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HomeMy WebLinkAbout2008/02/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Chuck Silcox, District 3 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 10:11 a.m. on Tuesday, February 19, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Silcox absent. Agenda Item II The invocation was given by Dr. Michael Dean, Travis Avenue Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Mayor Pro tem Hicks, seconded by Council Member Jordan, Approval of the minutes of the regular meeting of February 12, 2008, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item V Council Member Moss presented a Proclamation for Black History Month to Special Ms. Marian Eastman, Co-founder Jubilee Theater. Presentations Council Member Burns presented a Proclamation for Cowtown Marathon Day to the following representatives for The Cowtown: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 2 of 29 Dr. Bob Kaman Chairman, Cowtown Board of Directors Ms. Adelaide Leavens Member, Cowtown Board of Directors Ms. Heidi Swartz Executive Director, The Cowtown Mr. Jim Gilliland Race Director, The Cowtown Agenda Item VI Council Member Moss announced that the Stop 6 Heritage Center would Announcements continue its celebration of Black History Month with a program about the Rosenwald Schools. He stated that Ms. Gail Hansen would present the program on February 23, 2008, at 1:00 p.m. at the Dunbar Sixth Grade Center, 5100 Willie Street. He advised that the Rosenwald rural school building program was a major effort to improve the quality of public education for African Americans in the early twentieth-century and invited everyone interested to attend the event. Mayor Pro tem Hicks announced that the 2008 City of Fort Worth African American History Breakfast would be conducted on February 20, 2008, at 7:30 a.m. at the Fort Worth Convention Center, and on February 21, 2008, a public meeting to discuss the Gateway Park improvements would be conducted at 6:00 p.m. at the Inn Suites Hotel on Beach and IH 30. She also announced that on February 22, 2008, she along with Council Members Burns, Espino and former City Manager Charles Boswell and others, would hold an event for the farm workers at 5:00 p.m. at the Intermodal Transportation Center. She added that, as stated by Council Member Espino, the farm workers were the NAACP of the Hispanic community and stated that she was very proud to be part of this event. Council Member Espino announced that today was the first day of early voting for the March 4, 2008, Presidential Primary and encouraged everyone to go out and vote for the candidate of their choice. Agenda Item VII There were no items withdrawn from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Jordan, seconded by Council Consent Agenda Member Espino, the Council voted eight (8) ayes to zero (0) nays, with Council Member Silcox absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 3 of 29 OCS-1646 M&C OCS-1646 - 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-16051 M&C G-16051 - Adopting Ordinance No. 17986-02-2008 finding that the Ord. No. 17986-02- conditions have materially changed so that the reconstruction of Grant Avenue 2008 from East Peach to Gounah Street as included in the 1998 Capital Improvement Find Conditions Program (CIP) is no longer necessary and unwise; authorizing the transfer of Materially Changed 1998 Capital Improvement Program Funds designated for Grant Avenue to the Deleting Street reconstruction of Poindexter Street from Samuels Avenue to East Dead End; Reconstruction of Grant Avenue from authorizing the transfer of these funds for the construction of Poindexter Street 1998 CIP, Fund from Samuels Avenue to East Dead End; authorizing the City Manager to Rehabilitation of execute Change Order No. 1 to City Secretary Contract No. 35969 with 7LB Poindexter Street, Contracting, L.P., in the amount of $48,944.80 for construction of Poindexter and Execute Change Street from Samuels Avenue to East Dead End, thereby increasing the total Order No. 1 to CSC amount to $1,205,128.70; and accepting payment in the amount of$12,916.00 No. 35969 for from developer Carleton Construction, Ltd., for a portion of construction costs Construction of for Poindexter Street from Samuels Avenue to East Dead End. Poindexter Street and Accept Payment for Portion of Construction Costs P-10729 M&C P-10729 - Authorizing a purchase agreement with Aramark Uniform Rental of Floor Service, Inc., for rental of floor mats, mops, fender covers and shop towels for Mats, Mops, Fender the City of Fort Worth. Covers and Shop Towels P-10730 M&C P-10730 - Authorizing the purchase of two new Chevrolet Tahoe Chevrolet Tahoe vehicles using a term contract through Texas Procurement and Support Services Vehicles with Caldwell Country Dealerships for the Transportation and Public Works Department for a cost not to exceed $65,902.00, with payments due within 30 days of receipt of the invoices. C-22670 M&C C-22670 - Authorizing the City Manager to execute the amendment to Amendment to CSC the Economic Development Program Agreement with Presidio Hotel Fort No. 33870- Presidio Worth, L.P., (City Secretary Contract No. 33870), related to the redevelopment Hotel Fort Worth, of the Plaza Hotel, as previously amended. L.P. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 4 of 29 C-22671 M&C C-22671 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. I in the amount of $91,378.00 to City Secretary Contract No. 35556 with to CSC No. 35556- Conatser Construction TX, LP, for water paving, drainage and water Conatser improvements on Harris Parkway from Dutch Branch Road to Dirks Road (City Construction TX, Project No. 00005), part of the 2007 Critical Capital Needs Program. LP C-22672 M&C C-22672 - Authorizing the transfer of $698,082.64 from the Water and Ord. No. 17987-02- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 2008 $486,138.00 and Sewer Capital Projects Fund in the amount of $211,944.64; Texas United adopting Appropriation Ordinance No. 17987-02-2008 increasing estimated Excavators, L.L.C. receipts and appropriations in the Water Capital Projects Fund in the amount of $486,138.00 and the Sewer Capital Projects Fund in the amount of$211,944.64 from available funds, for the purpose of executing a contract with Texas United Excavators, L.L.C., for pavement reconstruction and water and sanitary sewer main replacement on portions of South Adams Street, West Felix Street, South Jennings Avenue, Townsend Drive, West Shaw Street and West Devitt Street (City Project No. 00273); and authorizing the City Manager to execute a contract with Texas United Excavators, L.L.C., in the amount of$2,368,265.00 for pavement reconstruction and water and sanitary sewer main replacement on portions of South Adams Street, West Felix Street, South Jennings Avenue, Townsend Drive, West Shaw Street and West Devitt Street. C-22673 M&C C-22673 - Authorizing the City Manager to execute a lease agreement Sundance Square with Sundance Square Management, L.P., for 46 parking spaces located in Lot Management, L.P. No. 3 at 601 East 5th Street for the Police Department at a cost of$2,300.00 per month. C-22674 M&C C-22674 - Authorizing the City Manager to execute a contract with Industrial Hygiene Industrial Hygiene and Safety Technology, Inc., for industrial hygiene and and Safety asbestos assessment services for an amount not to exceed $100,000.00 per year Technology, Inc. for the period April 1, 2008, to March 31, 2009, with the option to renew for two additional one-year periods. C-22675 M&C C-22675 - Authorizing the City Manager to execute a five-year office Spinks Leasing II, lease agreement with Spinks Leasing II, Inc., for office suites B, C, D, E, F, G, Inc. H and I along with storage area at Fort Worth Spinks Airport. C-22676 M&C C-22676 - Approving the correction of M&C C-22585 to correct the Correct M&C C- contractor's name to reflect "Crescent Constructors, Inc.", and therefore to 22585 - Crescent authorize the City Manager to execute a contract with Crescent Constructors, Constructors, Inc. Inc., in the amount of $983,000.00 for the Lake Worth Lift Station Replacement Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 5 of 29 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 of the City Council of the City of Fort Worth, Res. No. 3580-02- Texas, canceling and changing time of the regularly scheduled City Council 2008 meetings for the months of March through December 2008, as follows: Cancel and Change Time of Regularly 1. The City Council meeting of Tuesday, March 11, 2008, at 7:00 p.m., is Scheduled City hereby canceled. Council Meetings 2. The City Council meeting of Tuesday, June 24, 2008, at 10:00 a.m., is for Months of hereby canceled. March through 3. The City Council meeting of Tuesday, July 1, 2008, at 7:00 p.m., is December 2008 hereby canceled. 4. The City Council meeting of Tuesday, October 7, 2008, at 7:00 p.m., is hereby changed to Tuesday, October 7, 2008, at 10:00 a.m. 5. The City Council meeting of Tuesday, November 18, 2008, at 10:00 a.m., is hereby canceled. 6. The City Council meeting of Tuesday, November 25, 2008, at 10:00 a.m., is hereby canceled. 7. The City Council meeting of Tuesday, December 23, 2008, at 10:00 a.m., is hereby canceled. 8. The City Council meeting of Tuesday, December 30, 2008, at 10:00 a.m., is hereby canceled. Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Resolution No. 3580-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Res. No. 3581-02- There was presented a resolution approving the appointment of the following 2008 members to the Audit and Finance Advisory Committee effective Appoint Members February 19, 2008, and with terms expiring September 30, 2008; and approving to Audit and Council Member Jordan as the Chair and Mayor Pro tem Hicks as the Vice Finance Advisory Chair of the Committee, as follows: Committee and Approve Chair and Vice Chair of Committee CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 6 of 29 Place 1 Mike Moncrief Place 2 Jungus Jordan Place 3 Chuck Silcox Place 4 Kathleen Hicks Place 5 John Stevenson Place 6 William Leonard Council Member Jordan made a motion, seconded by Council Member Burdette, that Resolution No. 3581-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Joint Res. No. There was presented a joint resolution and agreement between the City of 3582-02-2008 Haslet and the City of Fort Worth releasing and accepting extraterritorial Agreement with jurisdiction (ETJ). City of Haslet Releasing and Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, Accepting ETJ that Resolution No. 3582-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council, at its meeting of February 5, 2008, continued G-16040 the public hearing for the application of Bobby Cox Companies, Inc., for Res. No. 3583-02- approval of a Municipal Setting Designation for the property located at 3709 2008 East First Street, Fort Worth, Texas, to the Texas Commission on Ord. No. 17988-02- Environmental Quality and adopt an ordinance prohibiting the potable use of 2008 designated groundwater from beneath the site. Mayor Moncrief opened the Support Municipal Setting Designation Public hearing and asked if there was anyone present desiring to be heard. at 3709 East First Street and Amend Mr. Brian Boerner, Director, Environmental Management Department, Chapter 12.5, appeared before Council, gave a staff report and called attention to Mayor and Article IV, Council Communication No. G-16040, as follows: Appendix "A",to Add Section 14 of There was presented Mayor and Council Communication No. G-16040, dated City Code February 5, 2008, 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, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 7 of 29 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. There being no one present in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the public hearing be closed, Mayor and Council Communication No. G-16040 be approved and Resolution No. 3583-02-2008 and Ordinance No. 17988-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16049 There was presented Mayor and Council Communication No. G-16049, dated Ord. No. 17989-02- February 12, 2008, from the City Manager recommending that the City Council 2008 adopt an ordinance establishing maximum permitted rates and charges that Approve Settlement Atmos Energy Corporation, Mid-Tex Division, may assess customers in the Agreement Between City of Fort Worth; approving and ratifying a related settlement agreement by Atmos Cities and between Atmos Energy Corporation, Mid-Tex Division, and the Atmos Steering Committee and Atmos Energy Cities Steering Committee, of which the City of Fort Worth is a member; Corp., Mid-Tex adopting declarations and findings related to rates and charges assessed to Division Regarding customers in the City of Fort Worth; repealing any previously adopted Statement of Intent ordinances in conflict herewith. to Change Gas Rates and Ordering Council Member Espino made a motion, seconded by Council Member Scarth, Authorized Gas that Mayor and Council Communication No. G-16049 be approved and Rates Ordinance No. 17989-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16052 There was presented Mayor and Council Communication No. G-16052 from Ord. No. 17990-02- the City Manager recommending that the City Council approve the ordinance 2008 adopting the City of Fort Worth 2008 Comprehensive Plan; analyzing Adopt population, economic and financial trends; describing municipal services and Comprehensive Plan facilities; describing economic and technological issues affecting development; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 8 of 29 describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16052 be approved and Ordinance No. 17990-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16053 There was presented Mayor and Council Communication No. G-16053 from Res. No. 3584-02- the City Manager recommending that the City Council adopt a resolution 2008 increasing the maximum amount to be paid to Cantey & Hanger by Increase Payment $200,000.00 for assisting the City with legal issues including, but not limited for Assistance with to, real estate concerning the Southwest Parkway (SH 121T), thereby Legal Issues Including Real establishing the maximum fee at $800,000.00. Estate Concerning Council Member Jordan made a motion, seconded by Council Member Moss, Southwest South Parkway Sou west that Mayor and Council Communication No. G-16053 be approved and Resolution No. 3584-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16054 There was presented Mayor and Council Communication No. G-16054 from Confirm Executive the City Manager recommending that the City Council confirm the appointment Deputy Chief of Executive Deputy Chief Patricia Kneblick as Police Chief in an interim Patricia Kneblick as capacity effective at 12:01 a.m., March 1, 2008. Interim Police Chief City Manager Fisseler advised that Chief Ralph Mendoza would retire on February 29, 2008, and that Executive Deputy Chief Kneblick would serve as Police Chief in an interim capacity until the City completed a selection process for Police Chief. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16054 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Executive Deputy Chief Kneblick expressed appreciation to the Council for their support of her appointment as interim Police Chief. She advised that the City experienced a reduction in the crime rate for 2007 and stated that she looked forward to working with the men and women of the Fort Worth Police Department, the Council and citizens to make Fort Worth the safest city in the nation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 9 of 29 G-16055 There was presented Mayor and Council Communication No. G-16055 from Res. No. 3585-02- the City Manager recommending that the City Council adopt a resolution 2008 authorizing the maximum amount to be paid to Whitaker, Chalk, Swindle & Ord. No. 17991-02- Sawyer, LLP, to assist the City in matters concerning Water Department and 2008 Transportation and Public Works (T/PW) contracts; adopt a supplemental Ord. No. 17992-02- appropriation ordinance increasing appropriations in the General Fund in the 2008 amount of $25,000.00 and decreasing the unreserved, undesignated fund Increase Payment to Assist in Matters balance by the same amount, for the purpose of increasing the amount to be Concerning Water paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for assisting the City in Department and matters concerning contracts for the Transportation and Public Works T/PW Contract Department; and adopt a supplemental appropriation ordinance increasing appropriations in the Water and Sewer Fund in the amount of$25,000.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for assisting the City in matters concerning contracts for the Water Department. Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16055 be approved and Resolution No. 3585-02-2008 and Supplemental Appropriation Ordinance Nos. 17991-02-2008 and 17992-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16056 There was presented Mayor and Council Communication No. G-16056 from Confirm the City Manager recommending that the City Council confirm the appointment Appointment of of Ms. Sharon E. Barnes as a member of the Firefighters' and Police Officers' Sharon Barnes to Civil Service Commission effective February 19, 2008, and with a term Firefighters' and expiring October 1 2010. Police Officers' Civil Service Commission Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16056 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Mayor Moncrief acknowledged Ms. Barnes's presence in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 10 of 29 G-16057 There was presented Mayor and Council Communication No. G-16057 from Res. No. 3586-02- the City Manager recommending that the City Council adopt the resolution 2008 adopting the Land Use Assumptions and Capital Improvements Plan (CIP) of Adopt Land Use the "Transportation Impact Fee Final Report", December 2007, prepared by Assumptions and Kimley-Horn and Associates, Inc., and on file with the City Secretary. CIP of "Transportation Mr. Lee Nicol, 3882 South Hill, Chair of the Development Advisory Council Impact Fee Final (DAC) appeared before Council in support of the resolution. He read from a Report", December letter that outlined the DAC's position on transportation impact fees as follows: 2007— Lee Nicol 1. That the DAC endorsed the promulgation of a fair and equitable transportation impact fee on applicable new development in concert with CIP bond programs. 2. That the DAC enthusiastically supported the current $150 million CIP bond proposal and would seek to gather support from the various trade and industry groups represented by its members. 3. That the DAC requested Council postpone today's consideration of M&C G-16057 concerning adoption of the land use/CIP element of the proposed transportation impact fee to the March 4, 2008, Council meeting. 4. That the DAC strongly urged, for the sake of integrity of the process and to engender community consensus on this currently contentious issue, that the 29 member Development Advisory Committee immediately commence deliberations on the tasks outlined in the only meeting held to date—November 2007. 5. That the DAC requested the Development Advisory Committee be allowed to hire the consultant privately to speed the selection and study process. Mr. Nicol also pointed out the following: a. That the DAC and many affected industries felt that they had been at best under-represented and at worst repeatedly ignored over the past two years of transportation impact fee deliberations. b. Interaction to come to a consensus on several basic building block assumptions in the Land Use Assumptions/Capital Improvement Plan had been unsatisfactory and inconclusive potentially resulting in inaccurate fee assessment calculations. c. If a postponement was granted, a technical sub-committee of DAC formed last fall would meet again with the staff and its third party consultants between now and February 28, 2008, to attempt a consensus. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 11 of 29 d. That the original Advisory Committee was too small and did not begin to represent the stakeholders. Although the committee had been expanded in November 2007, through the efforts of the Fort Worth Chamber of Commerce, meaningful deliberations have not begun to include the issue being considered today. e. That it was essential that the committee meet immediately, regularly and meaningfully. That as part of its five point charge, the committee should suggest policy to the City Council and especially consider the cumulative impact of all of the City's increases in the cost of development to insure that Fort Worth remained competitive for new development opportunities. f. That the committee further be prepared to suggest solutions to allow the City to meet its essential financial obligations while addressing the roadway funding crisis faced by the City. Council Member Espino expressed appreciation to Mr. Nicol and the Development Advisory Committee for their contributions to the City. He clarified that the Council was not voting today to assess impact fees but to adopt the land use assumptions and Capital Improvement Plan. He stated that in the interim, as the Council looked to actually compose an impact fee, that the City continue the process along the timeframe discussed previously, that being April 2008. He added that City staff could meet with the committee to determine if the 50 percent impact fee amount was the revenue neutral amount. Council Member Jordan stated that he attended the Development Advisory Committee yesterday and heard their concerns. He advised that the committee needed to be included in the dialog on this issue. He stated that he was advised by staff that the Council was simply stating that the City intended on moving forward on a timetable to adopt impact fees and the committee would continue to work to review the numbers and provide counsel to the Council. Acting Assistant City Manager Fernando Costa clarified that the action the Council was contemplating was to accept the land use assumptions and Capital Improvement Plan as set forth in the final report by the consultant dated December 2007; that it would not establish the impact fee level. He added that the Development Advisory Committee yesterday requested a two week deferral of that action to allow representatives of that Committee to work with City staff to resolve certain questions about the technical data incorporated into the impact fee report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 12 of 29 Council Member Jordan asked Mr. Costa if today's action would impact the discussion or analysis by the private sector advisors. Mr. Costa advised that it would not impact the process. Council Member Scarth asked Mr. Nicol about his concerns with adopting the land use study and what would be a reasonable timetable to try and make some modifications. Mr. Nicol stated that the committee understood that today's action would not set the impact fee rates; however, the concern was there were a dozen fundamental issues that the committee members disagreed on that never had an impartial third party involved. Council Member Scarth inquired if a two-week delay would affect the timetable on this issue. Acting Assistant City Manager Costa advised that state law provided 30 days after the public hearing to act on the study assumptions. He added that the Council conducted the public hearing on February 12, 2008, and 30 days from that date equated to the March 11, 2008, Council meeting; however, that meeting was canceled today, therefore the Council had until March 4, 2008, to act on those assumptions. He further stated that the study assumptions were important as they effectively set the maximum impact fee levels for each of the 27 service areas; after study assumptions were adopted, the Council would determine what percentage of the impact fee would be set as a matter of policy. He stated that if action was delayed for two weeks, Council could still take action on the impact fee ordinance by the end of April 2008. Council Member Espino stated that a two-week delay would not impact the process. However, he pointed out that this process needed to be acted upon quickly and pointed out that the needs of everyone in the City had to be taken into account. He added that this issue had been debated for two years and if staff could assure him that the City could move forward at the timeframe of April by granting this two week request, he did not have a problem; however, if the two-week delay slowed the process beyond April, he would not be in support of that initiative. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, advised that the Capital Improvement Advisory Committee was going to meet in early March. She added that with a two-week delay the committee would meet probably the fourth Wednesday in March; however, she needed to confirm CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 13 of 29 that Council could establish the public hearing date in March. She stated that she would have to coordinate with the consultants to confirm that it would be by the end of April, or early May. Mr. Aaron Nathan, consultant for Kimley-Horn, explained that relative to the schedule if during the two-week process if something was changed on the report, the City would have to, by law, go back to the Capital Improvements Advisory Committee and have the new report adopted and also reopen the public hearing because there were changes to the report. If this were adopted today and no changes were made, the City could move forward and make the April date. Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16057 be approved and Resolution No. 3586-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16058 There was presented Mayor and Council Communication No. G-16058 from Ord. No. 17993-02- the City Manager recommending that the City Council adopt an appropriation 2008 ordinance increasing estimated receipts and appropriations in the Storm Water Increase Storm Capital Projects 2007 Revenue Bonds Fund in the amount of $25,000,000.00 Water Capital from the sale of Storm Water (Drainage) Revenue Bonds, Series 2007, for the Projects Fund for purpose of funding capital improvements to the storm water infrastructure Proceeds from Sale of Storm Water system. (Drainage) Revenue Bonds, Series 2007 Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16058 be approved and Appropriation Ordinance No. 17993-02-2008 be adopted. 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 G-16059 consider a waiver for a high impact gas well permit requested by Chesapeake Waive High Impact Operating, Inc., to allow the drilling of one gas well on Pad "A" of the Gas Well Permit to Duckhead Lease located at 7397 Randol Mill Road Northwest of the Allow Drilling of intersection of Randol Mill Road and Cooks Lane. Mayor Moncrief opened the Gas Well on Pad public hearing and asked if there was anyone present desiring to be heard. A of Duckhead Lease Ms. Susan Alanis, Acting Director, Planning and Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-16059, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 14 of 29 There was presented Mayor and Council Communication No. G-16059 from the City Manager recommending that the City Council consider a waiver for a high impact gas well permit requested by Chesapeake Operating, Inc., to allow the drilling of the Duckhead 3H gas well on Pad "A" of the Duckhead Lease located in the W.H. Morris Survey, Abstract No. 1053, Tract 3A, northwest of the intersection of Randol Mill Road and Cooks Lane. Mercedes Bolen She introduced Ms. Mercedes Bolen, 301 Commerce Street, representing Chesapeake Operating, Inc., who provided an explanation of the location of the well site at Mallard Cove Park. She advised that the Parks and Community Services Advisory Board unanimously approved their request and that City staff had scheduled the public hearing at an evening meeting on February 5, 2008; however, due to a clerical error, the public hearing had to be rescheduled for today. Council Member Scarth inquired if this well would be the last well drilled at this site. Ms. Bolen responded that this well would be the indicator of whether or not the well would be the last well drilled at the site; and that the company would use this well to determine if it would be economical to produce more resources from this site. Tiffany Ahner Ms. Tiffany Ahner, 408 Shadow Glass Avenue, appeared before Council in opposition of the gas well. She expressed her discontent that the hearing was not scheduled for an evening meeting which would have allowed greater public attendance and advised the Council of the two reasons she was given that the hearing could not be rescheduled. She stated that Susan Alanis, Planning and Development Department Acting Director, informed her that one reason was that the City Council would take action on the Duckhead location adjacent to Mallard Cove Park on February 19, 2008, due to time concerns expressed by the operator; the second reason was that the ordinance stipulated that the operator's request should be heard by the City Council within 45 days of receipt. She noted that the 45 days had been significantly exceeded at this point. Ms. Ahner countered those reasons with Ms. Bolen's comments to the neighborhood that Chesapeake wanted to be a good neighbor to all residents and questioned why Chesapeake did not allow the hearing to be scheduled for an evening Council meeting where more of the residents could be present. She expressed concerns with the following: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 15 of 29 1. Safety of residents. She referred to the April 22, 2006, explosion in Forest Hill that killed one employee and necessitated the evacuation of residents within one-half mile of the drill site. She also advised of a more recent explosion reported by the Associated Press (AP) on February 15, 2008, in McCook, Texas that injured one person on property next to where a 20-inch pipeline exploded. She pointed out that in the case of Mallard Cove Park and Chesapeake's request for a high impact well, her community would be the property next to the well site. 2. That they have reason to believe that a gas line was planned in the near future to go across Mallard Cove Park. There had already been staking on the property and mature trees marked for removal. 3. They are aware that the Texas Railroad Commission regulated pipelines, but agreed with Council Member Silcox that the City needed to find out if the City could impose its own rules on the gas lines. 4. They are concerned about the noise level, truck traffic, their quality of life, property values and the impact on resale of their homes. 5. The use of approximately 4.5 million gallons of water used in the fracing process for just one well. That Fort Worth was already using all the existing available surface water in the area and must import a large supply of water from East Texas. 6. The composition of the Gas Well Task Force being four members from the energy companies, five from development, real estate, land use companies and with the remainder being composed of the Council Members and the Mayor. She questioned why there were no members representing the neighborhoods and communities of Fort Worth, environmentalists, safety experts or the City's Water Department. She added that Assistant City Attorney Sarah Fullenwider provided information on what the Gas Well Task Force would study as follows: a. Controlling the number of wells in a given neighborhood at one time. b. Environmental impacts of gas drilling on air quality. c. Location of compressor stations. d. Erosion plans. e. Setback from protected uses. f. The use of land use consistent with the Comprehensive Plan to control locations of gas wells. g. Investigate new technology to reduce impact to neighborhoods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 16 of 29 She further stated that these studies would take time as well as the proposed recommendations and getting the recommendations approved. She asked what the neighborhood was to do in the meantime. She pointed out that the well would most likely be approved today, was the fourth well next to her neighborhood and the 105th well in District 4. She asked if these wells and all the wells drilled between now and the time the Gas Well Task Force convened were going to be "grandfathered in" and unaffected by future regulations. She urged the Council to vote against the well until the neighborhood's concerns were addressed. Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council in opposition of the high impact well permit. He requested that the Council delay action on all three proposed well sites on today's agenda until after the Gas Well Task Force met and submitted their recommendations to the Council. He stated that intensive thought was needed for the permitting of high impact gas wells located near public parks, recreational areas, natural creeks and streams and that environmental studies needed to be conducted on these issues. He requested that the Council use extreme constraint whenever facing a case that came before them without the full waiver and consent of any resident in the City, to include public parks and recreational centers. Council Member Scarth stated that there were multiple issues being addressed, e.g., water, environmental concerns that did not necessarily track directly to a high impact gas well site. He emphasized that there was no cleaner burning fossil fuel than natural gas. He pointed out that the well was located on an undeveloped park land where two wells currently existed and that the company was not creating a new pad site. He added that the site was not within 600 feet of a neighborhood but a park and that there was no funding to make Mallard Cove Park into a beautiful park; however, the revenue generated from the well could help develop the park. He asked staff what time constraints were known to require the Council to act within 45 days. Ms. Alanis stated there was none other than what the City's ordinance required and added that the City would continue to work with the operator if there was a delay approved today. Ms. Bolen stated that the company had proposed to drill at the site in March and pointed out that they were up against the expiration of a lease. She advised that there had already been a 90-day delay which had been costly for the operator and that the company had been working with the neighborhood to resolve their concerns. She advised the Council of sound surveys performed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 17 of 29 and that the company had placed additional sound barriers around the well. She advised of the company's noise suppression efforts and the addition of 20 foot sound walls at the site that had reduced the sound emanating from the well. Mayor Pro tem Hicks inquired how many wells could be drilled at this site. Ms. Bolen stated that two more could be drilled at the location for a total of five wells. Council Member Scarth stated that an additional community meeting was held on this issue on February 14, 2007, which was well attended. He added that this well would yield funds for Mallard Cove Park and pointed out the commitment from Chesapeake to go above and beyond to install sound walls around the well site. Council Member Jordan clarified that the Council went through a lot of effort to ensure the composition of the Gas Well Task Force did in fact include representatives from the neighborhoods. Council Member Scarth referred to the list of the appointments of the Gas Well Task Force and stated that there may have been some misinterpretation with the list reflecting the Council Members. He clarified that the list reflected the appointment from the individual Council Members and that the Council would not serve on the task force. There being no one else present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-16059 be approved. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks casting the dissenting vote and Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-16060 consider a waiver for a high impact gas well permit requested by Chesapeake Waive High Impact Operating, Inc., to allow the drilling of one gas well on Pad "A" of the Gas Well Permit to Henderson Bazaar Lease located northeast of the intersection of Jacksboro Allow Drilling of Highway and Cullen Drive. Mayor Moncrief opened the public hearing and GasGas Well on Pad of Henderson asked if there was anyone present desiring to be heard. Bazaar Lease— Continued Until Ms. Susan Alanis, Acting Director, Planning and Development Department, April 1, 2008 appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-16060, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 18 of 29 There was presented Mayor and Council Communication No. G-16060 from the City Manager recommending that the City Council consider a waiver for a high impact gas well permit requested by Chesapeake Operating, Inc., to allow the drilling of one gas well on Pad "A" of the Henderson Bazaar Lease located in the R. Crawley Survey, Abstract No. 313, Block 1, Lot 1, Henderson Street Bazaar Subdivision, northeast of the intersection of Jacksboro Highway and Cullen Drive. Ms. Mercedes Bolen was again introduced, representing Chesapeake Operating, Inc., who provided a summary of the well site. Council Member Burns expressed concern that this was very close to the river, park and trail system; however, it was also close to the route of the City's future bypass channel which would be excavated within approximately 200-300 feet from the site. He added that he did not want to do anything that would hinder or hamper the City's ability to pursue the Trinity River Vision proposal and related construction because of the location of the well site. He also inquired about the placement of the pipeline related to this well site and if it would hinder construction for the river bypass, as well as how the pipeline would impact the proposed bridges that would be built on Henderson. Ms. Bolen stated that Chesapeake had been in contact with the Trinity River Vision Department as well as the Tarrant Regional Water District. She added that similar concerns were brought before the Parks and Community Services Advisory Board and Mr. Harold Pitchford, Parks and Community Services Department Assistant Director, addressed those concerns and advised that he had discussed this with Mr. Randle Harwood, Trinity River Vision Department Director, who stated there would be no impact to the river or the proposal for the river. Council Member Espino advised that this location bordered District 2 and requested that he be included in further discussions of this well site. Mayor Pro tem Hicks requested that the public hearing be continued to an evening Council meeting to allow more public to attend. Council Member Burdette requested clarification on the location of the bypass channel. Ms. Bolen stated that the bypass channel would be located on the opposite side of the railroad track from the well site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 19 of 29 There being no one else present desiring to be heard in connection with the public hearing, Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that the public hearing and Mayor and Council Communication No. G-16060 be continued until the April 1, 2008, Council meeting. 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 G-16061 consider a waiver for a high impact gas well permit requested by Chesapeake Waive High Impact Operating, Inc., to allow the drilling of four gas wells on Pad "A" of the White Gas Well Permit to Lake Lease located northwest of the intersection of First Street and Oakland Allow Drilling of Road. Mayor Moncrief opened the public hearing and asked if there was Gas Well on Pad anyone present desiring to be heard. "A" of White Lake Lease— Continued Until Ms. Susan Alanis, Acting Director, Planning and Development Department, March 4, 2008 appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-16061, as follows: There was presented Mayor and Council Communication No. G-16061 from the City Manager recommending that the City Council consider a waiver for a high impact gas well permit requested by Chesapeake Operating, Inc., to allow the drilling of the White Lake 5H, 6H, 7H and 8H gas wells on Pad "A" of the White Lake Lease located in the J. Blackwell Survey, Abstract No. 148, Block 1, Lot IA, Arc Park Subdivision, northwest of the intersection of First Street and Oakland Road. She was again introduced Ms. Mercedes Bolen, representing Chesapeake Operating, Inc., who provided a summary of the well site. Verne LaBelle Mr. Verne J. LaBelle, 408 Chandler Lake Drive, appeared before Council in support of the permit. He stated that the revenue generated from the well would benefit the residents, especially residents who were on fixed incomes. He urged the Council to approve the permit. David Turek Mr. David Turek, 416 Forest River Court, appeared before Council in opposition of the permit. He expressed concerns that no pictures of the well site were available that had been taken from Oakland towards the site and there had not been information provided relative to the truck route. He added that he was not willing to sell his quality of life for the wells and requested that the public hearing be moved to an evening meeting to allow more public attendance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 20 of 29 Mayor Moncrief stated that the issue of gas wells was a very difficult issue for the Council to consider and that the Council had to take into account various aspects. He concurred that this was a quality of life issue and advised that as activity continued in the Barnet Shale the issue would not get easier and that was why the Gas Well Task Force was reconvened. There being no one else present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the public hearing and Mayor and Council Communication No. G-16061 be continued until the March 4, 2008, Council meeting. 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 G-16062 concerning the designation of Tax Abatement Reinvestment Zone No. 67, City Ord. No. 17994-02- of Fort Worth, Texas, for property located near Henrietta Creek Road and 2008 Independence Parkway. Mayor Moncrief opened the public hearing and asked Designate Tax if there was anyone present desiring to be heard. Abatement Reinvestment Zone Mr. Mark Folden, Business Development Coordinator, Economic and No. 67 Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-16062, as follows: There was presented Mayor and Council Communication No. G-16062 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone Number Sixty-Seven (No. 67), City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 67, City of Fort Worth, Texas", pursuant to and in accordance with Chapter 312 of the Texas Tax Code; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. 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. G-16062 be approved and Ordinance No. 17994-02-2008 be adopted. 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 FEBRUARY 19, 2008 PAGE 21 of 29 L-14472 There was presented Mayor and Council Communication No. L-14472 from the Advertise Bids for City Manager recommending that the City Council authorize the City Manager Natural Gas Leases to receive and consider bids for gas leases for certain Water Treatment for Certain Water Facilities, Lake Worth, identified City parks, Meadowbrook Golf Course, Will Treatment Rogers Memorial Center, miscellaneous parcels and right-of-way, as follows: Facilities, Lake Worth, Identified City Parks, Estimated Meadowbrook Golf Description Mineral Acres Course,Will Rogers Memorial Center, Holly Water Treatment Plant 63 Miscellaneous Lake Worth Zone 113 859 Parcels and Right- Lake Worth Zone 2 1,445 of-Way Lake Worth Zone 3 2,117 Lincoln/Marine Creek Linear/Rodeo Parks 61 Meadowbrook Golf Course 130 Rolling Hills Water Treatment Plant 137 Will Rogers Memorial Center 110 Miscellaneous Parcels and Right-of-Way 500 Total Estimated Mineral Acres 5,422 Joe Waller Mr. Joe Waller, 2533 Castle Circle, President, Lake Worth Alliance, appeared before Council in opposition of the bid process. He expressed concern with the bid process and advised that environmental issues had not been addressed. He pointed out that any drilling activity around Lake Worth had the potential of resulting in catastrophic consequences and it would be prudent that the drilling be approached with great care. He suggested that the process be examined in order for more people to have input to the Engineering Department about what may or may not make sense environmentally with respect to drill site locations and harvesting the minerals under Lake Worth. He requested that Council delay this issue to allow for further discussion, especially since no gas well leases were affected. Michael Dallas Mr. Michael Dallas, 8437 Island View, President of the Scenic Shores Neighborhood Association, appeared before Council in opposition of the bid process. He stated that the association would like to see the process go through an intensive review to allow greater participation from everyone impacted by the gas well. Council Member Burdette stated that the ecology of Lake Worth was a top concern of the Council. He advised that the proposal today was not the granting of any permits to drill any wells. He pointed out that the process of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 22 of 29 drilling wells required a lot of input from a lot of different people, City departments, gas drilling industry and the public. He added that what was being proposed was the invitation to bid to individuals who might be interested in obtaining oil and gas leases in the City and present their proposals. He stated that after that point, the Council would evaluate the input from staff as to what was and was not feasible. He added that the dredging process at Lake Worth would not be done over night; that permits from the state must still be received which could take a year or more. He stated that simply getting some proposals about the drilling from the industry would not impact the City's ability to evaluate ecological issues. Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14472 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-14473 authorize the conversion of approximately 18,092 square feet of parkland at Convert Parkland at Falcon Ridge Park for the purpose of a public right-of-way. Mayor Moncrief Falcon Ridge Park opened the public hearing and asked if there was anyone present desiring to be for Public Right-of- heard. Way 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-14473, as follows: There was presented Mayor and Council Communication No. L-14473 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 for the conversion at Falcon Ridge Park, 498 Broadleaf Drive, for the location of the right-of-way; find that the proposed conversion includes all reasonable planning to minimize harm to the park; and close the public hearing and authorize the City Manager to convert approximately 18,092 square feet of parkland in Falcon Ridge Park for use as public right-of-way. 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 Moss, that the public hearing be closed and Mayor and Council Communication No. L-14473 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 FEBRUARY 19, 2008 PAGE 23 of 29 PZ-2774 There was presented Mayor and Council Communication No. PZ-2774 from the Ord. No. 17995-02- City Manager recommending that the City Council accept the release of this 2008 property from the Haslet extraterritorial jurisdiction and institute and consider Release Property the adoption of an ordinance declaring certain findings; providing for the from Haslet extension of certain boundary limits of the City of Fort Worth; providing for the Extraterritorial annexation of an approximately 2.1 acre tract of land situated in the Greenberry Jurisdiction for Owner-Initiated Overton Survey, Abstract No. 1185, situated about 15.7 miles north one (1) Annexation degree west of the courthouse, Tarrant County, Texas (Case No. AX-08-001 (AX-08-001 Hillwood), located south of Intermodal Parkway and west of FM 156, which Hillwood) said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Thad Brundrett Mr. Thad Brundrett, 777 Main Street, appeared before Council in support of the annexation. Yvett Sanders Ms. Yvett Sanders, 9863 Gessner Drive, Keller, Texas, appeared before Council in opposition of the annexation. She requested clarification of the annexation in relation to her residence. City Manager Fisseler clarified that this was a recommendation to work with the City of Haslet to build a new building; no residents were involved and stated that it was just an exchange between the City of Haslet and the City of Fort Worth. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ-2774 be approved and that Ordinance No. 17995-02-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22677 There was presented Mayor and Council Communication No. C-22677 from the Texas Midstream City Manager recommending that the City Council authorize the City Manager Gas Services, LLC to execute a Public Right-of-Way Use Agreement with Texas Midstream Gas Services, LLC (Texas Midstream Gas Services), that grants Texas Midstream Gas Services a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Trinity Boulevard near Precinct Line Road. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22677 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 FEBRUARY 19, 2008 PAGE 24 of 29 C-22678 There was presented Mayor and Council Communication No. C-22678 from the Texas Midstream City Manager recommending that the City Council authorize the City Manager Gas Services, LLC to execute a Public Right-of-Way Use Agreement with Texas Midstream Gas Services, LLC (Texas Midstream Gas Services), that grants Texas Midstream Gas Services a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Mitchell Boulevard, Glen Garden Drive and Glen Garden Avenue. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22678 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22679 There was presented Mayor and Council Communication No. C-22679 from the Baker-Clearview City Manager recommending that the City Council authorize the City Manager Operating, LLC to execute a contract with Baker-Clearview Operating, LLC, to construct, install and manage builder kiosk structures for homebuilders and developers as part of an effort to reduce the proliferation of "bandit" signs used by homebuilders and developers to advertise their product. Council Member Burdette inquired how long it would be before kiosks were placed on the ground. Ms. Susan Alanis, Planning and Development Department Acting Director, advised that staff had been preparing the contract and anticipated that the contract would be executed within the next week or so. She added that the vendor had indicated it would be about 60 days to place the first 50 structures on the ground. Council Member Burns inquired if the process was competitive in which several companies were involved, including the Builders Association. Ms. Alanis responded affirmatively. Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-22679 be approved with appreciation to Kiosk Evaluation Committee members for their work on this process. 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 FEBRUARY 19, 2008 PAGE 25 of 29 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL 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 26, 2008. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-08-006 There was presented Zoning Docket No. ZC-08-006 and Site Plan No. SP-08- SP-08-002 002, application of NCD Development for a change in zoning of property Approved located at 8250 Anderson Boulevard from "G" Intensive Commercial to "PD/G" Planned Development for all uses in "G" Intensive Commercial, plus hotel, and with site plan required. Council Member Scarth made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-08-006 and Site Plan No. SP-08-002 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-08-009 There was presented Zoning Docket No. ZC-08-009, application of Primary Approved Realty Assets, L.P., for a change in zoning of property located in the 9600 block of Trinity Boulevard from "R2" Townhouse/Cluster Residential to "C" Medium Density Multifamily Residential. Mayor Moncrief advised that Ms. Brandy O'Quinn had submitted a speaker card in support of the zoning case. Council Member Moss made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-08-009, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-08-011 There was presented Zoning Docket No. ZC-08-011, application of Discovery Approved Church for a change in zoning of property located at 7401 West Cleburne Road from "C" Medium Density Multifamily Residential to "PD/SU" Planned Development/Specific Use for the following uses: Day Care Center (child or adult); Kindergarten; School, elementary or secondary (public or private); Government office facility; Museum, library or fine arts center; Ambulance dispatch station; Assisted living facility; Care facility; Health services facility, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 26 of 29 including doctor's office or medical clinic; Hospice; Hospital; Massage therapy and spa; Nursing home (with full medical services); Center, community recreation or welfare, private or non-profit; Country club (private); Golf course; Park or playground (public or private); Place of worship; Place of worship auxiliary use; Amusement, indoor; Health or recreation club; Lodge or civic club; Drive in restaurant or business; Restaurant, cafe, cafeteria; Bank, financial institution; Theater, movie theater or auditorium; Offices; Business college or commercial school; Caterer or wedding services; Copy store or commercial print center without off-set printing; Interior decorating; Medical supplies/equipment sales or rental; Optician; Photograph, portrait/camera shop or photo finishing; Studio, art or photography; to be developed under the "E" Neighborhood Commercial development guidelines, with site plan required. Council Member Jordan made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-08-011, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. SP-08-003 There was presented Site Plan No. SP-08-003, application of Greystone Approved Communities, Inc., for a site plan of property located at 2501 Museum Way for amendment for "PD-735" Planned Development for a retirement community to change the overall configuration. Council Member Burns made a motion, seconded by Council Member Jordan, that Site Plan No. SP-08-003, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-08-027 There was presented Zoning Docket No. ZC-08-027, application of AIL Approved Investment, L.P., Westport Park #20, Ltd., for a change in zoning of property located in the 14000 block of FM 156 from unzoned to "K" Heavy Industrial. Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-08-027, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. 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: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 27 of 29 ORDINANCE NO. 17996-02-2008 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 eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XVI Mr. Leroy Comley, 2604 Market Avenue, appeared before Council relative to Citizen corruption in the Police Department Internal Affairs and the City. He provided Presentations a brief history of various incidents that he had experienced with the City's Leroy Comley Police Department, the District Attorney's office and the issue of documents he wanted returned to him from the Police Department. Mayor Moncrief requested that Mr. Comley meet with First Assistant City Manager Joe Paniagua to address his concerns. Brenda Sanders- Ms. Brenda Sanders-Wise, representing the Fort Worth League of Wise Neighborhood Associations, appeared before Council relative to the 2008 Bond Program. She advised that the Board of Directors of the League had met on February 18, 2008, to consider the concerns expressed by constituent organizations regarding the perceived need to separate the vote on the funding for the Trinity River Vision (TRV) bridges construction, proposed as part of the City's commitment to the TRV, from the balance of the 2008 Bond proposal. She added that, not wanting to possibly jeopardize the much needed street and bridge infrastructure improvements, the League unanimously approved the following resolution, a copy of which was provided to the Council Members: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 PAGE 28 of 29 "It is resolved by the Fort Worth League of Neighborhood Associations that the Fort Worth City Council is requested to take such action at its February 26, 2008, meeting as may be necessary to separate the $10.2 million item for Trinity River Vision bridges construction from the balance of the present bond proposition; and It is further resolved that the proposed Trinity River Vision bridges funding be submitted to the voters as a separate proposition; It is finally resolved that the Fort Worth City Council place this matter on its agenda for action at its February 26, 2008, meeting." Jim Ashford Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to a gas well compressor noise. He provided handout information to the City Council, which included a memorandum from Fernando Costa, Director of Planning and Development, dated January 8, 2008; and an aerial photograph of the subject gas well location and a photograph of the gas well. He spoke about the contents of the memorandum and his disagreement with the comments in the memorandum. Diane Wood Ms. Diane Wood, 2308 Aster Avenue, representing Concern Citizens for Impeachment of President Bush and Vice President Cheney, appeared before Council relative to their providing a resolution in support of the impeachment. She provided handouts of the impeachment resolution to the City Council and a petition document with approximately 92 signatures. She pointed out that she had submitted to the Council a number of petitions signed by approximately 337 residents in support of the effort and spoke about the reasons the impeachment process should be supported. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council requesting support for the impeachment of the President and Vice President of the United States. Mayor Moncrief advised that no member of the Council had expressed an interest in supporting a movement to impeach the President or 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 12:26 p.m. to: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19,2008 PAGE 29 of 29 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues regarding the Continuing Agreement with Cytec Industries, Inc.; b) Legal issues relating to tax foreclosure of 3625 East Loop 820; c) 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. Reconvened The City Council reconvened into regular session at 2:05 p.m. Agenda Item XVIII There being no further business, the meeting was adjourned at 2:05 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 261' day of February, 2008. Attest: Approved: NJ flriief Marty endrix Michael . City Secretary Mayor