) for a one-time cost of Railway Company $3,150.00. C-22465 M&C C-22465 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 35282, a construction contract with Stabile & 1 to CSC No. 35282 Winn, Inc., for pavement reconstruction and water and sanitary sewer - Stabile &Winn, replacements on portions of Avenue H, Avenue A, Newark Avenue, Avenue I, Inc. Court Street, Parkdale Avenue and Avenue G(Project No. 00275), in the amount of$71,575.00 thereby revising the original contract amount to $2,643,904.25. C-22466 M&C C-22466 - Authorizing the City Manager to execute Change Order No. 3 Change Order No. to City Secretary Contract No. 33930 with McClendon Construction Company, 3 to CSC No. 33930 Inc., for pavement reconstruction and water and sanitary sewer replacement on - McClendon Kimbo Court, Bird Street and Gwynne Street (Project No. 00019), in the amount Construction of$38,721.38, thereby increasing the contract amount to $818,646.28. Company, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 6 of 20 C-22467 M&C C-22467 - Authorizing the City Manager to execute Amendment No. 12 to Amendment No. 12 City Secretary Contract No. 27650 with Dunaway Associates, L.P., for Sanitary to CSC No. 27650- Sewer Rehabilitation Contract LV (5 5) (City Project No. 00431), in the amount Dunaway of$274,279.00 to provide additional engineering services, thereby increasing the Associates, L.P. contract amount to $1,025,876.42. C-22468 M&C C-22468 - Authorizing the City Manager to execute a contract amendment Amend CSC No. to City Secretary Contract No. 32135 for $132,986.00 with United Community 32135 - United Centers, Inc., to extend the term of the agreement to FY 2007-2008 to continue Community operation of the Safe Haven Program at the Bethlehem Community Center. Center, Inc. C-22469 M&C C-22469 - Authorizing the City Manager to execute an agreement for Safe City $75,000.00 with the Safe City Commission, Inc., during FY 2007-2008 with four Commission, Inc. one-year options to extend the agreement to operate a Crime Stoppers Call Center. C-22470 M&C C-22470 - Authorizing the City Manager to execute a second contract 2°d Amendment to amendment to City Secretary Contract No. 31847 for $235,195.00 with the Safe CSC No. 31847- City Commission to extend the term of the agreement for FY 2007-2008 to Safe City continue operation of a community advocacy for crime prevention program. Commission The motion carried. End of Consent Agenda. Agenda Item X Council Member Silcox made a motion, seconded by Council Member Davis, Presentations by that Stanley Heit be appointed to Place 3 on the Golf Advisory Committee City Council effective October 23, 2007. The motion carried unanimously nine (9) ayes to Appointments zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Davis, that William Greenhill be re-appointed to Place 7 on the City Zoning Commission and Fort Worth Alliance Airport Zoning Commission effective October 23, 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 Jack H. Summerford be appointed to Place 7 on the Urban Design Commission effective October 23, 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 23, 2007 PAGE 7 of 20 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15938 There was presented Mayor and Council Communication No. G-15938 from the Ord. No. 17847-10- City Manager recommending that the City Council adopt an ordinance amending 2007 Chapter 2, Article VI, Division 2, entitled "Retired Employees' Group Death Amend Chapter 2, Benefit Fund", of the Code of the City of Fort Worth (1986), as amended, Article VI, Division amending Section 2-227 to make payments to the Retired Employees' Group 2, Section 2-227, Death Benefit Fund on an as needed basis; amending Section 2-228 to allow a 2-228 and 2-229 of member to designate a surviving beneficiary to receive the lump-sum payment in City Code the event the retired member has no surviving spouse; amending Section 2-229 to increase the lump-sum payment to the beneficiary upon the death of a retired member to five thousand ($5,000.00) dollars; providing that the increase in the lump-sum payment shall be applied retroactively to October 1, 2007; and authorizing the City Manager to make a payment to the Retired Employees' Group Death Benefit Fund in the amount of$250,000.00, as appropriated by the City Council in the Fiscal Year 2007-2008 Budget. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15938 be approved and Ordinance No. 17847-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15939 There was presented Mayor and Council Communication No. G-15939 from the Ord. No. 17848-10- City Manager recommending that the City Council adopt an ordinance amending 2007 Chapter 2, Article VI, Division 1, entitled "Employees' Retirement Fund", of the Amend Chapter 2, Code of the City of Fort Worth (1986), as amended, amending Section 2-207 to Article VI, Division provide a 12 percent earnings cap on the compensation base for determining 1, Section 2-207 of the City Code pension benefits. Council Member Davis stated that she would support this ordinance but explained that she did not think that the City had gone far enough to correct the impact that overtime had on the pension fund. She referred to the audit report conducted last year which cited that the unfunded liability was due to the impact of overtime in pension earnings and the opportunity demonstrated that showed how some employees were able to take the high three years of their salary and take advantage of overtime in computing their high three to determine their pension. She added that the opportunity for abuse existed as a result of that very CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 8 of 20 system and, as a result, some employees were retiring at significantly more than their regular earnings, which created a problem with the fund and created an inequity in the City's employment system. She added that the City Manager had put forth during budget discussions a recommendation that was very sound and would have continued to allow employees to be paid a pension on their overtime hours, but would have required that the pension payment come in a form equivalent to a 401K. She explained the benefits of the recommendation, but that the majority of the Council did not believe the recommendation was a direction the City wanted to take, and again she supported that decision. She further stated that the City was doing something significantly less than that today by placing a 12 percent cap on the amount an employee can place in their high three computation. She added that this move was better and was an improvement but did not go far enough and unfortunately the people who borne the cost of that was the taxpayers. Council Member Jordan stated that what was often missed and not reported by the media was the combination of events that occurred that increased the funding and the position of the unfunded liabilities in the pension fund. He added that the City had reconstituted the board and employees had given up a pay raise this year to contribute five percent to the fund. He pointed out that as of October 1, 2007, the fund was actuarially sound, moving to a finite position and while there were many dialogs relative to overtime, there were other issues relative to abuse in spiking that involved promotions during that final three year period and other situations. He added that this proposal not only took care of the overtime issue, but also the abuse and placed the burden on the City's managers. He provided examples of when overtime should and should not be used and stated that this proposal was a sound initiative. Council Member Burdette stated that he was supportive of this initiative to try and resolve the problem with the retirement fund. He concurred with Council Member Davis' comments that more could have been done, but at the same time congratulated the Council and Council Member Jordan for bringing about these changes. He further stated that it was incumbent upon the Council in the future to carefully monitor this to ensure that these items that would be adopted would correct the shift in the retirement fund. Mayor Pro tem Hicks stated she supported this issue and stated that the City must continue to monitor the overtime issue on perhaps a quarterly basis. She reiterated Council Member Jordan's comments and added that it was a step in the right direction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 9 of 20 Council Member Jordan stated that City Manager Boswell had reminded him that the pension fund would require constant monitoring; it was not a static situation, but fluctuated with the market and investments. He stated that the Audit and Finance Committee would be reviewing this issue on a continual basis. Mayor Moncrief stated that the Council tried to find middle ground on this issue and since he was the person who proposed the twelve percent during the budget retreat, he was looking for middle ground. He added that this placed the burden on management and Council would hold them accountable. He pointed out that it was incumbent upon the Council to realize that they served the citizens of Fort Worth and were ultimately responsible to them and monetarily the City needed to be on sound footing. He emphasized that he was pleased that the City had been removed from the Attorney General's "watch list" and was very appreciative of staffs work to ensure the City did not fall in this state of disrepair again. Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15939 be approved and Ordinance No. 17848-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15940 There was presented Mayor and Council Communication No. G-15940 from the Ord. No. 17849-10- City Manager recommending that the City Council adopt an ordinance amending 2007 Chapter 2, Article V, entitled "Human Resources", of the Code of the City of Chapter 2,Article Fort Worth (1986), as amended, amending Section 2-186 "Political Activities", V, Section 2-186 of by deleting provisions prohibiting officers and employees from soliciting the City Code contributions for political purposes; deleting provisions prohibiting officers or employees from being an officer of a political party; adding section prohibiting certain employees from taking an active part in municipal campaigns; providing that officers and employees can publicly express their opinions on all political subjects and candidates unless otherwise prohibited by this section. City Attorney Yett advised the Council that Assistant City Attorney Laetitia Brown would provide a detailed explanation of this issue. Ms. Brown clarified that state law governed civil service employees, e.g., police officers and firefighters, and governed their activities. She added that it allowed civil service employees free reign to engage in all kinds of political activities with the only major prohibition being their ability to wear uniforms while campaigning for other people. She stated that currently the City's ordinance did not give general employees the same rights, in fact, general employees were basically relegated to privately expressing their opinions and views. She advised CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 10 of 20 that the City had received complaints because City employees were the persons who received questions whenever there were municipal issues or when someone ran for office, about what the issues were and some employees were reluctant to express their opinions based on the current ordinance. She stated that this ordinance would effectively level the playing field for the most part, with a few exceptions in which general employees would be prohibited from engaging in some activities. She added that the ordinance also prohibited certain employees, e.g., City Manager, Assistant City Managers, City Attorney, Department Directors, etc., from taking an active part in municipal campaigns to make sure they were protected from undue influence from the inside or outside. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15940 be approved and Ordinance No. 17849-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15941 There was presented Mayor and Council Communication No. G-15941 from the Pay Relocation and City Manager recommending that the City Council authorize the additional Moving Expenses payment of relocation and moving expenses to Purselley Pool and Spa from for Right-of-Way 4205 West Vickery Boulevard, in the Vickery Corridor, Parcel No. 74, for right- for the Southwest of-way for the Southwest Parkway Project (DOE 3777). Parkway Project Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15941 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15942 There was presented Mayor and Council Communication No. G-15942 from the Accept Donation City Manager recommending that the City Council accept a donation valued at for New Walkways $56,135.00 from the Fort Worth Garden Club for new walkways in the Fort in Fort Worth Worth Botanic Garden Conservatory. Botanic Garden Conservatory Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15942 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the day for a public hearing to G-15943 designate Tax Abatement Reinvestment Zone No. 63, City of Fort Worth, Texas, Ord. No. 17850-10- in the vicinity of West Pafford Street and Granbury Road. Mayor Moncrief 2007 opened the public hearing and asked if there was anyone present desiring to be Designate Tax heard. Abatement Reinvestment Zone No. 63 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 11 of 20 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-15943, as follows: There was presented Mayor and Council Communication No. G-15943 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 63, City of Fort Worth, Texas, in the vicinity of West Pafford Street and Granbury Road; and make findings of fact and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty- Three, 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 and in accordance with Chapter 312 of the Texas Tax Code. 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 Scarth, that the public hearing be closed, Mayor and Council Communication No. G-15943 be approved with appreciation to the staff of the Economic and Community Development Department, and Ordinance No. 17850-10-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. There was further deliberation on the vote on the motion. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15943 be reconsidered. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15943 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. 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 Continued Until Tarrant County, known as Cobb Park, to Chesapeake Exploration, L.L.C., for a October 30, 2007 two-year term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 12 of 20 Mayor Pro tem Hicks stated that she would continue this item for one week to meet with the advisory group and added that she had received an e-mail expressing concern on the location of the drilling. She also reiterated Assistant City Attorney Sarah Fullenwider's comments relative to City policy that no drilling rigs or equipment would be allowed on park property, the drill pipe would be at least a mile under the surface and would not break the surface of the park property. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of this issue. He stated that the M&C and contract should state explicitly what was meant and reflect the necessary prohibitions for the public's understanding. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14410 be continued until the October 30, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14411 There was presented Mayor and Council Communication No. L-14411, 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 Rockwood Park 389.233 net mineral acres, more or less, of City-owned properties located in Tarrant County, known as the Rockwood Park, to Chesapeake Exploration, L.L.C., for a two-year term. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. L-14411 be approved with the understanding that the lease bonus would stay with the park and the creation of a Rockwood Park Citizens Advisory Committee comprised as follows: Michael Faucette District 2 Parks & Community Services Advisory Board Representative Louis Ayala District 2 Golf Advisory Board Representative Carlos Flores North Side Neighborhood Association Representative Santiago Espinoza Liga del Norte Representative (Mexican-American (or Designee) Baseball League at Rockwood Park) Belinda Norris District 2 Council Aide CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 13 of 20 Mayor Moncrief clarified that the lease bonus stayed with the park and the royalties went into the Park Endowment Fund per the City's existing policy. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14412 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. L-14412, Authorize the Direct Sale of a Tax-Foreclosed Consideration Property Located at 700 May Street in Accordance with Section 34.05 of the Texas Property Tax Code to the City of Fort Worth Parks and Community Services Department (DOE 920) and Authorize Execution and Recording Appropriate Conveyance Documents, be withdrawn from consideration. L-14414 There was presented Mayor and Council Communication No. L-14414 from the Direct Sale of Tax- City Manager recommending that the City Council authorize the direct sale of 17 Foreclosed tax-foreclosed properties, described below, to KT Land, Ltd., in accordance with Properties Section 34.05 of the Texas Property Tax Code (0920) in the total amount of $58,005.54; and Address Legal Description Zoning 1125 East Cannon Lot 15,Block 25,Union Depot A-5 1321 East Cannon Lot 9,Block 44,Union Depot A-5 1401 East Cannon Lot 6,Block 4, Glenwood Addition A-5 1405 East Cannon Lot 4 and 5,Block 4, Glenwood Addition A-5 1611 East Cannon Lot 24,Block 10, Glenwood Addition A-5 1153 Freeman Lot 12,Block 12,Vickery Addition A-5 1159 Freeman Lot 13,Block 13,Vickery Addition A-5 1112 Hattie Lot 4,Block 25,Union Depot A-5 0926 Humbolt Lot 37,Block 2,McAnulty&N. A-5 1312 East Leuda Lot 4,Block 46,Union Depot A-5 1625 East Leuda E 33' W40'Lot 20,Block 11, GI A-5 0969 East Pulaski Lot 11, Guertlers Subdivision A-5 1120 East Pulaski Lot 70,Block 6,McConnell Addition A-5 0954 Stella Lot 2,Block 6, JC Terrell Subdivision A-5 1115 Stella Lot 17,Block 20,Union Depot A-5 1604 East Terrell Lot 25,Block 2,Elmwood Addition A-5 1641 East Terrell Lot 11,Block 2,Elmwood Addition A-5 Authorize the City Manager to execute and record the appropriate document conveying the properties to KT Land, Ltd. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14414 be approved with appreciation to City staff The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 14 of 20 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14415 authorize the conversion of 0.252 acres of Trinity Park for a pipeline easement to Convert Parkland transport natural gas and authorize execution of a License Agreement with Texas for Pipeline Midstream Gas Services. Mayor Moncrief opened the public hearing and asked Easement to if there was anyone present desiring to be heard. Transport Natural Gas— Mr. David Creek, Park Planning Superintendent for the Parks and Community Continued Until November 27, 2007 Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14415, as follows: There was presented Mayor and Council Communication No. L-14415 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, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists for the location of the proposed gas pipeline for Trinity 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 0.252 acres of dedicated parkland for a pipeline easement to bore a 24-inch gas pipeline in Trinity Park, being a portion of land in Tract No. 1, a portion of the George Shields Survey and Block No. 42 of the Edwards Hein's Addition, Tarrant County, Texas; authorize the execution of a License Agreement with Texas Midstream Gas Services for improvements at a value equal to or greater than the assessed $24,113.69 License Agreement fee; and authorize the acceptance of License Agreement fee $24,113.69 in-lieu- of park improvements. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of this issue. He reiterated the importance of ensuring verbal agreements were written explicitly in the M&C and contract. He addressed the many pipelines within the City and the impact to future commuter rail systems and stated that a review at road crossings granted from Dirks Road and Benbrook Boulevard almost to Berry Street, to see if the City was precluding the rail stations from being affected. Linda Hanratty Ms. Linda Hanratty, 4236 Oak Park Court, representing the League of Women Voters, appeared before Council in opposition of this issue. She quoted a letter from the League as follows: "The League of Women Voters of Tarrant County, in accordance with our position on gas pipelines, urges you (the City Council) to place a moratorium on the approval of any new gas pipeline easements within the City until a plan is CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 15 of 20 developed with recommended routes for new pipelines. Approving them on a case-by-case basis without a plan in place jeopardizes future city development including new rail stations and mixed-use development. Such a plan could ensure that gas pipelines are not placed in hazardous areas." Council Member Burdette stated that he found it difficult that any of the gas companies doing business within the City were foolish enough to think the Council would be hoodwinked into approving something, and then the company do something different. He agreed that the Council did need to obtain more information on this issue. He pointed out that putting this pipeline along an existing railway right-of-way was a benefit for the City as it allowed for the gas to be transported out of the City through an existing right-of-way without having to disrupt the City streets. Council Member Davis stated that this was about two distinct issues. The first was the impact to Trinity Park and the City Manager's concern to craft an M&C that recognized the protections that the City wanted to put in place in terms of surface impact. She stated that she had spoken with the Law Department about paragraph 3 of the M&C and she had some questions and concerns on the language. She pointed out however, that the larger issue was the placement of the gas pipelines. She added that in this particular instance, the City would allow an easement for a pipeline under a park without a full understanding of where the pipeline went north and south of this location. She also expressed confusion with paragraph 2 of the M&C that stated "...no feasible or prudent alternative..." existed without understanding where the pipeline was going north or south, because only an understanding of that would help the City determine if alternatives existed for its placement in the park. She stated that the possible impacts were beyond the planning for the rail stations of the Trinity Railway Express or neighborhood communities. She added that this needed to be a cooperative process and that it was very important the City obtain as much information as possible. She concluded her comments by requesting that staff in the future provide very specific language relative to the factors used to determine if alternatives did or did not exist for proposed gas pipelines. She stated that she would continue this issue for one month, but was advised by City Secretary Hendrix that the Council meeting of November 13 and 20 had been canceled. Council Member Davis then stated that she would recommend continuance of this issue to the November 27, 2007, Council meeting. Kent Wilkerson Mr. Kent Wilkerson, 301 N. Commerce Street, Suite 600, appeared before Council in support of the easement. He stated that he did not have opposition with this item being continued until November 27, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 16 of 20 Mayor Moncrief recognized other individuals who did not wish to speak at this time: Daniel Junk Daniel Junk 17106 Chestnut Creek Court, Spring, TX Stephen Johnson Stephen Johnson 5601 East First Street 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 Silcox, that Mayor and Council Communication No. L-14415 be continued until the November 27, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14416 authorize conversion of approximately 0.594 acres of The Vineyards at Heritage Convert Parkland Park for use of a pipeline easement to transport natural gas and authorize for Pipeline execution of a License Agreement with the Texas Mobile Pipeline Company. Easement to Mayor Moncrief opened the public hearing and asked if there was anyone Transport Natural present desiring to be heard. Gas— Continued Until October 30, 2007 Mr. David Creek, Park Planning Superintendent for the Parks and Community Services Department, appeared before Council, gave a staff report, requested that, after any citizen comments, the public hearing be continued until the October 30, 2007, Council meeting and called attention to Mayor and Council Communication No. L-14416, as follows: There was presented Mayor and Council Communication No. L-14416 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, 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 0.594 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 Texas Mobile Pipeline Company for improvements at a value equal to or greater than the assessed $22,643.25 License Agreement Fee; and authorize the acceptance of the License Agreement Fee valued at $22,643.25 in-lieu-of park improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 17 of 20 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. L-14416 be continued until the October 30, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief stated that residents would be surprised with the number of gas pipelines that currently exist within the City and pointed out that the product in the pipelines needed to be transported in some form. He requested that City Manager Boswell provide the Council with a map of the City that reflected locations of current pipelines operating within the City limits. Council Member Silcox stated that the public needed to the educated on the placement of pipelines within the City to ensure they received an understanding of gas well pipeline placement and locations. C-22460 There was presented Mayor and Council Communication No. C-22460 from the Wilson and City Manager recommending that the City Council authorize the City Manager Stonaker, LLC to enter into a Unified Sign Agreement with Wilson and Stonaker, LLC, for the Landmark Quebec Retail Development in the 6600 and 6700 blocks of Northwest Loop 820. William Stonaker Mr. William Stonaker, 325 Miron, Suite 110, Southlake, Texas, the developer for this project, appeared before Council in support of this agreement. He summarized his plans for the development for the Council and advised of the number of signs that had been eliminated and the number of signs that would be on the property and their locations and requested favorable consideration. Council Member Davis stated she had an opportunity to meet with the sign company representative to express her unhappiness with the electronic messaging portion of part of the unified signs that would be used. She pointed out that it was her understanding that this was significantly better in terms of the amount of signage allowed otherwise. She stated that company was going from a total allowable 89 detached signs and a total sign square footage of 9,699 square feet to a total of 31 detached signs and a square footage of 5,458 square feet, a sign reduction of 65 percent. She stated that the reduction was significant and she would support this issue. Council Member Burdette stated that the developer had worked very closely with the City for a number of years on various aspects of this project. He added that the development would be a very fine commercial development and a benefit to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 18 of 20 Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22460 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22461 There was presented Mayor and Council Communication No. C-22461 from the Wilson and City Manager recommending that the City Council authorize the City Manager Stonaker, LLC to enter into a Unified Sign Agreement with Wilson and Stonaker, LLC, for the Lone Star Business Park Development in the 6700 block of Northwest Loop 820. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22461 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22471 There was presented Mayor and Council Communication No. C-22471 from the Change Order No. City Manager recommending that the City Council authorize the City Manager 2 to CSC No. 35501 to execute Change Order No. 2 to City Secretary Contract No. 35501 with - Conatser Conatser Construction of Texas, L.P., for water and sanitary sewer relocations Construction of for SH-121T (Southwest Parkway), Parts 1, 5 and 7A (City Project No. 00204) Texas, L.P. in the amount of $176,867.00 thereby increasing the contract amount to $3,607,695.00. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22471 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22472 There was presented Mayor and Council Communication No. C-22472 from the Renew Agreement City Manager recommending that the City Council authorize the City Manager with Fort Worth to execute a renewal of the Interlocal Agreement with the Fort Worth Independent Independent School District for the City to provide a School Attendance Court to School District adjudicate Fort Worth Independent School District truancy cases; and authorize the City Manager to accept reimbursement from the Fort Worth Independent School District in the amount of $685,015.00 for all personnel and other costs related to the operation of the above-mentioned School Attendance Court in FY 2007-2008. Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22472 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one abstention by Council Member Moss. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23, 2007 PAGE 19 of 20 AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-155 It appeared that the City Council, at its meeting of October 16, 2007, continued Continued Until the hearing of the application of Crockett Realty, L.P., for a change in zoning of October 30, 2007 property located at 303 and 307 Crump Street from "J" Medium Industrial and 'THSE" 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 Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Crockett Realty, L.P., Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-155 be continued until the October 30, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV Mayor Moncrief acknowledged Mr. Joe Don Brandon, 1415 East Lancaster, as Citizen desiring to address the Council relative to a 24/7 community labor hall; however, Presentations Mr. Brandon was not present in the Council Chamber. Joe Don Brandon Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:04 p.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) City of Fort Worth v. Charles Martinez, Cause No. B30403-99; b) City of Fort Worth v. Charlie S. Martinez, Jr., and Magdalena S. Martinez, Trustee for the Charlie S. Martinez, Jr., Trust, Cause No. 141-218224-06; c) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 23,2007 PAGE 20 of 20 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate 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 regular session at 1:10 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 1:15 p.m. in Adjournment memory of Mr. William"Bill" Sarsgard. These minutes approved by the Fort Worth City Council on the 30th day of October, 2007. Attest: Approved: NMaHendrix Michael ncri City Secretary Mayor