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HomeMy WebLinkAbout2006/10/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 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 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, October 24, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Reverend Andrew Decker, University United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Davis, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of October 17, 2006, and the Minutes Joint Meeting of Fort Worth City Council and Fort Worth Independent School District on September 21, 2006, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Red Steagall Cowboy Special Gathering Days to Red Steagall, Poet Laureate for the State of Texas. Mr. Presentations Stegall announced the event would be held on Friday, October 27, 2006, through Sunday, October 29, 2006. Agenda Item VI Mayor Pro tem Hicks stated that she had an opportunity this past weekend to Announcements represent the City at the National League of Cities Early Childhood Conference. She added that on a national level, people were very appreciative CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 2 of 17 of the work of the early childhood programs, and she was glad the City Council stepped up to the plate during the budget session and added funding after losing the federal funding. She expressed appreciation to Sandra Lamb and Kathy Livingston for the work they were doing. Council Member Burdette stated that he and Council Member Jordan attended a meeting at the Lockheed Martin Recreation Center where over 100 people from all over the City attended. He added that cyclists were pleased the designation of 60 miles of bicycle routes was finally underway. He advised this was part of the City's initiative for Transportation and the Clean Air program. Council Member Jordan announced there would be a Police Forum held on October 24, 2006, at Great Commission Baptist Church on McCart Street at 7:00 p.m. He also announced that on November 13, 2006, a Town Hall Meeting would be held at North Crowley High School at 6:30 p.m. and stated that all interested citizens should attend. Council Member Wheatfall announced there would be a Youth Town Hall meeting at 10:00 a.m. Saturday, October 28, 2006, at the Fort Worth Convention Center and encouraged parents to bring their young people to participate in their local government. He also stated that the Youth Advisory Board members would be in attendance as well as some of the Council Members. Council Member Espino announced that a Naturalization and Citizenship Forum would be held Saturday at La Gran Plaza; that the Hopefest would be coming to District 2; that in conjunction with the Red Stegall Cowboy Gathering the Texas Trail and Hall of Fame Ceremony and breakfast would take place Saturday, October 28, 2006, at 10:00 a.m. in front of the Livestock Exchange building; and also reminded the young adults of the Youth Town Hall meeting previously announced by Council Member Wheatfall. Mayor Pro tem Hicks announced there would be a District 8 Town Hall meeting at 9:00 a.m. Saturday, November 4, 2006, at Texas Wesleyan University in the Nurse Anesthesia Building Foyer at 1000 Wesleyan Street and encouraged all interested citizens to attend. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15467 and C-21788 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 3 of 17 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-21794 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, 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-1581 M&C OCS-1581 - 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-15465 M&C G-15465 - Accepting from the State of Texas - Governor's Division of Ord. No. 17245- Emergency Management the FY 2006 Homeland Security Grant Program 10-2006 Award consisting of two sub-program allocations: Accept FY 2006 Homeland A. Urban Area Security Initiative $2,252,065.67 Security Grant B. Metropolitan Medical Response System $ 232,330.00 Program Award Combined Total Award: $2,484,395.67 Adopting Appropriation Ordinance No. 17245-10-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,484,395.67 subject to receipt of the Homeland Security Grant from the State of Texas Governor's Division of Emergency Management, for the purpose of enhancing the capability to prevent, respond to, and recover from acts of terrorism and natural disasters. G-15466 M&C G-15466 - Authorizing an additional $135,500.00 for independent Final Payment for auditing services to Deloitte & Touche, LLP, for the Fiscal Year 2004 Single Completion of FY Audit and Comprehensive Annual Financial Report, establishing the FY 2004 2004 and FY 2005 final audit fee at $539,000.00; and amending the September 10, 2004, Letter of Audits Engagement to increase the audit fees in the amount of $255,600.00 for the Fiscal Year 2005 Single Audit and Comprehensive Annual Financial Report, establishing the total FY 2005 audit fee at a not-to-exceed amount of $541,200.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 4 of 17 G-15468 M&C G-15468 - Accepting $63,837.00 from Acme Brick as the remaining Ord. No. 17246- portion of the required local match for the Land Use Transportation Joint 10-2006 Venture Grant for West Seventh Village; adopting Appropriation Ordinance Amend Local No. 17246-10-2006 increasing estimated receipts and appropriations in the Project Advance Grants Fund in the amount of$319,183.00 from available funds for the purpose Funding of an amendment to the Local Project Advance Funding Agreement with the Agreement for Texas Department of Transportation for the Land Use Transportation Joint Land Use Venture Grant for West Seventh Village; and authorizing the City Manager to Transportation execute an amendment to the Local Project Advance Funding Agreement with Joint Venture the Texas Department of Transportation in order to allocate the remaining Grant for West federal funds and local match for the Land Use Transportation Joint Venture Seventh Village Grant for West Seventh Village. G-15469 M&C G-15469 - Declaring the necessity of taking an interest in a portion of Condemn Parcel land in the McCowan Survey, Abstract No. 999, located north of Highway 287 of Land Located and West of I-35W in north Fort Worth, Tarrant County, Texas, owned by North of Highway Ellesmere Investment Corporation (DOE 5095); and authorizing the City 287 and West of I- Attorney to institute condemnation proceedings to acquire the interest in the 35W land. P-10470 M&C P-10470 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 the purchase agreement with EMA, Inc., to include consultant services for the - Consultant implementation of enhancements and support for the Computerized Services Maintenance Management System; and ratifying payments for service with EMA, Inc., under this agreement in the amount of$63,700.00. P-10471 M&C P-10471 - Authorizing a purchase agreement for topsoil with Earth Topsoil Haulers, Inc., for the City of Fort Worth based on the low bid meeting specifications with payment due 30 days after receipt of invoice; authorizing this agreement to begin October 24, 2006, and expiring on October 23, 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 participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". P-10472 M&C P-10472 - Authorizing the purchase of Pau Lope Lumber from Lee Roy Pau Lope Lumber Jordon Lumber for the Transportation Public Works Department based on low bid meeting specifications for an amount not to exceed $41,391.31, with payment due 30 days from invoice date. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 5 of 17 P-10473 M&C P-10473 - Authorizing the purchase of public lounge furniture from Public Lounge Libra-Tech Corporation through the Texas Multiple Award Schedule for the Furniture Library Department for a cost not to exceed $43,982.32 with freight included in unit prices and payment due 30 days after receipt of invoice. P-10474 M&C P-10474 - Authorizing the execution of a professional services agreement Professional and increasing the existing purchase order with Emma S. Walker, PC, to assist Services in the completion of the FY 2005 and FY 2006 Comprehensive Annual Financial Reports for the Finance Department at a cost not to exceed $110,000.00. C-21789 M&C C-21789 - Authorizing the City Manager to execute an agreement for Fort Worth $1.3 million for the Fort Worth Independent School District to operate the Fort Independent Worth After-School Program at selected schools as a juvenile crime prevention School District measure during Fiscal Year 2006-2007. C-21790 M&C C-21790 - Authorizing the City Manager to execute an amendment to Amend CSC No. City Secretary Contract No. 28148 with the North Central Texas Council of 28148 - NCTCOG Governments (NCTCOG). The amendment sets the City's annual cost share of NCTCOG's administrative and implementation assistance for the regional storm water management program at$18,454.00 during FY 2006-07. C-21791 M&C C-21791 - Approving the transfer of$59,560.00 in undesignated funds in Ord. No. 17247- the Environmental Management Operating Fund to the Environmental 10-2006 Management Project Fund; adopting Appropriation Ordinance No. 17247-10- Sisk-Robb, Inc. 2006 increasing estimated receipts and appropriations in the Environmental Management Projects Fund in the amount of $59,560.00 from available funds, for the purpose of executing a contract with Sisk-Robb, Inc., for asbestos abatement services at the Fort Worth Community Arts Center; and authorizing the City Manager to execute a contract with Sisk-Robb, Inc., for asbestos abatement services at the Fort Worth Community Arts Center in association with the modifications of the mechanical systems. C-21792 M&C C-21792 - Approving the transfer of $150,000.00 from undesignated Ord. No. 17248- funds in the Environmental Management Operating Fund to the Environmental 10-2006 Management Project Fund (R101); adopting Appropriation Ordinance No. Amend CSC No. 17248-10-2006 increasing estimated receipts and appropriations in the 31678 - Industrial Environmental Management Projects Fund in the amount of$150,000.00 from Hygiene and available funds, for the purpose of executing an amendment to City Secretary Safety Technology, Contract No. 31678 with Industrial Hygiene and Safety Technology, Inc.; and Inc. authorizing the City Manager to execute an amendment to City Secretary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 6 of 17 Contract No. 31678 with Industrial Hygiene and Safety Technology, Inc., increasing the not to exceed amount by $100,000.00 to $200,000.00 for the current contract term and by $50,000.00 to $150,000.00 for the contract renewal period April 1, 2007, through March 1, 2008. C-21793 M&C C-21793 - Approving the correction of M&C C-21733 for the Correct M&C authorization of the execution of a professional services agreement with C-21733 - Hellmuth, Obata & Kassabaum, L.P., in an amount not to exceed $50,000.00 to Hellmuth, Obata conduct the 2006 Parks and Community Services Department Needs & Kassabaum, Assessment Study to update the Park, Recreation and Open Space Master Plan. L.P. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Jordan, Presentations by that Elizabeth Farley-Parker be appointed to Place 2 on the Fort Worth City Council Commission for Women, effective October 24, 2006 with a term of office Appointments expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Jimmy Graham be appointed to Place 8 on the Aviation Advisory Board, effective October 24, 2006 with a term of office expiring October 1, 2008, and that Alan Villafana be appointed to the Youth Advisory Board effective October 24, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a corrected resolution re-appointing members to serve on Res. No. 3424-10- the Mayor's Advisory Commission on Homelessness and appointing two new 2006 members effective October 24, 2006, and with terms expiring as follows: Appoint and Re- Appoint Members Name Place Expiration of Term to Mayor's Advisory Mike Doyle 2 September 30, 2008 Commission on Joseph DeLeon 10 September 30, 2008 Homelessness Tony Guinn 12 September 30, 2008 Sheryl Kenny 14 September 30, 2008 Inell Hawkins 16 September 30, 2008 Jason Hall 18 September 30, 2008 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 7 of 17 Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3424-10-2006 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. Res. No. 3425-10- There was presented a resolution appointing Danny Scarth to the Area 2006 Metropolitan Ambulance Authority Board effective October 24, 2006, and with Appoint Member a term expiring October 1, 2009. to Area Metropolitan Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Ambulance Resolution No. 3425-10-2006 be adopted. The motion carried unanimously Authority Board nine (9) ayes to (0) nays. Res. No. 3426-10- There was presented a resolution requesting financial assistance from the Texas 2006 Water Development Board. Request Financial Assistance From Council Member Davis made a motion, seconded by Council Member Burdette, Texas Water that Resolution No. 3426-10-2006 be adopted. The motion carried Development unanimously nine (9) ayes to (0) nays. Board Res. No. 3427-10- There was presented a resolution requesting financial assistance from the Texas 2006 Water Development Board from the Clean Water State Revolving Funds. Request Financial Assistance From City Manager Boswell stated that the third "Whereas" paragraph should be Texas Water from corrected to read"$33,600,000.00" instead of"$33,600.00." Clean Water State Revolving Funds Council Member Davis made a motion, seconded by Council Member Silcox, Development that Resolution No. 3427-10-2006 be adopted as amended. The motion carried Board unanimously nine (9) ayes to (0) nays. Res. No. 3428-10- There was presented a resolution supporting a local option sales tax to fund 2006 regional rail in North Central Texas. Support Local Option Sales Tax Council Member Davis recognized the work of the various committees that had to Fund Regional been organized at the Regional Transportation Council to bring this resolution Rail in North forward. She stated this recommendation was the most fair and most realizable. Central Texas She also stated she was delighted in funding the regional rail in this particular manner. She thanked all of the people who worked so hard and advised she looked forward to taking this across the goal line. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 8 of 17 Mayor Pro tem Hicks stated she also completely supported the idea of a regional rail and that this would provide the diverse transportation option needed in the City. She also expressed concerns regarding the lack of any progress in promoting regional rail on the north side, southeast and east Fort Worth, since some of the highest ridership was in these areas of town. Council Member Wheatfall echoed Mayor Pro tem Hicks comments. He stated that they should utilize their position of the City in terms of negotiating with Union Pacific which has double track rails, which would provide an ideal location for commuter rail. He added that as the Council looked at the funding solution for Tower 55, which was a major bottleneck for Union Pacific and for Burlington Northern and all of the rail stations that come into this area. He suggested that the Council could use that as negotiating leverage to get right of way for the Union Pacific line for rail in the southeast part of the City. Council Member Espino made a motion, seconded by Council Member Burdette, that Resolution No. 3428-10-2006 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15460 There was presented Mayor and Council Communication No. G-15460, dated Initiate Zoning October 17, 2006, from the City Manager recommending that the City Council Changes for authorize the City Manager to initiate certain zoning changes for the Historic Annexation Areas Carver Heights neighborhood from "A-5" One-Family, "B" Two-Family, "C" in Far North Medium Density Multifamily and "E" Neighborhood Commercial to "A-5" Sector in One-Family, in accordance with the 2006 Comprehensive Plan. Accordance with Comprehensive Council Member Wheatfall made a motion, seconded by Council Member Plan Jordan, that Mayor and Council Communication No. G-15460 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15467 There was presented Mayor and Council Communication No. G-15467 from Res. No 3429-10- the City Manager recommending that the City Council adopt Resolution No. 2006 3429-10-2006 appointing the following members to the Fort Worth Appoint Members Transportation Executive Committee for a one year term, beginning October 1, to Fort Worth 2006, and ending September 30, 2007: Transportation Authority Executive Committee CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 9 of 17 Name Council Member District (Open) Salvador Espino 2 Gary Havener Chuck Silcox 3 Dr. Paul Geisel Danny Scarth 4 (Open) Donavan Wheatfall 5 Robert A. Parmalee Jungus Jordan 6 Robert L. Jameson Carter Burdette 7 Curtis Toombs Mayor Pro tem 8 Kathleen Hicks Mary Volcansek Wendy Davis 9 City Manager Boswell advised that the Mayor and Council Communication reflected the correct information; however, the resolution did not and should be corrected to reflect the reappointments of Ed Canas as Council Member Espino's representative and Reby Cary as Council Member Wheatfall's representative on the Fort Worth Transportation Executive Committee. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15467 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15470 There was presented Mayor and Council Communication No. G-15470 from Initiate Rezoning the City Manager recommending that the City Council authorize the City for Property in Manager to initiate rezoning of certain property located within the J.J. Albirado Vicinity of Survey in Council District No. 6 in the vicinity of Granbury Road from (Tract Granbury Road in I) (generally in the J.J. Albirado Survey) "C" Medium Density Multifamily to Accordance with "A-5" One-Family, in accordance with the 2006 Comprehensive Plan. Comprehensive Plan Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15470 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Espino stepped away from the dais.) Public Hearing It appeared that the City Council at its meeting of September 19, 2006, L-14249 continued the public hearing to authorize conversion of parkland at Harmon Continued for Field Park for the purpose of subsurface drilling and extraction of natural gas Two Weeks from an offsite location. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 10 of 17 City Secretary Hendrix advised Council that it had been requested that this item and Mayor and Council Communication No. L-14250 be continued for two weeks. Mayor Pro tem Hicks clarified with City staff when the presentation on Distribution of Gas Well Revenues from City properties was going to be presented and that she wanted to continue these hearings after that time. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the public hearing and Mayor and Council Communication No. L-14249 be continued for two weeks to the November 7, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Public Hearing It appeared that the City Council at its meeting of September 19, 2006, L-14250 continued the public hearing to authorize conversion of parkland at Delga Park Continued for for the purpose of subsurface drilling and extraction of natural gas from an Two Weeks offsite location. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the public hearing and Mayor and Council Communication No. L-14250 be continued for two weeks to the November 7, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Espino returned to his chair at the dais.) C-21788 There was presented Mayor and Council Communication No. C-21788 from the Safe City City Manager recommending that the City Council authorize the City Manager Commission, Inc. to execute a contract for $75,000.00 with the Safe City Commission, Inc., during FY 2006-2007 to operate a Crime Stoppers Call Center. Mayor Moncrief advised Council that he would abstain from voting on this item as he served on the Safe City Commission Board of Directors. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21788 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief abstaining. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 11 of 17 C-21794 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21794, Authorization to enter into a Five-Year Tax Abatement Agreement with James R. Cypret, for the property at 1421 Virginia Place in the West 7th/University Neighborhood Empowerment Zone, be withdrawn from consideration on the agenda. C-21795 There was presented Mayor and Council Communication No. C-21795 from the Continued for City Manager recommending that the City Council find that the statements set Two Weeks forth in the recitals of the Tax Abatement Agreement with Richard Vogel are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Richard Vogel for the property at 2833 Meaders Avenue in the Historic Handley Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Wheatfall advised Council that he had received two e-mails this morning from the Eastside Section Alliance and the Handley Neighborhood Association requesting that this item be continued for two weeks. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21795 be continued for two weeks to the November 7, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21796 There was presented Mayor and Council Communication No. C-21796 from the Ord. No. 17249- City Manager recommending that the City Council approve execution of a 10-2006 contract with Near Southeast Community Development Corporation (NSCDC) Near Southeast for implementation of a Community Prosecutor Program; authorize the City Community Manager to accept $100,000.00 from the NSCDC for the Community Development Prosecutor Program; authorize the transfer of $160,000.00 from the Crime Corporation Control and Prevention District Fund to the Grants Fund for the City match; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount at $260,000.00 from available funds for purpose of funding a contract with the Near Southeast Community Development Corporation for implementation of a Community Prosecutor Program. Erin Lewis Ms. Erin Lewis, 1100 E. Humbolt, appeared before the City Council and expressed appreciation to Mayor Pro tem Hicks and the City Attorney's Office for working so hard to bring this to fruition. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 12 of 17 Mayor Pro tem Hicks recognized Ms. Kristen Guillory, Special Projects Manager for the Near Southeast Community Development Corporation, Inc., and stated that the Weed & Seed meeting was very successful. Mayor Pro tem Hicks requested that Mayor and Council Communication No. C-21796 be amended to change Section 1(A) of the contract to read as follows: "The Program shall be operated by City and shall be based at the Municipal Courts Building and a site within the Target Area, to be located at the Hillside Community Center ("Target Area Site")." She made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21796 be approved as amended and Appropriation Ordinance No. 17249-10-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21797 There was presented Mayor and Council Communication No. C-21797 from the Continued for One City Manager recommending that the City Council adopt an appropriation Week ordinance increasing estimated receipts and appropriations in the Future Improvements Projects of the Special Assessments Fund in the amount of $148,000.00 from prior developer contributions for the purpose of funding a transfer to the Street Improvements Fund to execute a Community Facilities Agreement with Golden Triangle Retail Partners, Limited, for the installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway; authorize the transfer of$148,400.00 from the Special Assessments Fund to the Streets Improvement Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $148,000.00 from a transfer from the Future Improvements Projects of the Special Assessments Fund for the purpose of executing a Community Facilities Agreement with Golden Triangle Retail Partners, Limited, for the installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway; and authorize the City Manager to execute a Community Facilities Agreement with Golden Triangle Retail Partners, Limited, in the amount of$188,400.00 for the installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21797 be continued for one week to the October 31, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 13 of 17 C-21798 There was presented Mayor and Council Communication No. C-21798 from the Event Facilities City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Event Facilities for the installation of community facilities for the Harley Avenue temporary parking lot. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21798 be approved with appreciation to J. D. Johnson and the Tarrant County crew who made this parking lot possible. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21799 There was presented Mayor and Council Communication No. C-21799 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 33886 - Presidio to execute an amendment to City Secretary Contract No. 33886, a Community Vista 1, Ltd. Facilities Agreement between the City and Presidio Vista I, Ltd. (Developer), for construction of a portion of North Tarrant Parkway and associated public improvements (the Project), allowing Developer to provide financial security to the City through an Escrow Pledge Agreement that allows Developer to make periodic withdrawals as portions of the Project are completed. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21799 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21800 There was presented Mayor and Council Communication No. C-21800 from the S07 No. 1, L.P. City Manager recommending that the City Council authorize the City Manager to execute an amendment to the Community Facilities Agreement with S07 No. 1, L.P. (Developer), regarding the South of Seventh development project allowing reimbursement to Developer in the amount of $85,000.00 for engineering services for the project. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21800 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-171 It appeared that the City Council, at its meeting of October 10, 2006, continued SP-06-032 the hearing of the application of Lucy Pham for a change in zoning of property Denied located at 1222 and 1224 Clinton Avenue from "FR' General Commercial CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 14 of 17 Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; excluding the following uses: pawn shop, tattoo parlor, massage parlor; beer and wine sales only; hours of operation are Monday through Thursday 5:30 a.m. to 11:00 p.m., Friday through Sunday 5:30 a.m. to 12:00 a.m.; a seven foot masonry screening wall fence shall be placed at the rear of the property with a gate and knox lock; any lighting to be directed away and downward from single-family residences, and with site plan required, Zoning Docket No. ZC-06-171 and Site Plan No. SP-06-032. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jason Sumpter Mr. Jason Sumpter, 200 E. Abram Street, Arlington, Texas, representing the applicant Lucy Pham, appeared before the City Council, presented his case and requested favorable consideration of the Council. He stated that he and the owner had meetings with the neighborhood and that all of the concerns as follows had been addressed: 1. No parking signs will be placed for the antique shop adjacent to alley (303 Northside Drive). 2. Screen wall to be located behind rear of building and not to extend towards Clinton Avenue. 3. Lighting to be directed away from adjacent residences. 4. Facade to compliment the Mercado building on North Main Street. 5. A monument sign in lieu of pole sign shall be used and will comply with the City of Fort Worth sign ordinance. 6. Agree to participate in a Neighborhood Association created by adjacent home owners. 7. Provide security on site with the placement of security cameras both inside and outside the building and provide gates at the rear of the building. 8. Change name of the proposed development in order to represent the area. Name chosen was Northside Market. 9. Retaining walls, if needed, to be constructed of material which compliments the surrounding area. 10. The sale of beer or wine which is larger than 40 ounces is prohibited. In response to Council Member Espino, he advised Council that there would not be any 40 ounce alcoholic beverage sales. He also stated that the fence was a seven foot masonry fence instead of eight feet. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 15 of 17 Camille Rodriquez Ms. Camille Rodriquez, 2005 Clinton Avenue, appeared before the City Council and expressed opposition. She stated that this area already had several convenience stores and a grocery store that sold alcohol and requested that the zoning be denied. She also advised that the parking for the store would be on Clinton Avenue which was already congested. Maricela Munoz Ms. Maricela Munoz, 1221 Clinton Avenue, appeared before the City Council and expressed opposition. She stated that the neighbors wanted to protect their historic homes located on Clinton and presented a petition from the home owners. Council Member Espino referenced letters of opposition received from Betty Ward, Chair of the Northside Neighborhood Association and Dr. Camille Rodriguez. He expressed appreciation to Jacob Sumpter for his earnest desire and forthrightness with the citizens in the surrounding neighborhoods. He pointed out he was a real asset to his client in these negotiations. He spoke about the concessions that had been offered by the developer; the density of the convenience stores in this area and the opposition of the neighborhoods. Council Member Espino stated that he must support the position of the neighborhoods and that this use was not compatible with the City's Comprehensive Plan. There being no one else present desiring to be heard in connection with the application of Lucy Pham, Council Member Espino made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-171 and Site Plan No. SP-06-032 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVI It appeared that the City Council set today as the date for the second public Second Public hearing for a proposed City initiated full purpose annexation of approximately Hearing 107.4 acre tract of land in Tarrant County, located east of Interstate Highway 35 City Initiated Full and north of State Highway 170 and south of Westport Parkway (AX-06-002 Purpose NS Creed Survey). Mayor Moncrief opened the public hearing and asked if Annexation there was anyone present desiring to be heard. (AX-06-002 NS Creed Survey) Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and stated that consideration of the City initiated full purpose annexation ordinance was scheduled for November 14, 2006. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 16 of 17 Second Public It appeared that the City Council set today as the date for the second public Hearing hearing for a proposed City initiated full purpose annexation of approximately City Initiated Full 4.7 acre tract of land in Tarrant County, located south of Golden Triangle Purpose Boulevard and west of North Beach Street, west of the intersection of North Annexation Beach and Ray White Road (AX-06-003 Crawford Tract). Mayor Moncrief (AX-06-003 opened the public hearing and asked if there was anyone present desiring to be Crawford Tract) heard. Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and stated that consideration of the City initiated full purpose annexation ordinance was scheduled for November 14, 2006. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. First Public It appeared that the City Council set today as the date for the first public Hearing hearing for a proposed voluntary annexation of approximately 34.7 acre tract of Voluntary land in Tarrant County, located east of Boat Club Road and north of Bailey Annexation Boswell Road and south of Park Drive (AX-06-007 Parks at Boat Club). (AX-06-007 Parks Mayor Moncrief asked if there was anyone present desiring to be heard. at Boat Club) Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and stated that the second public hearing would be scheduled for November 7, 2006. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XVII Mr. Joe Don Brandon, 1415 E. Lancaster, appeared before the City Council and Citizen stated that the homeless community had made great strides working with Mayor Presentations Pro tem Hicks. He stated that the homeless community was in communications Joe Don Brandon now, but that it did cost money and that the homeless people were a poor people. He stated that they could make a video clip and send it to Council instead of coming down to City Hall. He stated that there were lots of positive changes, crime prevention measures and also that they had started their own trash program. He stated that he was still against the Flora Brewer situation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24, 2006 PAGE 17 of 17 Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIII at 11:19 a.m. to: Executive Session 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. Robert L. Snoke, et al., Cause No. 48- 219473-06; b) Legal issues concerning city-initiated rezoning; c) Legal issues concerning the former Riverside Wastewater Treatment Plant; d) Legal issues concerning uses of city parkway; e) Legal issues concerning tort liability in city park and recreation areas; f) 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. Reconvened The City Council reconvened into regular session at 12:25 p.m. Agenda Item XIX There being no further business, the meeting was adjourned at 12:25 p.m. Adjournment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 24,2006 PAGE 18 of 18 Reconvened The City Council reconvened into regular session at 12:25 p.m. Agenda Item XIX There being no further business,the meeting was adjourned at 12:25 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 31s' day of October, 2006. Attest: Approved: Marty endrix Michael J. M cri City Secretary Mayor