Loading...
HomeMy WebLinkAbout2005/10/25-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 10:14 a.m. on Tuesday, October 25, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Hicks and Davis temporarily absent. Agenda Item H The invocation was given by Reverend Virginia Bassford, Alliance United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox, Approval of the minutes of the regular meeting of October 18, 2005, were approved Minutes unanimously seven (7) ayes to zero (0) nays with Council Members Hicks and Davis temporarily absent. Agenda Item V Council Member Haskin presented a Proclamation for 2005 Coors Women's Special National Finals Rodeo, to Pam Mirnick, Marketing Director, Billy Bob's Texas Presentations who introduced Mary Margaret Richter, No. 2 in the Tie-Down Roping. Ms. Hilde Horchlen, representing Fort Worth Sister Cities International, introduced Mrs. Ruth Mereien-Guerke, a visiting member of a delegation from Sister City, Trier, Germany and her husband Hartmut. Frau Mereien-Guerke read a letter from the Trier Mayor Helmut Schroer and presented a gift which was accepted on behalf of the City by Mayor Moncrief. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 2 of 25 (Council Member Hicks assumed her chair at the dais.) Agenda Item VI City Council Member Espino announced that the community of the Villages of Announcements Woodland Springs would conduct their second Annual Fall Festival on October 29, 2005, from 1:00 p.m. to 6:00 p.m. at the Woodland Springs Elementary School. He stated that interested individuals should contact Pauline Veness at (817) 741-1001 for more information. Mayor Pro tem Silcox stated that each Council Member had been given a medallion from the Sky Ball III held on October 22, 2005, at the Alliance Airport American Airlines facility hosted by the Fort Worth Air Power Foundation. He stated that the purpose of the ball was to raise money to provide assistance to military families whose husbands or wives had been deployed to Iraq. He also announced that the Fort Worth Animal Care and Control would be providing rabies vaccinations and micro-chipping of dogs and cats at a reduced rate on October 29, 2005, from 1:00 p.m. to 3:00 p.m. at Capps Park, 900 West Berry. He added that rabies vaccinations would be $4.00 and micro-chipping would be $10.00. He stressed the importance of having dogs and cats micro-chipped as it provided owner and vaccination information that could return the pet to their owner or a prospective adoptive family. Mayor Moncrief echoed Mayor Pro tem Silcox's remarks about the Sky Ball and stated that NBC-5 Anchorman Mike Snyder and the Board worked very hard and that he was delighted to see it be so successful. Council Member Wheatfall requested that the City Attorney provide an opinion regarding a sitting Council Member that files to run for another elected governmental position being able to retain their Council seat. He cited the example where former City Council Member Frank Moss ran for County Commissioner in 2005 but was allowed to retain his Council position. He added that this appeared to be in violation of Chapter 3, Section 8 of the City Charter. He also questioned the reason a special election could not be called even though it would mean forwarding a request to the Governor. City Attorney Yett stated that a provision in the Texas Constitution took precedence over the City's Charter relative to continuing to serve on the Council while running for another governmental position. He added that he would provide legal basis information to the Council in next week's Council packet. He further stated that the procedure for calling a special election outside one of the uniform election dates would be for emergency purposes and must be through Council petition to the Governor. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 3 of 25 Council Member Wheatfall requested that he be provided a full explanation of the process. (Council Member Davis assumed her chair at the dais.) Council Member Jordan added his appreciation for the success of the Sky Ball event. He stated that it was a wonderful event and a great way for Fort Worth to show their appreciation to the men and women of the military. He also congratulated Council Members Espino and Davis for receiving awards from the United Hispanic Council for their contributions to the City. Council Member Haskin announced that a Police Forum would be held on October 29, 2005, at 7:00 p.m. at Nolan High School, and encouraged everyone interested to attend. She also announced that the Youth Town Hall would be held on Saturday, October 29, 2005 at 10:00 a.m. in the City Council Chamber. Mayor Pro tem Silcox announced that the fourth of four public input meetings for amendments to the City Charter would be held on November 2, 2005, at 6:30 p.m. at the R.D. Evans Community Center. He added that the Council had formed an advisory committee whose charge was to obtain public input for Charter amendments relative to City Council pay, Mayor and Council terms, staggered terms, term limits, and number of required meetings of Council. He further stated that the Council would review the committee's recommendations, make final recommendations, and an election could be scheduled for May 2006. Council Member Davis announced that District 9 would have their District 9 Summit at Palermo's Restaurant on Magnolia Avenue on October 26, 2005, starting at 6:00 p.m. with a dinner with neighborhood presidents, followed by the summit at 7:30 p.m. where representatives from the Planning Department would provide an update to the Comprehensive Plan. Council Member Hicks announced that the District 8 Town Hall would be held November 5, 2005, from 8:30 a.m. to Noon, at O.D. Wyatt High School to discuss ways to positively work together. She stated that the Mayor, City Manager and representatives from Code Compliance, Police Department, Streets, and other agencies would be present to encourage people to get involved with their communities. Council Member Burdette announced that the Camp Bowie Planning Committee would meet on October 26, 2005, at 5:30 p.m. at Dos Gringos on University across from the Modern Art Museum to address development issues and progress in refurbishing the streets along Camp Bowie, and encouraged everyone interested to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 4 of 25 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-21107 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-21107 be continued for one week. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Mayor Pro Consent Agenda tem Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and amended as follows: OCS-1520 M&C OCS-1520 - 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-14969 M&C G-14969 — Authorizing the City Manager to accept an amendment to the Ord. No. 16663- FY 2005-2006 Fair Housing Assistance Program Cooperative Agreement 10-2005 between the Fort Worth Community Relations Department and the U.S. Amend FY 2005- Department of Housing and Urban Development to include $20,000.00 for an 2006 Fair Housing education and outreach program to inform persons displaced by Hurricanes Assistance Katrina and Rita of their Fair Housing rights and responsibilities and $6,000.00 Program for travel to attend the opening orientation at the National Fair Housing Cooperative Training Academy. The amendment will increase the amount to be paid to the Agreement Community Relations Department from $456,019.14 to $482,019.14; and adopting Appropriation Ordinance No. 16663-10-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $26,000.00 from available funds for the purpose of funding an amendment to the Fair Housing Assistance Program Cooperative Agreement for persons displaced by Hurricanes Katrina and Rita. G-14970 M&C G-14970 — Approving the 2005 Ad Valorem Tax Roll. Total appraised 2005 Ad Valorem value on the roll is $41,225,348,424.00, with the actual tax levy of Tax Roll $253,150,230.74. G-14971 M&C G-14971 —Authorizing the temporary closure of Main Street between 3rd Temporary Street and 4t11 Street from November 12, 2005, until January 6, 2006, for Closure of Main Sundance Square Management and Texas Motor Speedway Children's Street for Annual Charities Annual Christmas Tree display. Christmas Tree Display CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 5 of 25 G-14972 M&C G-14972 — Adopting Ordinance No. 16664-10-2005 amending Section Ord. No. 16664- 34-188 of Chapter 34 "Vehicles for Hire", of the Code of the City of Fort 10-2005 Worth (as amended), adding a notification fee and adding clarification language Ord. No. 16665- for the method of computing storage fees; providing for adoption by reference 10-2005 of a statement of intent and purpose in adopting this ordinance; and adopting Amend Article V, Supplemental Appropriation Ordinance No. 16665-10-2005 increasing Wreckers, estimated receipts and appropriations in the General Fund in the amount of Chapter 34, $184,016.00 from increased revenues for the purpose of funding additional auto Vehicles for Hire pound staff for the Police Department. of City Code P-10255 M&C P-10255 — Authorizing extension of master lease agreements with Dell Computer Government Leasing, Inc., and IBM Credit Corporation for computer Equipment, equipment, software and services for the Information Technology Solutions Software and Department; and authorizing the extension of the master lease agreements to Services begin on November 1, 2005, and end October 31, 2006, with options to renew for three additional one-year periods. P-10256 M&C P-10256 — Authorizing a purchase agreement for Jet A aviation fuel with Jet A Aviation Arrow Energy, Inc., for the Police Department based on Dallas Metro, TX, Oil Fuel Price Information Service Petro Scan Daily Average Price, plus a price differential of$0.1325 cents per gallon. Payment is due 30 days from date the invoice is received; and authorize this agreement to begin October 25, 2005, and expire on October 24, 2006, with options to renew for four additional one- year periods. P-10257 M&C P-10257 — Authorizing a purchase agreement for emulsified liquid Emulsified Liquid asphalt from Sem Materials for the Transportation/Public Works Department Asphalt based on best value, freight included, with payment due 30 days after receipt of invoice; this agreement is to begin October 25, 2005, and expire October 24, 2006, 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-10258 M&C P-10258 — Authorizing a purchase agreement for heat activated Heat Activated thermoplastic tape with Zumar Industries, Inc., for the Transportation/Public Thermoplastic Works Department, using the Texas Building and Procurement Commission Tape term agreement program, with payment due within 30 days of receipt of the invoice and freight included in the unit price; and authorizing this agreement to begin October 25, 2005, and expire October 24, 2006, with options to renew for two additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 6 of 25 L-14141 M&C L-14141 — Approving the acquisition of a 26 square foot parcel in fee Property ownership for a street described as a portion of Lot 6-R, Block 7, Forest Park Acquisition for Addition, Tarrant County, Texas, for property located on the south side of Berry Street Berry Street, east of Waits Avenue, south of the Central Business District(DOE Improvement 4227) from Berry Street Partners, Ltd., necessary for the Berry Street Project improvement project between Waits Avenue and Forest Park Boulevard for $800.00 plus closing costs. C-21100 M&C C-21100 — Authorizing the City Manager to execute a Broker of Record William Rigg Agreement with William Rigg Company to procure property, boiler and Company machinery, environmental and other lines of insurance as well as provide consulting and actuarial services pertaining to insurance-related matters for an annual fee of $66,000.00; and authorizing this Broker of Record Agreement with William Rigg Company to begin October 1, 2005, and expire September 30, 2008, with options to renew for two additional one-year periods at an annual fee to be negotiated and mutually agreed upon. C-21101 M&C C-21101 — Approving a joint transfer agreement for a total amount of up Texas Workforce to $402,531.00 with the Texas Workforce Commission (TWC) beginning Commission, October 1, 2005, and ending September 30, 2006, as part of Title VI of their YWCA of Fort Persons Responsibility and Work Opportunity Reconciliation Act of 1996 for Worth and the Child Care Development Program; authorizing the City Manager to extend Tarrant County, current Community Development Block Grant Year XXXI contracts with Clayton YES, Service Providers for Child Care for a period not to exceed September 30, Child Care 2006; and authorizing the City Manager to execute contracts with the following Associates,YMCA organizations to provide additional child care services, contingent upon of Metropolitan approval and receipt of adequate funding from the TWC. All contracts will Fort Worth and begin October 1, 2005, and expire September 30, 2006: Fort Worth Housing Authority YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334.00; Clayton YES in an amount not to exceed $58,663.00; Child Care Associates in an amount not to exceed $60,739.00; YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621.00; and Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $28,174.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 7 of 25 C-21102 M&C C-21102 — Authorizing the City Manager to ratify acceptance of Ord. No. 16666- amended grant agreement from the Fort Worth Housing Authority (FWHA) in 10-2005 the amount of $100,000.00 to provide counseling/homeownership training and Fort Worth related services to eligible participants in FWHA's Section 8 Housing Choice Housing Authority Voucher Homeownership Program; and adopting Appropriation Ordinance No. 16666-10-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00 from available funds for the purpose of funding a contract with the Fort Worth Housing Authority for the Housing Choice Voucher Program. C-21103 M&C C-21103 —Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 31896 with Peachtree Construction, Ltd., in the 1 to CSC No. amount of$95,646.00 for HMAC Surface Overlay 2005-9 at various locations, 31896—Peachtree thereby increasing the contract amount to $913,513.50. Construction, Ltd. C-21104 M&C C-21104 — Authorizing the City Manager to execute Supplemental Supplemental Agreement No. 1 to City Secretary Contract No. 24179, to lease an additional Agreement No. 1 4,000 square feet of unimproved ground to the Federal Aviation Administration to CSC No. 24179 at Fort Worth Meacham International Airport. —Federal Aviation Administration C-21105 M&C C-21105 — Authorizing the City Manager to execute a Double Rate Stephen Hall Agreement with Stephen Hall for double rate charges for sewer services to serve his home at 4050 Keller Hicks Road, located in Tarrant County, outside the Fort Worth City limits. C-21106 M&C C-21106 — Authorizing the City Manager to execute Amendment No. 6 Amendment No. 6 to City Secretary Contract No. 27615 with Alan Plummer Associates, Inc., for to CSC No. 27615 the design of a water transmission line to serve the Turtle Creek Development —Alan Plummer in the amount of $286,777.00 increasing the total contract amount to Associates,Inc. $1,460,695.78. The motion carried. End of Consent Agenda. Agenda Item X Council Member Burdette made a motion, seconded by Council Member Davis, Presentations by that Ronald Norman be appointed to Place 7 on the Golf Advisory Committee City Council effective October 25, 2005. The motion carried unanimously nine (9) ayes to Appointments zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 8 of 25 Council Member Haskin requested an item be placed on next week's Council meeting agenda to reappoint members to the Human Relations Commission. Res. No. 3265-10- There was presented a resolution appointing the following individuals to the 2005 Fort Worth Transportation Authority (FWTA) Executive Committee, effective Appoint Fort October 1, 2005, and with a term expiring September 30, 2006: Worth Transportation City Council Member FWTA Appointee Authority Executive Salvador Espino, District 2 Ed Canas Committee Chuck Silcox, District 3 Gary Havener Becky Haskin, District 4 Dr. Paul Geisel Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Robert Jameson Kathleen Hicks, District 8 Curtis Toombs Wendy Davis, District 9 Mary L. Volcansek Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, that Resolution No. 3265-10-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There was presented a resolution adopting the Corridor Master Plan for the Res. No. 3266-10- Southwest Parking (SH-121). 2005 Corridor Master Mayor Pro tem Silcox stated that the Council was still concerned with the effect Plan for SH-121 this project would have with the Park Palisades, Hulen Bend, and Arborlawn neighborhoods. He assured residents in those communities that there was still work to be done on the project and that changes would be made based on whether they were positive changes for the communities that would be affected. Walter Allen Mr. Walter Allen, 6949 Lomo Alto Drive, President, Park Palisades Homeowners' Association, appeared before Council in support of the resolution. He stated that although the association recognized the need for this project to reduce the congestion in the area, they still would like to know what is planned and whether their concerns had been seriously considered. He requested that the traffic lanes move as far west as possible as well as a landscaped dirt berm with trees be present to reduce noise from the Tollway. He asked if the traffic diamond on Alta Mesa would move further south and if Dutch Ranch Road would go over the Tollway. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 9 of 25 Mayor Pro tem Silcox stated that Park Palisades, Hulen Bend Estates, and Arbor Lawn would be the most affected areas of the project. He requested the opportunity be taken to see how the ramps could be moved more southernly out of the residents' backyards. He also requested staff provide information to this community and asked Mr. Allen to meet with Assistant City Manager Marc Ott to hopefully find a way to reduce or eliminate their concerns and schedule a day to make a physical visit to the site. George Barnes Mr. George Barnes, 5300 Hemick, appeared before Council in opposition of the Tollway. He expressed concern with the destruction of virgin woods and wildlife from Hulen to Bryant Irvin along Vickery to make way for the Tollway. He asked if the City ever considered using the rail system to reduce the traffic and pollution. (Council Member Wheatfall stepped away from the dais.) Mayor Pro tem Silcox stated that rail was being looked at and would continue to be looked at in the future. However, he added that rail was a very expensive alternative. He added that the proposed roadway was needed to reduce the traffic on Hulen and Bryant Irvin. Mayor Moncrief stated that the wooded land had been planned for development for some time and that stakeholders and citizens' committees were looking into ways to improve the pollution problem. He added that development was going to happen on this property and, at the present time, the City did not have the density to support a rail system. Council Member Jordan commended the City and citizen groups for their efforts on this project. He stated that there was collaboration by many to ensure there was as little impact as possible to the environment. He added that the project would relieve the congestion on Bryant Irvin, Hulen, and McCart and will act in team with the Cotton Belt Rail that will parallel the project. He further stated that this would solve future problems and it would be done right, the Fort Worth way. Council Member Hicks indicated her support with the project, and added she would like the City to look at alternative forms of transportation. She expressed concern that the cost of the Tollway would be too expensive for people to utilize. She added that costs needed to be kept down as much as possible. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 10 of 25 Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Resolution No. 3266-10-2005 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-14973 There was presented Mayor and Council Communication No. G-14973 from Ord. No. 16667- the City Manager recommending that the City Council adopt an ordinance 10-2005 approving Project and Financing Plans for Tax Increment Reinvestment Zone Project Plan and Number Seven, City of Fort Worth, Texas (North Tarrant Parkway TIF). Financing Plan of Council Member Haskin made a motion, seconded by Council Member Davis, North Tarrant that the recommendation and Ordinance No. 16667-10-2005 be adopted. The Parkway TIF motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Espino expressed appreciation to Council Member Haskin for her leadership on the TIF Board. G-14974 There was presented Mayor and Council Communication No. G-14974 from Partial Approval the City Manager recommending that the City Council approve the applications of Historic Site from multiple property owners for partial approval of the Historic Site Tax Tax Exemption of Exemption for properties located at 2230 Lipscomb Street, 1720 Washington Designated Avenue, 2201 Washington Avenue, 2101 Morning Glory Avenue, 1916 Hurley Properties Avenue, 2111 Hurley Avenue, 2222 Fairmount Avenue and 1700 Fairmount Avenue. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-14975 There was presented Mayor and Council Communication No. G-14975 from Historic Site Tax the City Manager recommending that the City Council approve the applications Exemption for from multiple property owners for verification of the Historic Site Tax Multiple Exemption for 1124 West Arlington Street, 1808 College Avenue and 2308 Properties Mistletoe Boulevard. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 11 of 25 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14976 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-006, Amend Master to reclassify Oakmont Boulevard from a principle to a major arterial between Thoroughfare Hulen Street and Bryant Irvin Road. Mayor Moncrief opened the public Plan, MT-05-006 hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager for the Transportation and Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14976, as follows: There was presented Mayor and Council Communication No. G-14976 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-006, to reclassify Oakmont Boulevard from a 6-lane principal arterial to a 4-lane major arterial between Hulen Street and Bryant Irvin Road. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-14976 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14977 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-007, Amend Master to extend Arborlawn as a major arterial from its current terminus at Thoroughfare International Plaza to Bryant Irvin Road, and also to "T" the extension of Plan, MT-05-007 Bellaire into the extension of Arborlawn, thus deleting the portion of Bellaire that currently extends to Bryant Irvin Road. Mayor Moncrief opened up the public hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager for the Transportation and Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14977, as follows: There was presented Mayor and Council Communication No. G-14976 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-007, to extend Arborlawn as a major arterial from its current terminus at International Plaza to Bryant Irvin Road, and also to "T" the extension of Bellaire into the extension of Arborlawn, thus deleting the portion of Bellaire that currently extends to Bryant Irvin Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 12 of 25 There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council No. G- 14977 be adopted with the caveat that staff include the communities of Park Palisades, Hulen Bend, and Arborlawn in discussions with this project. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. L-14142 There was presented Mayor and Council Communication No. L-14142 from the Undeveloped City Manager recommending that the City Council accept the dedication of Parkland 7.526 acres of undeveloped parkland described as a tract of land situated in the Richard Morris Survey, Abstract No. 1036, City of Fort Worth, Tarrant County, Texas, from D.R. Horton-Texas, Ltd., required for the Alexandra Meadows Subdivision, in accordance with the 2000 Neighborhood and Community Park Dedication Policy. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2622 There was presented Mayor and Council Communication No. PZ-2622 from the Res. No. 3267-10- City Manager recommending that the City Council approve a resolution 2005 adopting the Thirteenth Amendment to the City's annexation plan removing an 13th Amendment approximate 1.71 acre tract of land situated in the E.H. Elkins Survey, Abstract to City's No. 487 and the H. Robertson Survey, Abstract No. 1259 and being a certain Annexation Plan, portion of Wagley-Robertson Road (County Road Project No. 4108), Tarrant Wagley-Robertson County, Texas, from the plan. Council Member Burdette made a motion, Road seconded by Mayor Pro tem Silcox, that the recommendation and Resolution No. 3267-10-2005 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2623 There was presented Mayor and Council Communication No. PZ-2623 from the Ord. No. 16668- City Manager recommending that the City Council institute and approve an 10-2005 ordinance declaring certain findings; providing for the extension of certain Institute City boundary limits of the City of Fort Worth; providing for the annexation of Initiated approximately 1.71 acre tract of land situated in the E.H. Elkins Survey, Annexation Abstract No. 487, and the H. Robertson Survey, Abstract No. 1259, and being (AX-05-025 that certain portion of Wagley-Robertson Road (County Road Project No. Wagley-Robertson 4108), (Case No. AX-05-025) which said territory lies adjacent to and adjoins Road) the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 13 of 25 conflict herewith. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox , that the recommendation and Ordinance No. 16668-10- 2005 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2624 There was presented Mayor and Council Communication No. PZ-2624 from the Res. No. 3268-10- City Manager recommending that the City Council approve a resolution 2005 adopting the Fourteenth Amendment to the City's annexation plan to remove 14th Amendment approximately 350.4 acre tract of land situated in the John Hibbins Survey, to City's Abstract No. 639 and the Heirs of Benjamin Thomas Survey, Abstract No. Annexation Plan, 1497, Tarrant County, Texas, from the plan. Council Member Burdette made a John Hibbins motion, seconded by Mayor Pro tem Silcox, that the recommendation and Survey and Heirs Resolution No. 3268-10-2005 be adopted. The motion carried unanimously of Benjamin eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Thomas Survey PZ-2625 There was presented Mayor and Council Communication No. PZ-2625 from the Ord. No. 16669- City Manager recommending that the City Council institute and approve an 10-2005 ordinance declaring certain findings; providing for the extension of certain Institute boundary limits of the City of Fort Worth; providing for the annexation of an Voluntary approximate 350.4 acre tract of land situated in the John Hibbins Survey, Annexation Abstract No. 639 and the Heirs of Benjamin Thomas Survey, Abstract No. (AX-05-026 1497, Tarrant County, Texas, (Case No. AX-05-026) which said property lies Hibbins Survey) adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every other ordinance in conflict herewith. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the recommendation and Ordinance No. 16669-10-2005 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2626 There was presented Mayor and Council Communication No. PZ-2626 from the Ord. No. 16670- City Manager recommending that the City Council adopt an ordinance vacating 10-2005 a portion of an alley adjacent to Lots 4 through 6 and Lots 8 through 9, Block Alley Vacation 59, of the Riverside Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the recommendation and Ordinance No. 16670-10-2005 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 14 of 25 Mayor Moncrief stated that the following four Mayor and Council Communications were relative to the 287 Zone and that the Council would take action after further discussion in the Executive Session. He stated that public comments would be heard at this time. PZ-2627 There was presented Mayor and Council Communication No. PZ-2627 from the Heard Comments; City Manager recommending that the area known as the 287 Zone be fully Action Taken annexed on November 8, 2005. If however, the City Council is considering After Executive removing approximately 177.3 acres of land, the Willow Springs Ranch Session Subdivision, from the area to be annexed, then it is recommended that the City Council consider the resolution, adopting the Sixteenth Amendment to the City's annexation plan. (Council Member Wheatfall returned to his chair at the dais.) Robert Miklos Mr. Robert Miklos, 1712 Main Street #2800, Dallas, Texas, an attorney representing the Hughes & Lewis Law Firm, appeared before Council in support of postponing the Willow Springs Ranch Subdivision for full purpose annexation. He stated that residents in the area discussed their concerns with City staff and a solution was reached for the best use of the land while allowing a small grace period of three years before being annexed. He added that the residents had signed an agreement and understood that the extension of the limited purpose annexation to 2009 still gave the City full control over planning and development, and that the agreement was fully binding to the residents and whoever purchased property from the residents. He further stated that these residents could then be brought into the City in cooperation with the City and there were no drawbacks to this agreement. Council Member Burdette asked Mr. Miklos if the agreement was being proposed in lieu of any other action the Council would take. He clarified by stating there was a proposed agreement before the Council to delay full purpose annexation and a resolution to remove the entire 177 acres from the annexation plan. He inquired if Mr. Miklos was urging the Council to accept the agreement signed by the landowners. Mr. Miklos responded affirmatively and that the City staff asked the neighborhood to provide two sets of agreements; one for the entire subdivision, and the other for what is presently developed, and both sets were provided. He added that the neighborhood would like annexation for the entire subdivision to be postponed until 2009 to have them all come into the City at one time. This way the Council would not have to go through the November 8, 2005 process as this area would have been removed from the annexation plan, but kept in the City for limited purposes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 15 of 25 Council Member Burdette asked how many people were living on the north 51 acres of the land and how many property owners were in the remaining land. Danny Moss Mr. Danny R. Moss, 1800 Fairway Bend Drive, Haslet, Texas, developer for the Willow Springs Ranch Subdivision, appeared before Council in support of the postponement. He stated that there were 24 existing residences on the 51 acres and that he was the sole owner of the remaining property. Mayor Moncrief asked that presuming the Council takes the action recommended by Mr. Miklos and sets the property aside, and if the Legislature changes the law, how would that change affect the Council action taken today. Mr. Miklos stated the change would not impact the action taken by the Council as the waiver was signed today and would be in effect today. He added that the City would also receive a voluntary annexation petition from the neighborhood with a specific date which would lock them into place for annexation. He further stated that the extension specifically bound the present and future landowners to a specific postponement period, binding them to the present law. Assistant City Attorney Sarah Fullenwider stated that she had worked on the agreement and concurred with Mr. Miklos' summary. Jack Gibson Mr. Jack Gibson, 1525 Western Willow Drive, representing the homeowners of Willow Springs Ranch, appeared before Council in support of the postponement of full purpose annexation until 2009. He added that the extra time would allow the City to provide services to meet the needs of the residents and they could come into the City as one group. Council Member Burdette stated that a temporary fire station on Blue Mound Road would be operational shortly. He advised Mr. Gibson that if this area is removed from consideration until 2009, the residents would be unable to call upon that fire station for emergency services. He pointed out the large number of homes to be built and that the County may not be able to handle this growth. Jack Gibson Mr. Gibson responded that the residents were aware of this and were very satisfied with the services they presently have provided by the County and surrounding voluntary fire service from Haslet. Council Member Burdette stated that he had heard over and over that some homeowners were not aware of the limited purpose annexation. He questioned Mr. Moss on the reason he still does not want the balance of the 177 acres to be annexed when there were no homes constructed on this property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 16 of 25 Danny Moss Mr. Moss responded by stating that the remaining tracts were ready for development and provided a summary of the construction thus far. He added that some lots had been pre-sold and that the purchasers were aware of the annexation. He further stated to annex the remaining area into the City at this time would change requirements of the work that had already been completed He added that there were other residential developments in this area that were his competition that would not be annexed and not be paying City taxes. He also emphasized the need to bring the entire area into the City at the same time as a neighborhood. Council Member Wheatfall expressed concern with annexing property that was not in compliance with City guidelines. He added that the balance of the property should be annexed to ensure it was developed under City guidelines. (Mayor Pro tem Silcox stepped away from the dais.) Mr. Moss responded by stating that he had an approved County plat and that he had been complying with guidelines of the City when building the homes. At Council Member Jordan's request, the following three items were read in succession. PZ-2628 There was presented Mayor and Council Communication No. PZ-2628 from the Heard Comments; City Manager recommending that the area known as the 287 Zone and Action Taken containing the Willow Springs Ranch Subdivision be fully annexed on After Executive November 8, 2005. If however, the City approves a resolution adopting the Session Sixteenth Amendment to the City's annexation plan, removing approximately 177.3 acres of land, the Willow Springs Ranch Subdivision (M&C PZ-2627), then it is recommended that the City Council consider the agreement to postpone full purpose annexation and extend limited purpose annexation. PZ-2629 There was presented Mayor and Council Communication No. PZ-2629 from the Heard Comments; City Manager recommending that the area known as the 287 Zone be fully Action Taken annexed on November 8, 2005. If, however, the City Council is considering After Executive removing approximately 51.3 acres of land, a portion of the Willow Springs Session Ranch Subdivision, from the area to be annexed, then it is recommended that the City Council consider the resolution adopting the Fifteenth Amendment to the City's annexation plan. PZ-2630 There was presented Mayor and Council Communication No. PZ-2630 from the Heard Comments; City Manager recommending that the area known as the 287 Zone and Action Taken containing the Willow Springs Ranch Subdivision be fully annexed on After Executive November 8, 2005. If, however, the City Council approves a resolution Session adopting the Fifteenth Amendment to the City's annexation plan, removing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 17 of 25 approximately 51.3 acres of land, the northern portion of the Willow Springs Ranch Subdivision (M&C PZ-2629), then it is recommended that the City Council consider the agreement to postpone full purpose annexation and extend limited purpose annexation. Robert Miklos Mr. Robert Miklos, 1712 Main Street #2800, Dallas, Texas, representing the Hughes & Lewis Law Firm, appeared before Council in support of postponing the Willow Springs Ranch Subdivision for full purpose annexation. He reiterated that by extending the limited purpose annexation date, the City would still have the same control as with full purpose. He added that delaying annexation of the entire 177 acres was the best option as it would provide for the entire area to be annexed at one time instead of partially. (Mayor Pro tem Silcox returned to his chair at the dais.) Council Member Burdette stated that the developer had known about the annexation as the property had been planned for annexation for three years and was now asking for additional time. Council Member Wheatfall expressed concern with the existing homes meeting requirements of the City Code. He asked for a guarantee that the homes were built to City standards. Mr. Bob Riley, Development Department Director, stated that 21 homes had not received a permit as required under limited purpose annexation guidelines. He stated that the City did not perform the inspection of the homes and therefore could not confirm they meet requirements of the Code. Danny Moss Mr. Moss assured the Council that he was not building homes illegally, but that the homes were built properly. Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, representing Citizens Against Forced Annexation, appeared before Council in support of postponing the annexation. She commended City staff for working with the residents to reach this compromise. She expressed concerns with the availability of emergency services in the area after being annexed. Peggy Hickey Ms. Peggy Hickey, 2205 Robinwood Drive, along with her mother Alta L. Tankersley, 11530 Willow Springs Road, Haslet, Texas, appeared before Council to request that her mother and brother's properties be removed from the annexation process and submitted a letter requesting to be removed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 18 of 25 Council Member Burdette assured Ms. Hickey that the temporary fire facility on Blue Mound Road would have four firefighters present with adequate equipment and would be located less than two miles from her mother's property, making the response time a few minutes. He added that a fire hydrant had been placed next to her mother's property and that the current land use of "AG" Agricultural would not change without her permission. He further stated that they could continue the use as they had in the past. Mayor Pro tem Silcox inquired how prospective homeowners in this area would be notified of the annexation. Mr. Riley stated that since this was a City initiated annexation, a note would be placed in the deed records at the County. He advised that while this was not required by State law, the City staff determined that this was the best way to find this information. He clarified for the record that Ms. Hickey's mother and brother's property were currently zoned "A-5" but that they would retain the existing use and it would run concurrently with the property. Council Member Burdette requested that staff prepare a letter confirming the continuation of the agricultural use when the property is annexed into the City. Assistant City Manager Dale Fisseler stated that the letter would be provided to Ms. Hickey before Council action was taken on November 8, 2005. Mr. Riley advised the Council that a reminder letter would be provided to residents in the limited purpose annexation area each year prior to being annexed for full purposes into the City. Council Member Jordan recommended staff look at Mrs. Tankersley's property coming into the City as "AG" Agricultural. The public input on these annexation agenda items was concluded and Council action would follow Executive Session. (Council Member Davis stepped away from the dais.) C-21107 It was the consensus of the City Council that Mayor and Council Continued for One Communication No. C-21107, Authorize the Execution of a Contract with the Week Boys and Girls Clubs of Greater Fort Worth to Continue Operation of the Comin' Up Gang Intervention Program, be continued for one week. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 19 of 25 C-21108 There was presented Mayor and Council Communication No. C-21108 from the T.J. Lambrecht City Manager recommending that the City Council authorize the City Manager Construction, Inc., to execute a contract with T.J. Lambrecht Construction, Inc., Texas, in the Texas amount of$13,997,152.50 for Runway Extension Option 2 at Alliance Airport. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21109 There was presented Mayor and Council Communication No. C-21109 from the Archer Western City Manager recommending that the City Council authorize the City Manager Contractors, Ltd. to execute a contract with Archer Western Contractors, Ltd., in the amount of $6,888,500.00 for the Eagle Mountain Raw Water Pump Station Improvements. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21110 There was presented Mayor and Council Communication No. C-21100 from the Ord. No. 16671- City Manager recommending that the City Council adopt an appropriation 10-2005 ordinance increasing estimated receipts and appropriations in the Water State Oscar Renda Revolving Loan Fund in the amount of$64,520,000.00 from the sale of City of Contracting, Inc. Fort Worth, Texas, Water and Sewer System Subordinate Lien Revenue Bonds, Series 2005B for the purpose of funding a contract with Oscar Renda Contracting, Inc., for the Eagle Mountain Water Treatment Plant Phase III Expansion; and authorize the City Manager to execute a contract with Oscar Renda Contracting, Inc., in the amount of $43,714,900.00 for the Eagle Mountain Water Treatment Plant Phase III Expansion. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the recommendation and Ordinance No. 17761-10-2005 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21111 There was presented Mayor and Council Communication No. C-21111 from the Arts Council of City Manager recommending that the City Council authorize the City Manager Fort Worth and to execute a professional services agreement with the Arts Council of Fort Tarrant County Worth and Tarrant County, in the amount of $356,599.00 for FY 2005-06 management of the Fort Worth Public Art Program for a period of one year, with the option to renew for four additional one-year terms. Council Member Burdette made a motion, seconded by Council Member Haskin, that the recommendation 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 OCTOBER 25,2005 PAGE 20 of 25 AGENDA ITEM XV—ZONING HEARING: CASES RECOMMENDED FOR APPROVAL ZC-05-184 It appeared that the City Council, at its meeting of October 11, 2005, continued Approved the hearing of the application of Pennsylvania Avenue, LLP for a change in zoning of property located in the 600 block of 9th Avenue from "PD-323" Planned Development for office use to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; exclude the following: alcohol sales, massage parlor, tattoo parlor, with waiver of site plan recommended. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Davis returned to her chair at the dais.) There being no one else present desiring to be heard in connection with the application of Pennsylvania Avenue, LLP, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-184 be approved with the following provisions agreed to by parties to the contract: 1. The building will face east toward 9th Avenue and will have a circular drive allowing access to the main entrance from 9th Avenue. There shall be no parking in the front of the structure, including handicapped parking. All parking will be situated on the sides and back of the building. 2. The building will be located as close to 9th Avenue as possible, thus diminishing the paved area in the front of the building. 3. The property will be landscaped in a professional manner. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 21 of 25 ORDINANCE NO. 16672-10-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XVI Ms. Kristy H. Kirk, 5621 Conlin Drive, appeared before Council relative to the Citizen non-responsiveness of the Police Department stemming from the theft of her Presentations daughter's credit card. She stated that she knew who stole the credit cards as Kristy Kirk the person had been paying bills and making purchases with the card. She added that she informed the Police, but the person had not been arrested. Mayor Moncrief requested that she meet with Assistant City Manager Joe Paniagua to resolve this issue. Council Member Hicks expressed concern with the delay of the Police Department's action. She asked that Ms. Kirk provide an update on this issue to her aide. Council Member Wheatfall requested staff provide a report to the Council relative to who had jurisdiction over crime identity theft, federal or city. Kim Ford Ms. Kim Ford, 2401 Airport Freeway, Bedford, Texas appeared before Council relative to continued housing assistance. She stated she and her family were evacuees from Hurricane Katrina and trying to resettle in Fort Worth, but were about to be evicted from their present hotel accommodations because the hotel needing the rooms for a scheduled convention. She added that no one had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 22 of 25 responded to the applications she completed while at the Will Rogers Memorial Complex and that she had been in City Hall for four hours yesterday trying to get answers to her housing situation. She further stated that the areas that were suggested to her to obtain housing were not appropriate to raising a family. Tahirah Foster Ms. Tahirah Foster, also a Hurricane Katrina evacuee, stated that she would be homeless by Friday if she could not receive assistance. Mayor Moncrief stated that the City had expended many hours and resources to assist with the relocation of evacuees. He added that if the evacuees wanted to return to New Orleans the City would assist in that endeavor; likewise, if they wanted to remain in Fort Worth the City would provide assistance. He requested that Ms. Ford and Ms. Foster meet with Assistant City Manager Joe Paniagua to resolve their concerns. Council Member Wheatfall requested that all City departments be provided with a fact sheet reflecting what resources and services were available for evacuees. Council Member Davis requested that the Council return to Item X on the agenda as she needed to make appointments to boards and commissions. Return to Item X Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Presentations By that Mr. Bob Haubold be appointed to Place 9 on the Golf Advisory Committee the City Council effective October 25, 2005, and Mr. James H. Johnson be appointed to Place 9 Appointments on the Parks and Community Services Advisory Board, effective October 25, 2005 and with term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Mr. Jackson Wilson be appointed to Place 3 on the City Zoning Commission effective October 25, 2005 and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:16 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: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 23 of 25 a) City of Fort Worth v. 3120 Precinct Line Road, L.L.C., and Walker Branch Recycling, Inc., Cause No. 04-20857-2; b) Legal issues concerning the Fort Worth Employee's Retirement Fund; c) Legal issues concerning Midwest Employers Casualty Company and C.N.A. Insurance claims; d) Legal issues concerning utility relocations in public rights-of- way; e) 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 1:14 p.m. PZ-2627 There was presented Mayor and Council Communication No. PZ-2627 from the 16th Amendment City Manager recommending that the area known as the 287 Zone be fully to City's annexed on November 8, 2005. If however, the City Council is considering Annexation Plan, removing approximately 177.3 acres of land, the Willow Springs Ranch Willow Springs Subdivision, from the area to be annexed, then it is recommended that the City Ranch Subdivision Council consider the resolution, adopting the Sixteenth Amendment to the Denied City's annexation plan. Council Member Burdette made a motion, seconded by Council Member Davis, that the resolution be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 24 of 25 PZ-2628 There was presented Mayor and Council Communication No. PZ-2628 from the Postpone Full City Manager recommending that the area known as the 287 Zone and Purpose containing the Willow Springs Ranch Subdivision be fully annexed on Annexation, November 8, 2005. If however, the City approves a resolution adopting the Willow Springs Sixteenth Amendment to the City's annexation plan, removing approximately Subdivision (287 177.3 acres of land, the Willow Springs Ranch Subdivision (M&C PZ-2627), Zone) then it is recommended that the City Council consider the agreement to Denied postpone full purpose annexation and extend limited purpose annexation. Council Member Burdette made a motion, seconded by Council Member Davis, that the agreement to postpone the full purpose annexation of approximately 177.3 acres be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. The following Mayor and Council Communications were voted by a single motion. PZ-2629 There was presented Mayor and Council Communication No. PZ-2629 from the Continued to City Manager recommending that the area known as the 287 Zone be fully Special Called annexed on November 8, 2005. If, however, the City Council is considering Meeting on removing approximately 51.3 acres of land, a portion of the Willow Springs October 28, 2005 Ranch Subdivision, from the area to be annexed, then it is recommended that the City Council consider the resolution adopting the Fifteenth Amendment to the City's annexation plan. PZ-2630 There was presented Mayor and Council Communication No. PZ-2630 from the Continued to City Manager recommending that the area known as the 287 Zone and Special Called containing the Willow Springs Ranch Subdivision be fully annexed no Meeting on November 8, 2005. If, however, the City Council approves a resolution October 28, 2005 adopting the Fifteenth Amendment to the City's annexation plan, removing approximately 51.3 acres of land, the northern portion of the Willow Springs Ranch Subdivision (M&C PZ-2629), then it is recommended that the City Council consider the agreement to postpone full purpose annexation and extend limited purpose annexation. Council Member Burdette explained that the reason he was going to recommend continuance of these two agenda items was that Exhibit "B" of the agreement was not signed by the homeowners. He pointed out that it was in the best interest of the City and the homeowners to have all documents completed. He added that the City had requested the signing of the document by 5:00 p.m. on Thursday, October 27, 2005. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 25,2005 PAGE 25 of 25 Council Member Davis further clarified that the agreement document was to postpone the 51.3 acres of land into the City of Fort Worth from full purpose annexation until January 1, 2009. She emphasized the importance of having all the documents properly executed before the Council took action as it was in the City's and homeowners' best interest. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that these agenda items be continued until a Called Special meeting of the Fort Worth City Council scheduled for 3:00 p.m. on October 28, 2005 in the Council Chamber. The motion carried unanimously nine (9) ayes to zero (0)nays. Agenda Item There being no further business,the meeting was adjourned at 1:18 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 1 S` day of November, 2005. Attest: Approved: OL 1 Y � � • Marty Hendrix Michael J.Nvoncrie7 City Secretary Mayor