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HomeMy WebLinkAbout2009/02/03-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 Present Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Mayor Mike Moncrief Staff Members Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tem Hicks called the regular session of the Fort Worth City Council to order at 7:03 p.m. on Tuesday, February 3, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Moncrief absent. IL INVOCATION® Past2LReLMartinez, aves of Faith y Church The invocation was provided by Pastor Rey Martinez, Waves of Faith Community Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 13, 2009 Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that the minutes of the regular meeting of January 13, 2009, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 2 of 33 V. SPECIAL PRESENTATIONS, NTRODUC 1.Reco2nition of Fort Worth Police Officers who Assisted at Recent Inau2ural Celebrations Mayor Pro tem Hicks stated that she attended the Presidential Inauguration as a representative of the City Council and she understood that there were no arrests made at the nation's capitol during the momentous occasion. She expressed appreciation to Chief Jeff Halstead and the Fort Worth Police Officers for their hard work. Chief Halstead expressed his appreciation to the dedication police personnel exhibited and introduced Captain Marty Salinas, one of the lead supervisors that hand picked the team of 102 police officers that attended the event. Captain Salinas stated that attending the inauguration was a great experience and advised that the police officers worked 16 to 17 hours a day in freezing temperatures, but it was an opportunity and experience that the team would cherish and not trade for anything. Council Member Espino expressed appreciation to Mayor Pro tem Hicks and the police officers for representing the City of Fort Worth. He congratulated them on being part of such a joyous occasion. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming nd Recent Events Council Member Moss expressed appreciation to the residents of District 5 for attending the Fort Worth Economic Summit held Saturday, January 31, 2009, at the Fort Worth Opportunity Center. He stated that the goal was to get a better understanding among the citizens of District 5 on how the economic development process took place and he believed the goal was met. He pointed out that it was the first time that many of the citizens had been to the Tarrant County College facility. He added that the Fort Worth Opportunity Center provided jobs for companies that had employment opportunities available and training for jobs that really existed. He also expressed appreciation to Commissioner Roy Brooks, Representative Marc Veasey, former City Manager Charles Boswell who was now part of Senator Wendy Davis's office and Congressman Michael Burgess's staff for coming out and supporting the Summit. Council Member Moss also recognized the young men of the Gentlemen's Society in the audience. He stated that the Society was a mentoring program whose mission was to empower young men to become healthy, productive members of society. He added that the program was open to all young men and that it was a pilot program that primarily targeted minority and low income neighborhoods. He advised that the Gentlemen's Society mentored and taught over 20 courses that had to be completed, and skills had to be mastered and demonstrated in the lives of those participating. He recognized Mr. Duane Washington, Director, Gentlemen's Society, and Mr. Darcy Coffee and Mr. Anthony Jackson, mentors for the program, and the students going through the program who were present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 3 of 33 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMEBERS AND STAFF Continued) Council Member Burns announced that the Regional Transportation Council and the North Central Texas Council of Governments would be holding public hearings regarding Tower 55 at 12:00 noon and 6:30 p.m. on February 18, 2009, at the Fort Worth Intermodal Transportation Center, 1001 Jones Street. He added that the meeting at 12:00 noon would be a brown bag luncheon and stated that an Open House would be held from 5:30 p.m. to 6:30 p.m. as well at the same location. He invited everyone to attend. Council Member Scarth announced that over 500 people participated in the 2009 Homeless Count on Thursday, January 29, 2009, including over 100 police officers from the Fort Worth and Dallas Police Departments. He added that the count was vitally important to the City's 10-year Homelessness Plan and expressed appreciation to all of those that volunteered. Mayor Pro tem Hicks advised that she had participated in the homeless count with Mr. Otis Thornton, Homelessness Coordinator, and added that it was enlightening and stunning to see homelessness so close to City Hall and the downtown area. She stated that she was pleased to see that Council was on the right road with dealing with the issue of homelessness in a comprehensive manner. She announced that the State of Homelessness Public Forum would be held on Thursday, February 5, 2009, at 9:00 a.m. at the Salvation Army Center, 1855 East Lancaster Avenue, to announce the results of the count. She added it would also be an opportunity to obtain information about homelessness in 2009 and the progress being made in Tarrant County and the many partners involved. She invited everyone to attend. Council Member Espino announced that he attended the opening of the Fort Worth Office of the U.S. Census Bureau, 3220 North Freeway, Suite 111. He pointed out that a census was performed every ten (10) years all over the country, and the Bureau was looking for workers to help with completing the count. He stated that an accurate account was important for policy makers in Washington, D.C. He added that Texas was expected to gain four (4) new congressional seats so it was important that every resident was accounted for. He further stated that he was going to be the chair of a complete count committee made of stakeholders throughout the City and more information would be forthcoming. He expressed appreciation to Ms. Angie Rush, Community Services Manager, Community Relations Department, and Mr. Eric Fladager, Planning Manager, Planning and Development Department, for their hard work. Council Member Burdette expressed concern with the parking problems associated with the Fort Worth Stock Show and other events that had taken place at the Will Rogers Memorial Complex. He announced that the City was moving forward with the plans to build the Western Heritage Garage, north of the Fort Worth Museum Science and History. He stated that the garage would add a significant number of new parking places in that area and would be completed before next year's Stock Show. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 4 of 33 Mayor Pro tem Hicks wished Council Member Burns a Happy 40th Birthday. 2.Recognition of Citizens There were no citizens recognized. VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. G-16443, G-16444, PZ-2812, C-23301, C-23302, C-23303, C-23304 and C-23306 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication Nos. L-14713 and L-14714 be withdrawn from consideration and G-16448 be continued to the February 10, 2009, Council meeting. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Chan2es in Membersh Boards and ss s Motion: On behalf of Mayor Pro tem Hicks, Council Member Espino made a motion, seconded by Council Member Burns, that Mr. Juna Allen Harris be appointed to Place 8 on the Community Development Council, effective February 3, 2010, and with a term expiring October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mr. Mike Brennan be appointed to Place 9 on the Community Development Council, effective February 3, 2009, and with a term expiring October 1, 2009, and Mr. Robert Adams be appointed to Place 9 on the Historic and Cultural Landmarks Commission, effective February 3, 2009, and with a term expiring October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Ms. Jane Summerford be appointed to Place 7 on the Library Advisory Board, effective February 3, 2009, and with a term expiring October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 5 of 33 (IX. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: On behalf of Council District 3, Council Member Scarth made a motion, seconded by Council Member Burdette, that Ms. Barbara Worthley be appointed to Place 3 on the Board of Adjustment- Residential, effective February 3, 2009, and with a term expiring October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. X.PRESENTATIONS AND/OR ,A S BOARDS,. COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. XI.RESOLUTIONS I.A Res oluti2fl_Accepting ec a atl S Pertaining to pity Services, Policies, Procedu res and Accommodations for the Deaf and Hard of Hearin Mr. Ronald K. Smith, Jr., 5009 Overton Ridge Circle, appeared before Council in support of the resolution. He expressed the need for interpretative services when needing police and ambulance response and stated that as a taxpayer, he was frustrated that there were not more services for the deaf and hard of hearing community. He pointed out that an emergency took place a few days ago and he had asked police in advance to bring an interpreter with them, but they did not bring one. He stated that he had to resort to written communication and it was not a pleasant experience. Mayor Pro tem Hicks requested that Mr. Smith meet with Assistant City Manager Tom Higgins to address those concerns. Mr. Hal Buie, 304 Natchez Trace, appeared before Council in support of the resolution. He stated that Fort Worth was one of the first cities that was making the effort to move forward with this initiative. He added that the resolution offered an opportunity for inclusion for all. He thanked the Human Relations Commission, Mr. Estrus Tucker, Chair, Police staff, and the City for leading the way in becoming more proactive. Ms. Paulette Rook, 4332 Barcelona Drive, appeared before Council in opposition of the resolution. She stated that she had attended the Lets Talk Fort Worth meeting that was held on January 13, 2009, and after waiting for three and a half hours, she was not given a chance to address her concerns. She pointed out that the recommendations listed in the resolution pertain more so to those who are deaf and use sign language to communicate. She advised that 95 percent of those with hearing loss use spoken language and not sign language to communicate. She stated that assisted listening devices and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 6 of 33 (XI. RESOLUTIONS Continued) communication access real time translation (CART) should be listed as appropriate recommendations for City operated facilities. She further added that video relay service would not be beneficial to those who were hard of hearing, but the older TTY technology and telephones with extra amplification would suffice. She agreed that closed captioning should be provided for all City broadcasts, including website programs. She further stated that employees who were hard of hearing should not be required to take classes that were internet based because those classes did not provide closed captioning. She concluded that the City of Fort Worth's employment practices and disability programs should be reviewed to ensure that the deaf and hard of hearing were not inadvertently discriminated against. Mayor Pro tem Hicks requested that Ms. Rook provide a copy of her statement so it could be reviewed further by City staff. Council Member Scarth stated that this was a learning process and that Council intended to make every effort for everyone to have access to City government. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Resolution No. 3709-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 2.A Resolution Rearmointin2 Mr. Jesse A2uilera to Place 12, Ms. Judith Dillard to Place 16 and Mr. Jason Hall to Place 18 on the Mayor's Advisory Commission on Homelessness, effective February 3, 2009, and terms expiring e to er 3 , 2 Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Resolution No. 3710-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. XIL AN ORDINANCE ORDERING A GENERAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF FORT WORTH, AS ON SATURDAY A MAY 2009,FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCIL MEMBERS FOR THE CITY OF FORT WORTH Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Ordinance No. 18448-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 7 of 33 XIIL CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that the Consent Agenda be approved as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. A.General - Consent Items 1.M&C G-16439 - Adopting Ordinance No. 18449-02-2009, Amending the Code of Ordinances of the City of Fort Worth, by Amending Article H of Chapter 15, "Gas" Entitled, "Gas Drilling and Production," Regulating the Drilling and Production of Gas Wells within the City to Provide Revised Regulations Regarding Distance, Noise, Gas Pipelines, and Technical Provisions; Providing that this Ordinance Shall be Cumulative of All Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing a Penalty Clause; Providing for Publication; Providing that Ordinance Numbers 18399-12-2008 and 18412-12-2008 are Repealed and Naming an Effective Date. 2.M&C G-16440 - Authorizing the City Manager to Receive and Consider Bids to Lease City- Owned Property known as the Lake Como Park Located at 3201 Lake Como Drive for Subsurface Drilling for an Off-Site Location. 3.M&C G-16441 - Appointing Mr. Derek Brown to Place No. 7 and Mr. Charles Rand to Place No. 1, of the Fort Worth City Plan Commission, to the Capital Improvements Advisory Committee for Transportation Impact Fees with Terms Expiriring on October 1, 2009 and Remove Mr. Christopher Scott Combest and Mr. Dennis Shingleton from Same. 4.M&C G-16442 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator Regarding the Application of Classic Carriages to Operate Two Horse-Drawn Carriages Within the City of Fort Worth; that Public Necessity and Convenience Require the Operation of Two Horse-Drawn Carriages Upon the City Streets, Alleys and Thoroughfares; Classic Carriages is Qualified and Financially Able to Conduct Horse-Drawn Carriages within the City; Classic Carriages has Complied with the Requirements of Chapter 34 of the City Code; Classic Carriages Presented Facts in Support of Compelling Demand and Necessity for Two Horse-Drawn Carriages; the General Welfare of the Citizens of the City will Best be Served by the Addition of Two Horse-Drawn Carriages Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18450-02-2009 Granting the Privilege of Operating Authority to Classic Carriage Service for the Use of the Streets,Alleys and Public Thoroughfares of the City in the Conduct of its Carriage Business Which Shall Consist of the Operation of Two (2) Horse-Drawn Carriages for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; Providing for Written Acceptance by Classic Carriage Service. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 8 of 33 (XHI. CONSENT AGENDA Continued) 7.M&C G-16445 - Adopting Supplemental Appropriation Ordinance No. 18451-02-2009 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $25,000.00 from Available Funds from Aramark Sports and Entertainment Services of Texas, Inc., to the Public Events Department for the Purpose of Improving Concession Operations, Purchases of Improvements or Equipment and for the Advertising, Marketing and Promotion of the City of Fort Worth Public Events Facilities; and Authorizing the Use of These Funds in Accordance with the City's Purchasing and Expenditure Guidelines. 8.M&C G-16446 - Authorizing the City Manager to Accept a Grant Amendment to City Secretary Contract No. 37505 from the Texas Department of Transportation in the Amount of $259,149.00 for Taxiway and Apron Improvements at Fort Worth Spinks Airport; Authorizing Use of Revenue Derived from Gas Well Drilling on City-Owned Airports in the Amount of $274,176.00 for the City's Local Match; Adopting Appropriation Ordinance No. 18452-02-2009 Increasing Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of$274,176.00 Upon Receipt of the Grant Amendment from the Texas Department of Transportation, for the Purpose of Transferring Said Funds to the Airports Grant Fund for the City's Local Match of a Grant Amendment to City Secretary Contract Number 37505; Authorizing Transfer of Funds from the Airports Gas Lease Project Fund to the Airports Grant Fund in the Amount of $274,176.00 for the City's Local Match; and Adopting Appropriation Ordinance No. 18453-02-2009 Increasing Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $533,325.00, Upon Receipt of the Grant Amendment from the Texas Department of Transportation, for the Purpose of Funding the Grant Amendment. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10915 - Authorizing a Purchase Agreement for Disaster Preparedness Material and Web Site Implementation with The Fowler Group for the Emergency Management Office for a Projected Annual Amount up to $77,928.00. 2.M&C P-10916 - Authorizing the Rejection of All Bids for Sealcoat and Restriping Services; and Authorizing These Services to be Rebid at a Later Date. 3.M&C P-10917 -Authorizing the Purchase of Trimble Global Navigation Satellite Systems and Accessories from Western Data Systems for an Amount up to $133,050.00. C.Land - Consent Items 1.M&C L-14704 - Authorizing the Execution of a Storm Water Facility Maintenance Agreement with Burlington Northern Santa Fe Railway Company for Property Located at Great Southwest Parkway and East of Blue Mound Road in North Fort Worth for the Construction of Three (3) Detention Pond Facilities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 9 of 33 (XHI. CONSENT AGENDA Continued) 2.M&C L-14705 - Approving the Acquisition of One Right-of-Way Easement and One Temporary Construction Easement Described as Jesse Billingsley Survey, Abstract No. 70, Hall Tract, Tarrant County, Texas, from Stephen and Rebecca Hall at 4030 Keller Hicks Road, Located in North Fort Worth, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $21,850.00, Plus an Estimated Closing Cost of $3,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 3.M&C L-14706 - Approving the Acquisition of One Right-of-Way Easement and One Temporary Construction Easement Described as Jesse Billingsley Survey, Abstract No. 70, Haynes Tract, Tarrant County, Texas, from Haynes Family Properties, at 3960 Keller Hicks Road, Located in North Fort Worth, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $47,500.00, Plus an Estimated Closing Cost of $5,000.00, is Just Compensation; and Authorizing the Acceptance of Recording of Appropriate Instruments. 4.M&C L-14707 - Approving the Acquisition of One Right-of-Way Easement Described as Jesse Billingsley Survey, Abstract No. 70, Rhodes Tract, Tarrant County, Texas, from Richard and Melinda Rhodes at 4184 Keller Hicks Road Located in North Fort Worth, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $33,000.00, Plus an Estimated Closing Cost of$4,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 5.M&C L-14708 -Approving the Acquisition of One Right-of-Way Easement and One Temporary Construction Easement Described as Jesse Billingsley Survey, Abstract No. 70, Ridley Tract, Tarrant County, Texas, from Kenneth J. Ridley at 4014 Keller Hicks Road Located in North Fort Worth, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $18,800.00, Plus an Estimated Closing Cost of $2,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 6.M&C L-14709 - Authorizing the City Manager to Execute a Pipeline Crossing License Agreement with Union Pacific Railroad at a One-Time Cost of$3,160.00 for the Installation of a Sanitary Sewer Pipeline Crossing Located West of East Loop 820 Between Tension Drive and Old Handley. 7.M&C L-14710 - Authorizing the City Manager to Execute a Pipeline Crossing License Agreement with Union Pacific Railroad at a One-Time Cost of$2,927.00 for the Installation of a Water Pipeline Crossing Located East of the Forest Park BoulevardNickery Boulevard Intersection. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 10 of 33 (XHI. CONSENT AGENDA Continued) 8.M&C L-14711 - Authorizing the City Manager to Execute a Pipeline Crossing License Agreement with Union Pacific Railroad at a One-Time Cost of$3,040.00 for the Installation of a Sanitary Sewer Pipeline Crossing Located East of the Forest Park Boulevard/Vickery Boulevard Intersection. 9.M&C L-14712 - Approving the Acquisition of One Right-of-Way Easement and One Temporary Construction Easement Described as Jesse Billingsley Survey, Abstract No. 70, Tarrant County, Texas, from Southwest Brick and Fireplace Company, Inc., at 4004 Keller Hicks Road Located in North Fort Worth, Texas, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $34,350.00, Plus an Estimated Closing Cost of $3,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. D.Planning & Zoning - Consent Items 1.M&C PZ-2810 - Adopting Ordinance No. 18454-02-2009 Vacating and Extinguishing Two Alleys and a Portion of a Third Alley Adjacent to Lots 9R and 10R, Block 21, Julia Martin Subdivision, an Addition to the City of Fort Worth, Tarrant County, Texas, Northeast of the Intersection of Broadway Avenue and College Avenue; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). 2.M&C PZ-2811 -Adopting Ordinance No. 18455-02-2009 Vacating and Extinguishing Portions of Two Alleys Adjacent to Lots 1 Through 4 and 11 Through 14, Block 27, L. J. Hawkins Subdivision of the Edward Heirs Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, Southeast of the Intersection of Peter Smith Street and 15th Avenue; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). 4.M&C PZ-2813 - Adopting Ordinance No. 18456-02-2009 Vacating, Abandoning and Extinguishing a Portion of a Public Access Easement Located Within Lot 5, Block B of Sundance Southwest Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, in the Vicinity of North Tarrant Parkway and Denton Highway; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). E.Award of Contract- Consent Items 5.M&C C-23305 - Authorizing the City Manager to Execute an Amendment to a Public Right- of-Way Use Agreement with Texas Midstream Gas Services, LLC, (City Secretary Contract No. 37456) to Construct Additional Pipelines Across Precinct Line Road, 155 Feet North of Randol Mill Road and Cooks Lane, Approximately 100 Feet North of Colbi Lane for an Additional One- Time License Fee of$10,080.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 11 of 33 (XHI. CONSENT AGENDA Continued) 7.M&C C-23307 -Authorizing the City Manager to Execute Change Order No. 1 in the Amount of$64,843.04 to City Secretary No. 36574, a Construction Contract with Stabile and Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacements on Portions of Sargent Street and Upton Avenue, Thereby Revising the Original Contract Amount to $957,280.34. 8.M&C C-23308 -Authorizing the City Manager to Execute Change Order No. 3 in the Amount of $14,291.00 to City Secretary Contract No. 35282, a Construction Contract with Stabile and Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacements on Portions of Avenue H, Avenue A, Newark Avenue, Avenue I, Court Street, Parkdale Avenue and Avenue G, Thereby Revising the Original Contract Amount of$2,693,673.25. 9.M&C C-23309 - Ratifying Execution of a Contract with Fort Worth Teen Court, Inc., for a One-Year Period Beginning October 1, 2008, and Ending on September 30, 2009, with Automatic Renewal for Additional One Year Periods as Long as Both Sides Agree to the Contract Extension to Make Teen Court Available to Juveniles Appearing Before the Fort Worth Municipal Court. 10.M&C C-23310 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 35740, an Unimproved Ground Lease Agreement with Mandatory Improvements with Texas Jet Partners, L.P., for Lease Site Hangars 34N and 35N at Fort Worth Meacham International Airport. 11.M&C C-23311 - Authorizing the City Manager to Execute an Improved Ground Lease Agreement Near the Terminal Building Identified as Lease Site `A', with Epic Helicopters, LLC, for Their Helicopter Flight Simulator at Fort Worth Meacham International Airport in the Amount of$262.17 Annually. 12.M&C C-23312 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $86,040.00, to City Secretary Contract No. 36788, a Professional Services Agreement with PricewaterhouseCoopers, LLP, for the Fort Worth Reliability Centered Maintenance Pilot Projects Thereby Increasing the Contract Amount to $211,040.00. 13.M&C C-23313 - Authorizing the Transfer of $27,668.50 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $16,490.66 and Sewer Capital Projects Fund in the Amount of $11,177.84; Adopting Appropriation Ordinance No. 18457-02-2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of $16,490.66 and in the Sewer Capital Projects Fund in the Amount of $11,177.84 from Available Funds, for the Purpose of Authorizing Amendment Number 2 to City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 12 of 33 (XHI. CONSENT AGENDA Continued) Secretary Contract No. 33869 with ARS Engineers, Inc., for Additional Engineering Services; and Authorizing the City Manager to Execute the Amendment Thereby Increasing the Contract Amount to $189,318.77. 14.M&C C-23314 - Authorizing the City Manager to Execute a Professional Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $440,050.00 for the Design and Development of Construction Documents for Phase I Development at Cobb Park. 15.M&C C-23315 - Authorizing the City Manager to Execute an Engineering Agreement with HNTB Corporation in the Amount of $54,294.00 for Parking Lot, Ballfield Renovation and Lighting and Park Improvements at Collett Park. 16.M&C C-23316 - Authorizing the City Manager or His Designee to Execute an Interlocal Agreement with Tarrant County in the Amount of $18,727.00 to Resurface the East Berry Branch Library Parking Lot. XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1705 - Notice of Claims for Alleged Damages and/or Injuries 2.00S - 1706 - Liability Bonds Approval Parkway Contractor Insurance Company Paul Patrick dba Patrick Construction Merchants Bonding Company (Mutual) El Cala Construction, LLC RLI Insurance Company Rog's Concrete-Texas, Inc. Western Surety Company Stovall Construction, Inc. RLI Insurance Company Bryant Vickery Plaza, LP Insurors Indemnity Company Circle L Construction, Inc. Hartford Casualty Insurance Company Fort Worth Excavating, Inc. SureTec Insurance Company End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 13 of 33 XV.REPORT OF THE CITY MANAGER 5.M&C G-16443 - Approve the Re guest of olonial Countrj Club to Temporarill Close t e 3700 Block of Countrj Club Circle, the 3700, 3800 a d 3900 Blocks of Mockingbird L ne Including Mockingbird Court, the 3600 and 3700 Blocks of Canter Street Between Highview Terrace es t to the T.C.U. Parkigg Lotand the 2000 Block of Rogers Avenue from Riverfront Drive to Colonial Parkwa3:, During the Cro ne Plaza Invitational Colonial Golf Tournament from Mav 25,2009,through May 3 Council Member Burdette stated that he had received complaints from citizens who had lived on Mockingbird Lane because part of the street had been used as a staging area and broadcast news equipment and vans were blocking the residents' private driveways. He requested that police monitor the area closely to ensure that the citizens were not inconvenienced during the tournament. Motion: Council Member Bums made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16443 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 6.MSC G-16444 - Authorize the TEffip2rar y Closure of 7th Avenue between Cooper Street and Pennsvivania Avenue from January 28, 2009, Until Mal 28, 2009, to acifitate New Construction of Cook Children's Medical Center. Council Member Jordan requested to recuse himself from voting on this issue due to a possible business conflict. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, to recuse Council Member Jordan from this agenda item. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. Motion: Council Member Bums made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16444 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. 3.MSC PZ-2812 - Adot)t Ordinance No. 18458-02-2009 Vacating, Abandoning and Extinguishing a Portio of a Public Access Easement East of Hicks Airfield Runwa3:Within ots 36R and 37R, Block 5, Hicks Airfield, Section 3, an Ad ition to Tarrant County, Texas a d Located Within the Extra Territorial Jurisdiction of the City of Fort Worth, Tarrant Con Texas; and Waive Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (MSC G-15624) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 14 of 33 (PZ-2812 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. PZ-2812 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on M&Cs C-23301, C-23302, C-23303, C-23304 and C-23306: Council Member Burns requested that all M&Cs be voted on at the same time. 1.M&+ C C-23301 -��+��Reiect All Bids for a Lease Agreement for Natural Gas Drilling Under 27.8 Acres, re r Less Y ty- e Property Located Tarrant Countv, Texas, Known as the A to esa Pump Station; and Ant orize Staff to Re-Advertise the Property at s F ture Time. 2.M&C C-23302 - Reject All Bids for a Lease Agreement for Natural Gas Drilling Under 10.5146 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Ellis Park; and Authorize Staff to Re-Advertise the Property at a Future Time. 3.M&C C-23303 - Reject All Bids for a Lease Agreement for Natural Gas Drilling Under 4.2046 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Linwood Park; and Authorize Staff to Re-Advertise the Property at a Future Time. 4.M&C C-23304 - Reject All Bids for a Lease Agreement for Natural Gas Drilling Under 2.4 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Nashville Police Station, Neighborhood Policing District 6; and Authorize Staff to Re-Advertise the Property at a Future Time. 6.M&C C-23306 - Reject All Bids for a Lease Agreement for Natural Gas Drilling Under 7.6 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Rosedale Plaza Park; and Authorize Staff to Re-Advertise the Property at a Future Time. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication Nos. C-23301, C-23302, C-23303, C-23304 and C- 23306 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 15 of 33 B. General 1.M&C G-16229 ® Consider a Waiver for a High-Impa t Gas Well Permit and Issuance of a as Well Pad Site Permit e sate y esa e e erati c., t Allow the ri i t he Greenwood-111 Gas Well on Pad-A of the Greenwood Lease Located at 3595 Rockwood Park Drive in the HRS J.P. Thomas Survev,Abstract 1525, Tract 3. (Conti ued from JaflMgEL6,,2002j (PUBLIC HEARING). Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. (Council Member Jordan left his place at the dais.) a.BgR2LL2LLjL_aLaff Mr. Rick Trice, Manager of Consultant Services, Planning and Development Department, appeared before Council and provided a staff report. He advised that Mr. Kevin Stawser, representing Chesapeake Operating, Inc., would provide an overview of the pad site and suggested solutions to address citizen concerns. b.Czen Presentations The following citizens appeared before Council in support of the waiver: Ms. Adelaide Leavans, Executive Director, Streams and Valleys, P.O. Box 101373 Ms. June Morton, 738 North Bailey Avenue (Did not speak) Mr. Patrick Woodson, 412 Crestwood Drive Mr. Phillip Bishop, 500 West 7th Street (Did not speak) Mr. Tom Roberts, 609 Edgefield Road Mr. Arlie Davenport, General Manager of Greenwood Cemetery, 4070 Clarke Ms. Judy Haskell, 621 Edgefield Road (Did not speak) Mr. Richard Nelson Haskell, 621 Edgefield Road (Did not speak) Ms. Krystal Fish, 608 Westwood Avenue (Did not speak) Ms. Dian Crowell Woodard, 721 Northwood (Did not speak) Mr. David Griffith, 3700 Sherwood Avenue (Did not speak) Ms. Gloria Canchola, 3821 Englewood Lane (Did not speak) Mr. L.P. Morton, 820 Northwood Road (Did not speak) Ms. Nila Morton, 820 Northwood Road (Did not speak) Mr. Tom Roberts, 404 North Bailey Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 16 of 33 (G-16229 Continued) Ms. Sheilah Grant, representing the Board of Directors for the Monticello Neighborhood Association, 3329 West 6th Street, presented a statement from the Monticello Neighborhood Association regarding their concern on the truck traffic route and that a more direct route through the cemetery be used. Mr. Troy McKelroy, 3708 Wildwood Road, appeared before Council in opposition for the waiver and submitted a petition from 137 residents in the Crestwood neighborhood who were in opposition of the waiver as well, along with photographs of the roadway through the cemetery and spoke in support of that route for the trucks. (Council Member Burns left his place at the dais.) The following individuals appeared in opposition of the waiver: Mr. Joe Bailey, 920 North Bailey Mr. Greg Hughes, 2544 Stadium Drive (Also provided handout information to the Council) Ms. Wendy Vann Roach, 1112 Scotts Way (Council Member Burns returned to his place at the dais.) Mr. Paul John Roach, 1112 Scotts Way, appeared before Council in opposition of the waiver. He stated he had also gathered 305 signatures in opposition of the waiver and stated that if added to the Crestwood signatures, there were 432 citizens of Fort Worth who had signed the petition. He referred to a section of the Texas State Health and Safety Code that stated dedicated cemetery property shall be used exclusively for cemetery purposes until the dedication is removed by court order or until the maintenance of the cemetery is enjoined or abated as a nuisance. He added that because the park was located in an unincorporated area, state law should be enforced by the City of Fort Worth. Mr. Phillip Bishop, 500 West 7th Street, clarified that according to the Texas Health and Safety Code a survey must be made into plats, plats must be delineated as to graves, and the graves, plats and dedication documents must be filed in the County records of the county in which the cemetery was located. He stated that until those obligations were met, the land was not considered to be dedicated cemetery property and that the 80 acres located in the northern part of the cemetery were not considered dedicated property. He added the property was owned by the cemetery, but no one could be interred on that property until it had been dedicated in accordance with the statute. Mayor Pro tem Hicks requested clarification as to why the route through the cemetery did not work. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 17 of 33 (G-16229 Continued) Mr. Bishop stated that the roads within the cemetery were not built for heavy trucks. He added people were there all of the time visiting the grave sites or attending funerals and the trucks would be a danger to public safety. He further stated that there was no road located from the 125-acre cemetery portion of the property down to the 80-acre portion of undedicated land. He pointed out that over 70 percent of the City's water that comes in from the northern lakes in large water mains that run through Greenwood Cemetery. c.Council Action Council Member Burdette stated that when the Barnett Shale was discovered within the City of Fort Worth, the Council had to look into what had to be done to allow for production of that gas and what could be done to protect the rights, safety and concerns of citizens on the surface. He advised that the Greenwood site had been brought before the Council because it was located within 600-feet of park land. He clarified that the gas well site was not located in the park and park land would not be trespassed upon. He added that the area was rarely used and there was a gate around the park. He further clarified that Council did not issue a mandate that another route be found as stated by one of the speakers. He added that at the September 9, 2008, there were concerns and problems that needed to be addressed and the Council had instructed Chesapeake to look for another route at that time. He agreed that approval was needed by the Corps of Engineers as pointed out by a speaker. He added that Chesapeake has addressed concerns regarding the saltwater pipelines, agreed that damages would be paid for by Chesapeake, and that portions of the homeowners would be included with royalties up front. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G-16229 be approved to grant the waiver and multiple well site permit to allow the drilling of the Greenwood 1-H gas well on Pad A of the Greenwood Lease located at 3595 Rockwood Park Drive, within 600-feet of Rockwood Park with direction to City staff to issue the drilling permit only after the saltwater pipelines from the Greenwood well site to the Oakwood Golf well site as permitted, installed and are ready for use pursuant to Section 15-47 of the Gas Drilling ordinance, except for a two (2) week period for each well when flowback saltwater from each well cannot be piped and must be trucked away from the drill site; Chesapeake shall not utilize trucks or other comparable forms of transportation or move saltwater from the drill site without prior written approval from the City of Fort Worth, and Chesapeake shall give no less than 72-hours written notice to the Gas Drilling Inspector of the date and time when the above referenced two (2) week period for each well would begin; the multiple well site permit may be issued when the applicable requirements of the drilling ordinance permits. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 18 of 33 (G-16229 Continued) Council Member Espino expressed concern that there was no compromise reached with the Monticello Neighborhood Association and regarding the truck route. He requested that Chesapeake look at all alternatives for truck routes, and asked that the hearing be continued to the February 17, 2009, Council meeting. Mayor Pro tem Hicks advised that February 17, 2009, would be a day meeting and requested that the hearing be continued to the March 3, 2009, Council meeting. Council Member Burdette responded to Council Member Espino and stated that 80 percent of the residents in Crestwood had signed leases. He added that 14 citizens appeared in support of the waiver and six (6) citizens appeared in opposition. He further stated that only two (2) of the six (6) in opposition lived in the Crestwood area. He pointed out that the Monticello Neighborhood Association was not part of Crestwood and would not be affected. Council Member Burns stated that he supported the continuation of the public hearing to allow time for Chesapeake to come up with alternative truck routes. Motion: Council Member Espino made a substitute motion, seconded by Council Member Burns, that the public hearing be closed, and that Mayor and Council Communication No. G-16229 be continued to the March 3, 2009, Council meeting. The motion carried unanimously five (5) ayes to one (1) nay, with Council Member Burdette casting the dissenting vote, Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 2.MSC G-16447 - Adopt an Ordinance Aniendin the Fort Worth Building Code and Residential e, bv Amendin2 Sections 7-47 and 7-62 of the Code of the Citv of Fort Worth j1986), to CorresR2pd with Amendments being Proposed to the Fire Code for Alarms, Sinoke and Heat Vents, Elec tr is Locks, Existing Buildings and ati ng Referenced Sta ar s; Providing for a Penalty Clause. Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16447 be approved and Ordinance No. 18459-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 19 of 33 3.It was the Consensus of the Council that May and Council Communication No. G-1 Adopt Ordinance Amending the Membership of the Construction and Fire Prevention Board of ADDeals as Recommended bv the 2008 Sunset Review be Continued Until the Februar3: 10, 2 009 Council M ee 4.M&C G-16449 - A an Ordinance Amending Chapter 2,"Administration" of the Code of the_City_2f Fort Worth (1986), as Amended by Amending Article XII "Fee Schedules," Section 2-321 "Zoning and Platting Atmfication Fees" to Add Fees Related to Urban Forestrv; Providing a Penalty Clause. Motion: Council Member Bums made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16449 be approved and Ordinance No. 18460-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 5.MSC G-16450 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund in the Amount of $1,554,834.00 in the ep art me is that are Over Budget, and Decreasing the Unreserved,.Undesignated General Fund Balance by the Same Amount for jhg_fur ose of Finalizing the Fis al Year 2007 Budget; Adopt a Supplemental Appropriation Ordinance Increasin2 Estimated Receit)ts and ADDroDriations in the Retirement Fund in the Amount of$652,884.00 for the Purpose of Finalizing the Fiscal Year 2007 Budget; and Adopting a Surmlemental ADDroDriation Ordinance Increasin2 Estimated Receit)ts and Awwormiations in the Culture and Tourism Fund in the Amount of $17,701.00 and Decreasing the Unreserved, es ate Culture and Tourism Fund bv the Same Amount for the Purt)ose of Finafizin2 the Fiscal Year 2007 Budget. Council Members Jordan and Espino commended all City staff involved with the Comprehensive Annual Financial Report for their hard work. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16450 be approved and Supplemental Appropriation Ordinance Nos. 18461-02-2009, 18462-02-2009 and 18463-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 20 of 33 6.M&C G-16451 - Adopt a Resolution Adopting Revised Pofic3: a d Guidelines for Public Improvements Districts. (Council Member Espino left his place at the dais.) Council Member Burdette stated that questions were raised about the meaning of the language restricting the administrative expenses of a PID not exceed 20 percent of the current year assessment. He advised that staff suggested the following amendment to clarify the language would be added to Article IV, Section I (c): "Management payments for administration of a PID should not exceed 20 percent of the current year assessment. Administrative costs consist of, but are not limited to, rent, office supplies, salaries, and other expenses necessary for the oversight of PID projects. Management payments under this provision are for the payment of oversight and expenses incurred in the establishment, administration, and operation of the District under Section 372.003(b)(14) of the Texas Local Government Code and are separate from payment for special supplemental services that may be authorized for the improvement and promotion of the District under Section 372.003(b)(13) of the Texas Local Government Code." Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16451 be approved and Resolution No. 3711-02-2009 be adopted as amended. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Espino absent. 7.MSC G-16452 - Adopt an Ordinance Amending the Code of the City Fort WorthTexas, (1986), as Amended, lo Establish a New Parking Meter to No. 4 — Ten Hour to b Amendinj Subsection (d)(4 of Section 22-191 "Establishment of Zones and Maximum Parkin Time Therein; Establishment of Fee1,:L Division_2,"Parking Meters," Article VI, "Stopping, Standing and Parking," Chapter 22, "Motor Vehicles." Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16452 be approved and Ordinance No. 18464-02-2009 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Espino absent. 8.MSC G-16453 - Consider a Waiver for a High Imt)act Gas Well Permit and Issuance of a Gas Well Pad Site Permit Re guest bl Chesapeake Operating, Inc., to Allow the Drilling of t e Pat)r)aiohn III Gas Well on Pad-A of the Par)r)aiohn Lease Located in the HRS J.P. Thomas Survel,Abstract 1525, Tract 2A, at 3 891 Ohio are Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 21 of 33 (G-16453 Continued) Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. (Council Member Jordan left his place at the dais, and Council Member Espino returned to his place at the dais.) a.Rer)ort of City Staff Mr. Rick Trice, Planning and Development Department, appeared before Council, provided a staff report and stated that the M&C should reflect that there were a total of 15 residential uses within 600 feet of the pad site and 12 of those uses were for mobile homes. Mayor Pro tem Hicks requested clarification as to the number of mobile homes and asked if the owners had received information pertaining to the permit. Mr. Trice stated that there were three homes and 12 mobile homes located near the site and everyone within the notice area had been notified. Mr. Kevin Strawser, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council and gave a brief overview of the pad site and suggested solutions to address citizen concerns. b.Citizen Presentations The following individuals appeared before Council in support of the waiver: Ms. Pat Pappajohn, 3808 Ohio Garden Road Mr. Fritz Sayer, 8325 Eagle Pass Drive Mr. Steve Pappajohn, 3803 Ohio Garden Road, appeared before Council in support of the waiver and stated that his mother's property address was 3801 Ohio Garden Road and not 3891 Ohio Garden Road as listed on the notice. Ms. Susan Alanis, Director, Planning and Development Department, advised that the notice would need to be reissued since the address was wrong on the M&C. She recommended that Council continue the public hearing to the March 3, 2009, Council meeting to allow for the 10-day notices. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 22 of 33 (G-16453 Continued) c.Council Action Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that the public hearing be closed, Mayor and Council Communication No. G-16453 be continued to the March 3, 2009, Council meeting. The motion carried unanimously seven (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) (See reconsideration of this M&C after M&C C-23329 on Page 30) 9.MSC G-16454 - Hold a Public Hearing Concerning the Renewal of the Berry/University Area as Fort W2ELh Neighborhood er e nt Reinvestment Zone No._13-_and Adopt an Ordinance e e i a e- esi ati a Certain Area in the ort Worth as "Neighborhood Emr)owerment Reinvestment Zone No. 13, City of Fort Worth, Texas," Pursuant to e Texas Property Redevelopm nt and Tax Abatement Act, Tax Code Chapter 3 2. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Janay Tieken, Development Project Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-16450 be approved and Supplemental Appropriation Ordinance No. 18465-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 23 of 33 10.M&C G-16455 - Hold a Public a ri t o Receive Public Comment Regarding Reallo ation of Program Year 2005 Community _pSvelonment Block Grant and HOME Grant Fu Armrove Reallocation of Pro2ram Year 2005 Communitv Development Block Grant and HOME Grant Funds to the St 2D Six Sunrise Edition Model Blocks Home Acquisition/Rehabilitation/Resale and New Construction Program; Approve the Administration of the Program by the Fort Worth Housing Finance Corporation; Authorize the City Manager to Execute a Contract with the Fort Worth Housing Finance Corpora ion to Administer the New Construction Program Consistent with Federal Regulations and City Policies and Procedures for the City's Model Blocks Program; and Authorize the City Manager to Amend or Extend the Contract as Needed, P ovi d the Amendment or Extension is Consistent with Applicable Laws And Regulations. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Ms. Janay Tieken, Development Project Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b.Czen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing be closed and Mayor and Council Communication No. G-16455 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. C.Purchase of Equipment, Materials, and Services 1.MSC P-10918 - Authorize Non-Exclusive Purchase Agreements for Lease and Rental of Vehicles it ter rise a Si a y DFW and Capps Rent A Car, Inc., for an An ual Cost up to $1,250,000.00. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10918 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 24 of 33 2.M&C P-10919 - Authorize Purchase Agre ments for Water Treatment Chemicals with DCC Inc., Texas Lime Company and Chemical Lime Company for up to $630,000.00. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10919 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 3.MSC P-10920 - Authorize a Purchase Amement for Irritation Eauiment, Parts AUd Regair Services with Horizon Distributors for up to $100,000. 0 Based on Discounts Offered from Manufacturer's Published Price List. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P-10920 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 4.MSC P-10921 - Authorize the Purchase of New Law Enforcement Pursuit Vehicles from khi tt r si a T errs nt CoUlty C Loonerative Contract 2007-190 for a to Cost u to $320942361.64. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10921 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 5.MSC P-10922 - Authorize Purchase Agreements with ANA LAB and ERMI Environmental Laboratories for Laboratory Ana1jjjKALServices for a to Amount gp_12 $136 154.00. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10922 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 6.MSC P-10923 - Ratify and Amend the Purchase Agreement for Information Technology IT Service Manager Software, Maintenance, Insta lation and Training wi It Alliance jji y up to $34,373.00; Authorize the Purchase of 20 Additional Concurrent User Licenses and Support fo Information Technolog3: Service Manager fro Alliance Technolog3: for $30,934.00; Amend the Purchase Agreement for Information Technology Service Manager Support and Maintenance with Front Range Solution USA, Inc., for 20 dditional Concurrent Licenses for n Ordinance Increasing Estimated BgigjRjLjflA_A2RE2jj!jations in the General Fund in the Amount of $24,695.88 nd Decreas the Unreserved, Undesignated Fu d Balance b3: the Same Amount, a nd Increasing Estim ate d Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $24,695.88 and RgiEtalipj the UnreseElLd, Undesi nate d Retained EaEfliflZE _hy 1he Same Amount for the t for IT Service Manag r Software. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 25 of 33 (P-10923 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10923 be approved and Supplemental Appropriation Ordinance No. 18466-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. D.Land 1.It was the Consensus of the Council that May and Council Communication No. L-14713 Authorize the Conversion of Approximately .089 Acres of Parkland at Highland Hills Park Located at 1600 Glasgow Drive, for the I stallation of a as Pip±line and Authorize the Execution of a License Agreement with Energy Transfer Fuel, L.P., in the Amount of$8,779.50 be Withdrawn from Consideration. 2.It was the Consensus of the Council that May and Council Communication No. L-14714 Authorize Conversion of Parkland at Sycamore Park Located at 2525 East Rosedale Street for the Purr)ose of Subsurface Drilling and the E traction of Natural Gas from an Off-Site Location be Withdrawn from Consideration. F.Award of Contract 1.M&C C-23317 - Authorize thL C �i�tMana erto Execute a Public Right-of-Wal se Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gathering Pipeline A ross Mosier Valley Road Located Approxim ate ll 299 Fee East of Rodolphus Ro d for a One Time License Fee of$1 ,380.00. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23317 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. (Council Member Moss left his place at the dais.) 2.MSC C-23318 - Authorize thL City Execute a Public Right-of-Way Use Amement with Barnett Gatherin2, L.P., to Construct and Or)erate a Natural Gas Gatheri Piyeline Across Skyline Drive Ayyroximately 37 Feet South of State Hig ►way 199 and a Second Crossin2 at Roberts Cut Off Road at Biwav for a One Time License Fee of$6,075 00. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23318 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 26 of 33 3.M&C C-23319 - Authorize the Ciy Yanager to Execute a Five-Year Development Agree ent Between the City and t e C & E Family Limited Partnership for the Application of Deve lopmen Standards in Lieu of Annexation for Property Located Near Old Granbury Road and Farm to Market Road 1187 in Unincorpo rate d Tarrant Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23319 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Moss absent. 4.MSC C-23320 - Authorize the City Manager to Execute a Public Right-of-Way Use Amement with Barnett Gathering, L.P., t Install and Operate a Natural Gas Gatherin Pipeline Across Bonds Ranch Road West of Harmon Road for a One-Time License Fee of Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23320 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Moss absent. 5.MSC C-23321 - Authorize the City Manager to Execute a Community Facilities Agreem nt with Northwest Indepgndent School District with City Participation in the Amount of $306,969.42 for the Installation of a 16-Inch/12-Inch Water Main and Construction Costs for One-Half of a Box Culvert for Draina2e Under Haslet Roanoke Road Along_jhL School Properjj Frontage t Serve Nort est e endent School District Middle School The following individuals completed citizen presentation cards in support of this issue; however they did not wish to address the Council: Robert Howman, 4333 Newton Street Mehran Aghili, 1800 State Highway 114, Justin Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23321 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 27 of 33 6.M&C C-23322 - Authorize thL C �i�tMana erto Execute a Public Right-of-Way se Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gatherin Pipeline A ross Randol Mill Road West of Precinct Line Road for a One Time License Fee of Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23322 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Moss absent. (Council Member Moss returned to his place at the dais.) 7.MSC C-23323 - Authorize the Execution of an Underground Pipeline License Agreement with Barnett GatheringL.P. for a 12-Inch Natural Gas Pipeline Across City Owned Progertv in the J. Foote Survey, A-534, Tract 3, on the East Side of Lake Worth South of Marion Sansom Park in the Amount of$38,281.95 r a Term of 20-Years. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23323 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 8.MSC C-23324 - Authorize the Execution of an Underground Pipeline License Agreement with Barnett_Gatherin L.P. for a 16-Inch Natural Gas Pipeline Across City Owned Properly in the A. Van Nordstrand Survev, A-1584, Tract 1B, on th North Side of the East End of Lake Worth in the Amount of$38,046.6 for a Term of 20 Years, Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23324 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 9.MSC C-23325 - Authorize the Ci �an�aer to Execute Amendment No. 3 in the Amount of $190 400.00 to En ineerin Services Agreement City Secretary Contract No. 34801 with Teague Nall and Perkins,Inc. for the Design of Keller-Hicks Road from 750 Feet West of Rid Street to Park Vista Boulevard and North Beach Street from Golden Trian2le to Keller-Hicks Road, Thereby Increasing the Total Amount to $966,438.00 Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23325 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 28 of 33 10.M&C C-23326 - Authorize the Transfer of$517,325 60 from the Water and SewEL_0p era ting Fund to the Water C Lapital Pro*ects Fund in the Amount of $311,958.00 and Sewer C Proiects Fund in the Amount of $205,367.60; AdoDt an ADDror)riation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Ca r jests e Amount of $311,958.0 and the Sewer Capital Projects F nd in the Amount of 52 5, 7. r om Available Funds for the Purt)ose of Executin2 a Contract with McClendon Construction r Street Reconstruction and Water and Sanitar nd Authorize the City Manner to Execute a Contract in the Amount of $1,380,471.27 with McClendon Construction C �omanlnc�. for Pavement Reconstruction,Water and Sanitary Sewer ReWacement on Byers Avenue (Belle Place to Clover Lane and Kenlev Street to Camp Bowie Boulevard), De ter Avenue (poroth Lane to Sutter Street), Lafayette Avenue (Clover Lane to Tremont Avenue) and Owasso Street ( restfine Road to Lafayette Avenue). Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23326 be approved and Appropriation Ordinance No. 18467-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 11.MSC C-23327 - Authorize the Transfer of $400,000.00 from the Water and Sewer Fund to the Water 'a it ProjgKjLf11gd and Authorize the Transfer of$600,000.00 fro the Water and Sewer Fund to the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance Increasing Estimated Receit)ts and Autwouriations in the Water 'a it Proiects Fund in the Amount of $400,000.00 and in the Sewer Capital Projects Fund in the Amount of $600,000.00, for the Purr)ose of Executin2 a Contract wit tractin2, r ' Surface Over lay 200 8- 12 at Various Locations Execute a Contract in the Amount of $1,630,834.00 with JLB ContractingL.P.,for 200 Working Days for Hot Mix Asp alt Concrete Surface Overlay 2008- 2. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23327 be approved and Appropriation Ordinance No. 18468-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 12.MSC C-23328 - Adopt an ADDrogriation Ordinance Increasing Estimated Receipts and Appropria ions in the Western Heritage Parking Garage Fund (Unspecified) i t he Amount of $24,423,833.46 and in the Parking Building Debt Service Fund in the Amount of $2,711,166.54 from the Sale of Combination Tax and Will Rogers Me orial Center Complex Parking Rev nue Certificates 2f Obligations,Series 2009,forte Purgose of Funding the Parking System at Will Rogers Memorial Center; Appropriate $21,110,103.46 for the Parking Garage construction Proiect; Authorize the City Manner to Execute a Construction Contract in the Amount of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 29 of 33 (C-23328 Continued) $162664,000.00 with W.G. Yates and Sons Construction Company to Construct Western Heritage Center; and An horite the LLty Manager to Execute a Resi n Procurement Agreement in the Amount of$500,000.00 with Events Facilities Fort Worth, Inc. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23328 be approved and Appropriation Ordinance No. 18469-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 13.MSC C-23329 - Authorize the City Manager to Terminate Grant Contract 2008-028050 Between the Texas Det)art ment of State Health Services and the City of Fort Worth and Execute All Necessary Formal Documentation; Authorize the City Manager to Transfer All Remaining Grant Funds and Non-DggjgKjgjgd Equipment to the Tarrant County Public Health Department and Execute All Necessar3: Form I Documentation; and uthorize the City Manager to Enter into an Interlocal Agreement with Tarrant County to Subcontract Two Grant-Funded Positions to the City's Emergency Management Office to Provide Select Grant-Funded Deliverables and Ensure the City Maintains its Current Capability to Respond to a Public Health�r Emergency, Including Mobilization of Six Points 2f_DisDensing_Sites;_Receipt and Distribution of Strategic National Stockpile Assets; and Pr vision of Training and Planning Activities to City Employees and Members of the Community. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23329 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. Mayor Pro tem Hicks requested that M&C G-16453 be reconsidered at this time. (Council Member Jordan left his place at the dais.) Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16453 be reconsidered at this time. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 30 of 33 8. M&C G-16453 - Consider a Waiver for a High Impact Gas Well Permit and Issuance of a Gas Well Pad Site Permit Request by Chesapeake Operating, Inc., to Allow the Drilling of the Pappaiohn 1H Gas Well on Pad-A of the Pappaiohn Lease Located in the HRS J.P. Thomas Survey,Abstract 1525, Tract 2A, at 3891 Ohio Garden Road. Ms. Susan Alanis, Director, Planning and Development Department, appeared before Council and advised that the well site had been noticed correctly and clarified that the address of 3891 Ohio Garden Road was issued by the Fort Worth Fire Department. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16453 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief absent and with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 14.M&C C-23330 - Authorize the Transfer of$1,488A 6.00 from the Water and Sewer Fund to the Sewer Car)ital Proiects ; A t an ADDroDriation Ordinance Increasm2 Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of$1,488,496.00 rte Purg2jt of Executing a Contract with Conatser Construction TX LP for Sanitary Sewer Rehabilitation Contract LXIX (69} — Part 2; and Authorize the City Manager to Execute the Contract in the Amount of$1,391744.00. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23330 be approved and Appropriation Ordinance No. 18470-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 15.M&C C-23331 - Authorize the City Manager to Execute a Contract in the Amount of $3,008,433.87 with S.J. is Construction of Texas, t r Son t side III 42-Inch Water Transmission Main from the McCart Street Pump Station to the Existing 36-Inch Water Main in the McPherson Boulevard/West Cleburne Road Intersection. Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23331 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 31 of 33 XVI.ZONING HEARING a.Cases ec e e r A r va l 1.jLapDeared that the City Council, at its meeti hearing for Zoning Docket No. ZCL07-208B,.City of Fort Worth, for Property Located at 650 & 800 John T. White Road; from "C' Medium Densitl Multi-famiI3: to ' A-10" One- Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Scarth made a motion, seconded by Council Member Espino, that the zoning hearing be closed and Zoning Docket No. ZC-07-208B be denied without prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 2.It armeared that the Cjjy_j� ci , at its meeting of January 6, 2009,continued the zoning hearing for Zoning Docket No. ZC-_08-186 Board- An L , Text Amendment: Urban Forestry Ordinance A mending the Comprehensive Zoning Ordinance by Amending Chapter 2,"R evict w Bodies" to Delete Section 2.105 "Urban Forestry Boar " and Add the Duties of the Urban Forestry Board to Section 2.102 "Urban Design Commission" and to Add Forestry Experience to the Qualifications of Members, a nd to Amend Chapter 6 PP eve ment Standards" to Delete Subsection K of Section 6.301 "Landscat)in2" and Re-Letter the Remaining Subsections, to Add a New Section, Section 6.302 Entitled "Urban Forestry" to Include and Revise the Contents of Subsection K Related to Tree Coverage, Preservation, Planting and Maintenance. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the zoning hearing be closed and Zoning Docket No. ZC-08-186 be returned to the City Zoning Commission for consideration of additions to the penalty/fee section. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 32 of 33 b.Cases Recommended for Denial 1.1LApDeared that the City Council, at its meeting_2f_November I 12008,continued the zoning hearing for Zoning Docket No. ZC- t 651 John T. White Road & 8600 Randol Mill Road; from "CF" Communit3: Facil ties and "E" Neighborhood Commercial to "CR" Low Density Multi-Family. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Scarth made a motion, seconded by Council Member Burns, that the zoning hearing be closed and Zoning Docket No. ZC-08-036 be denied without prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 2.1LAppeared that the City Council, at its meeting f No ve er mb 11 2008 c e the z i ontinud onn _2.................................. hearing for Zoning Docket No. ZC-08-105, Ra dol Mill Partners 11, Ltd., for Property Located at 650 & 800 John T. White Road North; fr m "C" Medium Densitl Multi-Famill and " R" Neighborh od Commercial Restricted to "A-5" One-Family and "C" Medium Densitv Multi- Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Scarth made a motion, seconded by Council Member Jordan, that the zoning hearing be closed and Zoning Docket No. ZC-08-105 be denied without prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. 3.It armeared that the Cjjy_j� ci , at its meeting of January 6, 2009,continued the zoning hearing for_Zoning_.,Docket No. ZC-08-_188, Jack 2199 Inc., for Property Located at 2000 Jacksboro Highway; r om "E" Neighborhood Commercial to "PD/E" Planned Development for All Uses in "E" Neighborhood Commercial Plus Auto Sales and Service. Site Plan Waiver Requested.. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2009 PAGE 33 of 33 (ZC-08-188 Continued) Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Espino made a motion, seconded by Council Member Moss, that the zoning hearing be closed and Zoning Docket No. ZC-08-188 be denied without prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief absent. XVII.CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to the homelessness count and the labor movement. XIX.ADJOURNMENT There being no further business, the meeting was adjourned at 9:29 p.m. These minutes approved by the Fort Worth City Council on the 1 01 day of February, 2009. Attest: Approved: I Marty drix Kathleen Hicks City Secretary Mayor Pro tem