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HomeMy WebLinkAbout2007/11/27-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 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 10:20 a.m. on Tuesday, November 27, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Hicks temporarily absent. Agenda Item II The invocation was given by Dr. Russell K. Elleven, Westside Unitarian Invocation Universalist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge (Mayor Pro tem Hicks assumed her place at the dais.) Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Davis, the minutes of the regular meeting of November 6, 2007, and called- Minutes special meeting of November 19, 2007, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Davis presented a Proclamation for Cowboy Santas Month to Special Ms. Sharon Armstrong, Cowboy Santas Program, Inc., Board Chair. Presentations Council Member Espino presented a Proclamation for Executive Leadership and Development Institute Day to Mr. Anthony Snipes. Mr. Snipes advised the Council of the accomplishments of the members from the inaugural class during this year-long program. Mayor Moncrief requested Mr. Snipes provide written information on this organization to the Council in the near future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 2 of 35 Agenda Item VI Council Member Jordan stated that although there had been a two-week break Announcements for the Council during Thanksgiving, various members of the Council still conducted business for the City by attending meetings of the Texas Municipal League (TML) and National League of Cities (NLC). He expressed appreciation to members of the Governmental Relations Office for their support in preparing the Council for an open dialog with other cities facing similar issues. He added that his Council Aide, Madelyn Gibbs, and City staff attended neighborhood meetings also during this time and expressed appreciation for everyone's hard work. Council Member Espino announced that the Hanna Montana concert held at the Fort Worth Convention Center on November 14, 2007, was a huge success and provided the City with tremendous press coverage. He added that this was the type of high profile and high visibility event needed in the City. He also announced that last night he attended the 75th birthday Mass and reception for Father Stephen Jasso, Pastor of All Saints Catholic Church. He added that Father Jasso also celebrated over 50 years in the Franciscan way of life, 42 years as a priest and that he was recognized earlier in the year by the City of Fort Worth with the Louis Zapata Award and by the United Hispanic Council. He further stated that he was blessed to have Father Jasso as a friend and spiritual advisor. He expressed appreciation to VickiJo Brozovic for attending the celebration on behalf of the Mayor and Council. He also announced that public hearings for the 2008 Bond Program for Streets would continue with the next meeting scheduled for December 3, 2007, at 7:00 p.m. at the North Fort Worth Baptist Church Sanctuary, 5801 N. Interstate 35W, and encouraged all citizens to attend and provide input. Council Member Moss expressed appreciation to the Mayor and everyone that attended the ribbon cutting for the Waterfront at Enchanted Bay, the beginning point for the redevelopment for the Fort Worth side of Lake Arlington. He added that it was a significant event from the standpoint of being able to see what type of development could actually take place from a side of the lake that had been abandoned for so long. He also announced that on November 29, 2007, a meeting for the Comprehensive Plan Update would be conducted at Dunbar High School from 6:30 p.m. to 8:00 p.m. and encouraged everyone in District 5 to attend. He further announced that District 5 would have a Town Hall Meeting on December 8, 2007, from 10:00 a.m. to 12:30 p.m. at Dunbar High School to discuss an update on various issues in District 5. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 3 of 35 Mayor Pro tem Hicks announced that the groundbreaking for Neighborhood Homes would take place on December 1, 2007, at 11:00 a.m. at 938 East Leuda. She added that this project was in the historic Terrell Heights Neighborhood off Evans and Rosedale. She further stated that Jerome Walker, Housing Department Director, had worked very hard on this project and encouraged everyone to attend the groundbreaking. Council Member Scarth announced that on November 11, 2007, he attended a reunion of Sagamore Hill Baptist Church in District 8 where he grew up. He stated that the church was now moving to a new building in District 5 and that the reunion was a tremendous time for the many people who come back to Fort Worth from all over the country. He expressed appreciation to Assistant City Manager Joe Paniagua, Police Chief Ralph Mendoza, Deputy Police Chief Patricia Kneblick and various City staff for attending a Woodhaven Town Hall meeting on November 20, 2007, and answered a lot of questions on various issues and provided valuable information. He acknowledged Mayor Pro tem Hicks's election to the NBC Legal Board at the National League of Cities (NLC) and stated that he appreciated her willingness to step forward and add another job to her long list of duties. He also acknowledged Council Member Jordan's leadership at the TML and NLC Conferences. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15968 be withdrawn from the consent agenda. Consent Agenda Council Member Silcox requested that Mayor and Council Communication No. C-22519 be withdrawn from the consent agenda. Mayor Pro tem Hicks requested that Mayor and Council Communication Nos. C-22521, C-22522 and C-22523 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15846, G-15945, G-15968 and L-14415 be withdrawn from consideration. Withdrawn By Staff 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-1635 M&C OCS-1635 - 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 NOVEMBER 27, 2007 PAGE 4 of 35 G-15966 M&C G-15966 - Approving the FY 2007-2008 payments for ambulance Pay for FY 2007- services to Area Metropolitan Ambulance Authority, d/b/a MedStar. 2008 Ambulance Services G-15967 M&C G-15967 - Authorizing the City Attorney to file a lawsuit against Alice Res. No. 3554-11- Davis for negligence; and adopting Resolution No. 3554-11-2007 authorizing 2007 the City Attorney to file a lawsuit against Alice Davis regarding a collision with File Lawsuit Against a City Police vehicle on November 1, 2005. Alice Davis Regarding Collision with Police Vehicle on November 1, 2005 G-15969 M&C G-15969 - Approving the 2007 Ad Valorem Tax roll as provided by Approve 2007 Ad Tarrant County Tax Office. Valorem Tax Roll G-15970 M&C G-15970 - Authorizing Amendment No. 1 to City Secretary Contract No. Ord. No. 17875-11- 35984, a professional services agreement with Emma S. Walker, PC, to assist in 2007 the completion of the FY 2006 Comprehensive Annual Financial Report, Amendment No. 1 to increasing the compensation by $100,000.00, for a total cost not to exceed CSC No. 35984- $210,000.00; and adopting Supplemental Appropriation Ordinance No. 17875- Emma S. Walker, 11-2007 increasing appropriations in the General Fund in the amount of PC $100,000.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of increasing compensation to Emma S. Walker, PC, to assist in the completion of the Fiscal Year 2006 Comprehensive Annual Financial Report. G-15971 M&C G-15971 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Police Officer Lisa Ramsey. Leave-of-Absence Pay Benefits for Police Officer Lisa Ramsey G-15972 M&C G-15972 - Adopting Ordinance No. 17876-11-2007 increasing the total Ord. No. 17876-11- number of authorized civil service positions in the Police Department; adding 2007 five Police Officer positions and reducing one Police Officer position in the Increase Civil Grants Fund; providing a state of purpose and intent for the adoption and Service Staff in implementation of this ordinance. Police Department by Five Police Officers and Reduce One Police Officer CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 5 of 35 G-15973 M&C G-15973 - Adopting Ordinance No. 17877-11-2007 adjusting the total Ord. No. 17877-11- number of authorized civil service positions at each classification in the Fire 2007 Department for Fiscal Year 2007-2008; providing for the creation of twenty- Increase Civil eight additional firefighter positions; providing a statement of purpose and Service Staff in Fire intent. Department and Provide for Creation of Firefighter Positions P-10680 M&C P-10680 - Authorizing the purchase of a robotic disposal system from Robotic Disposal HDE Manufacturing, Inc., for the Fire Department. Unit P-10681 M&C P-10681 - Authorizing multiple purchase agreements with Verizon Network and Business Network Services, d/b/a Verizon, INX, Inc., Anixter, Inc., Future Communication Com, Ltd., and AT&T for network and communication equipment, parts and Equipment, Parts maintenance; and reject proposals received and authorize a new Request for and Maintenance, Proposals (RFPs) for computers and computer peripheral equipment for the IT Reject and Solutions Department. Authorize RFPs for Computer and Computer Peripheral Equipment P-10682 M&C P-10682 - Authorizing a purchase agreement for structural firefighter Structural boots with Dooley Tackaberry for the Fire Department based on best value. Firefighter Boots P-10683 M&C P-10683 - Authorizing a purchase agreement for vertical pumps and Vertical Pumps and repair service with Smith Pump Company for the Water Department. Repair Service P-10684 M&C P-10684 - Authorizing purchase agreements for water treatment Water Treatment chemicals with General Chemical Performance Products, Valley Solvents and Chemicals Brenntag Southwest, Inc., for the Water Department; and authorizing the City Manager to execute interlocal agreements allowing local governmental entities to participate in this bid award in accordance with Local Government Code, Section 271.102 "Cooperative Purchasing Program Participation". P-10685 M&C P-10685 - Authorizing a multi-year sole source purchase agreement for Software software maintenance and support with Shavlik Technologies, LLC, for the IT Maintenance and Solutions Department. Support CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 6 of 35 P-10686 M&C P-10686 - Authorizing a purchase agreement for airport signs with Airport Signs Airport Lighting Systems, Inc., for the Aviation Department; and authorizing the City Manager to execute interlocal agreements allowing other local governments to participate in this bid award in accordance with Local Government Code, Chapter 271.102 "Cooperative Purchasing Programs Participation." P-10687 M&C P-10687 - Authorizing a purchase agreement for liquid cationic polymer Liquid Cationic with Polydyne, Inc., for the Water Department; and authorizing the City Polymer Manager to execute interlocal agreements allowing other local governmental entities to participate in this bid award in accordance with Local Government Code, Section 271.102 "Cooperative Purchasing Program Participation." P-10688 M&C P-10688 - Authorizing a purchase agreement with Cover-Tek, Inc., for Employee and health screenings for employees and retirees for the Human Resources Retiree Health Department. Screenings P-10689 M&C P-10689 - Authorizing primary and secondary purchase agreements for Rental of Shoring rental of shoring and shielding equipment with United Rentals Trench Safety and Shielding and U.S. Shoring and Equipment, respectively, for the City of Fort Worth; and Equipment authorizing the City Manager to execute interlocal agreements allowing local governmental entities to participate in this bid award in accordance with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation." P-10690 M&C P-10690 - Authorizing a purchase agreement for sodium hypochlorite Sodium with 10 percent aqueous solution with Petra Chemical Acquisition Corp., d/b/a Hypochlorite with DCC, Incorporated, for the Parks and Community Services Department based 10 Percent Aqueous on sole bid received; and authorizing the City Manager to execute interlocal Solution agreements allowing other local governments to participate in this bid award in accordance with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation." P-10691 M&C P-10691 - Authorizing non-exclusive purchase agreements with Elliott Wood Shavings Agri-Service, Teton Forest Products, LLC, and Agri-Tex Wood Shavings, for wood shavings for the Public Events Department, Will Rogers Memorial Center for resale to equestrian events participants. P-10692 M&C P-10692 - Ratifying the purchase of traffic citation printing from Traffic Citation Integrated Document Solutions, Inc., for the Municipal Court for a cost not to Printing exceed $26,033.70. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 7 of 35 L-14420 M&C L-14420 - Approving the sale of a City Fee Owned Surplus Property Sale of City Fee described as Lot 6, Block 2, North Riverside Estates, located at 3201 Williams Owned Surplus Place to Robert T. Chesser, Jr., in accordance with the Texas Local Property Government Code Section 272.001 for a total bid amount of $18,000.00; and authorizing the City Manager to execute and file the appropriate documents (DOE 4953). L-14421 M&C L-14421 - Approving the sale of a City Fee Owned Surplus Property Sale of City Fee described as Lot 3, Block 2, North Riverside Estates, located at 3217 Williams Owned Surplus Place to Robert T. Chesser, Jr., in accordance with Texas Local Government Property Code Section 272.001 for a total bid amount of$13,500.00; and authorizing the City Manager to execute and file the appropriate documents (DOE 4953). L-14422 M&C L-14422 - Authorizing the direct sale of approximately 12,794 square Sale of City Fee feet of City Fee Owned Surplus Property known as a portion of Tract 18A, Owned Surplus Abstract No. 688 in the E.S. Harris Survey, Fort Worth, Tarrant County, Texas, Property to Baylor Health Care System, a Texas Non-Profit Corporation, in accordance with Texas Local Government Code 272.001 (b) (1) for a total sales price of $78,639.00; and authorizing the City Manager to execute and record the necessary documents (DOE 4953). L-14423 M&C L-14423 - Approving the cancellation of the 50-year lease agreement Cancel Lake Worth with Nancy Pyle for City-owned property described as Lot 27R, Block 17, Lake Lease for City- Worth Lease Survey, located at 8405 Island View Drive. Owned Property L-14424 M&C L-14424 - Approving the acquisition of one permanent drainage facility Acquire Permanent easement and temporary construction easement described as a portion of the J. Drainage Facility Burleson Survey, Abstract No. 78, Fort Worth, Tarrant County, Texas, from Easement and Somerset-Lost Creek Golf, Ltd., located in west Fort Worth for the construction Temporary of drainage infrastructure improvements (DOE 4744); finding that the price Construction offered in the amount of $5,744.00 is just compensation; and authorizing the Easement for Drainage acceptance and recording of appropriate instruments. Infrastructure Improvements L-14425 M&C L-14425 - Authorizing the acceptance of a lease agreement for natural Lease of City- gas drilling under 1.236 acres, more or less, of City-owned properties located in Owned Properties Tarrant County, Texas, known as Oakhurst Park, to Chesapeake Exploration, for Natural Gas L.L.C. Drilling in Oakhurst Park CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 8 of 35 C-22520 M&C C-22520 - Authorizing the City Manager to execute a Public Right-of- Barnett Gathering, Way Use Agreement with Barnett Gathering, LP, (Barnett Gathering) that LP grants Barnett Gathering a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Wagley-Robertson Road. C-22524 M&C C-22524 - Ratifying expenditures incurred by the Fire Department in Amendment No. 2 to providing temporary assistance to the Area Metropolitan Ambulance Authority, CSC No. 35800- d/b/a MedStar, in responding to emergency situations that require medically Area Metropolitan trained personnel; and ratifying the exercising of an option on Ambulance November 19, 2007, to execute Amendment No. 2 to City Secretary Contract Authority, d/b/a No. 35800, as amended, entered into between the City and MedStar that allows MedStar Fire Department personnel to volunteer to work for MedStar on a temporary basis to assist MedStar in responding to emergencies requiring medical personnel, provides for payment of expenditures by the City, and assigns responsibility for civil liability that arises from the furnishing or obtaining under the contract to MedStar, with said option extending from 12:01 a.m., November 19, 2007, through December 19, 2007. C-22525 M&C C-22525 - Authorizing the City Manager to execute a three-year contract McGriff, Seibels & with McGriff, Seibels & Williams of Texas, Inc., for workers' compensation Williams of Texas, excess insurance broker and consulting services. Inc. C-22526 M&C C-22526 - Authorizing the City Manager to execute a three-year contract CCS Consulting, with CCS Consulting, L.P., for Workers' Compensation claims administration L.P. services. C-22527 M&C C-22527 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 to the annual architectural design contract for small multi-disciplinary projects Annual with Elements of Architecture, Inc., increasing the agreement by $350,000.00, Architectural for a total fee not-to-exceed $600,000.00 over the three-year period of the Design Contract- agreement. Elements of Architecture, Inc. C-22528 M&C C-22528 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 to a Municipal Maintenance Agreement with the Texas Department of Municipal Transportation (TxDOT) to provide for the furnishing, installation, operation Maintenance and maintenance of cameras on state highway rights-of-way to monitor Agreement- compliance with traffic control systems. TxDOT CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 9 of 35 C-22529 M&C C-22529 - Authorizing the execution of six Drainage Channel M&C Development, Maintenance Agreements from M&C Development, Ltd., described as a portion Ltd. of the Joseph Bowman Survey, Abstract No. 79, located south of Cromwell, west of Bowman Roberts Road (DOE 5573). C-22530 M&C C-22530 - Authorizing the City Manager to execute Amendment No. 3 to Amendment No. 3 to City Secretary Contract No. 31731 with URS Corporation in the amount of CSC No. 31731 - $33,732.00 to update Noise Exposure Maps and conduct an additional public URS Corporation meeting in conjunction with the update of the FAR Part 150 Noise Compatibility study at Fort Worth Alliance Airport, thereby increasing the contract to $558,560.00. C-22531 M&C C-22531 - Approving Phase 6 fee to DMJM Aviation under their On-Call DMJM Aviation Consulting Agreement, in the amount of $123,508.05, to provide design of airfield signs, airport beacon relocation, airfield lighting control and monitoring system and construction phase services for these projects at Fort Worth Alliance Airport. C-22532 M&C C-22532 - Authorizing the City Manager to execute a contract with A & Ord. No. 17878-11- M Construction and Utilities, Inc., in the amount of $94,259.90 for Flaxseed 2007 Drainage Improvements (Project No. 00701); authorizing the transfer of A &M $117,745.90 from the Storm Water Utility Fund to the Storm Water Capital Construction and Projects Fund; and adopting Appropriation Ordinance No. 17878-11-2007 Utilities, Inc. increasing estimated receipts and appropriations in the Storm Water Capital Projects Fund in the amount of $117,745.90 from available funds for the purpose of executing a contract with A& M Construction and Utilities, Inc., for Flaxseed Drainage Improvements. C-22533 M&C C-22533 - Authorizing the City Manager to enter a 25 year Drainage Union Pacific Facility and Waterway Agreement with Union Pacific Railroad Company for Railroad the installation of a storm drain located at milepost 246.6 (DOE 4705_02451- 70) for a one-time cost of $41,923.00. The City of Fort Worth will incur all costs for this agreement. C-22534 M&C C-22534 - Authorizing the transfer of $35,243.00 from the Water and Ord. No. 17879-11- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 2007 Appropriation Ordinance No. 17879-11-2007 increasing estimated receipts and Amendment No. 1 to appropriations in the Sewer Capital Projects Fund in the amount of$35,243.00 CSC No. 29007- from available funds, for the purpose of executing Amendment No. 1 to City TranSystems Secretary Contract No. 29007 with TranSystems Corporation Consultants for Corporation Consultants additional services to Sanitary Sewer Main 253 Replacement; and authorizing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 10 of 35 the City Manager to execute Amendment No. 1 to City Secretary Contract No. 29007 with TranSystems Corporation Consultants for additional services related to Sanitary Sewer Main 253 Replacement in the amount of$35,243.00, thereby increasing the contract to $925,578.00. C-22535 M&C C-22535 - Authorizing the City Manager to execute Amendment No. 2 to Ord. No. 17880-11- City Secretary Contract No. 28006 with Dannenbaum Engineering Corporation 2007 for Sanitary Sewer Main 257 and 325 (Middle and Upper Village Creek) Amendment No. 2 to parallel Relief Alignment and Design; authorizing the transfer of$329,406.00, CSC No. 28006- from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Dannenbaum and adopting Appropriation Ordinance No. 17880-11-2007 increasing Engineering Corporation estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $329,406.00 from available funds, for the purpose of executing Amendment No. 2 to an engineering agreement with Dannenbaum Engineering Corporation for Sanitary Sewer Main 259 and 325 (Middle and Upper Village Creek) Parallel Relief Alignment and Design. C-22536 M&C C-22536 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 to City Secretary Contract No. 29020 with TranSystems Corporation, d/b/a CSC No. 29020- TranSystems Corporation Consultants, for Walsh Ranch Sewer Main TranSystems Extension, Phases IA, 113 and 1D (City Project No. 00218), in the amount of Corporation, d/b/a $36,480.00 to provide for additional engineering services, thereby increasing TranSystems the contract amount to $633,450.00. Corporation Consultants C-22537 M&C C-22537 - Authorizing the City Manager to execute a lease agreement Jose Vasquez, Jr., for approximately 8,040 square feet of office space located at 3457 Decatur d/b/a Vasquez Avenue for the Police Department from Jose Vasquez, Jr., d/b/a Vasquez Enterprise, Inc. Enterprise, Inc., at a cost of$4,020.00 per month. C-22538 M&C C-22538 - Authorizing the City Manager to apply for, accept, reject, alter Ord. No. 17881-11- or terminate, if awarded, Paul Coverdell Forensic Sciences Improvement 2007 Program Grant Funds from the Office of the Governor, Criminal Justice Accept Grant for Division; authorizing the City Manager to designate the Assistant City Manager Purchase of who oversees the Police Department as the authorized official to accept, reject, Equipment, alter or terminate the Criminal Justice Division's Coverdell Forensic Sciences Monitoring Quality Standards and Improvement Program Grant after it is awarded; providing assurance that funds Maintaining will be returned to the Criminal Justice Division in full in the event of loss or Accreditation to misuse of Criminal Justice Division grant funds; and adopting Appropriation Enhance Operation Ordinance No. 17881-11-2007 increasing estimated receipts and appropriations of Crime in the Grants Fund in the amount of $73,065.00 subject to the receipt of the Laboratory grant from the Office of the Governor, Criminal Justice Division for the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 11 of 35 purpose of funding the purchase of equipment, monitoring quality standards and maintaining accreditation to enhance the operation of the Crime Laboratory. C-22539 M&C C-22539 - Authorizing the City Manager to execute a contract Amend CSC No. amendment to City Secretary Contract No. 32518 for $374,782.00 with the 32518 -Boys and Boys and Girls Clubs of Greater Fort Worth to extend the term of the Girls Clubs of agreement through FY 2008 to continue operation of the Safe Haven Program Greater Fort Worth at Polytechnic Martin Boys and Girls Club and Kirkpatrick Middle School. C-22540 M&C C-22540 - Authorizing the City Manager to execute a professional Accutest services contract with Accutest Laboratories Gulf Coast for laboratory Laboratories Gulf analytical services. Coast C-22541 M&C C-22541 - Adopting Supplemental Appropriation Ordinance No. 17882- Ord. No. 17882-11- 11-2007 increasing appropriations in the Environmental Management 2007 Operating Fund in the amount of $81,000.00 and decreasing the unreserved Ord. No. 17883-11- retained earnings by the same amount, for the purpose of transferring said funds 2007 to the Environmental Management Project Fund; approving the transfer of Intercon $81,000.00 in undesignated funds in the Environmental Management Operating Environmental, Inc. Fund to the Environmental Management Project Fund; adopting Appropriation Ordinance No. 17883-11-2007 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $81,000.00 from available funds, for the purpose of executing a contract with Intercon Environmental, Inc., for asbestos abatement at the former retail property located at 3616 East Lancaster; and authorizing the City Manager to execute a contract with Intercon Environmental, Inc., for asbestos abatement services for the former retail property located at 3616 East Lancaster in the amount of $81,000.00. C-22542 M&C C-22542 - Authorizing the City Manager to terminate City Secretary Terminate CSC No. Contract No. 30582, a Terminal Building Office Lease Agreement with 30582 and Execute Enterprise Leasing of DFW for office Suites 112, 113 and 114, at Fort Worth Terminal Building Meacham International Airport; and executing a Terminal Building Office Office Lease Lease Agreement with Enterprise Leasing of DFW for office Suites 111, 107A Agreement with Enterprise Leasing and 107B, at Fort Worth Meacham International Airport. of DFW CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 12 of 35 C-22543 M&C C-22543 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 to City Secretary Contract No. 34061, a Terminal Building Office Lease CSC No. 34061 - Agreement with Epic Helicopters, LLC, for renovations to Suite 109 at Fort Epic Helicopters, Worth Meacham International Airport. LLC C-22544 M&C C-22544 - Authorizing the City Manager to execute a license agreement Metro PCS with Metro PCS for installation and operation of personal communications system equipment on the Northwest Elevated Water Tower, located at 3216 Azle Avenue. C-22545 M&C C-22545 - Authorizing the City Manager to accept funds in the amount Ord. No. 17884-11- of $22,800.00 from Tarrant County for Fiscal Year 2007-2008 for two 2007 Community Action Partners Centers; authorizing the City Manager to execute a Tarrant County lease agreement with the Bethlehem Baptist Church for the Far Southeast Community Action Partners Center in an amount not to exceed $7,800.00 per year; and Richard Hartman for the Far Northwest Community Action Partners Center in an amount not to exceed $10,534.68 per year; authorizing a non- interest bearing, interfund loan from the General Fund to the Grants Fund in the amount of $5,700.00 for interim financing of this grant project, pending contract execution; and adopting Appropriation Ordinance No. 17884-11-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $22,800.00 from available funds for the purpose of funding the operations of two Community Action Partners Centers. The motion carried. End of Consent Agenda. Agenda Item X Council Member Davis referred to Resolution No. 3550-11-2007 previously Presentations by adopted by the Council on November 6, 2007, that appointed several City Council individuals to the Fort Worth Sports Authority. She stated that she took full responsibility for not paying attention to the resolution and understanding the impact of what action was taken. She pointed out that she did not understand that the City removed Mr. Jim Schell from the board and she had some questions about that action. She stated that under the City's policy with moving forward with a motion to reconsider this resolution, she had failed to comply with the policy by making a written request for reconsideration in a timely fashion. She added that she would like to get information on that policy and stated that she did understand that some comments were made relative to an executive session held by the Sports Authority and had re-read some comments in the newspaper; however, she did not see anything that she felt was revealing of an executive session communication and expressed concern why the City moved forward in that manner. She requested that the Council receive a briefing on the negotiations with the Texas Motor Speedway (TMS) during the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 13 of 35 next Executive Session relative to mineral interests underneath that property and the reasons for the removal of Mr. Schell from the Authority Board. She pointed out that this was something that potentially had great impact on the taxpayers of Fort Worth and that the Council should be involved in those discussions. Council Member Silcox stated that he shared Council Member Davis's concerns and concurred with her request. Council Member Espino stated that as President of the Fort Worth Sports Authority, all meetings of the Authority Board had been publicly posted, that the Authority Board was in very sensitive negotiations with TMS and that the Authority Board would be happy to provide that briefing during an Executive Session. He advised that the Authority Board was trying to develop an agreement that benefited the taxpayers of Fort Worth as well as continue to provide a positive economic impact that the TMS provided the City. He added that the Authority Board hoped to reach an agreement with TMS and have a win-win relationship for the parties involved. Council Member Jordan stated that as he understood, any agreement reached by the Authority Board would come before the Council for action, and asked City Attorney Yett to clarify. City Attorney Yett stated that he believed that the Fort Worth Sports Authority, as owner of the property, had the authority to approve an agreement and execute an agreement without Council approval. He added that the Authority Board intended to keep the Council apprised of the status of the negotiation, but that he did not believe it required a formal Council vote to resolve the issue. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution of the City Council of the City of Fort Worth, Res. No. 3555-11- Texas, authorizing the setting of a called-special meeting on 2007 December 27, 2007, for the purpose of canvassing the results of the runoff Set Called-Special election to be held on December 18, 2007, to elect a City Council member for Meeting on City Council District 9 to serve the remainder of an unexpired term. December 27, 2007, to Canvass Runoff Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Election Held on that Resolution No. 3555-11-2007 be adopted. The motion carried December 18, 2007, unanimously nine (9) ayes to zero (0) nays. to Elect Council Member for District 9 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 14 of 35 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15846 It was the consensus of the City Council that Mayor and Council Change Retiree Communication No. G-15846, Adopt City Council Resolution Changing Healthcare Benefits Retiree Healthcare Benefits for Employees Hired on or After January 1, 2008, for Employees be withdrawn from consideration. Hired On or After January 1, 2008— Withdrawn from Consideration G-15945 It was the consensus of the City Council that Mayor and Council Temporary Closure Communication No. G-15945, Authorize Temporary Closure of Main Street of Main Street for from 3rd Street through 9th Street and 4th Street through 9th Street from Houston Gran Fiesta de Fort Street to Commerce Street During Specified Times Beginning Thursday, Worth Festival July 24, 2008, until Monday, July 28, 2008, for the Gran Fiesta De Fort Worth, July 24-28, 2007— be withdrawn from consideration. Withdrawn from Consideration G-15968 It was the consensus of the City Council that Mayor and Council Settlement of Communication No. G-15968, Settlement of Claims in a Lawsuit Entitled City Lawsuit, Case No. of Fort Worth v. Betty Rosen Weil, Sam Rosen, the Daniel Gordon Rosen 2005-033399-2— Trust, the Jill Suzanne Rosen Trust, the Lynn Rosen Jordan Trust, City of Fort Withdrawn from Worth, Fort Worth Independent School District and Tarrant County, Texas, Consideration Case No. 2005-033399-2, be withdrawn from consideration. G-15974 There was presented Mayor and Council Communication No. G-15974 from Res. No. 3556-11- the City Manager recommending that the City Council adopt a resolution 2007 readopting the Relocation Incentives Policy for businesses displaced by Major Readopt Relocation Public Infrastructure Projects in the City. Incentives for Businesses Council Member Espino made a motion, seconded by Council Member Moss, Displaced by Major that Mayor and Council Communication No. G-15974 be approved and Public Resolution No. 3556-11-2007 be adopted. The motion carried unanimously Infrastructure nine (9) ayes to zero (0) nays. Projects G-15975 There was presented Mayor and Council Communication No. G-15975 from Amend Article VII, the City Manager recommending that the City Council adopt the amendment to Sidewalk Policy, the Policy for the Installation of Community Facilities, Article VII, Sidewalk Section 5(b), Policy, Section 5(b), Replacement Sidewalks, to permit additional City cost Replacement participation. Sidewalks,to Permit Additional City Cost Participation CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 15 of 35 Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15975 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15976 There was presented Mayor and Council Communication No. G-15976 from Ord. No. 17885-11- the City Manager recommending that the City Council authorize the City 2007 Manager to transfer $16,249,834.00 from the General Fund to the Contract Transfer Fund for Street Maintenance Fund; and adopt an appropriation ordinance increasing FY 2007-2008 Street estimated receipts and appropriations in the Contract Street Maintenance Fund Maintenance in the amount of $16,249,834.00 from available funds for the purpose of Program funding a portion of the Fiscal Year 2007-2008 Street Maintenance Program. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15976 be approved and Appropriation Ordinance No. 17885-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15977 There was presented Mayor and Council Communication No. G-15977 from Pay Relocation and the City Manager recommending that the City Council authorize the additional Moving Expense to payment of relocation and moving expenses to El-Habr Corporation, d/b/a El-Habr Michel's Tiffany Doors, up to $108,975.65, as a displaced business, from 4115 Corporation, d/b/a west Vickery Boulevard in the Vickery Corridor Parcel No. 69-A1 for right- Michel's Tiffany of-way for the Southwest Parkway Project (DOE 3777). Doors for Right-of- Way for Southwest Parkway Project Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15977 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15978 There was presented Mayor and Council Communication No. G-15978 from Ord. No. 17886-11- the City Manager recommending that the City Council accept a donation of 2007 $21,059.00 from the United Riverside Neighborhood Association for Accept Donation for improvements to Louella Bales Baker Park; and adopt an appropriation Improvements to ordinance increasing estimated receipts and appropriations in the Park Louella Bales Baker Improvements Fund in the amount of$21,059.00, upon receipt of donation, for Park the purpose of funding improvements to Louella Bales Baker Park. Donald Marshall Mr. Donald Marshall, 2817 E. 4th Street, representing the United Riverside Neighborhood Association, appeared before Council in support of the donation and presented a check in the amount of$21,059.00 from Dale Resources, LLC, for enhancements to the park. He expressed appreciation to Dale Resources, LLC for the donation and to the Parks and Community Services Department for their assistance with this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 16 of 35 Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15978 be approved and Appropriation Ordinance No. 17886-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15979 adopt an ordinance concerning renewal of the Polytechnic/Wesleyan Ord. No. 17887-11- Neighborhood Empowerment Reinvestment Zone No. 6. Mayor Moncrief 2007 opened the public hearing and asked if there was anyone present desiring to be Renew Polytechnic/ heard. Wesleyan Neighborhood Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Empowerment before Council, gave a staff report, stated that the date in paragraph 3 of the Reinvestment Zone Discussion section of the M&C needed to be amended to reflect No. 6 "November 27, 2007," and called attention to Mayor and Council Communication No. G-15979, as follows: There was presented Mayor and Council Communication No. G-15979 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Polytechnic/Wesleyan area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 6; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 6, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Moss, that the public hearing be closed, Mayor and Council Communication No. G-15979 be approved as amended and Ordinance No. 17887-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15980 authorize appointment and reappointments to the City's Construction and Fire Appoint and Prevention Board of Appeals Places 1, 5, 9, 11 and 13. Mayor Moncrief Reappoint opened the public hearing and asked if there was anyone present desiring to be Construction and heard. Fire Prevention Board of Appeals Places 1, 5,9, 11 and 13 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 17 of 35 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-15980, as follows: There was presented Mayor and Council Communication No. G-15980 from the City Manager recommending that the City Council authorize the City Manager to appoint and reappoint the persons named below to the City's Construction and Fire Prevention Board of Appeals, Places 1, 5, 9, 11 and 13, effective November 27, 2007, and with terms expiring October 1, 2009. Place Name 1: Architect Carl Hawkins 5: General Contractor David Ritz 9: Plumbing Grady Kane 11: Home Builder Robert Madeja 13: Alternate Plumbing Michael Callan 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 Moss, that the public hearing be closed and Mayor and Council Communication No. G-15980 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15981 adopt an ordinance designating property at 6913 Camp Bowie Boulevard as Ord. No. 17888-11- Tax Abatement Reinvestment Zone No. 65, City of Fort Worth, Texas. Mayor 2007 Moncrief opened the public hearing and asked if there was anyone present Designate Property desiring to be heard. as Tax Abatement Reinvestment Zone No. 65 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-15981, as follows: There was presented Mayor and Council Communication No. G-15981 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 65, City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty-Five, City of Fort Worth, Texas"; providing the effective and expiration dates for the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 18 of 35 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. Council Member Davis clarified that this M&C established a Tax Abatement Reinvestment Zone which would allow the opportunity to approve or disapprove a tax abatement agreement for the Sweet Shop which was moving from its current location. 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 Moss, that the public hearing be closed, Mayor and Council Communication No. G-15981 be approved and Ordinance No. 17888-11-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Jordan casting the dissenting vote. G-15982 It appeared that the City Council set today as the date for a public hearing to Ord. No. 17889-11- adopt an ordinance designating Tax Increment Reinvestment Zone No. 13, City 2007 of Fort Worth, Texas (Woodhaven TIF). Mayor Moncrief opened the public Designate Tax hearing and asked if there was anyone present desiring to be heard. Increment Reinvestment Zone Ms. Ossana Hermosillo, Business Development Coordinator, Economic and No. 13 (Woodhaven TIF) Community Development Department, appeared before Council, gave a staff report and stated that a revised ordinance had been distributed to the Council that amended Subsection 1.4 of Section 1. She called attention to Mayor and Council Communication No. G-15982, as follows: There was presented Mayor and Council Communication No. G-15982 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Increment Reinvestment Zone Number 13, City of Fort Worth, Texas (Woodhaven TIF), for tax increment financing purposes; and adopt an ordinance designating a certain contiguous geographic area in the City of Fort Worth as "Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas"'; creating a Board of Directors for the Zone; providing the effective and termination dates for the Zone; establishing a tax increment fund for the Zone; and containing other matters related to the Zone, pursuant to Tax Increment Financing Act, Texas Tax Code, Chapter 311 and contains specific findings of fact in support thereof. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 19 of 35 There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15982 be approved and Ordinance No. 17889-11-2007 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14415 It was the consensus of the City Council that Mayor and Council Convert Parkland Communication No. L-14415, Authorize Conversion of 0.252 Acres of Trinity for Pipeline Park for a Pipeline Easement to Transport Natural Gas and Authorize Execution Easement to of a License Agreement with Texas Midstream Gas Services, be withdrawn Transport Natural from consideration. (Note: This item was replaced with L-14426.) Gas—Withdrawn from Consideration Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14426 authorize the conversion of 0.252 acres of Trinity Park for a pipeline easement Convert Parkland to transport natural gas and authorize execution of a License Agreement with for Pipeline Texas Midstream Gas Services. Mayor Moncrief opened the public hearing Easement to and asked if there was anyone present desiring to be heard. Transport Natural Gas— Continued Mr. Harold Pitchford, Director, Parks and Community Services Department Until Assistant Director, appeared before Council, gave a staff report and called December 11, 2007 attention to Mayor and Council Communication No. L-14426, as follows: There was presented Mayor and Council Communication No. L-14426 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 exist 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, including that the pipeline will cross under the Trinity River from a bore hole located east of Forest Park Boulevard, there will be no compressor stations associated with this pipeline within 600 feet of Trinity Park unless it is east of Forest Park Boulevard and there will be no pipeline surface excavation from in the park for any purpose except for: (i) an event of imminent public danger; or (ii) as required by prudent operating practices as governed by State and Federal guidelines or regulations; or (iii) the license agreement for the easement is amended by the City Council; 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, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 20 of 35 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 in the amount of $24,113.69 in-lieu-of park improvements. Bernie Scheffler Mr. Bernie Scheffler, 2260 5th Avenue, appeared before Council neither in support or opposition of the ordinance. He stated that he was encouraged that the company had agreed to lay the pipeline with the least impact to the park; however, he asked that the Council to ensure that the pipeline was placed deep enough to not impact the surface or trees. He added that he felt the City had a much greater vested interest in making improvements to park than the company laying the pipeline and stated he would like to the City to encourage the pipeline company to pay the lump sum for park improvements rather than make the improvements themselves. He pointed out that he thought Trinity Park was old enough to legally be designated an historic resource under the City's Historic Preservation Ordinance and stated that he would like the City to begin to consider designating the park as "highly significant endangered property" so that the park would be here for the future generations of Fort Worth. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in opposition of the ordinance. He expressed appreciation to Council Member Davis and the Park Advisory Board for their work on this issue. He advised that the gas company made a presentation at the Park Advisory Board relative to their plans to protect the park. He pointed out that all the protections offered by the gas company needed to made part of the agreement. He referred to licensing the company to construct improvements in the park and stated that he would like the licensing done with the consent of the City Council and after consideration by the Parks Advisory Board. He further stated that the M&C and agreement needed to be made available a week prior to the meeting for review by the public for their understanding. Mayor Moncrief stated that the Council and City staff was very transparent about the way business was done in the City. He added that the City did not operate in an environment of secrecy and that the public process was part of what the City tried to do with all business conducted within the City. Council Member Davis stated that she would continue this item for two weeks as she thought some language on the M&C needed to be clarified and that she had also received a communication from Dick Ruddell of The "T". She stated that after meeting with her, The "T" had met with Chesapeake and the gas line CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 21 of 35 company and asked for a specific agreement that would provide The "T" access across that pipeline. She added that the pipeline company was not willing to give The "T" the information with regard to the exact location of the pipeline, which was something she expected before the Council approved the M&C. She pointed out that this potential conflict with the City's future rail was so crucially important that if operations were not being done with full information and disclosure and communication with each party, there may be potential for harm in the future. She also emphasized that the inability to receive that information strongly argued for the City's need to adopt a pipeline agreement. She added the agreement should be similar to that presented by Assistant City Attorney Sarah Fullenwider at a previous meeting, adopted by other cities in the State of Texas that would require pipeline companies to disclose the location of the pipelines they were placing in the ground. She advised that if the City did not have this information at its disposal, the City was operating at an extreme disadvantage in terms of future planning. 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-14426 be continued until the December 11, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief advised that Council Member Silcox had requested the Mayor and Council Communication No. C-22547 be heard at this time as he had to leave the meeting early. C-22547 There was presented Mayor and Council Communication No. C-22547 from the Village at Camp City Manager recommending that the City Council authorize the City Manager Bowie I,LP— to execute an Economic Development Program Agreement with Village at Continued Until Camp Bowie I, LP, subject to subsequent, non-material changes agreed to by December 4, 2007 the parties, related to a mixed-use project to be constructed in the vicinity of Waverly Way and Westridge Avenue; and find that the terms and conditions of the agreement constitute a custom-designed economic development program, as recommended by the 2007 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. David Burgher Mr. David Burgher, 6115 Camp Bowie, appeared before Council in support of this issue. He summarized the project and efforts to develop a 380 Agreement with the City. He stated that the company wanted to move forward with the project with the addition of retail and residential buildings to the vacant property in the back. He added that the development would be an advantage for everyone. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 22 of 35 Phillip Poole Mr. Phillip Poole, 2918 Wingate, appeared before Council in support of this issue. He stated that the project had all the major components needed for a true urban village with a library, grocery store, drug store and all the shopping and other support systems anyone needed to live within a compact area. He added that the project would have a tremendous economic impact to the City. Brandy O'Quinn Ms. Brandy, O'Quinn, 6100 Camp Bowie, President, Camp Bowie District, appeared before Council in support of this issue. She summarized the efforts to revitalize Camp Bowie over an eight-year period and added that over eight years commercial property values had increased 87 percent, which she attributed to the ripple affect created by the Village at Camp Bowie. She expressed appreciation to the Village at Camp Bowie for the efforts to revitalize the area. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22547 be continued until the December 4, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox left his place at the dais and left the meeting.) PZ-2757 There was presented Mayor and Council Communication No. PZ-2757 from the City Initiated Full City Manager recommending that the City Council institute and consider the Purpose Annexation adoption of an ordinance declaring certain findings; providing for the extension (AX-07-003,R.R. of certain boundary limits of the City of Fort Worth; providing for the Ramey Survey) - annexation of an approximately 40.4 acre tract of land situated in the R.R. Action on Ramey Survey, Abstract No. 1341, situated about 9.2 miles south 82 degrees Ordinance Delayed Until east of the courthouse, Tarrant County, Texas, located south of Meadowbrook December 4, 2007 Drive and west of Dottie Lynn Parkway (Case No. AX-07-003), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Art Brender Mr. Art Brender, 4121 Hampshire, an attorney representing Jake Cook, appeared before Council in opposition of the annexation of the property owned entirely by the Cook Estate. He stated that there was no development on this land and that it was a virtual river bottom. He advised of the gas well located on the property and inferred that this may be the City's interest for annexing the property. He added that his client was in a very crucial negotiation for the sale of the 40 acres of property and requested the Council delay action on this annexation for six months to allow for the negotiation to be completed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 23 of 35 Council Member Moss stated that he appreciated Mr. Brender's concern; however, it was in the best interest of the City to annex the property at this time. He made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. PZ-2757 be adopted. Mr. Brender provided a letter from his client, Mr. Jake Cook, quoted as follows: "Members of Fort Worth City Council: If and/or when the property (the subject of this annexation) is sold, Cook will have a restriction in the deed, providing that no injection will be placed on the property conveyed, so long as the City of Fort Worth has a moratorium on allowing such injection well to be drilled. (I am willing to give written assurance of this.) By agreeing to this any annexation should be halted, unless or until the property is sold and can then be taken in by the City, as has been the procedure in the past. When I sold parcels of land before, they were annexed after each such sale." Council Member Davis asked Mr. Brender what impact the annexation would have on this client. Mr. Brender stated that it was because of the nature of the negotiation over the sale at this point. He added that everyone was aware that the property would be annexed at some point. He pointed out that there was also litigation in process with the current lease holder in which the estate was trying to remove the lease holder for lack of performance and was set to go to court in May 2008. Mayor Pro tem Hicks questioned why there was such a hurry to annex this property. Ms. Allison Gray, Senior Planner, Planning and Development Department, stated that the annexation was part of the 2008 Comprehensive Plan to provide more efficient City services throughout the City. After further discussion, Council Member Davis withdrew her second and Council Member Moss withdrew his motion. Council Member Moss made a motion to close the public hearing and institute annexation by February 5, 2008. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 24 of 35 Ms. Gray clarified that because of state law and the timing of the public hearings conducted by the City in October and November, the annexation had to be at least instituted or the entire process would have to be started over again. She added that once initiated, the City would have to adopt the ordinance within 90 days. She pointed out that because of the blackout dates created by elections in May 2008, the City would have to adopt the annexation ordinance prior to February 5, 2008. Council Member Davis stated that she would second the motion if it included that the annexation would not go forward until the week prior to February 5, 2008. She clarified that this would preserve the opportunity to annex in a timely manner while providing the opportunity leave the time period for negotiations open. Ms. Gray stated that it would be acceptable to limit the timeframe to the end of January for action. Council Member Moss stated that he was not comfortable with that inclusion. Ms. Gray explained that the City had to institute the annexation today and then adopt the ordinance within the 90 days, prior to February 5, 2008. She reiterated that because of the blackout dates created by the May 2008 election, if the annexation was not instituted today, the property could not be annexed until June 2008. City Attorney Yett stated that the annexation could be instituted today with the adoption of the ordinance taking place next week or it could be further continued if needed. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2757 be approved and Council delay action on the ordinance to annex the property until the December 4, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2758 There was presented Mayor and Council Communication No. PZ-2758 from the Institute Full City Manager recommending that the City Council institute the annexation of Purpose Annexation approximately 27.8 acres of land in Tarrant County, Texas, located south of (AX-07-004,6900 W.J. Boaz Road and east of Boat Club Road, and defer the consideration of the Block of Boat Club annexation ordinance until December 11, 2007 (AX-07-004, 6900 block of Road) Boat Club Road). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 25 of 35 Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2758 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2759 There was presented Mayor and Council Communication No. PZ-2759 from the Ord. No. 17890-11- City Manager recommending that the City Council institute and consider the 2007 adoption of an ordinance declaring certain findings; providing for the extension City Initiated Full of certain boundary limits of the City of Fort Worth; providing for the Purpose Annexation annexation of an approximately 19.9 acre tract of land situated in the Jose Gill (AX-07-007, Survey, Abstract No. 568, situated about 10.3 miles south 5 degrees west of the Crowley ISD) courthouse, south of North Crowley Cleburne Road and west of Crowley Road in Tarrant County, Texas (Case No. AX-07-007), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2759 be approved and Ordinance No. 17890-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2760 There was presented Mayor and Council Communication No. PZ-2760 from the Res. No. 3557-11- City Manager recommending that the City Council approve the resolution 2007 amending the City of Fort Worth's annexation plan to add an approximately Amend Annexation 304 acre tract of land, or 0.475 square miles, out of the J. Billingsley Survey, Plan to Add 304 Abstract No. 70; the J.R. Knight Survey, Abstract No. 902; and the J. Edmonds Acre Tract of Land Survey, Abstract No. 457, Tarrant County, Texas, located east of North Beach Located East of North Beach Street Street and south of Keller Hicks Road to the plan. and South of Keller Hicks Road Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2760 be approved and Resolution No. 3557-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 26 of 35 PZ-2761 There was presented Mayor and Council Communication No. PZ-2761 from the Res. No. 3558-11- City Manager recommending that the City Council approve the resolution 2007 amending the City of Fort Worth's annexation plan to add an approximately Amend Annexation 489 acre tract of land, or 0.747 square miles, out of the F. Cuella Survey, A- Plan to Add 489 266; the W. McCowen Survey, A-999; the J.H. Eastman Survey, A-501; the H. Acre Tract of Land Davidson Survey, A-437; and the J. Billingsley Survey, A-70, Tarrant County, Located East of Texas, located east of Old Denton Road and north of Golden Triangle Denton Road and North of Golden Boulevard to the plan. Triangle Boulevard Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2761 be approved and Resolution No. 3558-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2762 There was presented Mayor and Council Communication No. PZ-2762 from the Ord. No. 17891-11- City Manager recommending that the City Council adopt an ordinance vacating 2007 and extinguishing a portion of the excess right-of-way along West Leuda Excess Right-of- Avenue, located between Travis Avenue and Lipscomb Street, adjacent to Lot Way Vacation 61 Block 10, College Hill Addition, an addition to the City of Fort Worth, (VA-02-012) 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 Jordan, that Mayor and Council Communication No. PZ-2762 be approved and Ordinance No. 17891-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2763 There was presented Mayor and Council Communication No. PZ-2763 from the Ord. No. 17892-11- City Manager recommending that the City Council adopt an ordinance vacating 2007 and extinguishing a portion of the excess right-of-way along Old Hemphill Excess Right-of- Road located in Block 1, Southside Twin Addition, a subdivision in the City of Way Vacation Fort Worth, Tarrant County, Texas; and waive any and all purchase fee value of (VA-07-008) the vacated land in accordance with City policy (M&C G-15624). Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. PZ-2763 be approved and Ordinance No. 17892-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 27 of 35 PZ-2764 There was presented Mayor and Council Communication No. PZ-2764 from the Alley Vacation City Manager recommending that the City Council adopt an ordinance vacating (VA-07-015)— and extinguishing a portion of an alley, consisting of 7,500 square feet of land Continued Until from the south right-of-way line of Northeast 37th Street to the northern December 4, 2007 property lines of Lots 11 and 14, Block 23, Fostepco Heights Addition, an addition in 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). Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2764 be continued until the December 4, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22519 There was presented Mayor and Council Communication No. C-22519 from the Arts Council of Fort City Manager recommending that the City Council authorize the City Manager Worth and Tarrant to execute a contract in the amount of $630,484.00 with the Arts Council of County Fort Worth and Tarrant County for their promotion of artistic and cultural activities. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22519 be approved with the conditions that all the organizations who receive funding from the Arts Council go through non-profit training with the Fort Worth Chapter of Texas Society of CPAs has set up; that the Council receive an annual report about the diversity of the Arts Council Board as well as the boards of all organizations that receive Arts Council funding and a report on the outreach efforts towards minority populations, minority art enterprises and efforts to expand art programming in traditionally underserved areas. Mayor Pro tem Hicks reiterated Council Member Espino's comments. She added that she did not want to wait until the next budget cycle to receive this report; that she wanted it as soon as possible. Council Member Moss stated that he shared the same concerns as Mayor Pro tem Hicks and pointed out that no organizations in his District received these funds. He stated that it was fine to outreach and go into schools, but as it related to African American organizations receiving funds from the Arts Council, there was maybe one at this time which was not acceptable. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 28 of 35 C-22521 There was presented Mayor and Council Communication No. C-22521 from the Barnett Gathering, City Manager recommending that the City Council authorize the City Manager LP— Continued to execute a Public Right-of-Way Use Agreement with Barnett Gathering, LP, Until (Barnett Gathering) that grants Barnett Gathering a license to use a certain December 11, 2007 public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Oak Grove Road. Mayor Pro tem Hicks referred to Mayor and Council Communication Nos. C- 22521, C-22522 and C-22523 and stated that she had asked City staff not place these issues on the Consent Agenda for the District she represented. She added that the maps were not clear to her and that she continued to receive complaints from residents in her District about these pipelines right next to their property. She requested that the company meet with the neighborhoods to provide residents with needed information. She also requested that the company and City staff meet with her to explain the maps. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication Nos. C-22521, C-22522 and C-22523 be continued until the December 11, 2007, Council meeting. C-22522 M&C C-22522 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, LLC— Midstream Gas Services) that grants Texas Midstream Gas Services a license to Continued Until use a certain public right-of-way of the City of Fort Worth for the purpose of December 11, 2007 constructing, maintaining and operating a natural gas pipeline across Seminary Drive. C-22523 M&C C-22523 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, LLC— Midstream Gas Services) that grants Texas Midstream Gas Services a license to Continued Until use certain public rights-of-way of the City of Fort Worth for the purpose of December 11, 2007 constructing, maintaining and operating a natural gas pipeline across C.A. Roberson Boulevard and Seminary Drive. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 29 of 35 C-22546 There was presented Mayor and Council Communication No. C-22546 from the Ord. No. 17893-11- City Manager recommending that the City Council authorize the City Manager 2007 to accept from the Texas Governor's Division of Emergency Management the Accept Grant to FY 2007 Homeland Security Grant Program Funds; and adopt an appropriation Enhance Capability ordinance increasing estimated receipts and appropriations in the Grants Fund to Prevent, Respond in the amount of $4,457,265.00, subject to receipt of the Homeland Security to and Recover from Acts of Terrorism Grant from the State of Texas Governor's Division of Emergency Management, and Natural for the purpose of enhancing the capability to prevent, respond to and recover Disasters from acts of terrorism and natural disasters. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22546 be approved and Appropriation Ordinance No. 17893-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22548 There was presented Mayor and Council Communication No. C-22548 from the Rescind Contract City Manager recommending that the City Council rescind authorization to with PAEE contract with PAEE Engineering Company; and authorize the City Manager to Engineering execute a contract with PAEE Corporation in the amount of$1,149,605.00 for Company and 130 working days for HMAC Surface Overlay 2007-7 at various locations (City Execute Contract Project No. 00749). with PAEE Corporation Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22548 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22549 There was presented Mayor and Council Communication No. C-22549 from the Ord. No. 17894-11- City Manager recommending that the City Council authorize the transfer of 2007 $545,792.73 from the Water and Sewer Operating Fund to the Water Capital McClendon Projects Fund in the amount of$270,193.50, and Sewer Capital Projects Fund Construction in the amount of $275,599.23; adopt an appropriation ordinance increasing Company, Inc. estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$270,193.50, and the Sewer Capital Projects Fund in the amount of $275,599.23 from available funds, for the purpose of executing a contract with McClendon Construction Company, Inc., for pavement reconstruction and water and sanitary sewer main replacement on portions of Blackmore Avenue and Kilpatrick Avenue (City Project No. 00292); and authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $1,271,631.55, for pavement reconstruction and water and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 30 of 35 sanitary sewer main replacement on Blackmore Avenue (Provost Street to Hervie Street), Kilpatrick Avenue (Eldridge Street to East Dead End) and Kilpatrick Avenue (Hervie Street to Bourine Street). Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22549 be approved and Appropriation Ordinance No. 17894-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22550 There was presented Mayor and Council Communication No. C-22550 from the Ord. No. 17895-11- City Manager recommending that the City Council authorize the City Manager 2007 to transfer $372,558.26, from the Water and Sewer Operating Fund to the Pipeworks Water Capital Projects Fund in the amount of$234,253.80, and Sewer Capital Construction, Projects Fund in the amount of$138,304.46; adopt an appropriation ordinance L.L.C. increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$234,253.80, and the Sewer Capital Projects Fund in the amount of $138,304.46, from available funds, for the purpose of executing a contract with Pipeworks Construction, L.L.C., for pavement reconstruction and water and sanitary sewer replacement on Pamela Drive from Wycliff Street to Mary's Creek Drive and Penrose Avenue from Wycliff Street to West Vickery Boulevard (City Project No. 00290); and authorize the City Manager to execute a contract with Pipeworks Construction, L.L.C., in the amount of $1,018,804.00, for pavement reconstruction and water and sanitary sewer replacement on Pamela Drive (Wycliff Street to Mary's Creek Drive) and Penrose Avenue (Wycliff Street to West Vickery Boulevard). Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22550 be approved and Appropriation Ordinance No. 17895-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22551 There was presented Mayor and Council Communication No. C-22551 from the Ord. No. 17896-11- City Manager recommending that the City Council authorize the City Manager 2007 to execute a contract with Texas United Excavators, L.L.C., in the amount of Texas United $1,031,500.00, for Water and Sanitary Sewer Replacement on Pershing Excavators, L.L.C. Avenue, Lafayette Avenue, North University Avenue and Forest Park Street; authorize the City Manager to transfer $1,165,882.55 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $906,608.00 and Sewer Capital Projects Fund in the amount of $259,274.55; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 31 of 35 and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$906,608.00 and the Sewer Capital Projects Fund in the amount of $259,274.55 from available funds, for the purpose of executing a contract with Texas United Excavators, L.L.C., for water and sanitary sewer replacement on Pershing Avenue, Lafayette Avenue, North University and Forest Park Street (City Project No. 00458). Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22551 be approved and Appropriation Ordinance No. 17896-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22552 There was presented Mayor and Council Communication No. C-22552 from the Second Amendment City Manager recommending that the City Council authorize the City Manager to CSC No. 35260- to execute the Second Amendment to the Brownfields Cleanup Revolving Loan BLG Northside Fund Agreement with BLG Northside Development, L.P., City Secretary Development, L.P. Contract No. 35260, for the environmental cleanup of approximately 33 acres located at 600 North Jones Street to allow for a revised clean up plan at the request of the Borrower, BLG. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22552 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22553 There was presented Mayor and Council Communication No. C-22553 from the Ord. No. 17897-11- City Manager recommending that the City Council authorize the City Manager 2007 to execute a contract with Cole Construction, Inc., in the amount of Cole Construction, $570,522.70 for Soccer Field Improvements and Parking Expansion at Gateway Inc. Park; authorize the transfer of$453,557.65 from Gas Well Bonus Revenue for Gateway Park to the Park Gas Lease Project Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $453,557.65 from Gas Well Bonus Revenues for the purpose of executing a contract with Cole Construction, Inc., for Soccer Field Improvements and Parking Expansion at Gateway Park. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22553 be approved and Appropriation Ordinance No. 17897-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 32 of 35 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on November 6, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-154A There was presented Zoning Docket No. ZC-07-154A, application of Charles Approved N. Furlich for a change in zoning of property located at 3413 Lawnwood Street from "J" Medium Industrial to "PD/J" Planned Development for all uses in "J" Medium Industrial, with waivers to all development requirements when adjacent to a single family district and with waiver of site plan recommended. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-154A, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. (Council Member Espino left is place at the dais.) ZC-07-155 It appeared that the City Council, at its meeting of November 6, 2007, Approved continued the hearing of the application of Crockett Realty, L.P., for a change in zoning of property located at 303 and 307 Crump Street from "J" Medium Industrial and "J/HSE" Medium Industrial/Highly Significant Endangered Historic Overlay to "H" Central Business and "H/HSE" Central Business/Highly Significant Endangered Historic Overlay, Zoning Docket No. ZC-07-155. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Davis requested that Mr. Phillip Poole provide a short history of various aspects of this zoning case. Phillip Poole Mr. Phillip Poole, 2918 Wingate, representing the applicant explained the development of the structure and his work with the City and representatives from Morning Chapel. He stated that the four residential units would have eight parking spaces located within garages as well as four visitor parking spaces on site and that the building would be used solely for residential purposes although it was zoned for other uses. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 33 of 35 Council Member Davis reminded the Council that prior to this application coming forward to the Council, there was an application for demolition of this historic structure and it had no protection in place that would have prevented that demolition. She added that this was an opportunity to protect that structure and expressed appreciation to everyone involved in this zoning case. There being no one else 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 closed and that Zoning Docket No. ZC-07-155 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17898-11-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. Agenda Item XVI Mayor Moncrief acknowledged Mr. Joe Don Brandon, 1415 East Lancaster, as Citizen desiring to address the Council relative to Jack Brown's Labor Hall; however, Presentations Mr. Brandon was not present in the Council Chamber. Joe Don Brandon CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 34 of 35 (Council Member Espino returned to his place at the dais.) Reconvened The City Council reconvened into the Pre-Council session at 11:56 a.m. in order to complete the following items: 9. Continuation of Discussion on the 2008 Bond Program 10. City Council Requests for Future Agenda Items and/or Reports Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:20 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) The Estate of Javen Navarro, et al., v. Christopher Fearneyhough and City of Fort Worth, Cause No. 17-221693-06; b) Faye Anna Mitchell, et al., v. FW Sports Authority, Inc., and City of Fort Worth, Cause No. ED-2007-00232; c) City of Fort Worth v. Betty Rosen Weil and Sam Rosen, City of Fort Worth, Fort Worth Independent School District and Tarrant County, Cause No. 2005-033399-2; d) Legal issues related to the Lease Agreement to operate the Southeast Landfill with Allied Waste Systems, Inc.; e) Legal issues involving the Employees' Retirement Fund; f) Legal issues involved in the demolition of an office building at 5901 Boca Raton Boulevard; g) Legal issues concerning Neighborhood Empowerment Zone Tax Abatements; h) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 27, 2007 PAGE 35 of 35 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 1:20 p.m. Agenda Item XVIII There being no further business, the meeting was adjourned at 1:20 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 4t" day of December, 2007. Attest: Approved: 4oiefMarty He rix Michael J. City Secretary Mayor