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HomeMy WebLinkAbout2008/01/15-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:05 a.m. on Tuesday, January 15, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Reverend Ken Ehrke, Agape Metropolitan Invocation Community Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of January 8, 2008, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V There were no special presentations. Special Presentations Agenda Item VI Council Member Silcox reminded everyone that the City would be testing Announcements sirens for the outdoor warning system. He stated that on the first Wednesday of each month at 1:00 p.m., a 90-second test was conducted of the system; however, the remaining Wednesdays of the month at 1:00 p.m., only a five- second test would be conducted to basically test the battery in the system. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 2 of 22 Council Member Moss announced that a Community Police Forum would be conducted on January 28, 2008, from 7:00 p.m. to 8:00 p.m. at Dunbar High School and invited everyone interested to attend. He stated that, thanks to the Public Health Department, District 5 was beginning a series of workshops about learning how to make healthy food choices. He stated the workshops would begin on January 19, 2008, from 10:00 a.m. to 12:00 noon at the Minyard Food Store at 4245 East Berry Street. He added that although the overall focus of the workshop was to learn how to make healthy choices it would also assist people with limited income with information on how to eat cheaper. He stated the workshops would be held every month and that the workshops would also teach people how to navigate stores to make healthy choices and avoid high dollar food items when shopping. Council Member Jordan announced that a District 6 Town Hall meeting would be conducted on February 4, 2008, at 7:00 p.m. at North Crowley High School. He added that 25 staff agencies would be represented and that updates would be provided relative to traffic and development in the City. He encouraged everyone in District 6 and the City to attend. Council Member Scarth announced that a District 4 Town Hall meeting would be conducted on January 17, 2008, at 7:00 p.m. at the North Fossil Hill Middle School and encouraged everyone in District 4 to attend. Agenda Item VII There were no items removed from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that the original version of Mayor and Council Continued/ Communication No. G-16003 be withdrawn from consideration. He advised Withdrawn By Staff that the Council would take action on a revised version of the M&C. Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1640 M&C OCS-1640 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-16018 M&C G-16018 - Authorizing the City Manager to execute a contract with Repair Parking Lots Reliable Paving, Inc., in the amount of$46,966.00 to repair two parking lots for for West Division the Police Department West Division Headquarters located at 3525 Marquita. Headquarters (Note: This agenda item was reconsidered by the City Council. See page 8.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 3 of 22 P-10710 M&C P-10710 - Authorizing the City Manager to execute Cooperative Goods and Services Purchasing Agreements for goods and services between the City of Fort Worth, local governments and local cooperative purchasing organizations authorized by the Texas Local Government Code. P-10711 M&C P-10711 - Authorizing the purchase of a pump control valve at a cost of Pump Control Valve $66,381.00 from GA Industries, Inc., for the Water Department. P-10712 M&C P-10712 - Authorizing a purchase agreement for loop detector Loop Detector replacement services with Durable Specialties, Inc., for the Transportation and Replacement Public Works Department; and authorizing the City Manager to execute Services interlocal agreements allowing other government entities to participate in this bid award in accordance with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation." P-10713 M&C P-10713 - Authorizing purchase agreements for traffic control camera Traffic Control systems from Texas Highway Products, Ltd., and Paradigm Traffic Systems, Camera Systems Inc., using Texas Department of Transportation agreements for the Transportation/Public Works Department. P-10714 M&C P-10714 - Ratifying an emergency purchase from Sanders Plumbing, Demolition and Inc., in the amount of $27,814.45 for demolition and reconstruction services Reconstruction related to the north concession stand at the Will Rogers Memorial Center for Services the Public Events Department. L-14454 M&C L-14454 - Authorizing and accepting the acquisition of one permanent Acquire Permanent water main easement and one temporary construction easement described as a Water Main strip of land out of the I. Power Survey, Abstract No. 1239, Tarrant County, Easement and Texas, from Bodin Concrete, L.P., located at 9500 Oak Grove Road, Fort Temporary Worth, Tarrant County, Texas, for the construction of the South Side II Water Construction Transmission Main (DOE 4083), in the amount of $343,800.00, plus an Easement for Construction of estimated closing cost of $7,500.00; and authorizing the acceptance and South Side II Water recording of appropriate instruments. Transmission Main L-14455 M&C L-14455 - Authorizing the direct sale of a tax-foreclosed property Sale of Tax- described as Lot 46 and east 4-feet of Lot 47, Block 8, Frisco Addition, at 1901 Foreclosed Property West Morphy Street in accordance with Section 34.05 of the Texas Property Tax Code to VGA Leasing, LP, in the amount of$6,655.00; and authorizing the City Manager to execute and record the appropriate instruments (DOE 920) conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 4 of 22 L-14456 M&C L-14456 - Accepting the dedication of a 2.3237 acre portion of parkland Accept Dedication and facility improvements situated in the Peter Schoonover Survey, Abstract of Parkland for No. 1405, and being a portion of a 9.89 acre tract conveyed to FW Village, Rockwood Park Ltd., Tarrant County, Texas, in accordance with the Neighborhood and Community Park Dedication Policy for Rockwood Park. C-22617 M&C C-22617 - Authorizing the transfer of$73,495.00 from the Storm Water Ord. No. 17948-01- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 2008 Ordinance No. 17948-01-2008 increasing estimated receipts and appropriations LopezGarcia in the Storm Water Capital Projects Fund in the amount of $73,495.00 from Group, Inc. available funds, for the purpose of executing an engineering agreement with LopezGarcia Group, Inc., for the Carten Street Outfall Erosion Protection Project (City Project No. 00673); and authorizing the City Manager to execute an engineering agreement with LopezGarcia Group, Inc., in the amount of $63,908.00 for the Carten Street Outfall Erosion Protection Project. C-22618 M&C C-22618 - Authorizing the transfer of$87,265.00 from the Storm Water Ord. No. 17949-01- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 2008 Ordinance No. 17949-01-2008 increasing estimated receipts and appropriations LopezGarcia in the Storm Water Capital Projects Fund in the amount of $87,265.00 from Group, Inc. available funds, for the purpose of executing an engineering agreement with LopezGarcia Group, Inc., for the Cooks-Ederville Culvert Erosion Protection Project (City Project No. 00667); and authorizing the City Manager to execute an engineering agreement with LopezGarcia Group, Inc., in the amount of $75,883.00 for the Cooks-Ederville Culvert Erosion Protection Project. C-22619 M&C C-22619 - Authorizing the City Manager to execute Change Order No. 3 Change Order No. 3 to City Secretary Contract No. 33929 with McClendon Construction Company, to CSC No. 33929 - Inc., to include drainage improvements on Harlanwood Drive (Lynncrest Drive McClendon to Preston Hollow Road) (City Project No. 00150) in the amount of$43,160.50, Construction thereby increasing the contract amount to $1,414,842.75. Company, Inc. C-22620 M&C C-22620 - Authorizing the City Manager to execute a contract with Conatser Conatser Construction TX, LP, in the amount of$846,725.00 for construction Construction TX, of the Como Pump Station 30-inch Water Transmission Main (City Project No. LP 00190). C-22621 M&C C-22621 - Authorizing the City Manager to execute Change Order No. 5 Change Order No. 5 to City Secretary Contract No. 28243 with Mike Albert, Inc., in the amount of to CSC No. 28243 - $58,075.01 for construction of drainage improvements to Dry Branch Creek Mike Albert, Inc. (DOE 3629)thereby increasing the contract amount to $2,191,814.90. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 5 of 22 C-22622 M&C C-22622 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 to City Secretary Contract No. 34414, an Engineering Agreement with Carter and CSC No. 34414- Burgess, Inc., for construction management of the Sendera Ranch Pump Station Carter and Burgess, and Ground Storage Tank (City Project No. 00376) for a total fee of Inc. $62,000.00, thereby increasing the contract amount to $320,640.00. C-22623 M&C C-22623 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. 1 to City Secretary Contract No. 34844 with Siemens Building Technologies, to CSC No. 34844 - Inc., for the construction of the Phase II Security Improvements at Water Siemens Building Department facilities, in the amount of $364,929.00, thereby increasing the Technologies, Inc. contract amount to $2,394,178.00. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Mr. Tracy Edwards be appointed to Place 6 on the Animal Shelter City Council— Advisory Committee and that Texas Christian University be appointed to Place Appointments 25 on the Mayor's Committee on Persons with Disabilities effective January 15, 2008, and with terms expiring October 1, 2008, and October 1, 2009, respectively. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Moss made a motion, seconded by Council Member Espino, that Crystalyne Clark and Jonathon Dedmon be appointed to the Youth Advisory Board effective January 15, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burns made a motion, seconded by Council Member Espino, that Gaye Reed be appointed to Place 9 on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission effective January 15, 2008, and with a term expiring October 1, 2009. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. No. 275 There was presented Council Proposal No. 275 proposing that the Fort Worth Res. No. 3571-01- City Council adopt a resolution supporting the "Pull `Em Up" public awareness 2008 campaign. Support "Pull "Em Up" Campaign Council Member Silcox made a motion, seconded by Council Member Espino, that the Council rules relative to taking action on Council Proposals at a subsequent Council meeting be suspended and that Council take action on Council Proposal No. 275. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 6 of 22 The following individuals appeared before Council in support of the Council Proposal and resolution: Mr. Scott Sieck 645 Shady Bridge Lane (Represented Clear Channel) Bishop Kenneth Spears 2401 E. Berry (Represented 1st St. John Church) Johnny Muhammad 2912 Nara Vista (Represented UMOJA) Council Member Moss stated that the Cities of Dallas and Arlington were also supporting this effort and that the Fort Worth Independent School District would discuss this issue at their next board meeting. He also stated that Tarrant County was also interested in joining the effort. He pointed out that the bottom line of this effort was that it was an economic piece as young people cannot get jobs or take advantage of opportunities because of being stereotyped because of their fashion statement; it prevented young people from moving forward. Mayor Moncrief stated that there was a need for this program and the message needed to resonate that perception is truth. He added that it was an opportunity for young people to be educated on self respect and respect for their elders. Council Member Moss made a motion, seconded by Council Silcox, that Council Proposal No. 275 be approved and Resolution No. 3571-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox requested Council's consideration to return to Item VII, Items to be Withdrawn from the Consent Agenda, as he had inadvertently neglected to remove an item for discussion. It was the consensus of the City Council that Item VII, Items to be Withdrawn from the Consent Agenda, be reconsidered. Council Member Silcox requested that Mayor and Council Communication G- 16018 be withdrawn from the Consent Agenda. Upon a motion made by Council Member Jordan, seconded by Council Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 7 of 22 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution on January 8, 2008, appointing the following Res. No. 3572-01- members of the Aviation Museum Task Force, effective January 15, 2008: 2008 Appoint Members a. Van Romans, Moderator of Aviation b. Jeff Johns, Vice Moderator Advisory Task C. Brenda Tillman Force d. Ed Cvetko e. Norman Robbins f. Bell Helicopter Representative - TBD g. David DuBois h. Jim Hodgson i. Raymond Darrow j. Clyde Picht k. Doc Hospers 1. NASJRB Representative - TBD Council Member Jordan advised that Carl Harris would be the representative from Bell Helicopter and acknowledged the presence of Jim Hodgson in the audience. Council Member Jordan made a motion, seconded by Council Member Silcox, that Resolution No. 3572-01-2008 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-16003 It was the consensus of the City Council that Mayor and Council Adopt Aquatic Communication No. G-16003, dated December 18, 2007, Authorize the Master Plan 2008 as Adoption of the Aquatic Master Plan 2008; and Adopt the Plan as an Amendment to Amendment to the Park, Recreation and Open Space Master Plan and the City's Park, Recreation Comprehensive Plan, be withdrawn from consideration. and Open Space Master Plan and Comprehensive Plan—Withdrawn from Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 8 of 22 G-16003 Revised There was presented Mayor and Council Communication No. G-16003 Revised Adopt Aquatic from the City Manager recommending that the City Council adopt the Aquatic Master Plan 2008 as Master Plan 2008; and adopt the Plan as an amendment to the Park, Recreation Amendment to and Open Space Master Plan and the City's Comprehensive Plan. Park, Recreation and Open Space Mayor Pro tem Hicks stated that she had discussed the master plan with Master Plan and Richard Zavala, Parks and Community Services Department Director, to Comprehensive Plan confirm that the pools would remain available to residents of the City until the new pools and aquatic centers were open. Council Member Moss expressed appreciation to the staff in addressing District 5 concerns and reiterated that District 5 had no public pools. He stated meetings with various groups interested in partnering with Fort Worth looked very productive and that they were interested in providing a swimming pool and therapy pool in District 5. He added that the groups also would partner with the Fort Worth Independent School District to provide a pool that would become a major part of their overall program. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16003 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16018 There was presented Mayor and Council Communication No. G-16018 from Repair Parking Lots the City Manager recommending that the City Council authorize the City for Police Manager to execute a contract with Reliable Paving, Inc., in the amount of Department West $46,966.00 to repair two parking lots for the Police Department West Division Division Headquarters located at 3525 Marquita. Headquarters— Continued Until January 22, 2008 Council Member Silcox referred to conflicting wording in the Recommendation and Discussion sections of the M&C. Whereas the Recommendation section reflected that the two parking lots were in need of repair, the Discussion section reflected the two parking lots were in need of total repaving and restriping which lead him to believe that the parking lots were being reconstructed. He requested that staff provide clarification of the two M&C sections. Deputy Police Chief Pat Kneblick attempted to provide clarification but requested this item be continued one week to provide detailed information on the parking lot repairs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 9 of 22 Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16018 be continued until the January 22, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16019 There was presented Mayor and Council Communication No. G-16019 from Initiate Rezoning of the City Manager recommending that the City Council authorize the City Certain Properties Manager to initiate certain zoning changes from "CF" Community Facilities, in Accordance with "B" Two Family Residential, "C" Medium Density Multifamily, "E" Six Points Urban Neighborhood Commercial, "MU-1" Low Intensity Mixed Use, "F" General Village Master Plan Commercial, "I" Light Industrial, "J" Medium Industrial and "PD" Planned and Comprehensive Development to "MU-1" Low Intensity Mixed Use for the Six Points Urban Plan— Continued Until Village in accordance with the Six Points Urban Village Master Plan and the January 22, 2008 Comprehensive Plan. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16019 be continued until the January 22, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16020 There was presented Mayor and Council Communication No. G-16020 from Pay for Relocation the City Manager recommending that the City Council authorize the additional and Moving payment of relocation and moving expenses to Lesikar Construction Company, Expenses for Right- up to $25,568.44, as a displaced business, from 4359 West Vickery Boulevard, of-Way for in the Vickery Corridor, Parcel No. 84-A1 for Right-of-Way for the Southwest Southwest Parkway parkway Project (DOE 3777). Project Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16020 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16021 There was presented Mayor and Council Communication No. G-16021 from Accept Donation of the City Manager recommending that the City Council accept the donation of a MotorHome Providence motorhome valued at $215,000.00 for the Police Department from FracTech. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16021 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 10 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-16022 consider a waiver for a high impact gas well permit requested by XTO Energy, Waive High Impact Inc., to allow the drilling of three gas wells on Pad "A" of the Creamer Lease Gas Well Permit to located northwest of the intersection of Roberts Cutoff Road and Cahoba Drive. Allow Drilling of Mayor Moncrief opened the public hearing and asked if there was anyone Gas Wells on Pad present desiring to be heard. "A" of Creamer Lease Ms. Susan Alanis, Deputy Director, Planning and Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-16022, as follows: There was presented Mayor and Council Communication No. G-16022 from the City Manager recommending that the City Council consider a waiver for a high impact gas well permit request of XTO Energy, Inc., to allow the drilling of the Creamer 1H, 2H and 3H gas wells on Pad "A" of the Creamer Lease located in the A. Van Nordstrand Survey, Abstract No. 1584, Tract 1, located northwest of the intersection of Roberts Cutoff Road and Cahoba Drive in northwest Fort Worth. Walter Dueease Mr. Walter Dueease, 810 Houston Street, representing XTO Energy, Inc., appeared before Council in support of the permit for a high impact gas well. He provided a summary of the site and explained that access to the pad site would be from Roberts Cutoff Road and would not pose any impact to park traffic. He explained the purpose for the sloped areas on the north and south of the site and stated that no construction activity would take place on the park. He pointed out that residences and apartments to the east and west of the site were outside of the 600 foot boundary from the proposed wells. Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, appeared before Council in opposition of the permit for a high impact gas well. He advised that the City needed to be concerned about activity in the immediate vicinity of the City's water supply. He stated that the well site was much higher than Lake Worth and the runoff would flow south from the pad site to the lake. He stated that he would like a representative from XTO Energy, Inc., to meet with the Alliance to explain how this well would not have adverse impacts to the area. He requested a week's delay on this issue to give the Alliance an opportunity to meet with an XTO representative. There was further discussion by Council Member Burdette with Mr. Dueease on the typography of the site and the cut and fill to level out the pad site. Mr. Dueease advised of the 3 to 1 sloping. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 11 of 22 Council Member Scarth requested clarification on a retaining wall and pollution control for the site. Mr. Dueese provided further clarification on those issues. Council Member Burdette stated it was obvious that any drilling at the lake would be above the level of the lake. He also pointed out that what is done at this location can be a template for other work around the lake. He proposed that the request be approved on three conditions: 1. That XTO file and receive approval from the City's Gas Well Inspector a detailed plan on how the pad site would be protected from any drainage. 2. That the plan be made available to Mr. Waller and anyone else who wanted to see it. 3. That the plan be filed and approved by the Gas Well Inspector before the actual well was drilled. Mr. Waller stated that the Lake Worth Alliance would like to communicate with XTO on this operation. He expressed concern with the speed at which this issue was processed because of a lease expiring and added that the City's processes should not be compromised because of poor planning of the leaser. Council Member Burdette stated that the proper thing was to make sure that there was a plan on this pad site and any future pad sites that would address the drainage problem to ensure there was no drainage into the lake. There being no one else present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-16022 be approved with the conditions as stated. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14452 There was presented Mayor and Council Communication No. L-14452 from the Lease for Natural City Manager recommending that the City Council approve the acceptance of a Gas Drilling of City- lease agreement for natural gas drilling under 1.861 acres, more or less, of City- Owned Properties owned properties located in Tarrant County, Texas, known as Crowley Road Right-of-Way, to Chesapeake Exploration, L.L.C. Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14452 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 12 of 22 L-14453 There was presented Mayor and Council Communication No. L-14453 from the Lease for City Manager recommending that the City Council authorize the City Manager Installation of to execute a non-exclusive lease agreement with Keller Independent School Community District (ISD) for a portion of City property in an around Timberland Road, Facilities for Grey Twig Drive, and an unnamed street referred to in the Lease as "Street A" Construction of to accommodate the installation of water, sewer, storm drainage and street Keller ISD improvements required by the construction of Keller Independent School Elementary School No. e and High District Elementary School No. 20 and High School No. 7 in the City of Fort School No. 4 Worth. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14453 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14457 There was presented Mayor and Council Communication No. L-14457 from the Accept Dedication City Manager recommending that the City Council accept the dedication of a of Parkland for 4.524 acre of parkland and facility improvements situated in the E.B. Dishman Meadow Creek Survey, Abstract No. 407, Tarrant County, Texas, said tract also being all of Park Lot 1X, Block 25, Phase III, Meadow Creek South Addition, Tarrant County, Texas, from Pulte Homes of Texas, L.P., in accordance with the Neighborhood and Community Park Dedication Policy for Meadow Creek Park. Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14457 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14458 authorize conversion of parkland at Camelot Park for the purpose of subsurface Convert Parkland drilling and the extraction of natural gas from an off site location. Mayor for Subsurface Moncrief opened the public hearing and asked if there was anyone present Drilling and desiring to be heard. Extraction of Natural Gas Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14458, as follows: There was presented Mayor and Council Communication No. L-14458 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 13 of 22 park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert Camelot Park at 1517 Andante Drive, located south of Sycamore Elementary School, east of Park West Circle and west of the terminus of Andante Drive for subsurface drilling and the extraction of natural gas from an off site location. Council Member Jordan stated that he had addressed this issue with the president of the local neighborhood association and clarified that this action was just to authorize the access of gas underneath a park; the well site was previously approved. He assured that there would be no drilling in the park. There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14458 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14459 authorize conversion of parkland at Crestwood Park and Eagle Mountain Ranch Convert Parkland Park for the purpose of subsurface drilling and the extraction of natural gas for Subsurface from an off site location. Mayor Moncrief opened the public hearing and asked Drilling and if there was anyone present desiring to be heard. Extraction of Natural Gas Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14459, as follows: (Council Member Silcox left his place at the dais.) There was presented Mayor and Council Communication No. L-14459 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath these park sites; find that the proposed conversions includes all reasonable planning to minimize harm to the parkland; close the public hearing and authorize the City Manager to convert the following parks for subsurface drilling and the extraction of natural gas from an off site location: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 14 of 22 • Crestwood Park - 3701 Rockwood Park Drive, located south of Rockwood Park Drive, north of Oaklawn Drive, east of Northwood Road and west of Bailey Avenue; and • Eagle Mountain Ranch Park - 7200 Bunk House Drive, located south of Eagle Mountain Ranch Boulevard, west of South Camp Court and east of Bunk House Drive. Council Member Burdette advised that no drilling would take place on the surface of the parkland; it would be drilled underneath park property. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L-14459 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14460 authorize conversion of parkland at Lost Spurs Park for the purpose of Convert Parkland subsurface drilling and the extraction of natural gas from an off site location. for Subsurface Mayor Moncrief opened the public hearing and asked if there was anyone Drilling and present desiring to be heard. Extraction of Natural Gas Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14460, as follows: There was presented Mayor and Council Communication No. L-14460 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that no proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert Lost Spurs Park at 3520 Alta Vista Road, located to the southwest of Alta Vista Road and east of Drove Ranch Road/Lost Spurs Road for subsurface drilling and the extraction of natural gas from an off site location. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14460 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 15 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14461 authorize conversion of parkland at Marine Creek Linear Park North, Marine Convert Parkland Creek Linear Park, Far Northside Park, Lincoln Park and Rodeo Park for the for Subsurface purpose of subsurface drilling and the extraction of natural gas from an off site Drilling and location. Mayor Moncrief opened the public hearing and asked if there was Extraction of Natural Gas anyone present desiring to be heard. Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14461, as follows: There was presented Mayor and Council Communication No. L-14461 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath these park sites; find that the proposed conversions include all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the following parks for subsurface drilling and extraction of natural gas from an off site location: • Marine Creek Linear Park North - 3317 Chestnut Avenue, located south of 35th Street, west of Chestnut Avenue, north of Long Avenue and east of Angle Avenue; • Marine Creek Linear Park - 3106 Angle Avenue, located south of Long Avenue, south of Gould Avenue, north of 30th Street and east of Angle Avenue; • Far Northside Park - 2950 Roosevelt Avenue, located south of Northwest 30th Street, west of Prairie Avenue, north of Northwest 29th Street and east of Roosevelt Avenue; • Lincoln Park - 2922 Lincoln Avenue, located south of Northwest 30th Street, west of Refu& Avenue/Prospect Avenue/Clinton Avenue, north of Northwest 29t Street and east of Lincoln Avenue/Angle Avenue/Cliff Avenue; and • Rodeo Park - 2605 North Houston Street, located south of Northwest 28th Street, west of Ellis Avenue, north of Northwest 26th Street, and east of Clinton Avenue. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 16 of 22 Moss, that the public hearing be closed and Mayor and Council Communication No. L-14461 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14462 authorize conversion of parkland at Maddox Park, Northside Park, Circle Park Convert Parkland and Arneson Park for the purpose of subsurface drilling and the extraction of for Subsurface natural gas from an off site location. Mayor Moncrief opened the public Drilling and hearing and asked if there was anyone present desiring to be heard. Extraction of Natural Gas Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14462, as follows: There was presented Mayor and Council Communication No. L-14462 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath these park sites; find that the proposed conversions include all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the following parks for subsurface drilling and extraction of natural gas from an off site location: • Maddox Park - 2414 Gould Avenue, located south of Northwest 25th Street, north of Northwest 24th Street, west of Lincoln Avenue and east of Gould Avenue; • Northside Park - 1901 Harrington Street, located south of Northwest 20th Street, west of Lagonda Avenue and east of Homan Avenue; • Circle Park - 600 Park Street, located south of Northwest 20th Street, north of Grand Avenue, west of Circle Park Boulevard and east of Park Street; and • Arneson Park - 1311 Homan Avenue, located west of Homan Avenue and south of Central Avenue. (Mayor Pro tem Hicks left her place at the dais and Council Member Silcox returned to his place at the dais.) There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14462 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 17 of 22 C-22624 There was presented Mayor and Council Communication No. C-22624 from the Cowtown Pipeline, City Manager recommending that the City Council authorize the City Manager LP to execute a Public Right-of-Way Use Agreement with Cowtown Pipeline, LP, granting a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Quail Road, Elizabeth Road, Dowdell Road, Eastland Street and Martin Street. Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22624 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22625 There was presented Mayor and Council Communication No. C-22625 from the Quicksilver City Manager recommending that the City Council authorize the City Manager Resources, Inc. to execute a Public Right-of-Way Use Agreement with Quicksilver Resources, Inc., granting a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Quail Road, Elizabeth Road, Dowdell Road, Eastland Street and Martin Street. Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22625 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-216 It appeared that the City Council, at its meeting of December 18, 2007, SP-07-059 - continued the hearing of the application of RP Partners, Ltd., et al., for a change Continued Until in zoning of property located at 1651 South University Drive, 1605 West Bank January 22, 2008 Circle and 1701 River Run from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus hotel and residential with waivers to the off street parking and loading requirements, and allow for 50 percent of the south and west facades of Building "C" (parking garage) to be used as a projection surface for art and signage; no electric changeable copy sign, and with site plan required for retail, office, hotel and residential., Zoning Docket No. ZC-07-216 and Site Plan No. SP-07-059. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 18 of 22 There being no one present desiring to be heard in connection with the application of RP Partners, Ltd., et al., Council Member Burns made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-216 and Site Plan No. SP-07-059 be continued until the January 22, 2008, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 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 December 27, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-217 There was presented Zoning Docket No. ZC-07-217, application of Crossing at Approved Marine Creek, et al., for a change in zoning of property located at 3200 Northwest Loop 820 from "F" General Commercial and "G" Intensive Commercial to "PD/FR' Planned Development for all uses in "FR" General Commercial Restricted including large vehicle/trailer sales/storage and display and the following uses associated with make ready and/or retrofit of large vehicles/trailers, machine shop, paint mixing, spraying, sheet metal shop, welding, outside storage with screening to the public right-of-way; no ingress or egress of tractor trailer operations off Huffines Boulevard; hours of operation from 7:00 a.m. to 7:00 p.m. Monday through Saturday. The only activities that will occur within 50-feet of Huffines Boulevard are "FR" uses only, and with site plan required. (Mayor Pro tem Hicks returned to her place at the dais.) Tom Krampitz Mr. Tom Krampitz, 500 Main Street, Suite 600, representing the applicant, appeared before Council in support of the zoning change. He summarized the proposed development and stated that projected sales for the business over the next three to five years was $120M for this Fort Worth location. He added that the company liked the skilled labor pool and the transportation systems available in Fort Worth. He stated that the company representatives had several meetings with the local neighborhood association to address their concerns and also met with Council Member Burdette. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 19 of 22 Bob Riley Mr. Bob Riley, 4117 Walnut Creek Court, representing the applicant, appeared before Council in support of the zoning change. He advised that today's action was to add one use to what was not typically allowed in Commercial development zoning and that was the sale and display of large trucks. He stated that any noise generated from the business would be contained within the building and that egress and ingress to the facility would be from IH-820 and would not utilize Huffines Boulevard. He added that this use was much less intense from what could be built on the property such as offices, retail, etc. He pointed out that the applicant would comply with all commercial development standards to include landscaping and signage requirements and that hours of operation would be limited as recommended by the City Zoning Commission. He assured the Council that the business would be a quality development for northwest Fort Worth. Christopher Whittle Mr. Christopher Whittle, 4940 Bolero Court, Acting President of the Marine Creek Homeowners Association, appeared before Council in opposition of the zoning change. He stated that he had learned of the zoning change last week and was circulating a petition to gather sufficient signatures in opposition of the re-zoning and that he was also working with various organizations to obtain their support for the opposition. He requested that the zoning case be continued for 60 days to allow him more time to work with area organizations. Council Member Burdette advised that he had addressed this issue with Mr. Whittle and pointed out that the Marine Creek Neighborhood Association had not been active recently. He stated that he had received e-mails, letters and telephone calls about this rezoning and that there had been a misunderstanding of what would happen. He pointed out that there would not be increased traffic on Huffines Boulevard as no truck egress or ingress would be from Huffines Boulevard; however, there would be increased traffic as more homes were built to the north. He added that there would be no noise created by this business as all work on the trucks would be contained inside the building. He further stated that the development was located 150 feet from the Shadydale intersection and did not impact the residences and public facilities in that area. Mr. Whittle countered that the company was trying to build an industrial complex in a commercial zone. He stated what the area needed was a church, a doctor's office or professional office. He advised of three vehicle accidents on Huffines Boulevard and the traffic on Azle Avenue during rush hour. He added that the business would be an eyesore at the entrance of their community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 20 of 22 Council Member Burdette made a motion, seconded by Council Member Silcox that Zoning Docket No. ZC-07-217, be approved. The motion carried six (6) ayes to three (3) nays, with Mayor Pro tem Hicks and Council Members Espino and Jordan casting the dissenting votes. 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 Burdette made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17950-01-2008 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 six (6) ayes to three (3) nays, with Mayor Pro tem Hicks and Council Members Espino and Jordan casting the dissenting votes. Agenda Item XVI Mr. Ricky Carter, 3117 Las Vegas Trail, Suite C, appeared before Council Citizen relative to citations being issued at City bus stops by the Police Department to Presentations citizens who stepped on the grass between the curb and sidewalk while Ricky Carter boarding busses. Mayor Moncrief requested Mr. Carter meet with Assistant City Manager Joe Paniagua and an Assistant City Attorney to resolve this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANAURY 15, 2008 PAGE 21 of 22 Richard Vickers Mr. Richard Vickers, 410 W. 7th Street, #306, appeared before Council relative to the appointment of a Texas Christian University (TCU) representative to the Mayor's Committee on Persons with Disabilities. He asserted that the representative should not be a member of their Human Resources Department; that the best choice would be a representative from the University's Community Relations Department. Mayor Moncrief expressed appreciation to Mr. Vickers for his suggestion but advised him that it would be inappropriate for the City to advise a private institution whom they should designate as a representative to a particular board or commission for the City. Prior to Mr. Harper's presentation, Mayor Moncrief advised him that there was no enthusiasm from the Council to pursue Mr. Harper's request of a resolution to endorse the impeachment of the President and Vice President of the United States. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council to request the Council adopt a resolution in support of the impeachment of the President and Vice President of the United States. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:41 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. 1800 Hemphill Street, Fort Worth, Texas (In Rem); and Boquin Limited Partnership; Shenxue, Inc.; and Willie Clarence Clark, Cause No. 2007-052949-1; b) Legal issues concerning Atmos Energy rate case; c) Legal issues concerning Neighborhood Empowerment Zone Tax Abatements; d) Legal issues concerning gas drilling and related activities; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2008 PAGE 22 of 22 e) Legal issues concerning the Texas Commission on Environmental Quality's Agreed Order on the TechniCoat Site located at 301 Northeast 6th Street and 600 North Jones; f) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Adjourned/ The City Council adjourned the Executive Session at 12:30 p.m. and Reconvened reconvened into the Pre-Council Worksession to complete the following items: 7. Update on 9-1-1 Call Center 8. Briefing on Protection of Citizens from those Impersonating Public Safety Officials 9. City Council Requests for Future Agenda Items and/or Reports Reconvened The City Council reconvened into regular session at 1:15 p.m. Agenda Item XVHI There being no further business, the meeting was adjourned at 1:15 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 22nd day of January, 2008. Attest: Approv j Mart�He ri x Mic ael J. ncrief City Secretary Mayor