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Home My WebLink About2006/06/20-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 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 Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Absent Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:10 a.m. on Tuesday, June 20, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Reverend David M. Fergeson, River Oaks United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of June 13, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V There were no special presentations. Special Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 2 of 34 Agenda Item VI Council Member Burdette announced that June 27, 2006, was National HIV Announcements Testing Day which was an awareness day for mobile voluntary counseling and testing and stated that there would be various locations within the City where volunteers would conduct testing. He added that in the Como area, the testing would be conducted at LWJ Barbeque. He also announced that the Fort Worth Museum of Science and History would be constructing a new building at its present location; however, operations would continue during construction including the Museum School which would operate through portable buildings located on the parking lot south of the present building. Council Member Espino expressed appreciation to the Far Greater North Side Historical Neighborhood Association for hosting a very successful Juneteenth celebration on June 17, 2006. He also expressed appreciation to the Mexican- American College Education fund for awarding over 15 scholarships to young Mexican-American students to pursue their dreams. Council Member Scarth announced that several communities would be conducting Independence Day festivities on July 4, 2006. He stated that the Eastern Hills Homeowner's Association and Woodhaven Homeowner's Association were having celebrations, and Carter-Riverside was having a parade at 10:00 a.m. Council Member Wheatfall announced that the Metropolitan Black Chamber of Commerce would host its 26th Annual Awards Luncheon on June 22, 2006, at noon at the Will Rogers Coliseum. He added that the National Forum of Black Public Administrators Annual Scholarship Awards banquet would be held on June 23, 2006, at the Community Arts Center and invited everyone to attend these events. He expressed appreciation to the sponsors of the Juneteenth celebration held in District 8 and where he was a guest of District 8 and where there were wonderful celebrations at Hillside Park and at the Evans & Rosedale Plaza. Mayor Pro tem Hicks expressed appreciation to everyone who came out to celebrate Juneteenth at Hillside Park on Evans Avenue and stated that one thing that was really special about the celebration was that a lot of unsung heroes and sheroes were honored by the Southside Reunion Committee. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15240 and G-15241 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 3 of 34 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15240 and G-15241 be continued until the July 11, 2006, Council meeting. Withdrawn By Staff City Attorney Yett requested that Mayor and Council Communication No. G- 15249 be withdrawn. Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted eight (8) ayes to zero (0) nays, with Council Member Davis absent, to approve and adopt all items on the Consent Agenda as recommended and amended as follows: OCS-1561 M&C OCS-1561 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15237 M&C G-15237 — Adopting Resolution No. 3367-06-2006 ratifying efforts of Res. No. 3367-06- the Cities Aggregation Power Project, Inc., (CAPP) to secure a long-term 2006 source of electricity for base-load electricity requirements generated by Secure Long-Term resources other than natural gas for a period not to exceed 25 years; consenting Source of to the proposed financing structure for the long-term capacity contract that has Electricity for been approved by the Public Finance Division of the Texas Attorney General's Base-Load Office; and endorsing the CAPP Board of Director committing to contract for Electricity non-natural gas-fired capacity with the understanding that any such deal will Requirements meet all specific parameters set forth in the resolution. G-15238 M&C G-15238 — Authorizing payment of $50,000.00 to Plaintiff Wanda May Settlement of and $62,500.00 to Plaintiff Laura Allen in settlement of all claims against the Lawsuit Entitled City of Fort Worth in the lawsuit entitled Laura Allen and Wanda May v. City Laura Allen and of Fort Worth, Cause No. 96-210012-05, in the 96th District Court of Tarrant Wanda Way v. County, Texas, with all appropriate releases and indemnifications; authorizing City of Fort payment of court costs in an amount not to exceed $500.00; and authorizing the Worth, Cause No. appropriate City representatives to execute the documents necessary to 96-210012-05 complete the settlement. G-15239 M&C G-15239 — Authorizing the City Manager to retain the law firm of Res. No. 3368-06- Whitaker, Chalk, Swindle & Sawyer, LLP. (Whitaker Chalk), as outside 2006 counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Employ Law Firm Attorney in various matters concerning Water Department and the of Whitaker, Transportation and Public Works Department contracts and to represent the Chalk, Swindle & City in litigation, if necessary, concerning street failures; and adopting Sawyer, LLP Resolution No. 3368-06-2006 fixing in advance, as far as practicable, the amount to be paid to Whitaker Chalk in an amount not to exceed $50,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 4 of 34 G-15242 M&C G-15242 - Adopting Resolution No. 3369-06-2006 in support of land use Res. No. 3369-06- and project timing for the Sierra Vista Transit Plaza Sustainable Development 2006 project (Project) and authorizing the City Manager to execute an interlocal Interlocal agreement with North Central Texas Council of Governments (NCTCOG) for Agreement with the Project. NCTCOG and Land Use and Project Timing for Sierra Vista Transit Plaza Sustainable Development Project G-15243 M&C C-15243 - Adopting Resolution No. 3370-06-2006 authorizing the City Res. No. 3370-06- Manager to execute an interlocal agreement with the North Central Texas 2006 Council of Governments (NCTCOG) for receipt and use of Sustainable Ord. No. 16997- Development Project Grant funds for the Trinity Bluff Streetscape project 06-2006 (Project); authorizing the City Manager to accept Sustainable Development Interlocal funds in the amount of $1,050,900.00 from NCTCOG; accepting funds from Agreement with Trinity Bluff Development, Ltd., in the amount of $262,725.00 for the local NCTCOG and match; authorizing execution of an Enhanced Community Facilities Agreement Accept Funds with Trinity Bluff Development, Ltd.; adopting Appropriation Ordinance No. from Trinity Bluff 16997-06-2006 increasing estimated receipts and appropriations in the Grants Development, Fund in the amount of $1,313,625.00 from available funds, for the purpose of Ltd., for Trinity funding the Trinity Bluff Streetscape Sustainable Development project; and Bluff Streetscape authorizing payment of$262,725.00 to NCTCOG in lieu of administrative fees, Sustainable with the understanding that these funds will be reimbursed in full upon Project Development completion. Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 5 of 34 G-15244 M&C G-15244 - Adopting Resolution No. 3371-06-2006 authorizing the City Res. No. 3371-06- Manager to execute an interlocal agreement with the North Central Texas 2006 Council of Governments (NCTCOG) for receipt and use of Sustainable Ord. No. 16998- Development Project Grant funds for the West Berry Street Development 06-2006 project (Project) (West Berry Street from University Drive to Waits Avenue); Interlocal authorizing the City Manager to accept Sustainable Development funds in the Agreement with amount of $2,400,000.00 from NCTCOG; authorizing acceptance of funds NCTCOG and from Phoenix Property, Inc., in the amount of $95,430.00 towards the local Accept Funds match, authorize the execution of a Memorandum of Understanding or an from NCTCOG, Enhanced Community Facilities Agreement with Texas Christian University TCU and Phoenix (TCU) as appropriate and accept funds from TCU in the amount of$199,470.00 Property, Inc., for towards the local match; authorizing the transfer of$305,100.00 from the New West Berry Street- Development Fund to the Grants Fund to use as matching funds for the Project; Grand Marc Adopting Appropriation Ordinance No. 16998-06-2006 increasing estimated Sustainable receipts and appropriations in the Grants Fund in the amount of$3,000,000.00 Development from available funds, for the purpose of funding the West Berry Street-Grand Project Marc Sustainable Development Project; authorizing a non-interest bearing loan from the General Fund in the amount of $600,000.00 to the Grants Fund; and authorizing payment of$600,000.00 to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed in full upon Project completion. G-15245 M&C G-15245 — Adopting Resolution No. 3372-06-2006 authorizing the City Res. No. 3372-06- Manager to execute an interlocal agreement with the North Central Texas 2006 Council of Governments (NCTCOG) for receipt and use of Sustainable Ord. No. 16999- Development Project Grant Funds for the West Rosedale Street Retrofit Project 06-2006 (West Rosedale Street from Main Street to Forest Park Boulevard); authorizing Interlocal the City Manager to accept Sustainable Development funds in the amount of Agreement with $300,000.00 from NCTCOG; authorizing the transfer of $75,000.00 from the NCTCOG and Street Improvements Capital Project fund to the Grants Fund for the local Accept Funds match; adopting Appropriation Ordinance No. 16999-06-2006 increasing from NCTCOG estimated receipts and appropriations in the Grants Fund in the amount of for West Rosedale $375,000.00 from available funds, for the purpose of funding the West Street Retrofit Rosedale Street Retrofit Sustainable Development Project; and authorizing Sustainable payment of $75,000.00 to NCTCOG in lieu of administrative fees, with the Development understanding that these funds will be reimbursed in full upon Project Project completion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 6 of 34 G-15246 M&C G-15246 — Adopting Resolution No. 3373-06-2006 authorizing the City Res. No. 3373-06- Manager to execute an interlocal agreement with the North Central Texas 2006 Council of Governments (NCTCOG) for receipt and use of Sustainable Ord. No. 17000- Development Project Grant Funds for the Museum Place Development Project; 06-2006 authorizing the City Manager to accept Sustainable Development funds in the Interlocal amount of $2,400,000.00 from NCTCOG; authorizing acceptance of funds Agreement with from Cultural District Development Initiatives, Inc., in the amount of NCTCOG; Accept $600,000.00 for the local match; authorizing execution of an Enhanced Funds from and Community Facilities Agreement (CFA) with Cultural District Development Execute Enhanced Initiatives, Inc.; adopting Appropriation Ordinance No. 17000-06-2006 CFA with Cultural increasing estimated receipts and appropriations in the Grants Fund in the District amount of $3,000,000.00 from available funds, for the purpose of funding the Development Museum Place Development Sustainable Development Project; and authorizing Initiatives, Inc., payment of $600,000.00 to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed in full upon Project completion. G-15247 M&C G-15247 — Considering and adopting the findings and opinions of the Ord. No. 17001- Hearing Officer as presented; and adopting Ordinance No. 17001-06-2006 to 06-2006 revoke the privilege granted to Hot Wheels Pedicab to use the streets, alleys Revoke Grant of and public thoroughfares of the City of Fort Worth for failure to maintain Privilege Granted conditions necessary to conduct business and render services to the public to Hot Wheels pursuant to Article VI, Chapter 34, of the Code of the City of Fort Worth Pedicab (2003) as amended. G-15248 M&C G-15248 — Considering and adopting the findings and opinions of the Ord. No. 17002- Hearing Officer as presented; and adopting Ordinance No. 17002-06-2006 to 06-2006 revoke the privilege granted to Jet-Taxi, Inc., Limousine and Shuttle to use the Revoke Grant of streets, alleys and public thoroughfares of the City of Fort Worth for failure to Privilege Granted maintain conditions necessary to conduct business and render services to the to Jet-Taxi, Inc. public pursuant to Article VI, Chapter 34, of the Code of the City of Fort Worth Limousine and (2003) as amended. Shuttle P-10403 M&C P-10403 — Authorizing a sole source purchase agreement for software Software maintenance and support with BEA Systems, Inc., for the Water Department, Maintenance and with payment due 30 days from invoice date; and authorizing this agreement to Support begin June 20, 2006, and expire June 19, 2007, with options to renew for three additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 7 of 34 P-10404 M&C P-10404 — Authorizing a sole source purchase for a First Defender-XLS First Defender- handheld Raman Spectrometer for the Police Department for an amount not to XLS Handheld exceed $35,000.00. The delivery and on-site training are included with Raman payment due 30 days from date of invoice. Spectrometer P-10405 M&C P-10405 — Authorizing a purchase agreement for printing and mailing Printing and certified violation notices with Pack N Mail for the Code Compliance Mailing Certified Department, based on best value, with payment due 30 days after receipt of Violation Notices invoice; authorizing this agreement to begin June 20, 2006, and expire June 19, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participated in the bid award in accordance with the Texas Local Code, Chapter 271.102, "Cooperative Purchasing." P-10406 M&C P-10406 — Authorizing a purchase agreement for playground wood fibar Playground Wood carpet with GWG Wood Group, Incorporated, for the Parks and Community Fibar Carpet Services Department; and authorizing this agreement to begin June 20, 2006, and expire June 19, 2007, with options to renew for two additional one-year periods. P-10407 M&C P-10407 — Authorizing the purchase of an automated-chemistry and Automated- distillation system from Westco Scientific Instruments, Inc., for the Water Chemistry and Department, for an amount not to exceed $69,993.25. The delivery, Distillation System installation, and on-site training cost are included with payment due 30 days from the date of invoice. P-10408 M&C P-10408 —Authorizing a sole source purchase of four stainless steel Nash Stainless Steel vacuum pumps from Gardner Denver Nash LLC c/o FloTec for the Water Nash Vacuum Department at a unit price of $16,343.00 each for an amount not to exceed Pumps $65,372.00. Freight is included and payment is due 30 days from the date of invoice. P-10409 M&C P-10409 — Authorizing a purchase agreement for IT Service Manager IT Service software, maintenance, installation and training from Alliance Technology for Manager the Environmental Management and Information Technology Solutions Software, Departments using the State of Texas Building and Procurement catalogue Maintenance, purchasing procedures for an estimated cost of $296,474.00; authorizing the Installation and purchase of yearly software maintenance from Alliance Technology with an Training estimated first year cost of $37,476.00 (included in the above total); and authorizing this agreement to begin June 20, 2006, and expire June 19, 2007, with options to renew for four additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 8 of 34 P-10410 M&C P-10410 — Authorizing a sole source purchase of a Nicolet 6700 Fourier Nicolet 6700 Transform Infrared Optical spectrometer and accessories from Thermo Electron Fourier Corporation for the Police Department, Forensic Division, for an amount not to Transform exceed $47,225.96. The shipping cost is included, with payment due 30 days Infrared Optical from the date of invoice. Specrometer and Accessories L-14204 M&C L-14204 — Authorizing the acquisition of one vacant commercial Acquire Property property described as Block 4, Lots 4132 & 4F 1, Sycamore Heights (821 Beach for Expansion of Street), from Raul A. Najera, in conjunction with the expansion of Gateway Gateway Park Park(DOE 4818); find that the price offered in the amount of$165,000.00, plus an estimated closing cost of $3,000.00, is just compensation; and authorize the acceptance and recording of appropriate instruments. L-14205 M&C L-14205 — Authorizing the transfer of $815,000.00 from the Water and Ord. No. 17003- Sewer Operating Fund to the Water Capital Project Fund; adopting 06-2006 Appropriation Ordinance No. 17003-06-2006 increasing estimated receipts and Fee Simple appropriations in the Water Capital Projects Fund in the amount of$815,000.00 Acquisition for from available funds for the purpose of funding a fee simple acquisition of Northwest Water 34.56 acres of land from Boa Sorte LP, et al., for the construction of the future Treatment Plant Northwest Water Treatment Plant; and approving the fee simple acquisition of 34.56 acres of land from Boa Sorte LP, et al., for a total cost of$800,000.00. PZ-2684 M&C PZ-2684 - Adopting Ordinance No. 17004-06-2006 vacating and Ord. No. 17004- extinguishing a portion of a 16 foot by 150 foot alley, adjacent to Lots 1 06-2006 through 3, and Lots 10 through 12, Block 10 of the Polytechnic Heights Alley Vacation Addition, an addition to the City of Fort Worth, Tarrant County, Texas. (VA-06-001) PZ-2685 M&C PZ-2685 - Adopting Ordinance No. 17005-06-2006 vacating and Ord. No. 17005- extinguishing a 10 foot wide by approximately 138 foot long alley, adjacent to 06-2006 Lots 11 through 13, Block 3 of the Linwood Addition, an addition to the City of Alley Vacation Fort Worth, Texas. (VA-06-007) C-21513 M&C C-21513 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP (Barnett Gathering) that grants Gathering, LP 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 9 of 34 C-21514 M&C C-21514 - Authorizing the City Manager to execute a Public Right-of- Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP (Energy Transfer), that Fuel, LP grants Energy Transfer a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21515 M&C C-21515 - Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University authorizing use of the right-of-way University for installation of electric conduit across West Bowie Street just west of Lubbock Street. C-21516 M&C C-21516 - Authorizing the City Manager to enter into an Interlocal City of Denton, Agreement with the City of Denton, Texas, for the purchase of goods and Texas services. C-21517 M&C C-21517 - Authorizing the City Manager to execute an agreement Tarrant County between the Tarrant County Tax Assessor-Collector and the City of Fort Worth Tax Assessor- for providing collection services of the Fort Worth Public Improvement Collector Districts Assessments levied by the City for the 2006-2007 Tax Year covering the period October 1, 2006, to September 30, 2007. C-21518 M&C C-21518 - Authorizing the City Manager to execute an agreement Tarrant County between the Tarrant County Tax Assessor-Collector and the City of Fort Worth Tax Assessor- for providing assessment and collection services of ad valorem taxes levied by Collector the City for the 2006 Tax Year (FY 2007) covering the period October 1, 2006, to September 30, 2007. C-21519 M&C C-21519 - Adopting Appropriation Ordinance No. 17006-06-2006 Ord. No. 17006- increasing estimated receipts and appropriations in the Capital Projects Reserve 06-2006 Fund in the amount of $129,360.00 from available funds for the purpose of Ord. No. 17007- funding a transfer to the Specially Funded Capital Projects Fund to execute a 06-2006 contract with Carter & Burgess, Inc., for architectural services related to the Carter & Burgess, development of a facilities master plan, City Hall evaluation, and detailed needs Inc. assessments of the Fire and Police Training Facility and the Police Administration Building; authorizing the transfer of $129,360.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; authorizing the transfer of$163,350.00 from the General Fund to the Specially Funded Capital Projects Fund; adopting Appropriation Ordinance No. 17007- 06-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $292,710.00 from available funds for the purpose of funding a contract with Carter & Burgess, Inc., for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 10 of 34 architectural services related to the development of a facilities master plan, City Hall evaluation, and detailed needs assessments of the Fire and Police Training Facility and the Police Administration Building; and authorizing the execution of a contract with Carter & Burgess, Inc., with Carter & Burgess, Inc., in the amount of$292,710.00 for architectural services related to the development of a facilities master plan, City Hall evaluation, and detailed needs assessments of the Fire and Police Training Facility and the Police Administration Building. C-21520 M&C C-21520 - Authorizing the transfer of $19,227.00 from the Water & Ord. No. 17008- Sewer Operating Fund to the Capital Projects Fund; adopting Appropriation 06-2006 Ordinance No. 17008-06-2006 increasing estimated receipts and appropriations Tarrant County in the Water Capital Projects Fund in the amount of$19,227.00 from available funds for the purpose of funding an Interlocal Agreement with Tarrant County for the rehabilitation of the roadways on portions of Old Denton Road and Katy Road in Fort Worth and Tarrant County; and authorizing the City Manager to execute an Interlocal Agreement with Tarrant County for the rehabilitation of the following roadways: a) Old Denton Road, from 400 feet north of SH 170 to Westport Parkway; b) Old Denton Road, from 1,400 feet north of Westport Parkway for a distance of 1,900 linear feet; and c) Katy Road, from Golden Triangle Boulevard to Keller Hicks in Fort Worth and Tarrant County, Precinct No. 3, for a total cost to the City not to exceed $70,197.00. C-21521 M&C C-21521 - Authorizing the City Manager to transfer $432,099.00 from Ord. No. 17009- the Water and Sewer Operating Fund to the Water Capital Projects Fund in the 06-2006 amount of $378,575.00 and the Sewer Capital Projects Fund in the amount of Advanced Paving $53,524.00; adopting Appropriation Ordinance No. 17009-06-2006 increasing Company estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$378,575.00 and in the Sewer Capital Projects Fund in the amount of $53,524.00 from available funds for the purpose of funding a contract with Advanced Paving Company for HMAC Surface Overlay 2006-13 on Hilltop Road, Hammond Street and College Avenue; and authorizing the City Manager to execute a contract with Advanced Paving Company in the amount of $749,263.44 for HMAC Surface Overlay 2006-13 on Hilltop Road, Hammond Street and College Avenue. C-21522 M&C C-21522 - Authorizing the execution of an Underground Pipeline West Fork Easement Agreement with West Fork Pipeline, L.L.C., for a natural gas Pipeline, L.L.C. pipeline across tax-foreclosed property at 1412 East Ripy Street, Weisenberger Sunny Hill Garden, Block 18, Lot 4, in the amount of $2,608.41 for a term of 20 years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 11 of 34 C-21523 M&C C-21523 - Authorizing the execution of an Underground Pipeline West Fork Easement Agreement with West Fork Pipeline, L.L.C., for a natural gas Pipeline, L.L.C. pipeline across City-owned property known as the Berry Street Yard in the amount of$136,918.74 for a term of 20 years. C-21524 M&C C-21524 - Authorizing the City Manager to execute a grant contract with Ord. No. 17010- the National Association of City and County Health Officials for $9,000.00 to 06-2006 be used to develop a pilot program for integrating all-hazards preparedness National training with community-based public health during the period June 1, 2006, to Association of City May 31, 2007; and adopting Appropriation Ordinance No. 17010-06-2006 and County increasing estimated receipts and appropriations in the Grants Fund in the Health Officials amount of $9,000.00, subject to receipt of the integrating public health all- hazards preparedness and public health grant from the National Association of City and County Health Officials, for the purpose of funding the development of the pilot program "Using Integrated Public Health Methods to Identify and Effectively Provide All-Hazards Preparedness Education to Underserved and High Risk Populations". C-21525 M&C C-21525 - Authorizing the City Manager to execute an interlocal Ord. No. 17011- agreement with the Texas Commission on Environmental Quality in the amount 06-2006 of $529,000.00 for the operation of whole air samplers by the City of Fort Texas Commission Worth during 2006-2007; adopting Appropriation Ordinance No. 17011-06- on Environmental 2006 increasing estimated receipts and appropriations in the Grants Fund in the Quality amount of$529,000.00 subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of whole air samplers; and applying indirect cost at the rate of 10.00 percent in accordance with the terms of the interlocal agreement. C-21526 M&C C-21526 - Authorizing the City Manager to enter into a third party Ord. No. 17012- agreement with the Texas Commission on Environmental Quality to receive 06-2006 voluntary Supplemental Environmental Project contributions for a City Texas Commission environmental project with a not to exceed amount of$77,643.00; and adopting on Environmental Appropriation Ordinance No. 17012-06-2006 increasing estimated receipts and Quality appropriations in the Grants Fund in the amount of $77,643.00, subject to receipt of an interlocal agreement from the Texas Commission on Environmental Quality, for the purpose of funding the City's participation in "Free Fair Transit Day" on July 18, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 12 of 34 C-21527 M&C C-21527 - Authorizing the City Manager to execute an amendment to Ord. No. 17013- City Secretary Contract No. 30565 with the Texas Commission on 06-2006 Environmental Quality to operate three continuous air monitoring stations for Amend CSC No. the period September 1, 2006, through August 31, 2007, and increasing the not 30565 - Texas to exceed amount of the contract from $120,000.00 to $180,000.00; and Commission on adopting Appropriation Ordinance No. 17013-06-2006 increasing estimated Environmental receipts and appropriations in the Grants Fund in the amount of $60,000.00 Quality subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of three continuous air monitoring stations. C-21528 M&C C-21528 - Authorizing the City Manager to execute an interlocal Ord. No. 17014- agreement with the Texas Commission on Environmental Quality for the 06-2006 continued operation of local air pollution monitoring sites for the period Texas Commission September 1, 2006, through August 31, 2007; adopting Appropriation on Environmental Ordinance No. 17014-06-2006 increasing estimated receipts and appropriations Quality in the Grants Fund in the amount of $34,000.00 subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of local air pollution monitors at three sites; and applying indirect cost at the most recently approved rate of 21.48 percent for the Environmental Management Department. C-21529 M&C C-21529 - Authorizing the City Manager to execute a lease agreement Federal Aviation with the Federal Aviation Administration to lease the Automated Flight Service Administration Station lease site at Fort Worth Meacham International Airport. C-21530 M&C C-21530 - Authorizing the City Manager to accept a grant in the amount Ord. No. 17015- of $80,000.00 from Workforce Solutions for Tarrant County to reimburse the 06-2006 City for providing transportation services to Katrina guests for employment- Workforce related activities; authorizing the City Manager to enter into a grant agreement Solutions for with Workforce Solutions for Tarrant County; and adopting Appropriation Tarrant County Ordinance No. 17015-06-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $80,000.00 from available funds, for the purpose of funding van pool services to transport former Katrina guests for employment related activities. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 13 of 34 Agenda Item X Council Member Espino made a motion, seconded by Council Member Presentations by Burdette, that Wendy Vann Roach be appointed to Place 2 on the Board of City Council Adjustment — Commercial and Fort Worth Alliance Airport Board of Appointments Adjustment, effective June 20, 2006, with a term expiring October 1, 2008. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that John W. Hughes be appointed to Place 7 on the Board of Adjustment — Commercial and the Fort Worth Alliance Airport Board of Adjustment, effective June 20, 2006, with a term expiring October 1, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. On behalf of Council Member Davis, Council Member Scarth made a motion, seconded by Council Member Wheatfall, that Liz Tindall be appointed to Place 9 on the Board of Adjustment — Commercial and Fort Worth Alliance Airport Board of Adjustment, and that Victoria Powell be appointed to the Board of Adjustment—Residential, effective June 20, 2006, with terms expiring October 1, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Scarth made a motion, seconded by Council Member Wheatfall, that Bill Miller be appointed to Place 4 on the Board of Adjustment — Commercial and the Fort Worth Alliance Airport Board of Adjustment, effective June 20, 2006, with a term expiring October 1, 2008. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There was presented Mayor and Council Communication No. OCS-1562 from Presentations by the Office of the City Secretary recommending that the City Council adopt a the City Secretary resolution setting the regular zoning hearing for July 11, 2006. OCS-1562 Res. No. 3374-06- Council Member Silcox made a motion, seconded by Council Member 2006 Burdette, that Mayor and Council Communication No. OCS-1562 be approved Setting Regular and Resolution No. 3374-06-2006 be adopted. The motion carried Zoning Hearing unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 14 of 34 (Council Member Silcox stepped away from the dais.) Agenda Item XIII It appeared that the City Council set today as the date for a public hearing to Res. No. 3375-06- authorize a concurrent resolution of the cities of Dallas and Fort Worth 2006 approving an agreement between the cities to resolve the Wright Amendment Approve issue. Mayor Moncrief opened the public hearing and asked if there was Agreement anyone present desiring to be heard. Between Cities of Dallas and Fort Deputy City Attorney Marcia Wise appeared before Council, gave a staff report Worth to Resolve and called attention to the basic terms and timeline of the resolution as follows: Wright Amendment Issue There was presented Resolution No. 3375-06-2206 to authorize a concurrent resolution of the cities of Dallas and Fort Worth approving an agreement between the cities to resolve the Wright Amendment issue. BASIC TERMS • Immediately allow airlines serving Dallas Love Field (DLF) to offer through ticketing to destinations within the 50 United States and the District of Columbia. • Eliminate all remaining restrictions on service from DLF after eight years from the enactment of legislation. • Allow international commercial passenger service exclusively at Dallas/Fort Worth International Airport (D/FW). • Reduce number of gates at DLF from 32 to 20 (16 gates to Southwest Airlines, 2 gates to American Airlines, 2 gates to Continental Airlines). • Dallas negotiates voluntary noise curfew at DLF between 11:00 p.m. and 6:00 a.m. • Dallas redevelops DLF within eight years and increases landing fees and/or rental rates. • Cities will jointly oppose efforts to initiate commercial passenger air service at any area airport other than D/FW for eight years. • Cities will ask Congress to enact legislation to implement this agreement. • If Southwest Airlines operates from other airports within an 80 mile radius of Love Field except DLF before 2025, then for every such gate at other airports it will relinquish an equivalent number of gates at DLF up to eight gates. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 15 of 34 • If American Airlines operates from other airports within an 80 mile radius of Love Field except for D/FW and DLF before 2025, then for every such gate it will relinquish an equivalent number of gates at DLF up to one and one-half gates. • If Congress passes legislation that is inconsistent with the Parties' agreement, Southwest Airlines and American Airlines agree to abide by this agreement, or, if pursuant to such legislation, either commences non-stop flights to or from Love Field to a state not currently allowed under the Wright Amendment, they agree to relinquish eight gates and one and one-half gates, respectively. • If Congress does not enact legislation by December 31, 2006, the parties will meet to discuss extending the agreement. TIMELINE • Tuesday, June 20, 2006 — Fort Worth adopts Concurrent Resolution requesting Congress to incorporate proposed local solution in legislation. • Wednesday, June 28, 2006 — Dallas adopts Concurrent Resolution and authorizes execution of a "Contract and Agreement Regarding the Wright Amendment". • Tuesday, July 11, 2006 —Fort Worth authorizes execution of"Contract and Agreement Regarding the Wright Amendment". City Attorney Yett advised the Council that the timeline for the approval of the resolution was very aggressive and a lot of legal work had to be done in that timeframe. He added that there was a basic framework of an agreement, but that it had to be placed in the correct contractual language so that it was a clear and enforceable agreement locally as well as a clear amendment to the federal law. He further stated that staff would work very hard to meet the deadlines and bring the agreement back to the Council on July 11, 2006. Council Members Jordan, Burdette, Espino, Wheatfall, Scarth and Mayor Pro tem Hicks took an opportunity to commend Mayor Moncrief for his leadership and stated that the resolution was a great historic accomplishment. They added that they looked forward to his success presenting this resolution to Congress in Washington, D.C. Mayor Moncrief stated that it was exciting to see this issue as an agenda item and to be part of this history with a united City Council. He expressed appreciation to the Council and staff for their hard work and support and stated that he would urge the Congress not to delay action on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 16 of 34 There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Espino, that Resolution No. 3375-06-2006 be adopted with appreciation to Mayor Moncrief and Dallas Mayor Laura Miller. The motion carried seven (7) ayes to zero (0) nays, with Council Members Silcox and Davis absent. (Council Member Silcox returned to his chair at the dais.) AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15240 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15240, Adopt Resolution Authorizing an Interlocal July 11, 2006 Agreement with North Central Texas Council of Governments (NCTCOG) for the Evans and Rosedale Sustainable Development Project, Accept Funds from NCTCOG and Tax Increment Reinvestment Zone Number Four (Southside TIF), Adopt Appropriation Ordinance and Authorize Payment to NCTCOG, be continued until the July 11, 2006, Council meeting. G-15241 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15241, Adopt Resolution Authorizing an Interlocal July 11, 2006 Agreement with North Central Texas Council of Governments (NCTCOG) for the McAdams Building-Six Points Sustainable Development Project, Accept Funds from NCTCOG and Tax Increment Reinvestment Zone Number Four (Southside TIF), Adopt Appropriation Ordinance, Authorize Payment to NCTCOG and Authorize a Memorandum of Understanding with Robert Bell, be continued until the July 11, 2006, Council meeting. G-15249 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15249, Authorization of the Employment of Outside Legal Counsel to Provide Legal Representation to the City of Fort Worth Board of Adjustment in Connection with a Request for an Interpretation of the Zoning Ordinance as it Relates to Drives and Firelanes Serving an Industrial Development as an Allowed Use in Single-Family Zoning, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 17 of 34 G-15250 There was presented Mayor and Council Communication No. G-15250 from Ord. No. 17016- the City Manager recommending that the City Council consider and adopt the 06-2006 findings and opinions of the City staff as presented herein; and adopt an Revoke Grant of ordinance to revoke the privilege granted to All About Town Pedicab to use the Privilege Granted streets, alleys and public thoroughfares of the City of Fort Worth in accordance to All About Town with Article VI, Chapter 34, Sections 220 and failure to pay required fees in Pedicab for Non- compliance with Chapter 34, Section 222 of the Code of the City of Fort Worth Compliance with (2003), as amended. Article VI, Chapter 34, Council Member Wheatfall made a motion, seconded by Council Member Section 34-220 and Espino, that Mayor and Council Communication No. G-15250 be approved and 34-222 of City Ordinance No. 17016-06-2006 be adopted. The motion carried unanimously Code eight(8) ayes to zero (0) nays, with Council Member Davis absent. G-15251 There was presented Mayor and Council Communication No. G-15251 from Authorize Parks the City Manager recommending that the City Council authorize the Parks Design Design Enhancement Catalog for the implementation at sites identified in the Enhancement Long Range Public Art Plan for the 2004 Capital Improvement Program (CIP). Catalog to Implement Sites in Council Member Espino made a motion, seconded by Council Member Long Range Wheatfall, that Mayor and Council Communication No. G-15251 be approved. Public Art Plan The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox for 2004 CIP casting the descending vote and Council Member Davis absent. G-15252 There was presented Mayor and Council Communication No. G-15252 from Ord. No. 17017- the City Manager recommending that the City Council adopt an ordinance 06-2006 adjusting the total number of authorized Civil Service positions in the Police Increase Civil Department; adding one captain position; providing a statement of purpose and Service Position in intent for the adoption and implementation of this ordinance; providing that this Police Department ordinance shall be cumulative; providing a severability clause; providing for engrossment and enrollment of this ordinance. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15252 be approved and Ordinance No. 17017-06-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 18 of 34 G-15253 There was presented Mayor and Council Communication No. G-15253 from Ord. No. 17018- the City Manager recommending that the City Council adopt an ordinance 06-2006 adjusting the total number of authorized Civil Service positions in the Police Increase Civil Department; adding 33 police officer positions, subtracting eight Service Positions corporal/detective positions, and adding eight sergeant positions; providing a in Police statement of purpose and intent for the adoption and implementation of this Department ordinance; providing that this ordinance shall be cumulative; providing a severability clause; providing for engrossment and enrollment of this ordinance. City Manager Boswell stated that the ordinance needed to be amended to change the date of"June 13, 2006" to"June 20, 2006" where ever it appeared. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15253 be approved and Ordinance No. 17018-06-2006 be adopted as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15254 There was presented Mayor and Council Communication No. G-15254 from Ord. No. 17019- the City Manager recommending that the City Council adopt an ordinance 06-2006 denying the rate adjustments proposed by Atmos Energy Corp., Mid-Tex Deny Division, as reflected in the "Annual Gas Reliability Infrastructure Rate Implementation of Adjustment" filed by Atmos Energy Corp., Mid-Tex Division on March 31, Gas Reliability 2006; authorizing the participation in the Atmos Cities Steering Committee and Infrastructure the hiring of consultants and attorneys by such committee in responding to any Program Rate litigation or appeal to the Texas Railroad Commission; approving costs Adjustments Filed incurred by the committee thus far as reasonable and directing that Atmos with City by Energy Corp., Mid-Tex Division reimburse the City for all past and future Atmos Energy reasonable expenses; adopting declarations and findings in the preamble; Corp., Mid-Tex providing for a severability clause; providing for an effective date; and Division directing that certified copies of this ordinance be delivered to Atmos Energy Corp., Mid-Tex Division following its adoption. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15254 be approved and Ordinance No. 17019-06-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 19 of 34 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15255 adopt an ordinance denying Atmos Energy Corporation, Mid-Tex Division's Ord. No. 17020- request to increase rates on a systemwide basis and ordering rates to be charged 06-2006 effective May 31, 2006. Mayor Moncrief opened the public hearing and asked Deny Atmos if there was anyone present desiring to be heard. Energy Corp., Mid-Tex Mr. Danny Reed, Office of Management Services, City Manager's Office, Division's Request appeared before Council, gave a staff report and called attention to Mayor and to Increase Rates Council Communication No. G-15255, as follows: on Systemwide Basis and Order There was presented Mayor and Council Communication No. G-15255 from Rates to be the City Manager recommending that the City Council adopt an ordinance Charged Effective denying Atmos Energy Corp., Mid-Tex Division's statement of intent to change May 31, 2006 rates, as filed by Atmos Energy Corp., Mid-Tex Division on May 31, 2006; adopting declarations and findings related to rates and charges assessed to residential, commercial and industrial customers in the City of Fort Worth by Atmos Energy Corp., Mid-Tex Division; establishing maximum permitted rates and charges that Atmos Energy Corp., Mid-Tex Division may assess residential, commercial and industrial customers in the City of Fort Worth; authorizing the continued participation in the Atmos Cities Steering Committee and the hiring of consultants and attorneys by such committee in responding to any litigation or appeal to the Railroad Commission of Texas; approving costs incurred by the committee thus far as reasonable and directing that Atmos Energy Corp., Mid-Tex Division reimburse the City for all past and future reasonable expenses; merging the ratemaking proceeding initiated by Atmos Energy Corp., Mid-Tex Division's May 31, 2006, statement of intent to change rates with the ratemaking proceeding initiated pursuant to Ordinance No. 16713-11-2005; repealing all provisions and conditions of previous ordinances in direct conflict with the provisions and conditions of this ordinance; providing a severability clause; providing for an effective date; and directing that certified copies of this ordinance be delivered to Atmos Energy Corp., Mid-Tex Division following its adoption. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-15255 be approved and Ordinance No. 17020-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 20 of 34 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15256 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-010, Amend Master to revise the alignments of North Tarrant Parkway and Harmon Road in north Thoroughfare Fort Worth in the area bordered by IH-35W on the east, U.S. 287 on the north, Plan, MT-05-010, F.M. 156 on the west, and Basswood Boulevard on the south and to add a to Revise north/south minor arterial from Bailey Boswell/Harmon to Basswood Alignments of Boulevard. Mayor Moncrief opened the public hearing and asked if there was North Tarrant anyone present desiring to be heard. Parkway and Harmon Road in Mr. Mark Rauscher, Planning and Development Manager, Transportation and Area Bordered by Public Works Department, appeared before Council, gave a staff report and IH-35W on East, called attention to Mayor and Council Communication No. G-15256, as U.S. 287 on North, follows: F.M. 156 on West, and Basswood There was presented Mayor and Council Communication No. G-15256 Boulevard on recommending that the City Council hold a public hearing concerning adoption South and Add of the proposed amendment to the Master Thoroughfare Plan (MTP); and close North/South public hearing and adopt the proposed amendment to the Master Thoroughfare Minor Arterial Plan, MT-05-010, to revise the alignments of the North Tarrant Parkway and from Bailey Harmon Road in the area bordered by IH-35W on the east, U.S. 287 on the Boswell/Harmon north, F.M. 156 on the west and Basswood Boulevard on the south. This MTP to Basswood amendment also includes the addition of a new north/south minor arterial that Boulevard will connect Bailey Boswell/Harmon to Basswood Boulevard. There being no one present in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G- 15256 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. P-10411 There was presented Mayor and Council Communication No. P-10411 New Trucks and recommending that the City Council authorize the purchase of new trucks and Equipment equipment utilizing Houston Galveston Area Council (HGAC), Texas Association of School Boards (TASB) and Texas Building Procurement Commission (TBPC) contracts with ATC Freightliner, RDO Equipment, Continental Equipment and Vermeer Equipment for the newly established Storm Water Utility Fund as listed below for a cost not to exceed $1,283,175.80 with payment due 30 days from the invoice date. Freight is included in the unit price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 21 of 34 Oty. Description Unit Price Extended Total TBPC 070-54, ATC Freightliner 1 ea. High pressure washer/vacuum truck $ 237,156.56 lea. Extended cab & chassis for dump truck $ 88,218.02 6 ea. Cab & chassis for dump trucks $80,679.02 $ 484,074.12 TASB 126-01, RDO Equipment 1 ea. John Deere 710G Backhoe $ 132,276.53 TASB 205-04, Continental Equipment 1 ea. Gradall XL 4200 Track Excavator $ 234,306.65 TASB 171-03, Vermeer Equipment 1 ea. Vermeer BC 1800 XL Brush Chipper $ 37,387.94 HGAC GRO1-06, Vermeer Equipment 1 ea. RC 100 ASV Posi-Track Excavator $ 69,755.98 Total $1,283,175.80 Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10411 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. P-10412 There was presented Mayor and Council Communication No. P-10412 from the Stage Labor City Manager recommending that the City Council authorize a purchase agreement for stage labor with Fort Worth Productions, Inc., for the Public Events Department; ratify payments totaling $53,141.83; and authorize this agreement to begin October 27, 2005, and expire October 26, 2006, with options to renew for two additional one-year periods. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P-10412 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. P-10413 There was presented Mayor and Council Communication No. P-10413 from the Consultant City Manager recommending that the City Council authorize amendment of the Services purchase agreement with IBM Corporation to provide consultant services for the implementation of the Storm Water Utility; and ratify payments for service with IBM Corporation for an amount of$50,000.00. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P-10413 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 22 of 34 Public Hearing It appeared that the City Council, at its meeting of May 30, 2006, continued the L-14200 public hearing for authorization for conversion of 1.06 acres of Cobb Park for Convert Cobb use as a pipeline to transport natural gas and authorize execution of a license Park for Use as agreement with West Fork Pipeline Company. Mayor Moncrief opened the Pipeline to public hearing and asked if there was anyone present desiring to be heard. Transport Natural Gas Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14200, as follows: There was presented Mayor and Council Communication No. L-14200, dated May 30, 2006, from the City Manager recommending that the City Council: 1. 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; 2. Find that no feasible or prudent alternative exists for providing the needed conversion of Cobb Park; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to Cobb Park; 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for use as a natural gas pipeline to be placed in a 2318.60 linear feet of land situated in Cobb Park, S.B Hopkins Survey, Abstract No. 669 and the J. Huie Survey, Abstract No. 799, Tarrant County, Texas; 5. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park improvements at a value equal to or greater than the assessed $97,381.60 License Agreement fee; and 6. Authorize the acceptance of park facility improvements valued at $97,381.60 in-lieu-of the assessed License Agreement fee. Mayor Pro tem Hicks stated that staff was unable to meet with the Rolling Hills neighborhood on this issue and requested staff provide a map of the drilling locations to the neighborhood for their review. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 23 of 34 Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14200 be approved by amending paragraphs 5 and 6 as follows: 5. Authorize the execution of a License Agreement with West Fork Pipeline Company to fund the development of a master plan for Cobb Park at a value equal to or greater than the assessed $97,381.60 License Agreement fee; and 6. Authorize the acceptance of a master plan for Cobb Park valued at $97,381.60 in lieu of the assessed License Agreement fee. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Burdette stated that the City did have in a place a policy with regard to the use of funds that may be received upon the granting of oil and gas exploration leases on parkland and other City properties. He added that as time went on, the City might see more instances in which gas companies made application to lay pipelines across the parks and when that occurred it would disturb the surface, albeit on a temporary basis. He requested that staff consider and provide a proposed policy with regard to the use and application of revenue funds that may be paid for rights-of-way in the future on park lands. Mayor Pro tem Hicks concurred with Council Member Burdette's statement. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L-14200 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council, at its meeting of May 30, 2006, continued the L-14201 public hearing for authorization of conversion of Prairie Dog Park for the Covert Prairie subsurface drilling and extraction of natural gas from an off site location. Dog Park for Mayor Moncrief opened the public hearing and asked if there was anyone Subsurface present desiring to be heard. Drilling and Extraction of Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Natural Gas Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14201, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 24 of 34 There was presented Mayor and Council Communication No. L-14201, dated May 30, 2006, from the City Manager recommending that the City Council: 1. 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; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Prairie Dog Park, a 19.56-acre tract and a 20- acre tract out of the M. J. Brittain Survey, Abstract No. 104, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14201 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Wheatfall advised the City Staff that he wanted to be advised of the off-site drilling locations. At the request of Council Member Silcox, Mayor and Council Communication Nos. L-14206 through L-14211, were considered by one motion as follows: L-14206 Mayor and Council Communication No. L-14206 from the City Manager Acquisition of recommending that the City Council authorize the payment of $624,900.00 to Property for Jay D. Printz and wife, Barbara D. Printz, to acquire real property for right-of- Right-of-Way for way of the Southwest Parkway (S.H. 121) and estimated closing costs of Southwest $4,543.00; and authorize the appropriate City representatives to execute the Parkway documents necessary to complete the purchase located at 3519 West Vickery (S.H. 121) Boulevard, Fort Worth, Texas, 76107, Parcel 55, described as 0.065 acres, more or less, being out of Lots 4 and 5, Block 2, of Brooklyn Heights, an addition to the City of Fort Worth, Tarrant County, Texas, located in the Vickery Corridor (DOE 3777). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 25 of 34 L-14207 Mayor and Council Communication No. L-14207 from the City Manager Acquisition of recommending that the City Council authorize the payment of $292,500.00 to Property for Peter Schaar and wife, Julie Schaar, to acquire real property for right-of-way of Right-of-Way for the Southwest Parkway (S.H. 121) and estimated closing costs of $2,708.00; Southwest and authorize the appropriate City representatives to execute the documents Parkway necessary to complete the purchase located at 4201-4205 West Vickery (S.H. 121) Boulevard, Fort Worth, Texas, 76107, Parcel 74, described as 0.418 acres, more or less, being the remainder of Lots 21, 22 and 23, Block 4 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and a portion of the north half of a vacated 16 foot alley, located in the Vickery Corridor(DOE 3777). L-14208 Mayor and Council Communication No. L-14208 from the City Manager Acquisition of recommending that the City Council authorize the payment of $86,653.00 to Property for James Franklin Vreeland and wife, Chris Ann Vreeland (DOE 3777) to acquire Southwest real property for right-of-way of the Southwest Parkway (S.H. 121) and Parkway estimated closing costs of $3,000.00; and authorize the appropriate City (S.H. 121) representatives to execute the documents necessary to complete the purchase located at 4313 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 78, described as all of Lot 17R, Block 3 of Factory Place Addition. L-14209 Mayor and Council Communication No. L-14209 from the City Manager Acquisition of recommending that the City Council authorize the payment of $167,000.00 to Property for James Franklin Vreeland and wife, Chris Ann Vreeland (DOE 3777) to acquire Southwest real property for right-of-way of the Southwest Parkway (S.H. 121) and Parkway estimated closing costs of $4,000.00; and authorize the appropriate City (S.H. 121) representatives to execute the documents necessary to complete the purchase located at 4309 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 79, described as all of Lot 16R1, Block 3 of Factory Place Addition. L-14210 Mayor and Council Communication No. L-14210 from the City Manager Acquisition of recommending that the City Council authorize the payment of $187,611.50 to Property for Leddie C. Taylor and Charles W. Beavers (DOE 3777) to acquire real property Southwest for right-of-way of the Southwest Parkway (S.H. 121) and estimated closing Parkway costs of $4,388.50; and authorize the appropriate City representatives to (S.H. 121) execute the documents necessary to complete the purchase located at 4321 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 81, described as the remainder of Lot 14R, Block 3, Factory Place Addition. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 26 of 34 L-14211 Mayor and Council Communication No. L-14211 from the City Manager Acquisition of recommending that the City Council authorize the payment of $834,300.00 to Property for Bobby P. Houk and wife, Bonnie Grace Houk, to acquire real property for Southwest right-of-way of the Southwest Parkway (S.H. 121) and estimated closing costs Parkway of $3,215.00; and authorize the appropriate City representatives to execute the (S.H. 121) documents necessary to complete the purchase of property located at 4131 West Vickery Boulevard, Fort Worth, Texas, 76107, Parcel 71, described as 0.654 acres, more or less, being all of Lots 4, 5 and 6, Block 4, of Factory Place Addition, the remainder of Lot 26, Block 4, of Factory Place addition, and a portion of a vacated 16 foot alley, and a portion of the north half of vacated Rutledge Street, in the City of Fort Worth, Tarrant County, Texas, located in the Vickery Corridor(DOE 3777). Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication Nos. L-14206 through L- 14211 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21531 There was presented Mayor and Council Communication No. C-21531 from the Leticia Huerta City Manager recommending that the City Council authorize the City Manager to enter into a Design Team Contract with Leticia Huerta to plan and recommend public art/design enhancements and concepts for the Lebow Channel Watershed, in an amount not to exceed $37,835.00; and authorize the City Manager to enter into an Artwork Commission Contract with Leticia Huerta for final design, fabrication and installation and/or installation oversight of approved public/design enhancements for the Lebow Channel Watershed, for an amount not to exceed $340,516.00. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21531 be approved. The motion carried unanimously seven (7) ayes to one (1) nay, with Council Member Silcox casting the descending vote and Council Member Davis absent. C-21532 There was presented Mayor and Council Communication No. C-21532 from the Blackstone Hotel City Manager recommending that the City Council authorize the City Manager Partners, L.P., to to execute Consents to Assignment by Blackstone Hotel Partners, L.P., to RLJ RLJ Fort Worth Fort Worth Hotel, L.P., of the following documents relating to the downtown Hotel, L.P. Marriott Courtyard Hotel (i) Tax Abatement Agreement, City Secretary Contract No. 23935; (ii) Facilities and Maintenance Agreement, City Secretary Contract No. 23997; and (iii) Encroachment Agreement for Improvements, City Secretary Contract No. 22714. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 27 of 34 Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21532 be approved. The motion carried unanimously seven (7) ayes to one (1) nay, with Council Member Silcox casting the descending vote and Council Member Davis absent. C-21533 There was presented Mayor and Council Communication No. C-21533 from the S.J. Louis City Manager recommending that the City Council authorize the City Manager Construction of to execute a contract with S.J. Louis Construction of TX, Ltd., in the amount of TX, Ltd. $3,989,167.57 for 36-inch Water Main extension along Trinity Railway Express Right-of-Way (Greenbelt Road to FM 157) Contract 1, Units 1 and 2 (City Project No. 003 52). Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21533 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21534 There was presented Mayor and Council Communication No. C-21534 from the JLB Contracting, City Manager recommending that the City Council authorize the City Manager LP to execute a contract with JLB Contracting, LP, in the amount of$1,096,851.10 for HMAC Surface Overlay 2006-9 at various locations. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21534 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21535 There was presented Mayor and Council Communication No. C-21535 from the Lake Worth City Manager recommending that the City Council authorize a ten year lease Sailing Club renewal of the lease agreement with the Lake Worth Sailing Club for Lake Worth lease property located at 4064 Peninsula Club Circle, Lot 5, Block 19, Lake Worth Lease Survey for an annual lease rate of$13,040.00. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21535 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21536 There was presented Mayor and Council Communication No. C-21536 from the Ord. No. 17021- City Manager recommending that the City Council authorize the transfer of 06-2006 $431,179.31 from the Water and Sewer Operating Fund to the Water Capital Stabile & Winn, Projects Fund in the amount of$360,792.23 and Sewer Capital Projects Fund in Inc. the amount of $70,387.08; adopt an appropriation ordinance increasing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 28 of 34 estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $360,792.23 and the Sewer Capital Projects Fund in the amount of $70,387.08 from available funds for the purpose of funding a contract with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on West Boyce Avenue (Hemphill Street to South Adams Street), West Boyce Avenue (Hemphill Street to 6th Avenue) and James Avenue (Cleburne Road to West Berry Street); and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,267,309.08 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on West Boyce Avenue (Hemphill Street to South Adams Street), (South Adams Street to 6th Avenue) and James Avenue (Cleburne Road to West Berry Street). Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21536 be approved and Appropriation Ordinance No. 17021-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21537 There was presented Mayor and Council Communication No. C-21537 from the Ord. No. 17022- City Manager recommending that the City Council authorize the transfer of 06-2006 $828,565.00 from the Water and Sewer Operating Fund to the Water Capital William J. Schultz, Projects Fund in the amount of$386,039.00 and Sewer Capital Projects Fund in Inc., d/b/a Circle the amount of $442,526.00; adopt an appropriation ordinance increasing "C" Construction estimated receipts and appropriations in the Water Capital Projects Fund in the Company amount of $386,039.00 and the Sewer Capital Projects Fund in the amount of $442,526.00 from available funds for the purpose of funding a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, for Water and Sanitary Sewer Replacement (on Lamont and Dickson Streets) Contract 2003, WSM-G; and authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of $846,014.50 for Water and Sanitary Sewer Replacement (on Lamont and Dickson Streets) Contract 2003, WSM-G(City Project No. 00353). Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21537 be approved and Appropriation Ordinance No. 17022-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 29 of 34 C-21538 There was presented Mayor and Council Communication No. C-21538 from the Ord. No. 17023- City Manager recommending that the City Council authorize the transfer of 06-2006 $1,837,989.00 from the Water and Sewer Operating Fund to the Water Capital S.H.U.C., Inc. Projects Fund in the amount of$1,360,639.00 and Sewer Capital Projects Fund in the amount of $477,350.00; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$1,360,639.00 and the Sewer Capital Projects Fund in the amount of $477,350.00 from available funds for the purpose of funding a contract with S.H.U.C., Inc., for Water and Sanitary Sewer Replacement Contract 2004, WSM-K; and authorize the City Manager to execute a contract with S.H.U.C., Inc., for Water and Sanitary Sewer Replacement on portions of Calmont Avenue, Dakar Road, Firth Road, Geddes Avenue, Goodman Avenue, Harley Avenue, Washburn Avenue, Hulen Street and Woods Avenue, in the amount of $1,666,215.00 for Water and Sanitary Sewer Replacement Contract 2004, WSM-K (City Project No. 00196). Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21538 be approved and Appropriation Ordinance No. 17023-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21539 There was presented Mayor and Council Communication No. C-21539 from the Alliance Air City Manager recommending that the City Council authorize execution of an air Productions show agreement with Alliance Air Productions for a term of five years with the option to extend the agreement for an additional five years at Fort Worth Alliance Airport. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21539 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21540 There was presented Mayor and Council Communication No. C-21540 from the Panel Installers, City Manager recommending that the City Council authorize the City Manager LTD. to execute a Community Facilities Agreement with Panel Installers, LTD., for the installation of water and sewer services to serve Ace Hardware Trucking Facility, a development located in east Fort Worth. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21540 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 30 of 34 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Public 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 Commercial Recorder, the official newspaper of the City of Fort Worth, on May 30, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-086 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17024- Zoning Docket No. ZC-06-086, Text Amendment for off street parking 06-2006 requirements. Mayor Moncrief opened the public hearing and asked if there Approved was anyone present desiring to be heard. Bill Guthrey Mr. Bill Guthrey, 8115 Preston Road, Dallas, Texas, representing Cole Development Company, appeared before Council in support of the text amendment. He stated that a cap was placed on parking allowed for certain uses, specifically in a business park environment, and an ability to go above that cap by 125 percent. He presented a briefing on the Centreport Business Park master planned-mixed use community that contained 1,300 acres of office industrial and office development. He stated that Centreport was the master planner with their own deed restrictions and that City landscaping requirements had been exceeded. He added that more opportunities for their development were being hindered by the parking cap. He requested that the Council approve the text amendment. Council Member Jordan stated that the issue of parking was a specific issue of the Development Standards Task Force a few years ago and asked if this was a continuation of that effort. He added that during the Pre-Council Worksession a discussion was held to schedule a workshop on July 25, 2006, to address all of the proposed changes in the text amendment. He expressed concern that this case might be affected by the change and that he was hesitant to make a change to the ordinance solely for one specific case. He asked Development Director Bob Riley to address this inquiry. Mr. Bob Riley, Development Department Director, stated that this text amendment dealt with parking requirements. He added that the Development Standards Task Force made recommendations a few years ago and changes were made to parking requirements for a number of different uses that were out of date. He further stated that at the same time the City established a 125 percent maximum parking cap, which had now become an impediment to meeting the market needs. He pointed out that the text amendment addressed two issues: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 31 of 34 1. The Central City where there was minimum parking requirements would now say that if a use is located so far away from residentially zoned property, i.e., 250 feet, there were no minimum parking requirements. 2. The text amendment addressed the over parking of 125 percent and where there was a true need, what were the mitigating circumstances. He added that staff and public input indicated that additional tree planting would help mitigate the additional asphalt, paving, run-off, etc. He further stated that the text amendment included provisions for the entire City, not just Mr. Guthrey's issue. He clarified that the July 25, 2006, meeting was a more global view of cumulative zoning, leap frog development, and other issues and that the City Plan Commission, City Zoning Commission and City Council would be invited to attend. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-086 be approved, and the following ordinance be adopted: ORDINANCE NO. 17024-06-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 6.201 "OFF- STREET PARKING REQUIREMENTS" OF ARTICLE 2, "OFF-STREET PARKING AND LOADING' OF CHAPTER 6, "DEVELOPMENT STANDARDS" TO ESTABLISH MINIMUM PARKING REQUIREMENTS FOR USES IN OR WITHIN TWO HUNDRED FIFTY FEET OF ONE OR TWO FAMILY ZONED PROPERTY; TO AMEND SECTIONS 4.902.1), 4.903.1), 4.1001.1), AND 4.1002.1), "OTHER DEVELOPMENT STANDARDS' OF CHAPTER 4; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 32 of 34 ZC-06-087 It appeared that the City Council set today as the date for a Zoning Hearing for Continued Until Zoning Docket No. ZC-06-087, Text Amendment for development standards July 11, 2006 definitions. 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 Text Amendment, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-087 be continued until the July 11, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-124 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17025- Zoning Docket No. ZC-06-124, Text Amendment for masonry screening 06-2006 fences. Mayor Moncrief opened the public hearing and asked if there was Approved anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Council Member Jordan, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 124 be approved, and the following ordinance be adopted: ORDINANCE NO. 17025-06-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ARTICLE 3 "ACCESSORY USES" OF CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO ADD A NEW SUBSECTION TO SECTION 5.305 "FENCES" TO REQUIRE MASONRY FENCES ALONG ARTERIAL STREETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Item XVI Mr. Estrus Tucker, 5426 Fletcher Avenue, appeared before Council relative to Citizen the value of Fort Worth community cable, in particular Channels 7 and 31, and Presentations the critical role it played in bringing communities together. He expressed Estrus Tucker concern with the alleged discontinuance of the City's cable programming. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 20, 2006 PAGE 33 of 34 City Manager Boswell stated that this issue would be discussed during the Council Retreat on June 22-23, 2006. He added that traditional funding for these types of programs was being cut-off as a result of recent legislation, and to continue these programs would incur expenditure in the City's General Fund. Mayor Moncrief recognized former Assistant City Manager Vernell Sturns in the audience. Mayor Moncrief adjourned the regular session of the Fort Worth City Council at 11:25 a.m. and the Council reconvened into the Pre-Council Workshop session to continue certain presentations. The Pre-Council Workshop was adjourned at 12:45 p.m. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:45 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) Gregory L. Maddex v. City of Fort Worth, Civil Action No. 4:05-CV-255-Y; b) Legal issues concerning the Southwest Parkway (S.H. 121T); c) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JUNE 20,2006 PAGE 34 of 34 Reconvened The City Council reconvened into regular session at 1:10 p.m. Agenda Item There being no further business,the meeting was adjourned at 1:10 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 1 lth day of July, 2006. Attest: Approved: Marty Hend Michael J. oncrief City Secretary Mayor