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HomeMy WebLinkAbout2008/02/05-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 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 Dale Fisseler, 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 7:00 p.m. on Tuesday, February 5, 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 Pastor Robert Bennett, Handley Baptist Church. Invocation 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 29, 2008, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Pro tem Hicks presented a Certificate of Recognition to Red Productions Special (TECH Fort Worth) to Mr. Justin "Red" Sanders, founder and CEO of Red Presentations Productions. Ms. Dorothy Wing, Business Development Manager for the Business Assistance Center, presented a briefing to the Council on the 2008 Entrepreneur Expo being held on February 8, 2008. Agenda Item VI Council Member Burns announced that Fort Worth South conducted its Annual Announcements Awards Banquet this past week where the MVP Awards were given to Tom Malone for his contributions to mixed used development on the near south side and South Main Property Owners Group for their commitment to revitalizing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 2 of 20 the south Main Street area. He pointed out that the big award of the evening was given to Mayor Pro tem Hicks who received the Kline-Watts Award and extended congratulations on behalf of the Council. Council Member Silcox requested that the meeting be adjourned in memory of former Judge Joe Bruce Cunningham and Timothy Starkey, Council Member Burdette's son-in-law, who had passed recently. Council Member Moss expressed appreciation to all District 5 residents who attended the grand opening of the Stop 6 Heritage Center on February 2, 2008. He provided information on the operating hours of the center and the events scheduled to be conducted in February. Mayor Pro tem Hicks also extended her condolences to Council Member Burdette for his loss. She announced that the first public meeting for revision to the Gateway Master Plan would be conducted on February 21, 2008, at the Plaza Ball Room at the Inn Suites, 2000 Beach Street at 6:00 p.m. and that the second meeting would be conducted February 28, 2008, at Andrew Doc Sessions Community Center, 201 South Sylvania Avenue at 6:00 p.m. She added that public input would be taken at both meetings and for more information to please contact Randle Harwood at(817) 392-6101. Council Member Espino stated that the ribbon cutting ceremony for the new Educational Employees Credit Union (EECU) facility on February 4, 2008, was a great success. He added that the facility was an exciting development for the north side of the City and congratulated Lonnie Nicholson, CEO of the EECU, Sonja Trevino, Branch Manager and the entire EECU Board of Directors for making an investment in the north side of the City. Council Member Jordan expressed appreciation to the citizens of District 6 who attended the Town Hall meeting last night at North Crowley High School. He added that a lot of great information and feedback was provided and expressed appreciation to Commissioner Roy Brooks, Greg Gibson, Crowley Superintendent of Schools and Randy Kahan, President of the Crowley Independent School District and City staff for attending the meeting. He also expressed appreciation to his former Council Aide Madelyn Gibbs and new Council Aide Cindy Caldwell for efforts in setting up the meeting. Council Member Scarth also offered his condolences to Council Member Burdette on his loss and requested that the meeting also be adjourned in memory of Howard Kliever, a long time resident of Fort Worth and fixture on the east side of the City who had recently passed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 3 of 20 Mayor Moncrief conveyed condolences to Council Member Burdette for his loss on behalf of the entire Council and City. Council Member Burdette expressed appreciation to everyone for their expressions of sympathy and gratitude for those who attended his son-in-law's funeral. Agenda Item VII City Manager Fisseler requested that Mayor and Council Communication No. Withdrawn from G-16028 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by 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 remaining items on the Consent Agenda as recommended and as follows: OCS-1644 M&C OCS-1644 - 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-16033 M&C G-16033 - Adopting Ordinance No. 17967-02-2008 amending Ordinance Ord. No. 17967-02- No. 14552, adopted March 20, 2001, establishing unit prices for City 2008 participation in certain Community Facilities Agreements (CFAs). Amend Ord. No. 14552 Establishing Unit Prices for Participation in Certain CFAs G-16034 M&C G-16034 - Authorizing the City Manager to execute a modified Use of Drainage encroachment agreement with WDS Green Oaks, L.P., a Texas Limited Easement for Partnership, for the construction of Wilcox Plaza at Green Oaks, a three story Construction of office building, encroaching over a drainage easement. Wilcox Plaza at Green Oaks CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 4 of 20 G-16035 M&C G-16035 - Authorizing the City Manager to apply for and accept, if Ord. No. 17968-02- awarded, a 2008 EMS Local Projects Grant from the Texas Department of State 2008 Health Services in the amount of $15,000.00, for a Street Level Airway Accept Grant for Management Course for 30 paramedics with the Fort Worth Fire Department; Street Level Airway authorizing the City Manager to execute a contract with the Texas Department Management of State Health Services for the course; and adopting Appropriation Ordinance Course for Paramedics No. 17968-02-2008 increasing estimated receipts and appropriations in the Grants Fund in the amount of$15,000.00 upon receipt of the 2008 EMS Local Projects Grant from the Texas Department of State Health Services for the purpose of funding a Street Level Airway Management Course. P-10722 M&C P-10722 - Authorizing the purchase and installation of Library Furniture Library Furniture from Libra-Tech Corporation for the Ella Mae Shamblee Library for a cost not to exceed $345,016.48. P-10723 M&C P-10723 - Adopting Supplemental Appropriation Ordinance No. 17969- Ord. No. 17969-02- 02-2008 increasing appropriations in the Water and Sewer Fund in the amount 2008 of $335,101.00 and decreasing the unreserved, undesignated fund balance by Caterpillar the same amount, for the purpose of funding the purchase of Caterpillar Construction construction equipment utilizing a Texas Association of School Boards Equipment Cooperative Contract with Holt Cat for the Water and Sewer and Transportation and Public Works Departments; and authorizing the purchase of Caterpillar construction equipment utilizing a Texas Association of School Boards Cooperative Contract with Holt Cat for the Water and Transportation and Public Works Departments for a cost not to exceed $853,632.00. P-10724 M&C P-10724 - Authorizing a purchase agreement for Gabion Baskets and Gabion Baskets and related items with Maccaferri, Inc., for the Transportation and Public Works Related Items Department. P-10725 M&C P-10725 - Adopting Supplemental Appropriation Ordinance No. 17970- Ord. No. 17970-02- 02-2008 increasing appropriations in the Water and Sewer Fund in the amount 2008 of$39,086.00 and decreasing the unreserved, undesignated fund balance by the Vehicles same amount, for the purpose of funding the purchase of two new trailers from Interstate Trailers, Inc., using a Texas Association of School Boards contract for the City of Fort Worth; and authorizing the purchase of one new van and four new trucks from Caldwell Country Dealerships through a Texas Procurement and Support Services contract and the purchase of four new trailers from Interstate Trailers, Inc., through a Texas Association of School Boards contract for the City of Fort Worth at a cost not to exceed $187,513.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 5 of 20 P-10726 M&C P-10726 - Authorizing a purchase agreement for liquid ferric sulfate with Liquid Ferric General Chemical Performance Products, LLC, for the Water Department. Sulfate P-10727 M&C P-10727 - Authorizing a purchase agreement for best-seller books Best-Seller Books through a Texas Procurement and Support Services Contract with Ingram Library Services, Inc., for the Library Department. C-22655 M&C C-22655 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 to City Secretary Contract No. 35213 with Gorrondona and Associates, Inc., in the CSC No. 35213- amount of$18,600.00 for additional professional land surveying services along Gorrondona and Dirks Road from Bryant Irvin Road to Granbury Road thereby increasing the Associates, Inc. contract amount to $86,750.00. C-22656 M&C C-22656 - Authorizing the City Manager to execute a contract with Macval Associates, Macval Associates, LLC, in the amount of$436,245.00, for Sidewalk Contract LLC - (Group 5) 2004 Capital Improvements Program. C-22657 M&C C-22657 - Authorizing the City Manager to ratify and execute an Ord. No. 17971-02- Agreement with the Near Southeast Community Development Corporation to 2008 coordinate new neighbor crime watches, to establish two new Safe Havens, to Near Southeast stop drug trafficking and use of drugs, and to educate citizens to reduce their Community exposure in the targeted area bound by East Lancaster on the north, Interstate Development 35W South on the west, East Berry on the south, and South Riverside on the Corporation east; authorizing the City Manager to accept $30,649.00 from the Near Southeast Community Development Corporation for the Joint Law Enforcement and Neighborhood Program; authorizing the City Manager to ratify all expenditures made and collect revenues for overtime expended for special details and events in support of the Southeast Weed and Seed Initiative; and adopting Appropriation Ordinance No. 17971-02-2008 increasing estimated receipts and appropriations in the Grants Fund in the amount of $30,649.00 upon execution of the agreement with the Near Southeast Community Development Corporation for the purpose of funding the Joint Law Enforcement and Neighborhood Program. C-22658 M&C C-22658 - Authorizing the City Manager to accept additional grant funds Ord. No. 17972-02- of $86,960.23, to the Fiscal Year 2006 Social Services Block Grant for 2008 Emergency Disaster Relief Funds for Hurricane Katrina; authorizing the City Amend CSC No. Manager to execute an amendment to City Secretary Contract No. 35468 with 35468 - North North Central Texas Council of Governments for funds from the Social Central Texas Services Block Grant in the amount of $86,960.23, to provide employment Council of Governments related transportation services to persons displaced by Hurricane Katrina; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 6 of 20 authorizing a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $50,000.00, to be repaid upon receipt of the executed amended agreement; and adopting Appropriation Ordinance No. 17972-02-2008 increasing estimated receipts and appropriations in the Grants Fund in the amount of $86,960.23 upon receipt of the Social Services Block Grant from the North Central Texas Council of Governments, for the purpose of funding employment related transportation services to persons displaced by Hurricane Katrina. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council 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 appointing Francisco Hernandez to Place 2 of Res. No. 3577-02- the Dallas-Fort Worth (D/FW) International Airport Board of Directors 2008 effective February 5, 2008, and with a term expiring January 31, 2012. Appoint Francisco Hernandez to D/FW Council Member Silcox made a motion, seconded by Council Member Espino, International that Resolution No. 3577-02-2008 be adopted. The motion carried Airport Board of unanimously nine (9) ayes to zero (0) nays. Directors (Place 2) Res. No. 3578-02- There was presented a resolution appointing Lillie Biggins to Place 8 of the 2008 Dallas-Fort Worth (D/FW) International Airport Board of Directors, effective Appoint Lillie February 5, 2008, and with a term expiring January 31, 2012. Biggins to D/FW International Council Member Moss made a motion, seconded by Council Member Burdette, Airport Board of that Resolution No. 3578-02-2008 be adopted. The motion carried Directors (Place 8) unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 7 of 20 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-16028 There was presented Mayor and Council Communication No. G-16028, dated Ord. No. 17973-02- January 29, 2008, from the City Manager recommending that the City Council 2008 adopt a resolution fixing in advance, as far as practicable, the amount to be paid Res. No. 3579-02- to Gary Ingram of the law firm Jackson Walker, to assist the City in certain 2008 employment and labor negotiation issues concerning Meet and Confer, in an Increase Amount to amount not to exceed $100,000.00; and adopt a supplemental appropriation be Paid to Gary Ingram to Assist ordinance increasing appropriations in the General Fund in the amount of with Negotiation $100,000.00 and decreasing the unreserved, designated fund balance by the Issues for Meet and same amount, for the purpose of increasing the amount to be paid to Gary Confer Ingram of Jackson Walker to assist the City in certain employment and labor negotiation issues concerning Meet and Confer. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16028 be approved and Resolution No. 3579-02-2008 and Supplemental Appropriation Ordinance No. 17973-02-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16036 There was presented Mayor and Council Communication No. G-16036 from Participate in the City Manager recommending that the City Council authorize the City M/WBE Availabilty Manager to execute an Interlocal Agreement with the North Central Texas and Disparity Study Council of Governments to participate in a Minority and Women Business Enterprise (M/WBE) Availability and Disparity Study, substantially in accordance with the draft agreement; and authorize the City Manager to pay North Central Texas Council of Governments the City's pro rata share of the cost of the study and associated administrative fees in the amount of $195,007.00. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16036 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16037 There was presented Mayor and Council Communication No. G-16037 from Amend Section the City Manager recommending that the City Council adopt amendments to V.2.B., of Policy to Section V.2.13., "Border Streets", of the Policy for the Installation of Install Community Community Facilities in order to clarify and formalize the requirements under Facilities for the Policy for the Installation of Community Facilities regarding the acceptance Contribution of of future improvement funds in-lieu-of facility construction. Future Improvement Funds Council Member Espino made a motion, seconded by Council Member Moss, In-Lieu-of Facility that Mayor and Council Communication No. G-16037 be approved. The Construction motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 8 of 20 G-16038 There was presented Mayor and Council Communication No. G-16038 from Pay Relocation and the City Manager recommending that the City Council authorize the additional Moving Expenses payment of relocation and moving expenses to Fair Boot Shop, d/b/a Stanley for Right-of-Way Eisenmans Fine Shoes, up to $7,200.00, as a displaced business, from 3517 for Southwest Concrete Street, in the Vickery Corridor, Parcel No. 62-Pt. 1-A2 for Right-of- Parkway Project way for the Southwest Parkway Project (DOE 3777). Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16038 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 on G-16039 the December 18, 2007, draft of the City's 2008 Comprehensive Plan, as December 18, 2007, recommended by the City Plan Commission. Mayor Moncrief opened the Draft of 2008 public hearing and asked if there was anyone present desiring to be heard. Comprehensive Plan as Ms. Becky Pils, Senior Planner, Planning and Development Department, Recommended by appeared before Council, gave a staff report and called attention to Mayor and City Plan Commission Council Communication No. G-16039, as follows: There was presented Mayor and Council Communication No. G-16039 from the City Manager recommending that the City Council conduct a public hearing on the December 18, 2007, draft of the City's 2008 Comprehensive Plan, as recommended by the City Plan Commission, to allow the public the opportunity to give testimony and present written evidence; adjourn the public hearing; and schedule a discussion of the public comments at the Pre-Council meeting on February 12, 2008, if necessary. Tom Struhs Mr. Tom Struhs, 3801 Bledsoe Street, appeared before Council in support of the 2008 Comprehensive Plan. He provided a video on the development of the downtown growth corridor to include the Trinity River Vision. There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-16039 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 9 of 20 Public Hearing It appeared that the City Council set today as the date for a public hearing on G-16040 the application of Bobby Cox Companies, Inc., for approval of a Municipal Support Municipal Setting Designation (MSD) for the property located at 3709 East First Street, Setting Designation Fort Worth, Texas, to the Texas Commission on Environmental Quality and at 3709 East First adopt an ordinance prohibiting the potable use of designated groundwater from Street and Amend beneath the site. Mayor Moncrief opened the public hearing and asked if there Chapter 12.5, Article IV was anyone present desiring to be heard. Appendix "A",to Add Section 14 of Mr. Brian Boerner, Environmental Management Department Director, appeared the City Code— before Council, gave a staff report, requested that the Council close the public Continued Until hearing, delay action on the M&C until February 19, 2008, and called attention February 19, 2008 to Mayor and Council Communication No. G-16040, as follows: There was presented Mayor and Council Communication No. G-16040 from the City Manager recommending that the City Council conduct a public hearing on the application of Bobby Cox Companies, Inc., for approval of a Municipal Setting Designation for the property located at 3709 East First Street, an approximately 11.976-acre tract, more fully described as Standard Meat Company Addition, Block 1, Lot 1, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of the Bobby Cox Companies, Inc., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 3709 East First Street, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 14; designating CFW-MSD-0014, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0014; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. Steve Phillips Mr. Steve Phillips, 3709 East First Street, appeared before Council in support of the MSD. He stated that Five Star Custom Foods had operated the business at this location since 1999 with the help of Bobby Cox and he was in the process of reacquiring the property from the Cox Company who had invested in the company on their behalf. He added that his intent was to be able to continue to prosper at the current location with the hope of removing the groundwater liability on the business site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 10 of 20 Kyle Knight Mr. Kyle Knight, 6330 Commerce Drive, Irving, Texas, appeared before Council in support of the MSD and concurred with comments provided by Mr. Boerner and Mr. Phillips. Mayor Pro tem Hicks stated that she contacted two representatives from the Riverside Neighborhood but that the representative from the United Riverside Neighborhood stated there was a breakdown in communication for Five Star representatives attending their January 2008 meeting. She added that she was agreeable with a two-week delay, but advised that she did not know the date of the next meeting for the United Riverside Neighborhood and that this issue may have to be continued for an additional two weeks. There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16040 be continued until the February 19, 2008, Council meeting with the understanding that representatives of Five Star Custom Foods would meet with members of the United Riverside Neighborhood to address their concerns. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10728 There was presented Mayor and Council Communication No. P-10728 from the Vehicles City Manager recommending that the City Council authorize the purchase of 74 new vehicles using term contracts through Texas Procurement and Support Services with Caldwell Country Dealerships and Cooperative Contracts through Tarrant County and Houston-Galveston Area Council with Philpott Ford for the City of Fort Worth for a cost not to exceed $1,559,093.82, with payment due 30 days of the date of the invoice. Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-10728 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14469 There was presented Mayor and Council Communication No. L-14469 from the Dedicate Parkland City Manager recommending that the City Council accept the dedication of for Marine Creek approximately 22.903 acres of unimproved parkland located in the Alexander Ranch Park Albright Survey, Abstract No. 1849, Tarrant County, Texas, from Hayco Realty, Ltd., in accordance with the Neighborhood and Community Park Dedication Policy for Marine Creek Ranch Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 11 of 20 Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14469 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22659 There was presented Mayor and Council Communication No. C-22659 from the David Newton City Manager recommending that the City Council authorize the City Manager to enter into an Artwork Commission Contract with David Newton for fabrication and installation of the sited bronze equestrian sculpture depicting a Mexican Vaquero not to exceed $206,000.00, to be located at the traffic triangle of North Main and Ellis Streets. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22659 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief commended Council Member Espino for his fundraising efforts in support of the sculpture. C-22660 There was presented Mayor and Council Communication No. C-22660 from the Ord. No. 17974-02- City Manager recommending that the City Council authorize the City Manager 2008 to execute Amendment No. 1 to City Secretary Contract No. 36293 with Eagle Ord. No. 17975-02- Construction and Environmental Services, L.P., for performing the Alternative 2008 Asbestos Control Method demolition to the Oak Hollow Apartment's Office Amendment No. 1 to Building, 5901 Boca Raton Boulevard, Fort Worth, Texas, by increasing the CSC No. 36293- total contract not-to-exceed amount from $24,950.00 to $59,950.00; adopt a Eagle Construction and Environmental supplemental appropriation ordinance increasing appropriations in the Services, L.P. Environmental Management Fund (R103) in the amount of $35,000.00 and decreasing the unreserved, retained earnings by the same amount, for the purpose of transferring said funds to the Environmental Management Project Fund (R101); approve the transfer of $35,000.00 in undesignated funds in the Environmental Management Operating Fund (R103) to the Environmental Management Project Fund (R101); and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund (R103) the amount of $35,000.00 from available funds, for the purpose of executing Amendment No. 1 to City Secretary Contract No. 36293 with Eagle Construction and Environmental Services, L.P., for performing the Alternative Asbestos Control Method demolition of the Oak Hollow Apartment's Office Building, located at 5901 Boca Raton Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 12 of 20 Council Member Scarth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22660 be approved and Supplemental Appropriation Ordinance No. 17974-02-2008 and Appropriation Ordinance No. 17975-02-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22661 There was presented Mayor and Council Communication No. C-22661 from the Ord. No. 17976-02- City Manager recommending that the City Council authorize the transfer of 2008 $3,258,990.00 from the Water and Sewer Operating Fund to the Water Capital CB&I Constructors, Projects Fund; adopt an appropriation ordinance increasing estimated receipts Inc. and appropriations in the Water Capital Projects Fund in the amount of $3,258,990.00 from available funds for the purpose of executing a contract with Chicago Bridge & Iron Constructors, Inc., for the Northside III Avondale- Haslet Road Elevated Storage Tank. City Manager Fisseler advised that Section 1, line 4 of the ordinance needed to be amended to delete "...Chicago Bridge & Iron..." and replace it with "...CB&I...". Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22661 be approved and Appropriation Ordinance No. 17976-02-2008 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV It appeared that the City Council set today as the date for a second public Second Public hearing on the 2008 Bond Program. Mayor Moncrief opened the public hearing Hearing and asked if there was anyone present desiring to be heard. 2008 Bond Program Mr. Robert Goode, Transportation and Public Works (T/PW) Department Director, appeared before Council and gave a staff report. The following individuals appeared before Council in support of the 2008 Bond Program. Suzanne Harbison, Ms. Suzanne Harbison 13525 Fishing Hole Lane, Haslet, TX Mark Youngs, Mr. Mark Youngs 350 Keller Parkway, Keller, TX Mehran Aghili, (Deputy Superintendent, Keller Independent School District) Jim Beckman, Mr. Mehran Aghili P.O. Box 77070 Adelaide Leavens, Mr. Jim Beckman 2300 Medford Court East Melissa Wade, Ms. Adelaide Leavens P.O. Box 101373 Shirley Gansser (Represented Streams &Valleys, Inc.) Ms. Melissa Wade 2700 Waits Avenue Ms. Shirley Gansser 12316 Yellow Wood Drive, Keller, TX (Represented North Fort Worth Alliance) Ms. Danielle Tucker 11500 Mosier Valley Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 13 of 20 While they expressed appreciation for funding repair of various roads and Trinity Uptown Bridge, they also voiced concern relative to the following: 1. Extension of Avondale-Haslet Road. 2. Additional traffic created by overcrowding schools. 3. The need to make future funds available to extend the Trinity trails to the east, west and southwest and facilitate desired connections to Sycamore Creek and the Cultural District. 4. The ability to travel to and from retail stores in a timely manner. 5. Kids walking to school safely. 6. The feeling of being trapped in the community during rush hour. 7. The ability to feel safe and secure about response of emergency services. 8. Spending too much time in traffic going to and from places of business. 9. Inclusion of arterial roads on Ray White Road, Kroger Road, Keller Hicks to US 377, Old Denton Road/Riverside and Timberland Boulevard. 10. The need for wider, safer streets. William Giron Mr. William Giron, 1327 N. Main Street, representing the Fort Worth Hispanic Chamber of Commerce, appeared before Council in support of the 2008 Bond Program. He presented a letter from Rosa Navejar, President/CEO of the Hispanic Chamber of Commerce, which reflected support of the bond program relative to enhancing job opportunities and revitalization of the City's northside. Devoyd Jennings Mr. Devoyd Jennings, 1150 South Freeway, President of the Metropolitan Black Chamber of Commerce, appeared before Council in support of the 2008 Bond Program. He referred to the positive impact the bond program would bring to the City in terms of M/WBE job opportunities and repair of critical bridges, especially to the Trinity River Vision. Brinton Payne Mr. Brinton Payne, 777 Taylor Street, Suite 900, representing the Fort Worth Chamber of Commerce, appeared before Council in support of the 2008 Bond program. He presented a letter from Bill Thornton, President/CEO of the Fort Worth Chamber of Commerce, which reflected support of the Trinity River Vision and the job opportunities it would provide to the City. Mayor Moncrief advised that the 2008 Bond Program was an issue of supply and demand. He pointed out that the City had many needs that needed to be addressed, but that funding through the bond program was not sufficient to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 14 of 20 fulfill all those needs. He stated that just as the City got older, so did the infrastructure and the Council's responsibility was to provide a viable foundation that would serve the City's quality of life. He added that a discussion in the Pre-Council Work Session revealed the need to conduct a City-wide Town Hall meeting to provide information to citizens on what were the City's needs. He further stated that the Town Hall meeting "Let's Talk Fort Worth" would be held in the near future. Council Members Espino, Jordan and Burdette agreed that the City was facing an infrastructure crisis that could impact quality of life and economic development in the City. They advised that the bond programs were not the only available resources for funding infrastructure needs; that public and private partnerships also contributed towards this endeavor. They pointed out that the 2008 Bond Program would only address twelve percent of the City's needs which would require some communities to share sacrifices to address more urgent needs. There being no one else present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed and that staff prepare an ordinance for the Council's consideration. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Council Member Espino left his place at the dais.) ZC-07-191 It appeared that the City Council, at its meeting of January 8, 2008, continued Approved the hearing of the application of Segundo Ruiz for a change in zoning of property located at 2727 and 2729 East Lancaster Avenue, and 2722 and 2728 Purington Avenue from "C" Medium Density Multifamily Residential and "F" General Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-07-191. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Segundo Ruiz, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-191 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 15 of 20 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 January 15, 2008. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-226 There was presented Zoning Docket No. ZC-07-226, application of Betty J. Approved Edmondson for a change in zoning of property located 1401 Coleman Avenue from "E" Neighborhood Commercial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus warehouse, distribution and storage, with site plan required. Council Member Moss made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-226, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (See reconsideration of this zoning case on page 18.) ZC-07-227 There was presented Zoning Docket No. ZC-07-227, application of Nicholas Approved Martin, Jr., for a change in zoning of property located at 8913 Randol Mill Road from "F" General Commercial to "A-7.5" One Family Residential. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-227, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-07-228 There was presented Zoning Docket No. ZC-07-228, application of Fort Worth Approved Parks & Community Services Department for a change in zoning of property located at 3200 Lackland Road from "A-5" One Family Residential to "FR" General Commercial Restricted. Council Member Silcox asked Richard Zavala, Parks and Community Services Department Director, if his requirements for landscaping and use of electric go- carts would be included as a provision of the contract. Mr. Zavala responded affirmatively. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-228, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 16 of 20 ZC-07-230 There was presented Zoning Docket No. ZC-07-230, application of M.A.W. Approved River's Edge, L.P., et. al., for a change in zoning of property located 1601 Highway 114 from "AG" Agricultural and "A-5" One Family Residential to "A-5" One Family Residential to "A-5" One Family Residential and "E" Neighborhood Commercial. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-230, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Espino returned to his place at the dais.) ZC-07-231 There was presented Zoning Docket No. ZC-07-231, application of Waterview Approved Estates North, L.P., for a change in zoning of property located 5101 and 5221 East Loop 820 South from "A-5" One Family Residential to "PD-773" Planned Development for "FR" General Commercial Restricted, excluding the following: automotive repair paint and body shop, car wash, parking area or garage, vehicles sales or rentals, with waiver of site plan recommended. Council Member Moss made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-231, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-235 There was presented Zoning Docket No. ZC-07-235, application of the City of Approved Fort Worth (portion of South Hemphill Heights Neighborhood) for a change in zoning of property generally bounded by Morningside Drive to the north, Hemphill Street to the east, Shaw Street to the south, and Henderson Street to the west from "B" Two Family Residential, "B/DD" Two Family Residential/Demolition Delay and "E" Neighborhood Commercial to "A-5" One Family Residential and "A-5/1313" One Family Residential/Demolition Delay. Council Member Burns made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-235, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-229 There was presented Zoning Docket No. ZC-07-229, application of Miguel Denied With Molina for a change in zoning of property located at 2621 Daisy Lane from "A- Prejudice 5" One Family Residential to `B" Two Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 17 of 20 Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-229, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17977-02-2008 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 unanimously nine (9) ayes to zero (0) nays. Agenda Item XVII Mayor Moncrief recognized Mr. Tom Brasfield and his daughter Ms. Alix Citizen Brasfield, 7700 Randol Mill Road, as desiring to appear before Council relative Presentations to speed and traffic and the sound ordinance for drill rigs; however, neither of Tom Brasfield them was present in the Council Chamber. Alix Brasfield Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council relative to the confusing notification of public meetings for four high impact gas wells to be operated by Chesapeake Operating, Inc. He explained the confusion of information presented in the Fort Worth Star-Telegram and that provided by the City and stated that citizens should have the opportunity to become educated CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 18 of 20 and hear facts of the gas well operation before giving consent or exercising the right to the operation of the gas well near their property. He proposed that the cases scheduled for the February 19, 2008, Council meeting be delayed until March 1, 2008, to allow citizens to become well informed of these cases and provide their consent or protest. He also added that a plan needed to be formulated to assess the operation of the gas well equipment and its impact on the deterioration of the roads created by that equipment. Mayor Moncrief advised that it was not the intent of the City staff to confuse anyone; that it was a staff oversight. Ms. Susan Alanis, Acting Planning and Development Department Director, stated that the City had moved these items a few weeks forward and the Council advised of their prerogative to continue the public hearing after that date if the required public input was not received. She added that the staff had been working with various neighborhood associations in the area to schedule a special informational meeting tentatively scheduled for February 13, 2008, at 6:30 p.m. at the East Regional Library to specifically review these gas wells. Council Member Burdette advised that citizens could inquire about any well being proposed in the City through City staff at any time; that they did not have to wait for public hearings or meetings. Fred Harper Mr. Fred Harper, 2248 5th Avenue, appeared before Council relative to closure of the Victorian Inn. He provided graphs that depicted the reduction in Police calls in the Fairmount area as a result of the Victorian Inn closing. He expressed appreciation to the Council for their efforts in the closure. Jim Ashford Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to gas well ambient sound levels. He provided handout information to the Council. He recommended that a moratorium on gas drilling be instituted until the Gas Well Task Force addresses ambient noise levels. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council relative to impeachment of the President and Vice President of the United States. Mayor Moncrief advised that he had received a request to reconsider Zoning Docket No. ZC-07-226. Reconsideration of Council Member Moss made a motion, seconded by Council Member Silcox, Zoning Docket No. that Zoning Docket No. ZC-07-226 be reconsidered. The motion carried ZC-07-226 unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 PAGE 19 of 20 ZC-07-226 There was presented Zoning Docket No. ZC-07-226, application of Betty J. Approved Edmondson for a change in zoning of property located 1401 Coleman Avenue from "E" Neighborhood Commercial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus warehouse, distribution and storage, with site plan required. Betty Edmondson Ms. Betty Edmondson, 6733 Savannah Lane, appeared before Council in support of the the zoning change. She stated that she was trying to lease the building to a client and expressed concern with the requirement to provide a site plan and stated no improvements were being made to the structure. She stated her concern with having to document the fencing, landscaping, etc. She reiterated that nothing on the site would change with this development. She requested that the requirement for the site plan be waived. Council Member Moss advised that the zoning being requested was a Planned Development and because of that the City must document how the property would be used, understanding that Ms. Edmondson would not make any changes to the property. He pointed out that without the site plan on record, she could demolish the building and build something else. He reiterated that the site plan would reflect what type of structure was currently in place. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, stated that the site plan had to reflect certain requirements, e.g., existing building, parking, existing fencing on the site, etc. She added that if the building was not being expanded or adding any new construction, the landscaping requirement would not be triggered. Ms. Edmondson assured the Council that no changes were being made to the building and site and agreed to provide a site plan reflecting the building site. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-226, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 5,2008 PAGE 20 of 20 Agenda Item XIX There being no further business, the meeting was adjourned at 8:53 p.m. in Adjournment memory of former Judge Joe Bruce Cunningham, Timothy Starkey and Howard Kliever. These minutes approved by the Fort Worth City Council on the 12th day of February, 2008. Attest: Appr , Marty H rix Mic ae J. o rief City Secretary Mayor