The URL can be used to link to this page

Home My WebLink About2005/12/20-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 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 10:26 a.m. on Tuesday, December 20, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Davis temporarily absent. Agenda Item H The invocation was given by Matthew Wallis from the Law Department. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Davis assumed her chair at the dais.) Agenda Item IV On motion of Mayor Pro tem Silcox, seconded by Council Member Jordan, the Approval of minutes of the regular meeting of December 13, 2005, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item V Ms. Leona Johnson, Parks and Community Services Department Assistant Special Director, presented a plaque to Major Dan Proctor, representing the Salvation Presentations Army in recognition of their generous donation of$275,000.00 for the Cowboy Santa Program. Mr. Randle Harwood, Acting Director for the Parks and Community Services Department, presented Major Proctor with a"Molly" pin. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 2 of 40 Ms. Vanessa Ruiz Boling, Community Relations Department Director, presented the 2005 Neighborhood Award Winners as follows: (Council Member Espino assumed his chair at the dais.) 2005 Fort Worth Pride Award Carver Heights East Neighborhood Association, accepted by Melinda Hamilton, President 2005 Spirit of Fort Worth Award Garden of Eden Neighborhood Association, accepted by Brenda Sanders Wise 2005 Community Collaboration Carter Riverside Neighborhood Award Association, accepted by Clifford Proffitt 2005 Ben Ann Tomayko Good Ms. Carol Beardsley Neighbor Award 2005 Neighborhood of the Year Wedgwood South Neighborhood Award Association, accepted by Carol Beardsley Council Member Wheatfall stated that the Carver Heights East Neighborhood Association was impacted by the tornado and it was tremendous that they had come to the call of their community and neighborhood to win this award. He added that neighborhoods were truly the value and asset that signified the City of Fort Worth and commended all the neighborhood associations for making the Council's job easier. He further stated that when neighbors know their neighbors it was testament to the cohesiveness and crime is abated because people know their neighbors. He expressed appreciation to all the neighborhood associations for continuing to do the ground work to maintain and create sustainable neighborhoods. Council Member Espino commended the Community Relations Department for their hard work. He added that they did a tremendous job with a growing City while at the same time preserving and working with historic neighborhoods. Ms. Lydia Hall, Fort Worth Chamber of Commerce, introduced Miss Texas 2005, Morgan Matlock. Ms. Matlock stated that it would be an honor to represent Fort Worth in the Miss America Pageant in January 2006. Mayor Moncrief presented her with a key to the City and a Molly pin. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 3 of 40 Agenda Item VI Council Member Espino stated that he had been serving on the Council for six Announcements months now and that it was a pleasure to work with a great team of professionals. He said that the Council had been working hard to improve the City and everyone of his colleagues had been fair with their time and advice and extended Merry Christmas wishes to the Council and entire City staff and that he looked forward to working with everyone in 2006. Mayor Pro tem Silcox displayed a musical Christmas tie from his grandson, Cole, for the audience. He also announced that on December 19, 2005, the Cops for Kids program distributed large sacks of Christmas gifts to 61 children at Westcliff Elementary School. He expressed appreciation to the Police Officers' Association for the donation. Mayor Pro tem Silcox advised of the recent party to raise funds for the City's Cowboy Santas program and the amount of funds given. Council Member Jordan stated that this was the last Council meeting of the year and that a lot had happened this year. He stated that there had been disasters, tragedies, great news and great growth in the City and asked that everyone remember those who had made the great things possible, i.e., Police officers, Firefighters, and general employees of the City. Council Member Hicks stated that she attended a party for young people affected and infected with AIDS on December 19, 2005, sponsored by the AIDS Outreach Center. She applauded the efforts of Mader's Restaurant, African Americans Against Aids, the Penson Family, Elrita Rogers, and many more people who help bring Christmas to these young people. Council Member Burdette announced that the close knit Como Community held a reception for elected officials on December 19, 2005. He stated that although he was unable to attend the event, it was nonetheless a wonderful representation of a community celebrating its history. He also expressed appreciation to the Council and City staff for all their hard work this year. He added that it was a remarkable pleasure to serve on the Council and it was due in large part to wonderful assistants and the assistance from City staff. Council Member Davis expressed her appreciation and extended best wishes to the Council and City staff. She stated that it would be a good future tradition to have a year in review report that would look at the City's accomplishments, the "good, bad, and ugly", but would focus on the positive achievements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 4 of 40 Council Member Haskin expressed appreciation to the Christmas Wish Project which provided wishes to 450 foster children. She commended the efforts of the civil engineers in Fort Worth, Child Advocates, Government Services Administration, and Wendy Dalton. She highlighted a generous random act of kindness from a citizen who donated $500.00 to the project and asked that as people left the Council Chamber today that they also do a random act of kindness. Council Member Wheatfall extended Christmas wishes to the Council, City staff and to all of the citizens of Fort Worth. He stated that it was indicative of the Council and the fact that they all had tough issues, but yet at the end of the day they could reflect on all the goodness that the City had accomplished and the goodness that they showed to each other as human beings and being respectful to one other. He further stated that in spite of all the difficult budget challenges and being one of the fastest growing cities in the nation, there were no increases in taxes without decreasing services. Mayor Moncrief extended a very Merry Christmas to everyone. He stated that he had watched the new Council, how quickly they had learned and how much they have digested in a short period of time. He expressed appreciation to the City staff for the dedication and sacrifices they have made over the past year. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1529 M&C OCS-1529 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 5 of 40 G-15036 M&C G-15036 — Adopting Ordinance No. 16732-12-2005 increasing estimated Ord. No. 16732- receipts and appropriations in the Rental Rehab Fund in the amount of 12-2005 $1,039,999.48 from available funds for the purpose of funding activities Rental Rehab eligible under the City's Housing Programs. Fund G-15037 M&C G-15037 — Approving the settlement of the lawsuit entitled Erica Purvey Settlement of vs. City of Fort Worth, Cause Number 05-28632-2; authorizing the payment of Lawsuit—Erica $34,200.00 in settlement of the referenced suit; and authorizing the appropriate Purvey vs. City of City personnel to execute any release and agreement necessary to complete the Fort Worth, Cause settlement. No. 05-28632-2 G-15038 M&C G-15038 — Adopting amendments to Plan Commission Rules and Amend Plan Regulations Section III, Plat Specifications and Supporting Instruments, Commission Rules Section III.302, Preliminary Plat, and Section III.303, Final Plat, to require that & Regulations land use information be included on all preliminary and final plats at the time of Section III application. G-15039 M&C G-15039 — Approving the request of the Southwestern Exposition and Temporary Street Livestock Show to temporarily close the following streets beginning Monday, Closure for 2006 January 9 through February 6, 2006: Southwestern Exposition and - W.R. Watt Drive, from Harley Avenue to Burnett-Tandy Drive Livestock Show - Burnett-Tandy Drive, west to Gendy Street - Gendy Street, from Burnett-Tandy Drive north to Lancaster Avenue - Trinity Park Drive, from University Drive to Crestline Road (January 19, 23, 25 and 31, 2006) G-15040 M&C G-15040 — Considering and adopting the findings and opinions of the Ord. No. 16733- City staff, finding that public necessity and convenience require the operation 12-2005 of 25 taxicabs upon the city streets, alleys and thoroughfares; and adopting Granting Privilege Ordinance No. 16733-12-2005 granting to Cowboy Cab Company, Inc., the to Cowboy Cab privilege to use the streets, alleys and public thoroughfares of the City in the Company, Inc. to conduct of its taxicab business, which shall consist of the operation of twenty Operate Taxicabs five taxicabs for a period beginning on January 1, 2006, and ending on within the City of December 31, 2011; specifying the terms and conditions of the grant; providing Fort Worth a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Cowboy Cab Company, Inc.; and conditioned upon Cowboy Cab Company, Inc., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 6 of 40 G-15041 M&C G-15041 — Authorizing the use of $133,460.00 in-kind services as a Ord. No. 16734- required match for a grant from the Institute of Museum and Library Services 12-2005 for the Fort Worth Public Library; adopting Appropriation Ordinance No. Use In-Kind 16734-12-2005 increasing appropriations in the Grants Fund in the amount of Services as Match $133,460.00 from in-kind services for the purpose of funding a required match for Institute of for the Institute of Museum and Library Services Grant for the Fort Worth Museum and Public Library. Library Services Grant P-10281 M&C P-10281 — Authorizing purchase agreements for the Heating and Cooling Heating and Assistance Program with AirRite Air Conditioning Co., Inc., and Glenn's Air Cooling Assistance Conditioning and Heating Co., Inc., for the Parks and Community Services Program Department based on best value, with payment due 30 days from date of invoice; authorizing agreements to begin January 1, 2006, and expire December 31, 2006, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this award in accordance with the Texas Local Code, 271.102, "Cooperative Purchasing Program". P-10282 M&C P-10282 —Authorizing a purchase agreement for the painting of roadway Paint Roadway structures with Real Estate Restoration and Construction, Inc., for the Structures Transportation/Public Works Department based on best value, with payment due 30 days from date of invoice; authorizing this agreement to begin December 20, 2005, and expire December 19, 2006, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this award in accordance with the Texas Local Code, 271.102, "Cooperative Purchasing Program". P-10283 M&C P-10283 — Authorizing the purchase of a new fuel truck from ATC Fort Fuel Truck Worth Freightliner for the Equipment Services Department for a cost not to exceed $201,629.64 with payment due within 30 days of the date of the invoice. P-10284 M&C P-10284 —Authorizing the purchase of trash can liners from Central Poly Trash Can Liners Corporation for the Parks and Community Services Department, Public Events Department and Code Compliance Department based on best value, for a total not to exceed $68,328.20 and with payment due 30 days from date of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 7 of 40 P-10285 M&C P-10285 — Authorizing a purchase agreement with Western Paper Fine Paper and Company, Inc., for fine paper and envelopes based on best value with payment Envelopes due 30 days after receipt of the invoice and shipping included in the unit price; and authorizing this agreement to begin December 20, 2005, and expire December 19, 2006, with options to renew for two additional one-year periods. P-10286 M&C P-10286 — Authorizing the purchase of ten 40-yard heavy-duty trash 40-Yard Heavy- containers for Wastequip — May Fab for the Environmental Management Duty Trash Department based on best value for an amount not to exceed $39,960.00. Containers Shipping cost is included in the unit prices with payment due 30 days after date of invoice. P-10287 M&C P-10287 — Authorizing a service agreement with the Texas Department Service Agreement of Information Resources for long distance services using a Texas Agency for Long Distance Network (TEX-AN 2000) contract for the Information Technology Solutions Services Department; authorizing this agreement to begin on December 20, 2005, and expire on August 31, 2006, with options to renew for up to two additional one- year periods; and authorizing an administrative transition period for long distance service issues of up to 90 days with SBC, Inc., the current long distance provider. P-10288 M&C P-10288 — Authorizing the purchase of new fire apparatus from the Ord. No. 16735- HGAC (Houston Galveston Area Council) Contracts with Emergency Vehicles 12-2005 of Texas and ATC American LaFrance for the Fire Department for a cost not to Fire Apparatus exceed $3,269,611.00 with payment due within 30 days of the invoice date and freight is included in the unit price; and Oty. & Description Unit Price Extended Total HGAC F S 10-03 Emergency Vehicles of Texas 5 ea. General Safety 1500 $527,300.00 $2,636,500.00 GPM Pumpers HGAC F S 10-03 ATC American LaFrance 1 ea. American LaFrance $ 633,111.00 100' Aerial Truck Total $3,269,611.00 Adopting Appropriation Ordinance No. 16735-12-2005 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $3,269,611.00 to be obtained through the City's Equipment Note Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 8 of 40 approved on February 9, 1999, (M&C G-12462) by Ordinance No. 13701 for the purpose of funding new fire apparatus from the Houston Galveston Area Council Contracts with Emergency Vehicles of Texas and ATC American LaFrance for the Fire Department. P-10289 P-10289 — Authorizing the purchase of new golf cars and trailers from General Golf Cars and Services Administration (GSA), Texas Multiple Award Schedule (TEMAS) Trailers and BuyBoard (TASB) Contracts with Metro Golf Cars and Interstate Trailers as listed below for a cost not to exceed $79,342.53 with payment due within 30 days of the date of the invoice; and Qtv. &Description Department Unit Price Extended Total GSA#07F-87450,Metro Golf Cars 2 ea. Club Car Carryall 6 Water $9,485.00 $18,970.00 passenger cars 2 ea. Club Car Precedent 4 Public Events $6,537.48 $13,074.96 passenger cars 2 ea. Club Car Carryall 2 Public Events $5,393.17 $10,786.34 passenger cars TXMAS#5-78080,Metro Golf Cars 1 ea.Vantage V6015 Truckall Public Events $10,993.23 utility car TASB#208-04,Interstate Trailers,Inc. 1 ea. Interstate MP12ST-12,000 Parks& $ 6,275.00 lbs.trailer Community Services 1 ea. Interstate 40 DLA-40,000 Parks& $19,243.00 lbs.trailer Community Services TOTAL $79,342.53 P-10290 P-10290 — Authorizing a Sole Source purchase agreement of payroll and Payroll and personnel software maintenance from Genesys Software Systems, Inc., for the Personnel Human Resources Department at a cost of $77,097.00, with payment due 30 Software days after receipt of invoice; and authorizing this agreement to begin December Maintenance 20, 2005, and expire on October 31, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 9 of 40 L-14153 M&C L-14153 — Authorizing the acquisition of the vacant lots located at 3403 Acquire Property Chestnut Avenue (Lot 4, Block 2, Worth Hills Addition) from Daniel Martinez, at 3403 and 3514 and 3514 Chestnut Avenue (Lot 4, Block 3, Worth Hills Addition) from Atallah Chestnut Avenue Zitoon, both located on the west side of Fort Worth Meacham International for Fort Worth Airport for the Noise Mitigation Program (DOE 3932); finding that the offer Meacham amounts of $13,350.00 for the lot at 3403 Chestnut is just compensation, and International the amount of $15,000.00 for the lot at 3514 Chestnut is an acceptable Airport Noise negotiated settlement amount. The estimated real estate tax pro-rated amount Mitigation should not exceed $900.00, for a total cost of $29,250.00; and authorizing the Program acceptance and recording of appropriate instruments. L-14154 M&C L-14154 — Authorizing payment for Rental Supplement Payment to Rent Supplement Nikia Stevenson (Tenant) in connection with the acquisition of the property at Payment for 3404 Chestnut Avenue located on the west side of Meacham International Property at 3404 Airport for the Noise Mitigation Program (DOE 3932); and finding that the Chestnut Avenue payment in the amount of$22,890.00 is justified. for Meacham International Airport Noise Mitigation Program C-21199 M&C C-21199 — Authorizing the City Manager to enter into an Encroachment Apollo Playing Agreement with Apollo Playing Card Co., Inc., for the continued use of the Card Co., Inc. right-of-way for concrete slabs, a metal landing and a fire escape in the alley to the rear of the property addressed as 3243 South Jones Street. C-21200 M&C C-21200 — Authorizing the City Manager to exercise the second (of two) AON Consulting, one-year renewal options with AON Consulting, Inc., for group health plan Inc. consulting services for the City during calendar year 2006, for a cost not to exceed $100,000.00. C-21201 M&C C-21201 — Authorizing the City Manager to execute the fifth (of six) CMI Barron Risk one-year contract renewal options with CMI Barron Risk Management Management Services, Inc., for Workers' Compensation Claims Administration Service for a Services, Inc. period of January 1, 2006, through December 31, 2006, for a cost not to exceed $617,651.00. C-21202 M&C C-21202 —Authorizing the City Manager to execute a contract with State State National National Insurance Company for excess Workers' Compensation Insurance not Insurance to exceed $265,000.00 through McGriff, Seibels & Williams of Texas, Inc. Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 10 of 40 C-21203 M&C C-21203 — Authorizing the City Manager to execute a contract with Sharrock Electric, Sharrock Electric, Inc., in the amount of$226,681.00 for the installation of four Inc. traffic signals at the intersections of Belknap/Sylvania; Old Denton/Western Center; Boat Club/Ten Mile Bridge; and North Beach/Chesser-Boyer. C-21204 M&C C-21204 — Authorizing the City Manager to transfer $700,000.00 from Ord. No. 16736- the General Fund to the CO Special Projects Fund; adopting Appropriation 12-2005 Ordinance No. 16736-12-2005 increasing estimated receipts and appropriations AUI Contractors, in the CO Special Projects Fund in the amount of $700,000.00 from available L.P. funds for the purpose of funding a Construction Manager at Risk (CMAR) contract with AUI Contractors, L.P., for the renovation of the Zipper Building to accommodate City staff from the Information Technology Solutions and Finance Departments; and authorizing the City Manager to execute a $1,330,244.00 CMAR contract with AUI Contractors, L.P., for the renovation of the 35,000 square-foot 2nd floor of the Zipper Building to accommodate City staff from the Informaton Technology Solutions and Finance Departments. C-21205 M&C C-21205 — Authorizing an amendment to the Hyde Park Transit Plaza Turner Collie & design contract with Turner Collie & Braden, Inc., to conduct a traffic Braden, Inc. engineering study for a fee not to exceed $3,805.00. C-21206 M&C C-21206 — Authorizing the City Manager to execute a contract with Orval Hall Orval Hall Excavating, Ltd., in the amount of $516,241.61 for Arborlawn Excavating, Ltd. Drive, Phase 11 (west of Bellaire Drive to Bryant Irvin Road) — Roadway Grading. C-21207 M&C C-21207 — Authorizing the City Manager to execute Amendment No. 5 Amendment No. 5 to City Secretary Contract No. 27853 with Freese and Nichols, Inc., for to CSC No. 27853 Holly/Northside 11 54-Inch Water Main Extension, Contract 1, in the amount of —Freese and $49,437.00, thereby increasing the total contract amount to $1,306,328.15. Nichols, Inc. C-21208 M&C C-21208 — Authorizing the transfer of $66,260.00 from the Water and Ord. No. 16737- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 12-2005 Appropriation Ordinance No. 16737-12-2005 increasing estimated receipts and Amendment No. 3 appropriations in the Sewer Capital Project Fund in the amount of $66,260.00 to CSC No. 29706 from available funds for the purpose of funding Amendment No. 3 to City —Kimley-Horn Secretary Contract No. 29706 with Kimley-Horn and Associates, Inc., for and Associates, additional design; and authorizing the City Manager to execute Amendment Inc. No. 3 to City Secretary Contract No. 29706 with Kimley-Horn and Associates, Inc., in the amount of $66,260.00 for additional design, thereby increasing the contract amount to $577,275.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 11 of 40 C-21209 M&C C-21209 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 to City Secretary Contract No. 31878 with Kimley-Horn and Associates, Inc., to CSC No. 31878 for water and sanitary sewer extensions for Stonegate and Arborlawn (City —Kimley-Horn Project 00107), in the amount of $94,440.00, thereby increasing the contract and Associates, amount to $492,020.00. Subsequent amendments, if necessary, will be Inc. processed administratively, up to a $25,000.00 total. C-21210 M&C C-21210 —Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 32169 with S.J. Louis Construction of Texas 1 to CSC No. Ltd., LLP, for Walsh Ranch Water Main Extension, Phase 1, Units 1, 2 and 3 32169— S.J. Louis (City Project 00218), in the amount of$90,000.00 to provide for increased pay Construction of item quantities, thereby increasing the contract amount to $7,601,033.95. Texas Ltd., LLP C-21211 M&C C-21211 — Authorizing the City Manager to execute a Memorandum of U.S. Department Agreement with the U.S. Department of Homeland Security, Immigration and of Homeland Customs Enforcement to participate in the Commercial Smuggling Squad, Security, North Texas High Intensity Drug Trafficking Area; and authorizing the Immigration and Agreement to begin on October 1, 2005, and remain in force unless explicitly Customs terminated, in writing, by either party. Enforcement C-21212 M&C C-21212 — Authorizing the City Manager to enter into a contract with Heritage Heritage Environmental Services, LLC, for the transportation and disposal of Environmental household hazardous waste for the Environmental Collection Center at a total Services, LLC cost not to exceed $404,500.00. C-21213 M&C C-21213 — Authorizing the City Manager to execute a Consent to Westgrove Asset Assignment Agreement by Eagle One Asset Holdings, Inc., to Westgrove Asset Management, Management, L.L.C., for lease site 39N at Fort Worth Meacham International L.L.C. Airport. C-21214 M&C C-21214 —Recommending that the City Council: Sungard HTE, Inc. 1. Authorize sole source purchase agreements for: a. Continued software maintenance and support from Sungard HTE for the Water Department's customer information and billing system for $103,370.00; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 12 of 40 b. Expansion of Sungard HTE's License and Maintenance Agreement for enhanced billing, auditing, and reporting capabilities for $70,815.00; c. Professional services from Sungard HTE in support of existing and future system enhancements including storm water billing, staff augmentation, staff training, and project management for $320,500.00; d. Professional services from Sungard Availability Services for high availability and disaster recovery planning for the customer information and billing system for $79,185.00; 2. Authorize this agreement to begin December 21, 2005, and expire October 31, 2006; and 3. Authorize options to renew for three additional one-year periods. C-21215 M&C C-21215 —Authorizing the City Manager to execute Change Order No. 8 Change Order No. to City Secretary No. 29457 with Archer Western Contractors, Ltd., for the 8 to CSC No. Village Creek Wastewater Treatment Plant Uprating Improvements Phase 1B 29457—Archer Project, in the amount of $137,513.09, thereby increasing the contract amount Western to $6,042,025.95. Contractors, Ltd. The motion carried. End of Consent Agenda. Agenda Item X Council Member Wheatfall made a motion, seconded by Council Member Presentations by Espino, that Brenda Sanders-Wise be appointed to Place 5 on the Historic and City Council Cultural Landmarks Commission effective December 20, 2005, and with a term Appointments expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Jordan, that Diana Serrano be appointed to the Youth Advisory Council effective December 20, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Burdette, that Leslie Rosales be appointed to the Youth Advisory Council effective December 20, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 13 of 40 Res. No. 3300-12- There was presented a resolution concerning the City of Fort Worth's Financial 2005 Policy for the Southwest Parkway. City's Financial Policy for Assistant City Manager Marc Ott stated that the resolution needed to be Southwest amended as follows: Parkway Page 1, Paragraph 1: Delete "...and enhance..." Page 1, Paragraph 5: After "...Agreement,...", delete "which" and add "by which the parties mutually..."; add at the end of the paragraph: "...and (iv) specific mitigative measures that are an integral part of the project as reviewed in the NEPA process through the record of decision, and..." Page 2, Paragraph 1): After "...four...", add "...only..." and add to end of the paragraph"...for all NTTA system projects." Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Resolution No. 3300-12-2005 be adopted as amended. 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 XII There was presented Mayor and Council Communication No. OCS-1530 from Presentations by the Office of the City Secretary recommending that the City Council adopt a City Secretary resolution setting the regular zoning hearing for January 10, 2006. OCS-1530 Res. No. 3301-12- Council Member Wheatfall made a motion, seconded by Council Member 2005 Haskin, that Resolution No. 3301-12-2005 be adopted. The motion carried Setting Regular unanimously nine (9) ayes to zero (0) nays. Zoning Hearing Agenda Item XIII City Secretary Hendrix presented the Report of Certification Results of the Report of "Meet and Confer" petition submitted on October 31, 2005, as follows: Certification Results of"Meet CERTIFICATION OF "MEET AND CONFER" PETITIONS and Confer" PRESENTED ON OCTOBER 31, 2005 Petition Submitted on October 31, December 20, 2005 2005 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 14 of 40 The Honorable Mayor and Members of the City Council City of Fort Worth, TX The City Secretary's Office received a petition for "Meet and Confer" on Monday, October 31, 2005, worded as follows: FOR or AGAINST the following: "Authorizing the City of Fort Worth to recognize an employee association as a sole and exclusive bargaining agent for the municipal police officers and authorizing the City of Fort Worth to make agreements with the employee association as provided by state law." For this issue to be placed on a ballot for voter approval per Texas Local Government Code, Section 143.3015, a petition must be signed by a number of qualified voters of the municipality equal to at least ten percent of the voters who voted in the most recent Mayor's race. This number was determined to be 3,914. The petition contained 143 separate petitions, with a total of 5,927 signatures. STATUTORY REQUIREMENTS FOR THE PETITION The validation process was conducted in accordance with the provisions of the Texas Local Government Code, Section 143.3015 and the Texas Election Code, Chapter 277. Texas Local Government Code, Section 143.3015 requires: • The petition contain ten percent of the number of voters who voted in the most recent Mayor's election, which is 3,914 signatures • The dates on the petition must be within 180 days of the date the petition is filed. • The City Secretary shall by the 40th working day after the date a petition is presented to the governing body, certify to the governing body the number and percentage of registered voters signing the petition Chapter 277 stipulates that the petition must contain: • The signer's printed name • The signer's signature CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 15 of 40 • The signer's address and date of birth or the signer's voter registration number • The date of signing the petition • The county of residence if the territory from which the signatures must be obtained is situated in more than one county. • Comply with any other applicable requirements prescribed by law. The validation process was completed on Thursday, December 15, 2005. A total review of all signatures was the method used for the validation process, rather than a random sampling. FINDINGS Based upon the certification findings, of the 5,927 signatures presented: 3,785 (64 percent) are valid qualified registered voters in the City of Fort Worth 7 (.001 percent) were duplicate signatures 6 (.001 percent) were questionable as to illegible printed names and signatures 563 (nine percent) were names that could not be found in the Tarrant County Voter Database 1,566 (26 percent) were disqualified voters for the following reasons: 564 had no date of petition signing 849 were individuals that lived outside of the City limits 6 had no signatures 147 were eliminated for no address and/or birth date or certificate number CONCLUSION The petition was required to contain 3,914 signatures of registered voters. The petition contained 3,785 valid signatures of registered voters. Pursuant to the requirements of Local Government Code, Section 143.3015, the City of Fort Worth is not required to order an election under those provisions as the petition requirements are lacking by 129 signatures. No action was taken by the City Council on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 16 of 40 Agenda Item XIV There was presented a resolution authorizing the City Manager to seek and Res. No. 3302-12- distribute state funds, pursuant to Chapter 398 of the Local Government Code 2005 in support of the National Cutting Horse Association Triple Crown Event. Seek and Distribute State Council Member Burdette made a motion, seconded by Council Member Davis, Funds in Support that Resolution No. 3302-12-2005 be adopted. The motion carried of National unanimously nine (9) ayes to zero (0) nays. Cutting Horse Association Triple Crown Event Agenda Item XV There was presented a resolution authorizing the City Manager to seek and Res. No. 3303-12- distribute state funds, pursuant to Chapter 398 of the Local Government Code 2005 in support of the American Paint Horse Association World Show Event. Seek and Distribute State Council Member Wheatfall made a motion, seconded by Council Member Funds in Support Haskin, that Resolution No. 3303-12-2005 be adopted. The motion carried of American Paint unanimously nine (9) ayes to zero (0) nays. Horse Association World Show Event AGENDA ITEM XVI—REPORT OF THE CITY MANAGER G-15042 There was presented Mayor and Council Communication No. G-15042 from Payment to U.S. the City Manager recommending that the City Council authorize the City Department of Manager to approve the payment of $31,730.27 from Rental Rehab program Housing and income to U.S. Department of Housing and Urban Development (HUD) to Urban resolve the HUD audit finding on the Liberation Community's Revolving Loan Development for Fund; and approve the appropriation of$31,730.27 to the Model Blocks Minor Resolution of Home Repair Program contingent upon HUD increasing the City's Community Audit Finding on Development Block Grant line of credit. Liberation Community's Council Member Espino made a motion, seconded by Council Member Revolving Loan Burdette, that Mayor and Council Communication No. G-15042 be approved. Fund The motion carried unanimously nine (9) ayes to zero (0) nays. G-15043 There was presented Mayor and Council Communication No. G-15043 from Ord. No. 16738- the City Manager recommending that the City Council adopt an ordinance 12-2005 appointing Terry D. Lewis as Municipal Court Judge for the unexpired portion Appoint Terry D. of a two-year term commencing on January 3, 2006, and ending on March 31, Lewis as 2006, or until a successor is qualified and appointed in accordance with state Municipal Court law. Judge CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 17 of 40 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15043 be approved and Ordinance No. 16738-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette acknowledged the presence of Mr. Lewis in the audience. G-15044 There was presented Mayor and Council Communication No. G-15044 from Salary the City Manager recommending that the City Council authorize a five percent Adjustments for market adjustment to the compensation of the Municipal Judges, Deputy Chief Municipal Judges, Judge and Chief Judge effective October 1, 2005. Deputy Chief Judge and Chief Council Member Burdette made a motion, seconded by Council Member Judge Espino, that Mayor and Council Communication No. G-15044 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15045 There was presented Mayor and Council Communication No. G-15045 from Establish the City Manager recommending that the City Council adopt a Relocation Relocation Incentives Policy for businesses displaced by large public infrastructure Incentives Policy projects in the City. for Businesses Displaced by Council Member Espino made a motion, seconded by Council Member Davis, Public that Mayor and Council Communication No. G-15045 be approved. The Infrastructure motion carried unanimously nine (9) ayes to zero (0) nays. Projects (Council Member Espino stepped away from the dais.) G-15046 There was presented Mayor and Council Communication No. G-15046 from Verify Historic the City Manager recommending that the City Council approve the application Site Tax for verification of the Historic Site Tax Exemption on the land for the Exemption at 122- rehabilitation of the Highly Significant Endangered Structures at 122-128 East 128 East Exchange Exchange Avenue and 555 Elm Street. Avenue and 555 Elm Street Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15046 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 18 of 40 G-15047 There was presented Mayor and Council Communication No. G-15047 from Applications for the City Manager recommending that the City Council approve the applications Partial Approval from multiple property owners for partial approval of the Historic Site Tax of the Historic Site Exemption for properties located at 1325 South Lake Street, 1505 South Lake Tax Exemption Street, 1407 Lipscomb Street, 1417 South Henderson Street, 1632 South Henderson Street, 1916 6th Avenue, 1900 Alston Avenue, 2100 College Avenue, 731 Samuels Avenue, 1102 Clara Street and 1209 Elizabeth Avenue. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15047 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15048 There was presented Mayor and Council Communication No. G-15048 from Verify Historic the City Manager recommending that the City Council approve the applications Site Tax from multiple property owners for verification of the Historic Site Tax Exemption for Exemption on property located within the Fairmount-Southside Historic Properties District at: 1940 5th Avenue, 2256 5th Avenue, 1615 6th Avenue, 1711 6th Located within Avenue, 1812 6th Avenue, 1825 6th Avenue, 2018 6th Avenue, 1409 7th Avenue, Fairmount- 1804 Alston Avenue, 1901 Alston Avenue, 1714 College Avenue, 2100 Southside Historic College Avenue, 2260 College Avenue, 2104 Fairmount Avenue, 2108 District Fairmount Avenue, 2112 Fairmount Avenue, 1801 Hurley Avenue, 1935 Hurley Avenue, 2005 Hurley Avenue, 2234 Hurley Avenue, 1609 South Adams Street, 1900 South Adams, Street, 1401 South Henderson Street, 1405 South Henderson Street, 1412 South Henderson Street, 1721 South Henderson Street, and 1505 South Lake Street. (Council Member Espino returned to his chair at the dais.) Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15048 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15049 There was presented Mayor and Council Communication No. G-15049 from Verify Historic the City Manager recommending that the City Council approve the applications Site Tax of multiple property owners for verification of the Historic Site Tax Exemption Exemption for on property located at 2600 6th Avenue, 1324 East Lancaster Avenue, 1208 Multiple Elizabeth Boulevard, 1209 Elizabeth Boulevard, 2204 Huntington Lane, 4221 Properties Kenwood Court, 2228 Mistletoe Avenue, 2350 Mistletoe Boulevard, 731 Samuels Avenue and 3108 Winthrop Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 19 of 40 Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15049 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis stated that in the four previous items the Council was accepting applications and moving for approval of tax exemptions in accordance with the City's historic overlay law. She said this was an indication of how the program worked as it stimulated reinvestment in the historic neighborhoods and structures. G-15050 There was presented Mayor and Council Communication No. G-15050 from Use Eminent the City Manager recommending that the City Council: Domain Proceedings to 1. Declare that, based upon the studies and public meetings completed and Acquire Property held heretofore, the SH 121 (Southwest Parkway)Project is necessary in for Southwest order to meet the City's transportation needs as well as to provide for Parkway Project the public's convenience; 2. Declare that the public convenience and necessity require the acquisition of the 53 parcel (parcels 51, 53-ptl, 53-pt2, 55, 56-ptl, 56- pt2, 58-ptl, 58-pt2, 59, 60, 61-ptl, 61-pt2, 62-ptl, 62-pt2, 63, 65-89 located in the University Drive to Hulen Street area and 99-104, 104A, 105, 106, 107-ptl, 107-pt2, 109 located in the Oakmont to Dirks Road area) of real property for the right-of-way for the SH 121 (Southwest Parkway)Project; 3. Authorize the City Manager to attempt to acquire the 53 listed parcels for their fair market values through good-faith negotiations with the parcel owners and in the event such negotiations are unsuccessful, to acquire fee simple title to the parcels, as well as any remainders of such parcels where acquisition of same would be economically prudent, through eminent domain proceedings pursuant to Texas law; and 4. Approve and ratify the efforts and actions heretofore undertaken by the SH 121 Right-of-Way Team on behalf of the City to acquire the 53 listed parcels. Council Member Haskin asked for the City staff to provide an explanation of the term "eminent domain". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 20 of 40 City Attorney Yett responded that eminent domain allows the City to acquire property for right-of-way, if necessary, for a public street for public use. He stated that the City was required to negotiate in good faith with any property owner whose property was desired to be used for a public project. He added that only when such good faith negotiations fail does the City look at using the eminent domain to acquire the property and it had to be necessary for public use. Council Member Haskin requested further clarification on the reason the City does not just negotiate with the property owners first and then present this agenda item for the Council's consideration. City Attorney Yett pointed out that it could be done either way. He added these were done on a case-by-case basis and the City staff would keep the Council informed on what cases involve eminent domain. Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15050 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15051 There was presented Mayor and Council Communication No. G-15051 from Use CDBG Funds the City Manager recommending that the City Council authorize the City to Assist Low- Manager to use Community Development Block Grant (CDBG) Funds in the Income Evacuees amount of $150,000.00 to assist low-income evacuees affected by Hurricane Affected by Katrina with childcare, fuel/transportation, coats and other winter items, Hurricane Katrina clothes, medical aid, bedding and other essential household items and rental assistance. Council Member Wheatfall inquired if there was a repayment from the federal government for these funds or would the City be using their normal Community Development Block Grant (CDBG) dollars. He also inquired as to the fiscal impact to the City and what were the long-term effects on these expenditures when the City began to use more funds on guests from the Hurricanes Katrina and Rita. City Manager Boswell stated that staff would provide a report to the Council on this issue. Council Member Haskin inquired if the funds could be refundable to the City's account. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 21 of 40 Assistant City Manager Joe Paniagua stated that he did not think there was any intent of actually seeking reimbursement for these funds. He added that these were CDBG funds that were used in the public service category and an exception had been made by HUD that the City could go above the public service cap of 15 percent. He further stated that this appropriation went above the cap and HUD had approved the expenditure as it was being used on a case- by-case basis as the City came across families that were in dire need of other things that were not handled by either the federal dollars or that the City could be reimbursed on. Council Member Haskin expressed concern as she thought this would be a reimbursable or refundable amount of funding. She stated that these were dollars that were allocated to Fort Worth to help the City's needy and that an amendment needed to be added to the action on this item to state that the City requested a refund or reimbursement from the federal government. Council Member Wheatfall stated that the City needed to come up with a resolution to the federal government informing them of the City's stance to continue to help evacuees from Katrina, but at the same time advising that the City needs resources from the federal government to continue those efforts. He added that before the City begins to spend money that it will not be reimbursed for, which will be taking funding from the City's citizens to use in this endeavor, the City needed to make sure that clear language was provided to the federal government that the City would be cautious on future expenditures in terms of their reimbursability. Council Member Haskin interjected that this was not a large amount of funding and that the City received over $8 million in CDBG funds. City Manager Boswell stated Mayor Moncrief, the County Judge, and the Mayor of the City of Arlington, had sent letters to the Federal Emergency Management Agency that stated the City's position of what was expected in terms of their responsibility and what the City expected to be refunded. He added this was an unusual situation where HUD actually gave the City a waiver to exceed the cap in the personal services category and he did not know if the waiver provided for those funds to be used for similar purposes for existing residents. Council Member Haskin reiterated her concern that the City try to get the funds reimbursed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 22 of 40 Assistant City Manager Paniagua stated that the City expected a need as people come to the City to try and provide a coat, transportation, or another need not provided by federal reimbursement. He added that cognizant of Council Member Haskin's concern and others, the City could also look at other private funds as a resource as well as CDBG dollars. Council Member Haskin asked staff how the $150,000.00 figure was determined. Mr. Randle Harwood, Parks and Community Services Department Acting Director, stated that the figure was based on the Katrina applications received and the estimate made was based on a projection of those families that would be in need or would meet the 175 percent eligibility. He added that it was an estimate of what was anticipated would be available. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15051 be approved with an understanding that the City would seek reimbursement of these funds from the federal government and, that prior to using these dollars, the City would use private dollars first. Additionally, staff would provide the Council on-going reports of the expenditure of these funds. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15052 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-008, Continued Until to realign Chapin Road between Yoakum Street and a point at an unnamed January 10, 2006 minor arterial located approximately two miles west. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15052, as follows: There was presented Mayor and Council Communication No. G-15052 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-008, to realign Chapin Road between Yoakum Street and a point at an unnamed minor arterial located approximately two miles west. The general location of this amendment is north of IH-30, west of Chapel Creek, south of Old Weatherford and east of an unnamed minor arterial located approximately two miles west. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 23 of 40 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 Mayor and Council Communication No. G-15052 be continued until January 10, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15053 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-009, Amend Master to realign Haywire Ranch Road from White Settlement Road to a point at an Thoroughfare unnamed future east-west minor arterial located approximately three miles Plan, MT-05-009 north. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15053, as follows: There was presented Mayor and Council Communication No. G-15053 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-009, to realign Haywire Ranch Road from White Settlement Road to a point at an unnamed future east- west minor arterial located approximately three miles north. The general location of this amendment is north of White Settlement Road, south of Confederate Park Road, and east of Cattle Baron Road near the Parker/Tarrant County Line. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15053 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15054 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-010, Continued Until to revise the alignments of North Tarrant Parkway and Harmon Road in north January 10, 2006 Fort Worth in the area bordered by IH-35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south and to add a north/south major arterial from Bailey Boswell to Basswood Boulevard. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 24 of 40 Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15054, as follows: There was presented Mayor and Council Communication No. G-15054 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan (MTP), MT-05-010, to revise the alignments of North Tarrant Parkway and Harmon Road in the area bordered by IH-35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south. This MTP amendment also includes the addition of a new north/south major arterial that will connect Bailey Boswell to Basswood Boulevard. Will Gladbach Mr. Will Gladbach, 1200 Summit Avenue, Suite 600, appeared before Council in support of the proposed amendment. Gary DeFrain Mr. Gary DeFrain, 8235 Douglas Avenue #650, Dallas, Texas, representing Harmon 287 Partners, the property owners, appeared before Council in opposition of the proposed amendment. He stated they owned property on the south of U.S. 287 and at the northwest corner of the east/west and north/south portion of Harmon Road. He stated that the new alignment removed 215 feet of depth of the property that had been zoned for "F" Commercial and had an impact of 5.7 acres or 11 percent of the 52 acres that were zoned Commercial. While they understand the need for the traffic improvements, he requested that the City negotiate in good faith in regards to the alignment. He added that the owner had been approached by a major user in the area, but as the alignment continued to change, as late as yesterday, that it was difficult for them to assess the impact the realignment would have other than the land impact. Mr. Rauscher stated that meetings with Mr. DeFrain and other residents in the area were conducted and the result of those meetings was why the realignment continued to change. He added that the City tried to balance everyone's desires and that City staff had met with the Texas Department of Transportation and feel that this alignment achieved the goals of everyone concerned. (Mayor Pro tem Silcox stepped away from the dais.) There being no one else present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15054 be continued until January 10, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 25 of 40 (Mayor Pro tem Silcox returned to his chair at the dais.) P-10291 There was presented Mayor and Council Communication No. P-10291 from the City's Commercial City Manager recommending that the City Council authorize the purchase of Property and the City's commercial property insurance at a total premium of$1,079,486.59; Boiler and and authorize the purchase of the City's commercial boiler and machinery Machinery insurance at a total premium of$92,576.77. Insurance Policies Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10291 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10292 There was presented Mayor and Council Communication No. P-10292 from the Ord. No. 16739- City Manager recommending that the City Council authorize a purchase and 12-2005 installation agreement for an IBM Z890 Mainframe Computer, a DS 6800 Disk IBM Z890 Storage System and an Automatic Tape Library System from Cornerstone Mainframe Systems, Inc., for the Information Technology Solutions Department for an Computer, a DS estimated cost of $1,040,415.00; adopt an appropriation ordinance increasing 6800 Disk Storage estimated receipts and appropriations in the Information Systems Capital System, and Projects Fund in the amount of $1,040,415.00 from a three-year repayment Automatic Tape from the Information Systems Fund for the purpose of funding a purchase and Library System installation agreement with Cornerstone Systems, Inc., for the Information Technology Solutions Department; authorize the trade-in and removal of the existing IBM model 3000-H30 Mainframe Computer and ancillary components with the current estimated value of$4,000.00; and authorize the maintenance of hardware and lease of operating system software for three years. Council Member Wheatfall requested that staff provide a report of how long the City would be on mainframe systems, what system critical applications were on those mainframe systems, and the associated costs. Council Member Jordan also requested that the report include the security of City information. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10292 be approved and Appropriation Ordinance No. 16739-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 26 of 40 L-14155 There was presented Mayor and Council Communication No. L-14155 from the Parkland and City Manager recommending that the City Council approve acceptance of the Facility dedication of 6.379 acres, described as a tract of land situated in the Jose Improvements for Chirino Survey, Abstract No. 265, City of Fort Worth, Texas, of parkland and Harvest Ridge facility improvements from Harvest Ridge, L.P., for Harvest Ridge Addition, in Addition accordance with the 2000 Neighborhood and Community Park Dedication Policy. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14155 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2654 There was presented Mayor and Council Communication No. PZ-2654 from the Ord. No. 16740- City Manager recommending that the City Council institute and consider the 12-2005 adoption of an ordinance declaring certain findings; providing for the extension Voluntary of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of approximately 1.268 acre tract of land situated in the Josiah AX-05-029, Gill Walker Survey, Abstract No. 1600, Tarrant County, Texas, located west of 1.268 Harmon Road and north of US Highway 287 (Case No. AX-05-029, Gill 1.268), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. PZ-2654 be approved and Ordinance No. 16740-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2655 There was presented Mayor and Council Communication No. PZ-2655 from the Ord. No. 16741- City Manager recommending that the City Council institute and consider the 12-2005 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of approximately 14.985 acre tract of land situated in the Josiah Annexation Walker Survey, Abstract No. 1600, Tarrant County, Texas, located west of AX-05-030, Gill Harmon Road and north of US Highway 287 (Case No. AX-05-030, Gill 14.985 14.985), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 27 of 40 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. PZ-2655 be approved and Ordinance No. 16741-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2656 There was presented Mayor and Council Communication No. PZ-2656 from the Ord. No. 16742- City Manager recommending that the City Council institute and consider the 12-2005 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of approximately four acre tract of land situated in the William Annexation McCowan Survey, Abstract No. 999, Tarrant County, Texas, located east of AX-05-032,AIL Interstate Highway 35 and south of Heritage Trace Parkway (Case No. AX-05- 032, AIL), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2656 be approved and Ordinance No. 16742-12-2005 be adopted. The motion carried unanimously. PZ-2657 There was presented Mayor and Council Communication No. PZ-2657 from the Ord. No. 16743- City Manager recommending that the City Council institute and consider the 12-2005 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of approximately 21.9 acre tract of land situated in the N.S. Creed Annexation Survey, Abstract No. 1898 and the M.E.P. & P.R.R. Co. Survey, Abstract No. AX-05-033, Old 1143, Tarrant County, Texas, located north of State Highway 170, at the Denton Road southwest corner of Westport Parkway and Old Denton Road (Case No. AX- 05-033, Old Denton Road), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2657 be approved and Ordinance No. 16743-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 28 of 40 PZ-2658 There was presented Mayor and Council Communication No. PZ-2658 from the Ord. No. 16744- City Manager recommending that the City Council institute and consider the 12-2005 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of approximately 20 acre tract of land situated in the N.S. Creed Annexation Survey, Abstract No. 1898, Tarrant County, Texas, located east of Interstate AX-05-034, N.S. Highway 35 and north of State Highway 170, south of Westport Parkway (Case Creed Survey No. AX-05-034, N.S. Creed Survey), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2658 be approved and Ordinance No. 16744-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2659 There was presented Mayor and Council Communication No. PZ-2659 from the Ord. No. 16745- City Manager recommending that the City Council adopt an ordinance vacating 12-2005 a portion of Woolery Street from Lot 2, Block 1, Justin Addition to its northern Street Vacation terminus in Lot 1, Block 1, Seventh Street Station. VA-05-010 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2659 be approved and Ordinance No. 16745-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21183 There was presented Mayor and Council Communication No. C-21183, dated Amend CSC No. December 6, 2005, from the City Manager recommending that the City Council 28494 - Fort authorize the City Manager to amend the Purchase Agreement (Contract No. Worth South, Inc. 28494) with Fort Worth South, Inc., (Fort Worth South), and authorize the sale of City-owned property located at the northeast corner of Forest Park Boulevard and West Rosedale Street, in accordance with Section 272 of the Local Government Code, to extend the option period to February 28, 2006; and authorize the City Manager to execute an appropriate deed conveying the property to Fort Worth South, Inc., and record the deed, if the terms of the option agreement as amended are satisfied. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 29 of 40 Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21183 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21216 There was presented Mayor and Council Communication No. C-21216 from the Charles W. Evans City Manager recommending that the City Council authorize the City Manager to execute a contract with Charles W. Evans for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from October 1, 2005, to August 31, 2007. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21216 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21217 There was presented Mayor and Council Communication No. C-21217 from the Walter Fisher City Manager recommending that the City Council authorize the City Manager to execute a contract with Walter Fisher for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from October 1, 2005, to August 31, 2007. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21217 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21218 There was presented Mayor and Council Communication No. C-21218 from the The Franklin City Manager recommending that the City Council authorize the City Manager Partnership, to execute a contract with the Washington, D.C. firm of The Franklin L.L.C. Partnership, L.L.C., for personal services involving consultation and representation before the Congress of the United States, U.S. Federal agencies, and the White House Administration. The term of the contract will be from December 1, 2005, to November 30, 2006. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21218 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21219 There was presented Mayor and Council Communication No. C-21219 from the Lawrence Collins City Manager recommending that the City Council authorize the City Manager to execute a contract with Lawrence Collins for personal services involving CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 30 of 40 consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies and the Office of the Governor. The term of the contract will be from October 1, 2005, to August 31, 2007. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21219 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21220 There was presented Mayor and Council Communication No. C-21220 from the Aetna Life City Manager recommending that the City Council authorize the City Manager Insurance to execute the first (of three) one-year contract renewal options with Aetna Life Insurance for administration of the City's self-funded group health benefit program beginning January 1, 2006, and expiring December 31, 2006. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21220 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21221 There was presented Mayor and Council Communication No. C-21221 from the Tarrant County, City Manager recommending that the City Council authorize the City Manager Tarrant County to execute agreements with Tarrant County, Tarrant County College District, College District and Tarrant Regional Water District for participation in Tax Increment and Tarrant Reinvestment Zone No. 6, City of Fort Worth, Texas (Riverfront TIF). Regional Water District Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21221 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21222 There was presented Mayor and Council Communication No. C-21222 from the Tri-Tech City Manager recommending that the City Council authorize the City Manager Construction, Inc. to execute a contract with Tri-Tech Construction, Inc., in the amount of $1,563,196.00 for Keller Water System Transfer, Phase 1. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21222 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 31 of 40 C-21223 There was presented Mayor and Council Communication No. C-21223 from the Ord. No. 16746- City Manager recommending that the City Council authorize the City Manager 12-2005 to accept, if offered, and execute a grant contract with the Department of Health U.S. Department and Human Services, Health Resources and Services Administration, for up to of Health and $150,000.00 per year for a three year period to begin May 1, 2006, and end Human Services, April 30, 2009, for the Women Impacting Their Health Program; and adopt an Health and appropriation ordinance increasing estimated receipts and appropriations in the Resources and Grants Fund in the amount of$150,000.00, subject to receipt of the grant from Services the U.S. Department of Health and Human Services, Health and Resources and Administration Services Administration, for the purpose of funding FitFuture Fort Worth in the Public Health Department's Health and Promotion and Education section. Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21223 be approved and Appropriation Ordinance No. 16746-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21224 There was presented Mayor and Council Communication No. C-21224 from the Ord. No. 16747- City Manager recommending that the City Council authorize the City Manager 12-2005 to accept, if offered, and execute a grant contract with the United Way of United Way of Tarrant County for $36,500.00 for a period to begin January 1, 2006, and end Tarrant County December 31, 2006; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $36,500.00, subject to receipt of the grant from United Way of Tarrant County, for the purpose of funding the FitFuture Fort Worth Initiative of the Public Health Department; and waive the indirect cost rate (ten percent) to allow maximum use of funds for delivery of services to the community. Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21224 be approved and Appropriation Ordinance No. 16747-12-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21225 There was presented Mayor and Council Communication No. C-21225 from the William J. Schultz, City Manager recommending that the City Council authorize the City Manager Inc., d/b/a Circle to execute a contract with William J. Schultz, Inc., d/b/a Circle C Construction C Construction Company for the construction of the Turtle Creek 16 Inch Water Main Company Extension. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 32 of 40 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21225 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21226 There was presented Mayor and Council Communication No. C-21226 from the NTX Land City Manager recommending that the City Council authorize the City Manager Development, to execute a Community Facilities Agreement with NTX Land Development, L.P., by TF L.P., by TF Management Co., L.L.C., its general partner, for the installation of Management Co., water services to serve South Fork Addition, Phase I, a future single-family L.L.C., its General home development, located in far south Fort Worth. Partner Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21226 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21227 There was presented Mayor and Council Communication No. C-21227 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 29704 to execute Amendment No. 1 to the Interlocal Agreement (City Secretary — City of Contract No. 29704) with the City of Benbrook for the design and construction Benbrook of the Walnut Creek Sanitary Sewer Interceptor. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21227 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21228 There was presented Mayor and Council Communication No. C-21228 from the Delayed Until City Manager recommending that the City Council approve the acceptance of a After Executive lease agreement for natural gas drilling under 822.08 acres more or less of City- Session owned properties known as Fort Worth Spinks Airport located in Tarrant County with Four Sevens Oil Company for a two-year term. City Secretary Hendrix stated that it was decided in the Pre-Council meeting to delay action on this item until after the Executive Session. Public Hearing It appeared that the City Council set today as the date for the public hearing for Proposed the proposed amendments to the City of Fort Worth Charter. Mayor Moncrief Amendments to opened the public hearing and asked if there was anyone present desiring to be City of Fort heard. Worth Charter CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 33 of 40 Acting Assistant City Manager Richard Zavala presented a briefing on the Charter Review Committee's recommendations for amendments to the City Charter. He stated that the amendments being considered include five policy charges related to: 1. Council Compensation 2. Length of Council terms 3. Staggering of Council Terms 4. Term Limits 5. Number of Required Meetings He continued by stating that the Charter Review Committee recommended that: 1. A salary of $25,000.00 be established annually for Council Members and $29,000.00 for the Mayor. A minority opinion was issued by four members of the committee and opinion recommended $32,000.00 to $36,000.00 for the Council Members and $5,000.00 more for the Mayor. 2. The number of meetings be adjusted to not less than 44 meetings per year and not fewer than two meetings per month. 3. No changes with respect to length of Council terms, staggering terms, term limits. He added that this was the second public hearing on the Charter Review and an additional public hearing was scheduled for January 10, 2006. He further stated that January 24, 2006, was the last day the Council could call for a Charter election to be held on May 13, 2006. (Council Member Espino stepped away from the dais.) Assistant City Attorney Cynthia Garcia stated that the committee reviewed 15 technical amendments but decided to present eight to the Council as follows: 1. Election Date: Amend sections in Charter to mirror State law regarding election dates. 2. Residents who can run for Council: Clarify that a candidate for Mayor or City Council must have continuously lived in the Fort Worth City Council district for the 180 days before the election. 3. Holdover Provision: Amend section to provide that a Council Member shall holdover until a successor is duly qualified. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 34 of 40 4. Collection of School Taxes: Delete since the City no longer collects school taxes. 5. Taxation Rate: Amend to conform to section Chapter XXVII, Section 22, to avoid confusion. 6. Selling City-Owned Property: Amend to increase the value to $125,000.00 and increase the number of voter's signatures required for an election to 5,000. 7. Publication of Franchise Easements: Delete requirement that the City has to publish the entire ordinance and only require publication of a summary. 8. Timing of Swearing In Newly Elected Council Members: Amend the section to provide that the swearing in will occur at the next City Council meeting after canvassing results. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of the Charter amendments. He read a letter from the League of Women Voters requesting the Council add an amendment to the Charter that would require a vote by citizens of Fort Worth before parkland could be converted to public right-of-way. He provided copies of the letter for the Council. Mr. Dreyfus also conveyed Representative Lon Burnam's comments relative to the Council being disrespectful to citizens by placing the public hearing towards the end of the agenda, which resulted in some of the speakers and Representative Burnam having to leave for other commitments. He added that the City staff's report was also deficient as it related to the second illustration that showed the extension of Harley Street from the Trinity Parkway at University Drive to Montgomery. He asked that the illustration be drawn again to show it as its full size, the proposed arena, parking, the boundaries of the Botanic Garden, and then the new four lane road which would connect Montgomery near the freeway, through Trinity Park, the half mile from 7th Street to White Settlement to Trinity Uptown to Main Street. (Council Member Espino returned to his chair at the dais.) Mayor Moncrief responded that he was with Representative Burnam during the Council's bus tour of Districts 8 and 9 on December 19, 2005. He added that Representative Burnam did not mention or make a request to speak early on this issue; that if he had done so, it would have been moved up on the agenda. He further stated he took exception to Mr. Dreyfus' comments that the Council was being disrespectful. He stated that he and the League of Women Voters had every right to express their concerns; however, he wanted Mr. Dreyfus to understand that the Council affords the public that opportunity and that it was CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 35 of 40 mandated to have public input. He added that he also took exception that the Council was trying to do anything in secret. He further stated that Representative Burnam could have said to him on the bus at any time that he would appreciate speakers on this particular issue being heard early on the agenda; however, there was no mention made. Council Member Burdette echoed Mayor Moncrief s comments and stated that the letter Mr. Dreyfus read from the League of Women Voters, expressed their concern with the notification process. He added that Council would take no action on this issue until it had been through the full public hearing process and that the City was not on the verge of taking any action on this road. Council Member Jordan also echoed the comments of Mayor Moncrief and Council Member Burdette and added that the Council meeting agenda was always published in advance of the meeting. He added that there was no intent to belabor anyone or delay the public process. Council Member Wheatfall stated that the City Charter was the constitution of the City and that he was not sure if he was comfortable with adding the proposed language to the Charter. He added that the Council had to weigh whether or not they wanted to bind the City and all of the citizens in such a manner for future generations with regards to this particular policy. He further stated that the Council had often demonstrated that they had a very open process on various issues, and that if there were an occasion where it may be necessary for the productivity of the City to go through parkland, it would also be an open process to allow for public input. He added that parkland had been dedicated to the City from the developers so the amount of parkland could not always be guaranteed and that he wanted to ensure that if language was added to the Charter that it would not be prohibitive for future Councils in terms of future growth of the City of Fort Worth. Mayor Moncrief stated that he had reluctance to add this policy to the Charter. Eleanor Whitmore Ms. Eleanor Whitmore, 2524 Carnation, appeared before Council in support of the Charter amendments. She stated that many people were upset with the process and would like to vote on the issue of the protection of parkland. She provided letters addressed to Mayor Moncrief and Council Member Davis written by citizens in support of this position. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 36 of 40 AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-178 It appeared that the City Council, at its meeting of December 13, 2005, Approved continued the hearing of the application of River Park, J.V., for a change in zoning of property located in the 3400 block of River Bend Boulevard from "D" High Density Multi-Family Residential and "G" Intensive Commercial to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-178. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Tom Huffines Mr. Tom Huffines, 1501 Merrimac Circle, Suite 100, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of River Park, J.V., Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-178 be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial and with Site Plan required before any development can take place. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-214 It appeared that the City Council, at its meeting of December 13, 2005, Approved continued the hearing of the application of Baylor All Saints Medical Center, for a change in zoning of property located at 1300, 1600 8th Avenue and 1610 West Magnolia from "A-5" One-Family Residential and "E" Neighborhood Commercial to "G" Intensive Commercial, Zoning Docket No. ZC-05-214. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Davis stated that she had an opportunity to meet with Baylor All Saints Medical Center representatives and did find that the siting of the buildings planned were in accordance with what would have been required under an "MU-2" zoning case. She added that it created some difficulty to put "MU-2" in this particular area as the new buildings would occupy separately designated zoning areas on the property and the clean up would have been time consuming in terms of moving forward on the project. She further stated that she was comfortable with the applicant's commitment that the buildings would be built according to the site plan which was reflective of helping to encourage the pedestrian environment. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 37 of 40 There being no one present desiring to be heard in connection with the application of Baylor All Saints Medical Center, Council Member Davis made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-214 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on November 30, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-284 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox that Approved the application of Town Center Mall, L.P., for a change in zoning of property located at 4200 South Freeway, 250 East Bolt Street and 220 West Seminary Drive from "F" General Commercial, "K" Heavy Industrial and "PD-369" Planned Development for mixed use of Residential and Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial, plus rodeo arena. No building shall be erected or enlarged to exceed 45 feet in the initial 250 feet of the property measured from the north property line, or to exceed 80 feet for the remainder of the property, with waiver of site plan requested, Zoning Docket No. ZC-05-284, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis expressed appreciation to Mr. Legaspi and the City's Planning Department for working together to find the right zoning for rodeo arena. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 38 of 40 ORDINANCE NO. 16748-12-2005 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 XIX Mr. Ron Trevino, 6208 Comfort Drive, representing the Hulen Bend/Citizens Citizen On Patrol, presented a video presentation commemorating Officer Henry Presentations "Hank"Nava. Ron Trevino Joe Don Brandon Mr. Joe Don Brandon, P.O. Box 325, Euless, Texas, appeared before Council relative to problems he was experiencing with the Fort Worth Police Department and the impoundment of his vehicle. Council Member Hicks stated that she was aware of this issue and had made attempts to schedule a meeting with Mr. Brandon and Sergeant Jones from the Police Department, but the meeting did not occur for one reason or another. She asked that he meet with Assistant City Manager Joe Paniagua to discuss his concerns. Agenda Item XX It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:54 p.m. to: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20, 2005 PAGE 39 of 40 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) Legal issues concerning the disclosure requirements of Chapter 176 of the Local Government Code; b) Legal issues concerning the regulation of oil and gas drilling; c) Legal issues concerning the provision of fire services at Alliance Airport; d) Legal issues concerning delinquent hotel occupancy tax owed by the Fort Worth Plaza Hotel (formerly Ramada Plaza); e) Legal issues concerning mutual aid agreements; f) Legal issues concerning the development of a convention center hotel and other related economic development negotiations; g) 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. The executive session was adjourned at 2:49 p.m. Reconvened Mayor Pro tem Silcox reconvened the Fort Worth City Council into regular session at 2:51 p.m. with Mayor Moncrief and Council Member Hicks absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 20,2005 PAGE 40 of 40 C-21228 There was presented Mayor and Council Communication No. C-21228 from the Four Sevens Oil City Manager recommending that the City Council approve the acceptance of a Company lease agreement for natural gas drilling under 822.08 acres more or less of City- owned properties known as Fort Worth Spinks Airport located in Tarrant County with Four Sevens Oil Company for a two-year term. City Manager Boswell advised Council that staff was committed to bringing back a recommended amendment to the City's Minority/Business Women Enterprise policy which would speak to the issue of gas drilling contracts. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21228 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Hicks absent. Agenda Item XXI There being no further business,the meeting was adjourned at 2:56 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 10th day of January, 2006. Attest: Approved: Marty Hendrib Michael J. Moncrief City Secretary Mayor