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HomeMy WebLinkAbout2009/03/03-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 Present Mayor Mike Moncrief Mayor Pro tem 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 Staff 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 Moncrief called the regular session of the Fort Worth City Council to order at 7:00 p.m. on Tuesday, March 3, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Hicks and Council Member Burns temporarily absent. IL INVOCATION m Pastor Art B1ant 2n, Insr�iration Pint Baptist Ch rch The invocation was provided by Pastor Art Blanton, Inspiration Point Baptist Church. (Council Member Burns assumed his place at the dais.) III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. (Mayor Pro tem Hicks assumed her place at the dais.) IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 24, 2009 Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the minutes of the regular meeting of February 24, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 2 of 23 V. SPECIAL PRESENTATIONS, NTRODUC S, 1.Presentation by the ort Worth Commission for Women on "Women's Her Story Month" Ms. Marcy Paul, Chair, Fort Worth Commission on Women, 3411 Autumn Drive, appeared before Council to honor the outstanding women of Fort Worth. She stated that the Commission had done research for the need to bring back the Domestic Violence Police Unit to the City of Fort Worth and discussed the findings with members of the Council. She added that in 2009, the Commission would be studying the infant mortality rate in Tarrant County and would include the findings in the annual report. Mayor Pro tem Hicks presented Proclamations for Women's Her Story Month to the following: Ms. Sue Mahoney, Samitarian House, Outstanding Women in the Workplace Award Ms. Heidi Bruegel Cox, The Gladney Center, Outstanding Women in the Workplace Award Ms. Kathryn Bryan, Outstanding Woman Who Volunteers Award Ms. Alexandra Brown, Senior at the Fort Worth Country Day School, Outstanding Young Woman Volunteer Award Ms. Kim Parish, Fort Worth/Dallas Birthing Project, Outstanding Organization in Advocacy for Women Award VI.ANNOUNCEMENTS AND STAFF 1. Ut)comin2 and ece t Events Council Member Scarth announced that Public Improvement District No. 6 (PID 6) had recently received the Region Urban Forestry Award from the Cross Timbers Forestry Council for trees that had been planted and maintained in the PID 6 area around Arcadia Park. He expressed appreciation to PID 6 for contributing to the enhancement of the neighborhood. He stated that he had attended the Grand Reopening of the National Multiple Sclerosis Society Fort Worth Office, 4086 Sandshell Drive, on March 2, 2009. He pointed out that the Society provided different types of advocacy programs for persons with disabilities, including wellness and counseling services. Council Member Burns announced that the Regional Transportation Council Public Meeting regarding transportation, planning and funding for the region, would be held on March 5, 2009, at 6:30 p.m., at the Intermodal Transportation Center, 1009 Jones Street. He advised that plans for upcoming projects and that the Mobility 20/30 Plan would be discussed and invited everyone to attend. He announced that the Seniors and Law Enforcement of Tarrant County Seminar would be held on March 6, 2009, from 9:00 a.m. to 2:00 p.m., at the Masonic Temple, 1100 Henderson Street. He added that the focus of the seminar would be centered around senior fraud. He also announced that the Community Relations Department and the Fort Worth League of Neighborhoods held the 2008 Neighborhood CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 3 of 23 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Awards and stated that the Historic Fairmount Neighborhood Association won the Community Collaboration Award for the Fairmount Annual Home Tour that was held on Mother's Day every year. He added that the 2008 Neighborhood of the Year Award went to Ryan Place for increasing social involvement and connectivity in the neighborhood. Council Member Moss announced that the City of Fort Worth, Tarrant County Health Department, JPS Health Network and 97.9 the Beat Radio Station would be joining the AIDS Outreach Center for the Stop AIDS Leadership Project. He advised that this joint effort would help to increase AIDS awareness and provide HIV testing and education across the City of Fort Worth. He added that a Celebration of Life HIV Awareness Concert would be held on April 11, 2009, from 2:00 p.m. to 6:00 p.m., at Fort Worth Convention Center and invited everyone to attend. He stressed the importance of AIDS awareness and expressed concern with the increase of HIV and sexually transmitted disease cases throughout the City. He added that HIV testing would take place on March 7, 2009, from 12:00 noon to 6:00 p.m., at the AIDS Outreach Center, 801 West Cannon Street, March 14, 2009, at the Martin Luther King Community Center, 5565 Truman Drive, March 21, 2009, at the Tarrant County Health Department, 1101 South Main Street, March 28, 2009, at JPS Health Center, 3301 Stalcup Road, and April 4, 2009, at the Como Community Center, 4900 Horne. Mayor Moncrief stated that HIV and AIDS were quality of life issues and expressed concern with the significant increase of HIV and AIDS cases throughout the community and the country. He stressed the importance of awareness and education and encouraged Council Members and the audience to continue to spread the message. Council Member Jordan related a story about the courtesy he displayed to a fellow motorist within the Summer Creek Neighborhood and how that courtesy was returned back to him while on his way to City Hall. He announced that the Fort Worth League of Neighborhoods had chosen the Summer Creek Homeowners Association as the winner of the 2008 Fort Worth Pride Award. He expressed appreciation to Mrs. Teresa Weddell and Mr. Bob Weddell, Directors of Landscaping, for the hard work they had done to maintain the trees and flowers within the Summer Creek Neighborhood. He also announced that Mr. Glen Estes, President of the Candleridge Homeowners' Association, had received the 2008 Ben Ann Tomayko Good Neighbor Award. He expressed appreciation to Mr. Estes for his many years of volunteerism efforts within the Candleridge Neighborhood and recognized him as being present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 4 of 23 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Espino announced that the Fort Worth League of Neighborhoods had chosen the North Beverly Hills Neighborhood Association as the winner of the 2008 Fort Worth Spirit Award for invigorating the Crime Watch Program, securing sign toppers for the neighborhood, holding a neighborhood picnic and cleanup, and for their part in the Texans Against Crime Event. He recognized Mr. Tony Martinez, President of the North Beverly Hills Neighborhood Association, Mrs. Marylou Martinez, Castleberry ISD School Board Trustee, and Ms. Jennifer Trevino, Vice President of the North Beverly Hills Neighborhood Association. He expressed appreciation to Mr. Burl Hampton, President of the Far Greater Northside Historical Neighborhood Association, for working with Mr. Carlos Vasquez, Fort Worth ISD School Board Trustee, and the City of Fort Worth to obtain sign toppers that reflected the Kirkpatrick Wildcats logo. He expressed appreciation to Mr. Ron Shearer, President of the Diamond Hill Jarvis Neighborhood Advisory Council, for obtaining sign toppers that reflected the Diamond Hill Jarvis Eagle mascot. He also expressed appreciation to Ms. Betty Ward, President of the North Side Neighborhood Association, for obtaining sign toppers on Northwest 21st Street by North Side High School that reflected the North Side Steer logo. He also wished his wife, Elizabeth, a happy birthday. Mayor Moncrief requested that the audience sing Happy Birthday to Council Member Espino's wife. Council Member Burdette announced that he had attended the East Lake Neighborhood Association meeting held on March 1, 2009. He expressed appreciation to retiring president Ms. Shelly Harper and congratulated her for all of the hard work she had done for Lake Worth. He stated that he was very excited about the dredging of Lake Worth and efforts were being made everyday to get the project started. City Manager Fisseler announced that the Economic Forum scheduled for March 5, 2009, at 3:00 p.m. had been rescheduled and would be included as part of the Pre-Council Meeting on March 9, 2009, at 3:00 p.m. Mayor Moncrief stated that good news was received during the Pre-Council meeting about the budget. He stated that even with the economy the way it was, the City of Fort Worth was able to obtain a savings and the budget was currently flat. 2.Recognition of Citizens There recognition of citizens was included in the Upcoming Events portion of the meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 5 of 23 VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. C-23372 and C- 23373 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. C-23372 be withdrawn from consideration and C-23014 be continued until the April 14, 2009, Council meeting. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s There were no changes in membership on Boards and Commissions. X.PRESENTATIONS AND/OR 'A S FROM BOARDS,. COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. XI.CONSENT AGENDA Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16486 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 3601 Tarrant Road in East Fort Worth to Mr. Willie Davis in Accordance with Section 34.05 of the Texas Property Tax Code for the Total Amount of $42,995.64; and Authorizing the Execution and Recording of the Appropriate Instruments Conveying the Property to Complete the Sale. B.Purchase of Equipment, Materials and Services - Consent Items 1.M&C P-10929 - Authorizing Purchase Agreements for Ascorbic Acid with Joseph G. Pollard Company, Inc., d/b/a Pollardwater.com, and Simply Aquatics, Inc., for an Amount up to $60,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 6 of 23 (XI. CONSENT AGENDA Continued) 2.M&C P-10930 - Authorizing the Purchase of Audio and Video Equipment from Audio Visual Innovations, Inc., through General Services Administration Contracts for the Cable Communications Office for an Amount Not to Exceed $91,100.00; and Adopting Supplemental Appropriation Ordinance No. 18500-03-2009 Increasing Estimated Receipts and Appropriations in the Cable Communications Section of the Special Trust Fund in the Amount of $91,100.00, from Available Funds, for the Purpose of Purchasing Audio Video Equipment. 3.M&C P-10931 - Authorizing Payment for Emergency Repairs to High Mast Lighting Towers from MICA Corporation for $35,100.00. C.Land - Consent Items 1.M&C L-14722 - Authorizing the Acquisition of a 3.503 Acre Tract of Land Located at 7324 Trimble Drive, Fort Worth, Tarrant County, Texas, for the Expansion of Hallmark Community Park for the Total Amount of$43,000.00, Including Closing Costs; Authorizing the Acceptance and Recording of the Appropriate Instruments; and Dedicating the Property as Park Land Upon Conveyance. 2.M&C L-14723 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of$31,913.21 to the Lease Agreement for the Land Utilized as Parking Lot No. 7 Along Bomber Road for Lockheed Martin Corporation, City Secretary Contract No. 16491, to Include One (1) Additional Renewal Option. The Lease Currently Ends on June 30, 2013, and Staff Recommends an Additional Five (5)Years Should be Added, Beginning July 1, 2013, and Ending June 30, 2018. This will Increase the Annual Rental Rate to $6,011.00, Including an Annual Escalation of Three Percent; and Authorizing the Acceptance and Recording of Appropriate Instruments. E.Award of Contract- Consent Items 1.M&C C-23370 - Authorizing an Agreement for Software and Support from Input Systems, Inc., for Consumer Health Activities in the Code Compliance Department for an Amount Not to Exceed $29,107.20. 2.M&C C-23371 - Authorizing the City Manager to Execute a Professional Services Agreement with the ETC Institute for the 2009 Citizen Survey for the Design, Administration, Execution and Analysis of a Survey of Fort Worth Citizens' Attitudes, Opinions and Preferences Regarding the Quality, Desired Quantity and Priority of City Services, at a Cost Not to Exceed $46,040.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 7 of 23 (XI. CONSENT AGENDA Continued) 5.M&C C-23374 - Authorizing the City Manager to Execute a Lease Agreement with Carrol Yale for Approximately 2,400 Square Feet of Office Space Located at 5924 Boca Raton for the Police Department at a Cost of$20,400.00 per Year. 6.M&C C-23375 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $42,440.00 to City Secretary Contract No. 35817, an Engineering Agreement with Boydston Designs, Inc., for the South Crestwood Drainage Improvements thereby Revising the Total Contract Amount to $83,990.00. 7.M&C C-23376 - Authorizing the City Manager to Execute Amendment No. 2 to City Secretary Contract No. 30701, an Enhanced Community Facilities Agreement with Wide Open Spaces, Ltd., for Construction of Water and Sewer Facilities to Serve the Trinity Bluff District in the Amount of$36,222.50. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1710 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIIL REPORT OF THE CITY MANAGER F. Award of Contract- (Removed from Consent Agenda for Individual Consideration) 3.It was the Consensus of the City Council that Mayor and Council Communication No. C- 23372,Authorizing the City Manager to Execute a Lease Agreement with Riverside Commercial, LLC, for Approximately 550 Square Feet of Office Space in the McAdams Building Located at 3124 East Belknap Street for the Police Department at a Cost of $1.00, be Withdrawn from Consideration. 4.M&C C-23373 -Authorize t o City Manag er to xec tea Lease Agreement it It West Mount Moriah Missionary Bautist Church for Approximately 556 Square Feet of Office Sr)ace Located at 5335 Bonnell Street for the Police Department at a Cost of$4,800.00 per Year. Council Member Burdette explained the purpose for renting this space as being needed for the Police Storefront in the Como area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 8 of 23 (C-23373 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23373 be approved with appreciation. The motion carried unanimously eight(8) ayes to zero (0) nays. 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 Reauested bv Chesat)eake Or)eratin2, Inc., to 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 Surve3:, Abstract 1525, Tract 3 (C nti d from February 3, 2009) (PU LIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 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 this issue. a.Rer)ort of City Staff Mr. Rick Trice, Manager of Consulting Service, Planning and Development Department, appeared before Council, provided a staff report and introduced Mr. Kevin Strawser, representing Chesapeake Operating, Inc. b.Citizen Presentations 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 regarding the truck route. Mr. Bill Dalstrom, Land Attorney representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council and referred to a section of the Texas State Health and Safety Code that stated dedicated cemetery land shall be used exclusively for cemetery purposes. He added that the section did not include drilling sites and that removal of the dedication could only be used for cemetery purposes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 9 of 23 (G-16229 Continued) The following citizens appeared before Council in support of the waiver: Mr. Tom Roberts, 404 North Bailey Avenue Mr. Barcus Hunter, 3715 Cresthaven Terrace Mr. Richard Haskell, 621 Edgefield Road (Also provided a handout) Mr. Robert Traphagan, 621 North Bailey Avenue Ms. Adelaide Leavens, Executive Director, FW Streams and Valleys, P.O. Box 101373 Mr. James Stallings, 857 North Bailey Avenue (Also provided a petition with 365 signatures) Ms. Judy Haskell, 621 Edgefield Road Ms. Nila Morton, 820 Northwood Road and property owner of 720 Edgewood Road Mr. Rick Purselley, 104 Lindenwood Mr. Fred Closuit, 316 Crestwood Drive Mr. Bill Warner, 211 Crestwood Drive Mr. Walter Jones, 908 North Bailey Avenue (Also provided pictures to the Council) Ms. Almeda Anne Wilson, 1714 Briardale, Arlington, TX, and property owner of 860 Northwood Road Ms. Lori Roberts, 404 North Bailey Avenue Mr. Frank Anderson, 3725 Cresthaven Terrace Mr. Mason Chevaillier, 307 Crestwood Drive Mr. Edward Lange, 4015 Monticello Drive Mr. Patrick Needham, 433 Ridgewood Drive Mr. Phillip Bishop, 500 West 7th Street, Suite 1800 (Did not speak) Mr. David Kramer, 3732 Cresthaven Terrace Mr. Bob Jackson, 604 North Bailey Avenue Mr. L.P. Morton, 820 Northwood Road (Did not speak) Ms. Bea Hipp, 620 Eastwood Avenue Ms. Dian Woodard, 721 Northwood Road (Did not speak) Mr. Frank Diaz, 3700 Oaklawn Drive Mr. Arlie Davenport, representing Greenwood Cemetery, 4020 Clarke Avenue Ms. Susan Kedron, 301 Commerce (Did not speak) Mr. Jeff Grable, 3724 Cresthaven Terrace Mr. M. Richard Markovich, 405 North Bailey Avenue Mr. Patrick Woodson, 412 Crestwood Drive Mr. David Clay, 3709 Cresthaven Terrace Mr. Bart Zaino, 312 Eastwood Avenue Mr. Robert Holt, 829 Edgefield Road (Did not speak) Mr. Barry Green, 412 Ridgewood Road Ms. Tina McMackin, 409 Crestwood Drive, and property owner of 908 Northwood Road Ms. Marguerite Tobon-Markovich, 405 North Bailey Avenue (Did not speak) Mr. Robert Haskell, 420 North Bailey Avenue (Did not speak) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 10 of 23 (G-16229 Continued) The following citizens appeared before Council in opposition of the waiver and expressed concern with truck traffic, health and safety, deterioration of streets and saltwater pipelines. Ms. Jackie Liles, 716 Northwood Road Mr. Maurice Miller, 721 Edgefield Road (Did not speak) Ms. Margaret Miller, 721 Edgefield Road Mr. Joe Bailey, 920 North Bailey Avenue Mr. Paul John Roach, 1112 Scotts Way Ms. Wendy Vann, 1112 Scotts Way Mr. Ron Hay, 705 North Bailey Avenue (Also provided handout information to the Council) Ms. Gayle Davis, President of Crestwood Alliance of Neighbors, 845 North Bailey Avenue Ms. Margaret Elaine Carothers, 805 Northwood Road Ms. LaDonna Carrell, 844 North Bailey Avenue Ms. Wendy Hulen, 849 North Bailey Avenue (Did not speak) Ms. Olivia Horn, 837 North Bailey Avenue (Did not speak) Ms. Missy Gillispie, 4001 Shannon Drive Mr. Tyler Baker, 820 North Bailey Avenue Ms. Mary Crelia, 1000 North Bailey Avenue (Did not speak) Mr. Isidro Alvarado, 816 North Bailey Avenue (Not present in Council Chamber)Ms. Karen Simmons, 909 North Bailey Avenue Ms. Sheila Bishop, 820 North Bailey Avenue (Did not speak) Mr. Leland Hull, 820 North Bailey Avenue Mr. Larry Simmons, 909 North Bailey Avenue (Did not speak) Ms. Glee Lane, 3809 Wildwood Road (Did not speak) Ms. Michelle Lane, 3809 Wildwood Road (Did not speak) Mr. Gary Scott, 632 Eastwood Avenue (Also provided handout information to the Council) Ms. Sunny Webster, President of Monticello Neighborhood Association, 3501 Bristol Road (Also provided clarification on the position of the Monticello Neighborhood Association) Mr. Michael Black, 732 Northwood Road Mr. Jerrod Thompson, 812 Northwood Road Mr. Cody Henderson, 812 Northwood Road Ms. Leah Riley, 812 Northwood Road (Did not speak) Mr. Jerry Lobdell, 6336 Darwood Avenue (Also provided handout information to the Council) Mr. Billy Bradbury, 23 Legend Road Mr. Grayson Harper, 3605 Bellaire Drive South Mr. Troy McKelroy, 3807 Wildwood Road, (Also provided pictures and a petition containing 266 signatures in opposition of the waiver to Council) Ms. Dee Rankin, 821 North Bailey Avenue (Not present in Council Chamber) Mr. Greg Hughes, 2544 Stadium Drive Mr. Steven Johnson, 3733 Cresthaven Terrace CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 11 of 23 (G-16229 Continued) Mr. Charlie Campau, 12524 White Oak(Did not speak) Ms. Sandra Hay, 705 North Bailey Avenue (Did not speak) Mr. Robbie Bennett, 3309 West 4th Street(Did not speak) Mr. Andrew Werberig, 3733 West 7th Street(Did not speak) Ms. Juanita Alvarado, 816 North Bailey Avenue (Did not speak) Ms. Julie Overstreet, 848 North Bailey Avenue (Did not speak) c.Council Action Council Member Burdette stated that a drilling permit would not be issued until a saltwater pipeline was in place and addressed the concerns that had been stated related to the gas drilling ordinance, truck traffic, alternate truck routes and public health and safety. He advised that he had spoken with the Idlewild Development and the Little League Ballpark and was assured that they did not have an issue with the truck traffic. He further stated that Chesapeake had agreed to repair and restore the road being used once the work was complete. After a lengthy discussion, Mayor Moncrief, Mayor Pro tem Hicks and Council Members Moss, Burns, Scarth and Espino stated that they had been out to the pad site, had met with residents of the Crestwood Neighborhood, Chesapeake Energy and City staff and felt comfortable with the decision to approve the waiver. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16229 be approved to grant the waiver and multiple well site permit to allow the gas drilling and Multiple Well Site permit 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 and multiple well site permit only after the salt water pipeline from the Greenwood well site to the Oakwood Golf well site is permitted, installed and ready for use pursuant to Section 15-47 of the Gas Drilling Ordinance; other than site preparation necessary for the installation of the salt water pipeline as determined by the Gas Inspector, no pad site preparation or pad site construction may begin until the Multiple Well Site permit has been issued; 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 this drill site; Chesapeake shall not utilize trucks or other comparable forms of transportation or move salt water 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 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 Gas Drilling Ordinance are met. The motion carried seven (7) ayes to zero (0) nays and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 12 of 23 Mayor Moncrief recessed the regular session at 10:35 p.m. and reconvened at 10:50 p.m. (Council Member Jordan assumed his place at the dais.) 2.MSC G-16487 - Adopt a Resolution Amending Resolution No. 3697-12-2008 to Increase the Fiscal Year 2008-2009 Bud2et for Public Imt)rovement District No. 8 (Camp Bowie PID).,,.,, $864971.00 from Prior Years' Assessments and Clarifying the Tax Year in which the City will Not Levv Sr)ecial Assessments on Pror)ertv Located in the Camt) Bowie PID for the 2008 Tax Year. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16487 be approved and Resolution No. 3417-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 3.M&C G-16488 - Authorize the City Manager to Su mit a Revised 2005 and 2012 Noise LIR21HLL_ a r rt Worth Alliance Airport to t Federal Aviation Administration as Rewired by the Federal Aviation Regulation Part 150 Noise Compatibility Study Conducted by the URS C Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16488 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services 1.MSC P-10932 - Authorize Purchase Agreements for Janjj2EjALSu1�i�lies with Campbell Paper Companv gfld Empire Paper Companv for an Amount up to $950,000. 0. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10932 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.MSC P-10933 - Authorize Purchase Agreements with Avanti Landscape Management and Whitmore and Sons, Inc., to Pr vide Grounds Maintenance for City Parks for an Annual Amount Not to Exceed $176,590. 0. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. P-10933 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 13 of 23 F.Award of Contract 1.It was the Consensus of the Council that May and Council Communication No. C-2 Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Texas Midstream Gas Services, LLC, to Grant a License to Use Certain Public Right-of Way of the City of Fort Worth for the Purt)ose of Constructing, Maintaining_and.0r)eratin2 a Natural Gas Pipeline Along the Eass e of Alton Road CE2jajflg_EL1!airs Drive South, West Berrs Street, Westcliff Road South, Hilltop Drive,West Bi is Street and South Hills Ave nue.,be Continued Until the April 14, 2009 Council meeting. Mayor Moncrief stated that although Mayor and Council Communication No. C-23014 had been continued, there was a citizen who wished to address the Council. Mr. Greg Hughes, 2544 Stadium Drive, appeared before the Council in opposition to the pipeline. He stated that his neighborhood had been advised that the TCU gas well request was going to be pulled. He indicated that well site was not going to happen due to the large opposition that his neighborhood was going to pursue if the request continued. He advised that since the TCU well site was not going to happen, there was no need for this pipeline. He requested that the Council deny the request rather than continue the request to their April 14, 2009, meeting. 2.MSC C-23377 - Authorize the City Execute a Public Right-of-Way Use Amement with Ener23: Transfer Fuel, L.P., t Grant a License to Use Certain Public Right-of- Way of the City of Fort Worth for the Purpose of Operating a Natural Transmission Gas Pipeline A ross the Followin Nine Locations: East Seminary Drive, East of Cole Street; Oa Grove Road, North of Campus Drive; Alta Me a Boulevard East, Wes of Oak Grove Road; J el East Road oad- Oak Grove Road North of John Burgess Drive; ak , West of Oak Grove Grove Road North of Enon Avenue; Will Rogers Lane, orth of Everman Par ay, ver an Parkwav, West of Rog rs Boulever dLGarden_Acres Drive ne- ,West of Deer Creek Drive, for a Time License Fee of$4 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23377 be continued until the March 10, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays. 3.MSC C-23378 - Authorize the City Manager to Execute a Contract with Gibson and Associates Inc.,in the Amount of $525,847. 0 for 70 Working Days for Bridge Repair at the Following Seven Locations: Bryant Irvin Road North Bound Over Clear Fork Trinity River; Carswell Access Road Over West Fork Tr River; South M in Street Over Burfingto Northern Santa Fe Railroad; East Northside Drive Over West Fort Tri verton Park Road East Over Tributary of Trinity River; Overton Park Road West Over Tributary of Trinity Rivet-,and White Settlement Road as and West Bound Over West Fork Trin CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 14 of 23 (C-23378 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23378 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 4.MSC C-23379 - Authorize the City Manager to Execute Change Order No. I in the Amount of $304 600.00 to City Secretary Contract No. 37270 with Laughlev Bridge and Construction Inc., for Sanitary Sewer Repl ace ment on Briarhaven-Fieldcrest Drainage Improvements, th ere bv Increasing the ontract Amount to $2,268,33 20.00. . Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23379 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 5.MSC C-23380 - Authorize the City Manager to Execute_jgEngineering Agreement with Freese and e Amount o 523 ,2 Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23380 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 6.M&C C-23381 - Authorize the City Manager to Execute a Contract with Dirtco, d/b/a Styles C Lontracting,, in the Amount of $906,080.00 for 110 Working Days for Hot Mix Asphaltic Concrete Surface Overlay 2008-8 at 24 Locations. Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23381 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 7.MSC C-23382 - Authorize the Transfer of $600,000.00 from the Storm Water Ot)eratin2 Fund to the Storm Water Cauital Proiects Fund; A an Autwouriation Ordinance Increasing Estimated Receipts and_A2RK2RLjAjjons in the Storm Water Capital Projects Fund in the Amount of$600,000.00 from Available Funds, the Purpose of Executing a Contract with Tri Tech ConstructionInc. for Miscellaneous Storm Drain Improvements; and uthorize the City Manager to Execute the Contract in an Amount up to $1,000,000.00. Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23382 be approved and Appropriation Ordinance No. 18501-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 15 of 23 8.M&C C-23383 - Authorize the Transfer of 5 2, r om the Water and Sewer Operating Fund to the Water Capital Pro*ects Fund in the Amount of $1,037 46.00 and Sewer .L_ 7_ Capital Proiects Fund in the Amount of $424,768.00, Adopt an Appropriation Ordinance ifliEgaliaLEstimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of$1.,037,746.00 and in the Sewer Capital Projects Fund in the Amount of$424,768.00, from Available Funds,_for _the _Purpose of Authorizing a Co tract With M.E. Burns Construction, Inc., fo Water and Sanitary Sewer Repi cement Contract 2005, WS D (Cit3: Project Number 00386); and Authorize the City Manager to Execute the Contract in the Amount of$1,361,928.00. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23383 be approved and Appropriation Ordinance No. 18502-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 9.MSC C-23384 - Authorize the Transfer of$1,039,000. 0 from the Water and Sewer Fund to the Sewer a ita r jests A t o A r riati on Ordinance Increasing_Lstim ate d Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of$1,039,000.00 from Available Funds for the PuER2jL_gLjjgiHjjflg_A_Lontract with William J. Schultz, Inc., d/b/a Circle "C" Construction Comt)anv, for Sanitary Sewer Rehabijjjgjj2g_fjgg Enlargement Contract 2028A (City Project Number 01017 at Various Locations throughout the City of Fort Worth- and Authorize the Citv Manager to Execute the Contract in an Amount up to $120002000.00. Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23384 be approved and Appropriation Ordinance No. 18503-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 10.M&C C-23385 - Authorize the Citv Manner to Execute a Contract with Conatser Construction TX, LP, in an Amount up to $2, for Water Main Extensi ReW ace ments and Relocations, C ntract 2008A at Various Locations throughout the Citv of Fort Worth. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23385 be approved. The motion carried seven (7) ayes to zero (1) nays, with Mayor Pro tem Hicks casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 16 of 23 XIV.ZONING HEARING It appeared to the City Council that the Notice of Special 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 Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on February 12, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Cases Recommended for Approval 1.Zoning Doc et m 7 - CiL of Fort Worth Aviati a art e t, S t Northwest Loot) 820, West of N. Main Street, North of Long Avenue, and East of Angle Avenue, from "AG" Agricultural, "A- " e- a i 3:, "B" m a i j:, "E" Neighbo r hood Commercial, "I" Light Industrial, and "J" Medium Industrial to `°PIS/1" Planned Development for All Uses in 91191 Light strial Plus Aviation Related ses and xc i ng Bars/Nightclubs, Junk j ar s, Recvclin2 FacilitiesMotelsSexualiv Oriented Businesses and att Parlors, Site Plan Waiver Recommended. Council Member Espino stated that the zoning case was for the rezoning of Fort Worth Meacham International Airport and advised citizens of the northeast and north side of Fort Worth that the issue regarding the helipad was being explored and investigated. He advised that decisions regarding the helipad had to be come before the Aviation Advisory Board and before Council. He pointed out that the City needed a helipad and new helicopters, but the location presented was not sufficient and the zoning case would not affect further discussions regarding the helipad. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-197 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 2.Zoning,Docket No. ZC-09-001 - Texas Health Resources, 6700 Block of NW Loots 820, from "D" High Densitj Multi-Family to °° Intensive Commercial. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-001 be continued until the March 24, 2009, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 17 of 23 3.Zoning Docket No. ZC-09-002 - Hillwood Alliance Residential LP, 9500 through 9700 Block of Ray White Road; from "A-5" One-Family to "A-7.5" One-Family. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-002 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 4.Zoning Docket No. ZC-09-003 - JPM Diversified Enterprises, 312 Old Highway 1187; from "PD-363" Planned Deve!2pment for Manufactured Home Sales to "E" Neighborh od Commercial. Mr. Jerry Cunningham, 3604 South Cooper Street, appeared before Council in support of the zoning change. He stated that he was the architect for the project and zoning of the property to "E" Neighborhood Commercial would coincide with property adjacent to 312 Old Highway 1187, which was also owned by JPM Diversified Enterprises and currently zoned as Neighborhood Commercial. Mayor Pro tem Hicks requested clarification from Mr. Cunningham regarding the intended use for the property. Mr. Cunningham stated that it would be a mixed use for medical, retail and rehabilitation facilities. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and confirmed that the developer intended to use the property for a retail center and rehabilitation building. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-09-003 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. Mayor Moncrief advised that since Zoning Docket Nos. ZC-09-005, ZC-09-007, ZC-09-008, ZC-09- 009, ZC-09-010, ZC-09-011, ZC-09-012, ZC-09-13, ZC-09-014 and ZC-09-015 were City-initiated zoning cases for surplus properties, they would be considered at the same time. 5.Zoning Docket No. ZC-09-005 - City of Fort Worth Planning & Development, 4116 Avenue N; from "B" Two-Famil to "A-5" 0 6.Zoning Docket No. ZC-09-007 - City of Fort Worth Planning & Development, 1208 Shadow Lane; from "B" Two-Family to "A-5" One-Family. 7.Zoning Docket No. ZC-09-008 - City of Fort Worth Planning & Development, 1009 Haynes Avenue; from "B" Two-Family to "A-5" One-Family. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 18 of 23 8.Zoning Docket No. ZC-09-009 - City of Fort Worth Planning & Development, 3216 Ross Avenue; from "B" Two-Family to "A-5" One-Family. 9.Zoning Docket No. ZC-09-010 - City of Fort Worth Planning & Development, 3507 Ellis Avenue; from "B" Two-Family to "A-5" One-Family. 10.Zoning Docket No. ZC-09-011 - City of Fort Worth Planning & Development, 3216 Roosevelt Avenue; from "B" Two-Family to "A-5" One-Family. 11.Zoning Docket No. ZC-09-012 - City of Fort Worth Planning & Development, 3327 Sydney Street; from "B" Two-Family to "A-5" One-Family. 12.Zoning Docket No. ZC-09-013 - City of Fort Worth Planning & Development, 3421 Rufus Street; from "B" Two-Family to "A-5" One-Family. 13.Zoning Docket No. ZC-09-014 - City of Fort Worth Planning & Development, 3013 Ross Avenue; from "B" Two-Family to "A-5" One-Family. 14.Zoning Docket No. ZC-09-015 - City of Fort Worth Planning & Development, 2611 & 2617 Lee Avenue; from "B" Two-Family to "A-5" One-Family. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Zoning Docket Nos. ZC-09-005, ZC-09-007, ZC-09-008, ZC-09-009, ZC-09-010, ZC-09-011, ZC-09-012, ZC-09-13, ZC-09-014 and ZC-09-015 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 15.Zoning Docket No. ZC-09-016 - City of Fort Worth Planning and Development, Text Amendment: ress r Stations/Fracture s: An Ordinance Amending the Comr�rehensive Zoning Ordinance by Amending Chanter 5 °°Suril�lemental Use Standards" to Amend Section 5. "Natural Gas ress r Stations" to e ect the Revisions in the Gas Drilling Ordinance and Add a New Section 5.144 Entitled "Fresh Water Fracture Ponds`°, Amend Sections 4.603 "Residential District Use Table" and 4.803 "Nonresidential Use Table" of CC ter 4, "District Regulations" to Clarify that Lift Compressors and Gas Drilling and Production are Permitted in All Zoning Districts and to Permit Line Comuressor Facilities and Fracture Ponds by Right in Certain Zoning Districts; Amend Charter 9 "Definitions" to Add Definitions for Lift and Line Comrressors and Fresh Water Fracture Ponds (Continued from e r ary 17, 2009). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 19 of 23 (ZC-09-016 Continued) Ms. Susan Alanis, Director, Planning and Development Department, appeared before Council and advised that the current ordinance stated that the land use for a gas manufacturer processing storage facility was relegated to "K" Heavy Industrial and the proposed ordinance would not change the zoning. She added that the ordinance clarified that drilling would be allowed in all districts with supplemental standards and stand-alone fresh water frac ponds would be allowed in "I" Light Industrial, "J" Medium Industrial, "K" Heavy Industrial and "AG" Agricultural zoning. She pointed out that lift compressors were smaller and considered well equipment because they were located on the drilling site, while line compressors could be in place for many years throughout the production of a well to continue to push gas down the line. She added that line compressors were limited to industrial zoning and allowed under the current ordinance with special exception in other zoning districts. She advised that the current ordinance did not make a distinction between the compressor stations, but the proposed ordinance allowed for line compressor stations in "I", "J", "K" and "AG" zoning with special exceptions clarified in the use table, and lift compressor stations would be allowed in all zoning districts with supplemental standards. The following citizens appeared before Council in opposition to the Text Amendment and expressed concern with compressor stations being placed all over City, pipelines in residential and commercial areas, public safety, compressor noise, possible dangers of compressor stations, protected use standards, differences between lift and line compressors, environmental and public health issues, zoning language, saltwater pipelines and gas gathering lines: Mr. Glenn Neasbit, Chairman of Northeast Mineral Lease Task Force Group, 617 Cooks Lane (Also provided 116 letters of opposition to the City Council) Ms. Mary Dellis, 1613 Carl (Did not speak) Mr. Randy L. Dellis, 1613 Carl Mr. Jim Ashford, 6209 Riverview Circle Mr. Jerry Lobdell, 6336 Darwood Avenue (Also presented pictures to the City Council) Ms. Sally Neasbit, 617 Cooks Lane (Also provided handout information to the City Council and deferred her time to Ms. Esther McElfish) Ms. Esther McElfish, 7112 Martha Lane (Also presented pictures to the City Council) Council Member Scarth clarified that the Randol Mill Road location presented in the pictures by Ms. McElfish was zoned as commercial and not as light industrial, and it was a well site rather than a compressor site. He also advised that the site where the compressor was located was zoned as industrial and was about 1,900 feet from Mr. Ashord's residence. Mr. Charlie Murphy, 2005 Thomas Place Mr. Greg Hughes, 2544 Stadium Drive Ms. Debby Stein, 2417 Stadium Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 20 of 23 (ZC-09-016 Continued) Mr. Clyde Picht, 5016 Monarda Way Mr. Louis McBee, 5513 Aspen Lane Ms. Mary Polk, 3812 Halloran Street(Did not speak) Council Member Burdette stated that the Text Amendment would not amend the gas drilling ordinance, but would emphasize what the zoning ordinance said about the locations of lift compressors and line compressors. He advised that lift compressors were allowed in all zoning districts because they had to be located at the well site and, according to the gas drilling ordinance, well sites were allowed anywhere in the City. He pointed out that the issue was not with the horsepower but with noise and advised that the issue of noise had been addressed in the gas drilling ordinance. He added that line compressors were designed to further compress the gas back down into the pipeline from numerous wells which required more power and would create more noise. He further stated that Council was trying to make the zoning ordinance consistent with the gas drilling ordinance and commended City staff for all of their hard work. Council Member Jordan reiterated that the number one issue with the Gas Drilling Task Force was noise and that Council was trying to make the zoning ordinance parallel with the gas drilling ordinance. He requested confirmation on the issue of noise from Ms. Alanis. Ms. Alanis confirmed that the issue of noise was the main concern expressed by the Gas Drilling Task Force and that issue had been addressed in the gas drilling ordinance. Council Member Espino expressed that the City of Fort Worth was concerned with the quality of life of its citizens and cared about their public health and safety. He stated that the Council had attended workshops with the Railroad Commission and the Office of Pipeline Safety and advised that the State Legislative Program had asked the State to provide more tools that could be used such as green completion and noise management plans. He added that in Pre-Council held earlier today, there was a request for a joint meeting with the City Plan Commission, City Zoning Commission and the Historic and Cultural Landmarks Commission to review the land use throughout the City as it moved forward with the Comprehensive Plan in the upcoming year and to study the overlay of drill sites. He commended Council and City staff for working with neighborhoods to mitigate against adverse neighborhood impacts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 21 of 23 (ZC-09-016 Continued) Motion: There being no one present desiring to be heard in connection with the Text Amendment, Council Member Burdette made a motion, seconded by Council Member Scarth, that the zoning hearing be closed and Zoning Docket No. ZC-09-016 be approved and the following ordinance be adopted: ORDINANCE NO. 18504-03-2009 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO AMEND SECTION 5.140 "NATURAL GAS COMPRESSOR STATIONS" TO REFLECT THE REVISIONS IN THE GAS DRILLING ORDINANCE AND ADD A NEW SECTION 5.144 ENTITLED "FRESH WATER FRACTURE PONDS"; AMEND SECTIONS 4.603 "RESIDENTIAL DISTRICT USE TABLE" AND 4.803 "NONRESIDENTIAL DISTRICT USE TABLE OF CHAPTER 4, 'DISTRICT REGULATIONS" TO CLARIFY THAT LIFT COMPRESSORS AND GAS DRILLING AND PRODUCTION ARE PERMITTED IN ALL ZONING DISTRICTS AND TO PERMIT LINE COMPRESSOR FACILITIES AND FRACTURE PONDS BY RIGHT IN CERTAIN ZONING DISTRICTS; AMEND CHAPTER 9, "DEFINITIONS" TO ADD DEFINITIONS FOR LIFT AND LINE COMPRESSORS AND FRESH WATER FRACTURE PONDS; AMEND SECTION 4.1000 "LIGHT INDUSTRIAL ("I") DISTRICTS" TO PROVIDE A HORSEPOWER EXEMPTION FOR LINE COMPRESSORS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks casting the dissenting vote. b.Cases Recommended for Denial 1.Zoning Do c e - 53 - _Dorsey Interest LLC., 2711 West 'a ey, 28 0 Block - _ Merida, 2 c Lubbock; r PP- PP - a 1 y and PP APP Medium a Sity ti- a i y to PP PP Planned eve e t for PP PP Intensity Mixed Use to c e Residential Only. Site Plan Required. Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-08-153 be denied. The motion carried eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 22 of 23 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burns made a motion, seconded by Council Member Scarth, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18505-03-2009 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 eight(8) ayes to zero (0) nays. XV.CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon, x 1155 - Rworld Services Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to church flyers, and the homeless and poor communities being placed into the jail system for criminal trespass in areas that were designed to provide services for those in the community. He also briefed Council about a television show called Rebecca: MHMR Guilty based on a woman from Mental Health Mental Retardation (MHMR)that had been placed in the jail system and how Rworld Services was instrumental in possibly getting her charges reversed. He pointed out that the homeless community was filled with highly skilled people, NFL players, people with degrees in all sorts of fields, but yet the media portrayal of the homeless community focused more on street life instead of the actual person. He added that Rworld Services was currently editing community television clips for cable television to give a more accurate portrayal of the homeless and poor communities. Mayor Moncrief recognized Mr. Reaz Hyder as desiring to address Council; however, Mr. Hyder was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 3, 2009 PAGE 23 of 23 XVII.ADJOURNMENT There being no further business, the meeting was adjourned at 11:57 p.m. These minutes approved by the Fort Worth City Council on the 10th day of March, 2009. Attest: Approved: !4, 1L Marty H drix Mich e J. Mo 'ef City Secretary Mayor