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HomeMy WebLinkAbout2008/05/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Chuck Silcox, District 3 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 Salvador Espino, District 2 Council Member Daniel Scarth, District 4 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 7:02 p.m. on Tuesday, May 6, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Scarth absent. Agenda Item II The invocation was given by Pastor David Daniels, Pantego Bible 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 April 29, 2008, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Agenda Item V Mayor Pro tem Hicks presented a Proclamation for National Train Day to Ms. Special Joy Smith, Assistant Superintendent of Passenger Services, Southwest Presentations Amtrack. Council Member Jordan presented a Proclamation for Panthers's Day in Panther City to Mr. Tommy Braket, North Crowley High School Basketball Coach, and members of the Texas Class 5A Championship Team. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 2 of 24 Agenda Item V Council Member Burdette presented a Proclamation for the Fort Worth Cats Special Week to Carl Bell, owner and CEO of the Cats Baseball team and other Presentations members of the Cats organization. Mr. John Dietrich, President of the Cats (Continued) organization, recognized former major league baseball players Maury Wills and Jack Lindsey who played shortstop for the Los Angeles Dodgers and cited their contributions to the organization. The proclamation celebrated their opening day on May 8, 2008, and the beginning of their 120th season. Agenda Item VI Council Member Burns advised the Council of a fire at the home of Jesse and Announcements Elena Sandoval last week that claimed the life of Elena. He requested that the meeting be adjourned in her memory. He announced that the Fairmount Neighborhood Association would conduct their 26th Annual Tour of Homes on May 10-11, 2008, from noon to 6:00 p.m., starting with a parade on Magnolia Street. He also announced that a public meeting on the redesign for Burnett Park would be conducted on May 7, 2008, at 5:30 p.m. at the Intermodel Transportation Center and invited everyone interested to attend. Council Member Silcox advised of an informational handout relative to grass clippings that was available in English and Spanish. He provided information on the handout's contents and reminded everyone that blowing grass clippings, leaves and other debris in the streets was illegal and punishable by a fine up to $2,000.00. Council Member Burdette announced that the newly formed West Point Neighborhood Association would conduct their meeting on May 8, 2008, at 7:00 p.m. at Chapel Creek Fellowship Church, at 501 Academy Boulevard and encouraged everyone interested to attend. Mayor Pro tem Hicks expressed appreciation to City Manager Fisseler, Assistant City Manager Tom Higgins, and her aide Devan Allen, for attending a very successful District 8 Advisory Board Meeting on April 29, 2008. She also encouraged everyone in the City to go and vote on May 10, 2008, in the Bond Election and other elections being held. Council Member Jordan echoed Mayor Pro tem Hicks's announcement relative to voting in the May 10, 2008, Bond Election. He announced that the City was in the midst of the storm season and there had been a real issue this year with brush and trees being picked up. He added that it was important for citizens to remember that when laying brush on the curb to ensure the brush was not placed underneath electrical lines, near fences or structures or co-mingled with trash, so as not to endanger the life of those individuals picking up the brush piles. He further stated that he had asked staff for an informational handout on this issue to ensure the word gets out. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 3 of 24 Agenda Item VI Mayor Moncrief announced that he attended a meeting on May 5, 2008, at Announcements University Christian Church, that was called by members of the faith (Continued) community to address the issue of homelessness in the City. He stated that over 400 people and members of all faith traditions were present and came together on a mission to make the connection of faith, housing and hope. He added that a member of each faith addressed the issue of homelessness and all listened to what one another had to say and all agreed that something needed to be done to address homelessness now. He assured everyone that the Council and City would continue to focus efforts on homelessness and pointed out that a majority of homeless people were comprised of women and children. Agenda Item VII City Manager Fisseler requested that Mayor and Council Communication No. Withdrawn from C-22793 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Fisseler requested that Mayor and Council Communication No. Continued/ G-16128 and C-22793 be continued until the May 13, 2008, Council meeting Withdrawn By Staff and that P-10777 be withdrawn from consideration. Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Jordan, the Council voted seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: Agenda Item XII M&C OCS-1658 - from the Office of the City Secretary recommending that the OCS-1658 City Council authorize the acceptance of these liability bonds as follows: Liability Bonds PARKWAY CONTRACTOR INSURANCE COMPANY Advanced Paving Acquisition, Ltd. SureTec Insurance Company Bubco Group, Inc. RLI Insurance Company The Fain Group, Inc. Merchants Bonding Company Hidalgo Industrial Services, Inc. SureTec Insurance Company Daniel Kinser RLI Insurance Company Jose Maldonado d/b/a Maldonado Construction RLI Insurance Company Ox Concrete RLI Insurance Company S.P.S.D., Site Planning Site Developing SureTec Insurance Company Steele &Freeman, Inc. Federal Insurance Company Steward Construction State Farm Fire & Casualty Company Texas Concrete Contractors RLI Insurance Company Western Star Concrete Western Surety Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 4 of 24 OCS-1659 M&C OCS-1659 - 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-16123 M&C G-16123 - Approving the settlement of a claim filed by The Dent Law Settle Claim Filed Firm on behalf of Kimberly Burba; authorizing the payment of $95,000.00 to by The Dent Law Kimberly Burba and The Dent Law Firm in full and complete settlement of the Firm on Behalf of referenced claim; and authorizing the appropriate City personnel to execute any Kimberly Burba releases and agreements necessary to complete the settlement. G-16124 M&C G-16124 - Authorizing the City Manager to appoint Mr. Thomas M. Appointment of Lewis to Place 3, Fire Protection Professional, of the City's Construction and Place 3 to Fire Prevention Board of Appeals, effective May 6, 2008, and with a term Construction and expiring October 1, 2009. Fire Prevention Board of Appeals G-16125 M&C G-16125 - Authorizing the City Manager to accept, if awarded, a grant Ord. No. 18073-05- amendment from the Federal Aviation Administration (FAA) in the amount of 2008 $55,666.00; and adopting Appropriation Ordinance No. 18073-05-2008 Accept Grant increasing estimated receipts and appropriations in the Airport Grants Fund in Amendment from the amount of $55,666.00, subject to the grant amendment from the Federal FAA for Purchase Aviation Administration, for the purchase of a new airport rescue firefighting of New Airport Rescue Firefighting apparatus at Fort Worth Alliance Airport. Apparatus at Alliance Airport G-16126 M&C G-16126 - Authorizing the City Manager to reimburse Hillwood Reimburse Hillwood Development Corporation in the amount of $102,889.18, for user refunds on Development on-site credits for Fort Worth Alliance Airport, Phase I Water Facilities, Corporation for including the Airport Tract, Freeway Tract and Southern Tract in north Fort Water System User Worth. Refunds on On-Site Credits P-10782 M&C P-10782 - Authorizing the purchase and installation of an automated Automated biochemical oxygen demand reader analyzer and on-site training from Thermo Biochemical Oxygen Fisher Scientific for the Water Department for an amount not to exceed Demand Reader $29,778.00. The delivery, installation and on-site training cost are included, Analyzer and On- with payment due 30 days after date of invoice. Site Training CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 5 of 24 P-10783 M&C P-10783 - Authorizing a sole source purchase agreement for Cues camera Cues Camera repair parts and service with Texas Underground, Inc., for the Water Repair Parts and Department. Service L-14525 M&C L-14525 - Authorizing the direct sale of a tax-foreclosed property Direct Sale of Tax- described as Lot 19, Block 29, Southland Subdivision, at 943 East Harvey Foreclosed Property Avenue in accordance with Section 34.05 of the Texas Property Tax Code (DOE 920), to Rosemary Wright, in the amount of$5,505.61; and authorizing the City Manager to execute and record the appropriate instruments conveying the property to complete the sale. L-14526 M&C L-14526 - Accepting the dedication of 5.385-acre tract of parkland and Accept Dedication facility improvements, situated in the John Jennings Survey, Abstract No. 873, of Parkland and Sycamore Pointe Addition, Tarrant County, Texas, located south of Sycamore Facility School Road and east of Hawkwood Trail, from Sundance Springs, Ltd., in Improvements for accordance with the Neighborhood and Community Park Dedication Policy for Sundance Springs Sundance Springs Park. Park C-22788 M&C C-22788 - Authorizing the City Manager to enter into a Unified Sign WRI Gateway Agreement with WRI Gateway Station, L.P., for the Gateway Station Shopping Station, L.P. Center located at 12846, 12848 and 12850 South Freeway. C-22789 M&C C-22789 - Accepting contract Amendment No. 1 to the United States Ord. No. 18074-05- Department of Housing and Urban Development (HUD) Agreement 2008 FF206KO76002 in the amount of $8,500.00; and adopting Appropriation Amendment No. I to Ordinance No. 18074-05-2008 increasing estimated receipts and appropriations U.S. HUD in the Grants Fund in the amount of$8,500.00, plus current and future accrued Agreement interest from available funds, for the purpose of funding attendance at training FF206K076002 related to the Fair Housing Assistance Program National Policy Conference. C-22790 M&C C-22790 - Authorizing the City Manager to execute renewal and Renewal and Amendment No. 1 to City Secretary Contract No. 35101 with Eaton Electrical Amendment No. I to for a total of $30,323.00 for preventive maintenance of Uninterrupted Power CSC No. 35101 - Supply systems located at various City facilties. Eaton Electrical C-22791 M&C C-22791 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. I to City Secretary Contract No. 27951, an engineering agreement with Chiang, CSC No. 27951 - Patel & Yerby, Inc., in the amount of $48,564.69 for Holly Pressure Plane Chiang, Patel & Water Transmission Main Improvement, thereby increasing the contract Yerby, Inc. amount to $569,281.69. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 6 of 24 C-22792 M&C C-22792 - Authorizing the execution of one Storm Water Facility W/J Haywire I, LP Maintenance Agreement from W/J Haywire I, LP, and the City of Fort Worth Municipal Utility District No. 2 for property located north of White Settlement Road, east of the Tarrant/Parker county line in the City's extraterritorial jurisdiction (DOE 5453). C-22794 M&C C-22794 - Authorizing the City Manager to execute a contract with RKM RKM Utility Utility Services, Inc., in the amount of $1,773,770.00 for the construction of Services, Inc. Southland Terrace Drainage Improvements (Project No. 00090). C-22795 M&C C-22795 - Authorizing the City Manager to transfer $802,195.25 from Ord. No. 18075-05- the Water Operating Fund to the Water Capital Projects Fund; adopting 2008 Appropriation Ordinance No. 18075-05-2008 increasing estimated receipts and Conatser appropriations in the Water Capital Projects Fund in the amount of$802,195.25 Construction TX, from available funds, for the purpose of authorizing the City Manager to LP execute a contract with Conatser Construction TX, LP, for Sanitary Sewer Contract LV (55), Part 4 for Water Main Replacement on Foch Street; and authorizing the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of $674,380.25 for Sanitary Sewer Contract LV (55), Part 4 on Foch Street(Project No. 00431). C-22796 M&C C-22796 - Authorizing the City Manager to execute a contract with Intercon Intercon Environmental, Inc., in the amount of$260,000.00 for demolition and Environmental, Inc. asbestos abatement services for 40 structures adjacent to Fort Worth Meacham International Airport. C-22797 M&C C-22797 - Authorizing the City Manager to execute Renewal No. 1 to Renewal No. I to City Secretary Contract No. 36011, an annual contract with Ace Pipe Cleaning, CSC No. 36011 - Inc., in the amount of $24,990.00 for the Fort Worth Water Department Ace Pipe Cleaning, Emergency Response Contract (located Citywide). Inc. C-22798 M&C C-22798 - Authorizing the City Manager to execute a contract related to Cities of Keller and the billing of treated water with the Cities of Keller and Southlake. Southlake C-22799 M&C C-22799 - Authorizing the City Manager to execute the first amendment First Amendment to to the Wholesale Wastewater Contract with the City of Kennedale (City CSC No. 20141 - Secretary Contract No. 20141) to allow for a second point of wastewater City of Kennedale connection. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 7 of 24 Agenda Item X Council Member Burns made a motion, seconded by Council Member Silcox, Presentations by that Victoria Powell be appointed to Place 9 on the Board of Adjustment — City Council— Commercial effective May 6, 2008, and with a term expiring October 1, 2009. Appointments The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-16127 There was presented Mayor and Council Communication No. G-16127 from Ord. No. 18076-05- the City Manager recommending that the City Council adopt a supplemental 2008 appropriation ordinance increasing estimated receipts and appropriations in the Res. No. 3616-05- Water and Sewer Fund by $50,000.00 and decreasing the unreserved, 2008 designated fund balance of the Water and Sewer Fund by the same amount for Increase Payment the purpose of authorizing the maximum amount to be paid to Gregory for Expert Witness Services Regarding Geotechnical to be increased to $150,000.00 for expert witness services Premature Street regarding premature street failures; and adopt a resolution authorizing the Failures maximum amount to be paid to Gregory Geotechnical (Geotech) be increased to $150,000.00 to further fund the contract with Geotech. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16127 be approved and Supplemental Appropriation Ordinance No. 18076-05-2008 and Resolution No. 3616-05-2008 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. G-16128 It was the consensus of the City Council that Mayor and Council Increase Funds for Communication No. G-16128, Adopt Supplemental Appropriation Ordinance FY 2007-2008 for Fiscal Year 2007-2008 Rollover Encumbrances and Designated Encumbrance Expenditures in the amounts of $2,073,742.66 for the Crime Control and Rollovers and Prevention District Fund; $66,649.00 for the Group Health Insurance Fund; Designated $81,192.00 for the Municipal Parking Fund; $21,000.00 for the Solid Waste Expenditures— Continued Until Fund; $2,182,113.00 for the Water and Sewer Fund; and $285,220.00 for the May 13, 2008 Workers' Compensation Fund, be continued until the May 13, 2008, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 8 of 24 G-16129 There was presented Mayor and Council Communication No. G-16129 from Submit CCPD the City Manager recommending that the City Council authorize the City Board Members Manager to submit to the Crime Control and Prevention District (CCPD) Board Amendment to FY members an amendment to the Fiscal Year 2007-2008 CCPD Budget to 2007-2008 CCPD appropriate $897,803.00 to fund a range training simulator, police vehicles and Budget for Range accelerant detection equipment for the Fort Worth Police Department and the Training Simulator, Police Vehicles and Fort Worth Fire Department. Accelerant Detection Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Equipment that Mayor and Council Communication No. G-16129 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. G-16130 There was presented Mayor and Council Communication No. G-16130 from Submit FY 2008- the City Manager recommending that the City Council authorize the City 2009 Funding Manager to submit the Fiscal Year 2008-2009 funding application to the Crime Application to Control and Prevention District (CCPD) Board of Directors. CCPD Board of Directors Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16130 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. P-10777 It was the consensus of the City Council that Mayor and Council Toro Communication No. P-10777, dated April 29, 2008, Authorize the Purchase of Groundsmaster Four New Toro Groundsmater Mowers from Professional Turf Products and Mowers and John One New John Deere Tractor from Saginaw Implement Using Texas Deere Tractors - Association of School Boards Contracts for the Parks and Community Services Withdrawn from Department for a Cost Not to Exceed $172,550.14, be withdrawn from Consideration consideration. P-10777 Revised There was presented Mayor and Council Communication No. P-10777 Revised Toro from the City Manager recommending that the City Council authorize the Groundsmaster purchase of four new Toro Groundsmaster mowers from Professional Turf Mowers and John Products and two new John Deere tractors from Saginaw Implement using Deere Tractors Texas Association of School Boards contracts for the Parks and Community Services Department for a cost not to exceed $172,550.14. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 9 of 24 P-10777 Revised Otv. &Description Unit Price Extended Total (Continued) TASB 225-05, Professional Turf Products 1 ea. Toro Groundsmaster 580-D $ 69,817.10 2 ea. Toro Groundsmaster 7210 Side Discharge $18,579.18 $ 37,158.36 1 ea. Toro Groundsmaster 7210 Rear Discharge $ 19,043.68 TASB 225-05, Saginaw Implement 2 ea. John Deere 5325 Tractor $23,265.50 $ 46,531.00 Total $172,550.14 Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10777 Revised be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. L-14527 There was presented Mayor and Council Communication No. L-14527 from Acquire Property the City Manager recommending that the City Council authorize the acquisition for Lebow Channel of the Diamond Motel located at 1501 Northeast 28th Street, Lot 6R, Block 64, Drainage W.A. Archer Addition, an addition to the City of Fort Worth, Tarrant County, Improvement Texas, for the Lebow Channel Drainage Improvement Project; find that the Project negotiated purchase price agreed upon in the amount of $1,125,000.00, plus estimated closing costs of $12,000.00 is just compensation; and authorize the City Attorney to accept, execute and record the appropriate instruments (DOE 4623, Project No. 0084) to acquire fee simple interest in the surface estate, but not the mineral estate, of the property. On behalf of Council Member Espino, Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-14527 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14528 authorize conversion of approximately 1.267 acres of parkland at Glenwood Convert Parkland Park located at 900 South Riverside Drive for the installation of sanitary sewer for Installation of improvements. Mayor Moncrief opened the public hearing and asked if there Sanitary Sewer was anyone present desiring to be heard. Improvements CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 10 of 24 Public Hearing Mr. Harold Pitchford, Assistant Director, Parks and Community Services L-14528 Department, appeared before Council, gave a staff report and called attention to (Continued) Mayor and Council Communication No. L-14528, as follows: There was presented Mayor and Council Communication No. L-14528 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to locating the needed sanitary sewer in Glenwood Park; find that the proposed sanitary sewer includes all reasonable planning to minimize harm to Glenwood Park; and close the public hearing and authorize the City Manager to convert approximately 1.267 acres of parkland for the installation of sanitary sewer improvements in Glenwood Park at 900 South Riverside Drive, located south of Humbolt Street, Terrell Avenue and Leuda Street, east of Park Manor Drive, north of Avenue D, Avenue E and Rosedale Street and west of South Riverside Drive. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14528 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. L-14529 It appeared that the City Council set today as the date for a public hearing to Convert Parkland authorize conversion of approximately 1.33 acres of parkland at Mallard Cove for Installation of Park located at 375 Shadow Grass Drive for the installation of a gas pipeline to Gas Pipeline to transport natural gas and authorize the execution of a license agreement with Transport Natural Texas Midstream Gas Services. Mayor Moncrief opened the public hearing Gas and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14529, as follows: There was presented Mayor and Council Communication No. L-14529 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 exist for the location of the proposed gas pipeline for Mallard Cove Park; find that the proposed gas pipeline includes all reasonable CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 11 of 24 L-14529 planning to minimize harm to the parkland, and including that the pipeline will (Continued) cross under Mallard Cove Park; and close the public hearing and authorize the City Manager to convert approximately 1.33 acres of dedicated parkland for a pipeline easement for a 24-inch gas pipeline in Mallard Cove Park at 375 Shadow Grass Drive, located north of Randol Mill Road, northwest of Shadow Grass Drive, east of Trinity Court and south of the West Fork of Trinity River. There being no one present desiring to be heard in connection with the public hearing, on behalf of Council Member Scarth, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14529 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. C-22793 It was the consensus of the City Council that Mayor and Council Burnsco Communication No. C-22793, Authorize Execution of a Contract with Burnsco Construction, Inc.— Construction, Inc., in the Amount of $259,844.00 for the Construction of Continued Until Miscellaneous Drainage Improvements (Contract "E") at Luther Channel, May 13, 2008 Colonial Channel and Smithfield Creek Channel (Project No. 00097), be continued until the May 13, 2008, Council meeting. C-22800 There was presented Mayor and Council Communication No. C-22800 from the Cross Development City Manager recommending that the City Council authorize the City Manager Keller, LLC to execute a Community Facilities Agreement with Cross Development Keller, LLC, for the construction of a box culvert across Golden Triangle Boulevard between Alta Vista and Katy Road with City participation in an amount not to exceed $300,000.00; and waive the limitation of Section II, Paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212.072 and the Unit Price Ordinance Nos. 14552 and 17967-02-2008. On behalf of Council Member Espino, Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22800 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. C-22801 There was presented Mayor and Council Communication No. C-22801 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contracting, Inc. to execute a contract with Oscar Renda Contracting, Inc., in the amount of $4,188,061.11 for Southside II Water Transmission Main, Part 2 from north of the Everman Road/Oak Grove Road intersection to south of Altamesa Boulevard (City Project No. 00303). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 12 of 24 C-22801 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, (Continued) that Mayor and Council Communication No. C-22801 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. C-22802 There was presented Mayor and Council Communication No. C-22802 from the Ord. No. 18077-05- City Manager recommending that the City Council authorize the City Manager 2008 to execute an agreement with the Near Southeast Community Development Near Southeast Corporation to coordinate new neighbor crime watches, to stop drug trafficking Community and use of drugs, and to educate citizens to reduce their exposure in the targeted Development area bound by East Lancaster on the north, Interstate 35W South on the west, Corporation East Berry on the south and South Riverside on the east; authorize the City Manager to accept $18,244.00 from the Near Southeast Community Development Corporation for the City to provide overtime while participating in a Joint Law Enforcement and Neighborhood Program; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $18,244.00 subject to receipt of the grant from Near Southeast Community Development Corporation for the purpose of funding for the Joint Law Enforcement and Neighborhood Program. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22802 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Agenda Item XIV It appeared that the City Council set today as the date for the first public First Public Hearing hearing for a proposed owner-initiated annexation of approximately 68.8 acres for Owner-Initiated of land in Tarrant County, located south of Timberland Boulevard and east of Annexation Old Denton Road (AX-08-004 Meadow Glen Estates MHP). Mayor Moncrief (AX-08-004 opened the public hearing and asked if there was anyone present desiring to be Meadow Glen heard. Estates MHP) Ms. Beth Knight, Senior Planner, Planning and Development Department appeared before Council, gave a staff report and requested that the second public hearing be held on May 13, 2008. There being no one present desiring to be heard in connection with the first public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 13 of 24 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 April 16, 2008. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-208A There was presented Zoning Docket No. ZC-07-208A, application of the City Approved of Fort Worth for a change in zoning of property located at 7900 through 7950 John T. White Road from "G" Intensive Commercial to "E" Neighborhood Commercial. On behalf of Council Member Scarth, Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-07-208A, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-007A There was presented Zoning Docket No. ZC-08-007A, application of the City Continued Until of Fort Worth for a change in zoning of property located at(Area 1) 2707, 2711 May 20, 2008 and 2719 Race Street, (Area 2) 2800, 2900 and 3000 blocks of East Belknap Street and exclude 2819, 3001 and 3003 East Belknap Street from `B" Two Family Residential, "E" Neighborhood Commercial, "F" General Commercial, "I" Light Industrial, "J" Medium Industrial and "PD-78", "PD-447" and "PD- 759" Planned Developments to "PD/MU-l" Planned Development for all uses in "MU-1" Low Intensity Mixed Use, plus bar, tavern, automotive repair and vehicle sales, with waiver of site plan requested. On behalf of Council Member Espino, Council Member Jordan made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-08-007A, be continued until the May 20, 2008, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-028 There was presented Zoning Docket No. ZC-08-028, application of St. Thomas Approved the Apostle Catholic Church for a change in zoning of property located at 2920 Northwest 27th Street from `B" Two Family Residential to "CF" Community Facility. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 14 of 24 ZC-08-028 On behalf of Council Member Espino, Council Member Jordan made a motion, (Continued) seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-028, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-034 There was presented Zoning Docket No. ZC-08-034, application of Lighthouse Approved Fellowship, UMC, for a change in zoning of property located at 7200, 7400 and 7500 Robertson Road from "A-5" One Family Residential to "CF" Community Facility. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-034, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-037 There was presented Zoning Docket No. ZC-08-037, application of Trinh T. Le Approved for a change in zoning of property located at 3829 Marigold Avenue from "A- 7.5" One Family Residential to "ER" Neighborhood Commercial Restricted. On behalf of Council Member Scarth, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-08-037, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-038 There was presented Zoning Docket No. ZC-08-038, application of 287 Approved Management, LLC, for a change in zoning of property located 10160 Blue Mound Road from "AG" Agricultural to "I" Light Industrial. Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-08-038, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-039 There was presented Zoning Docket No. ZC-08-039, application of Amal Kelly Approved for a change in zoning of property located at 1600 Amanda Avenue from "E" Neighborhood Commercial to "A-5" One Family Residential. Council Member Moss made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-08-039, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 15 of 24 ZC-08-043 There was presented Zoning Docket No. ZC-08-043, application of Eagle Approved Mountain Saginaw ISD for a change in zoning of property located at 10155 Saginaw Boulevard from "PD-424" Planned Development for a traditional neighborhood development of Chapel Hill to amend "PD-424" Planned Development to allow for a bus maintenance warehouse facility in the T4C area, with site plan included. Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-08-043, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-044 There was presented Zoning Docket No. ZC-08-044, application of Shraddha, Approved L.P., for a change in zoning of property located at 7301 West Freeway from"F" General Commercial and "I" Light Industrial to "PD/F" Planned Development for all uses in "F" General Commercial, plus an additional hotel on an existing hotel site, with site plan included. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-044, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Mayor Moncrief stated that he had been advised by City Attorney Yett that Zoning Docket Nos. ZC-08-046 through ZC-08-054, Zoning Hearing items XVa 10 through 18 on the posted agenda, were all City-initiated zoning changes and could be voted by the Council through a single motion. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket Nos. ZC-08-046 through ZC-08-054 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-046 Zoning Docket No. ZC-08-046, application of the City of Fort Worth for a Approved change in zoning of property located at 1716 Washington Avenue from `B/HC" Two Family Residential/Historic and Cultural Landmark to "A-5/HC" One Family Residential/Historic and Cultural Landmark. ZC-08-047 Zoning Docket No. ZC-08-047, application of the City of Fort Worth for a Approved change in zoning of property located at 3800 Radford Road from "B" Two Family Residential to "A-5" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 16 of 24 ZC-08-048 Zoning Docket No. ZC-08-048, application of the City of Fort Worth for a Approved change in zoning of property located at 3117 Ross Avenue from "B" Two Family Residential to "A-5" One Family Residential. ZC-08-049 Zoning Docket No. ZC-08-049, application of the City of Fort Worth for a Approved change in zoning of property located at 1113 Baltimore Avenue from `B" Two Family Residential to "A-5" One Family Residential. ZC-08-050 Zoning Docket No. ZC-08-050, application of the City of Fort Worth for a Approved change in zoning of property located at 1261 Richmond Avenue from "B" Two Family Residential to "A-5" One Family Residential. ZC-08-051 Zoning Docket No. ZC-08-051, application of the City of Fort Worth for a Approved change in zoning of property located at 2805 Crenshaw Avenue from `B" Two Family Residential to "A-5" One Family Residential. ZC-08-052 Zoning Docket No. ZC-08-052, application of the City of Fort Worth for a Approved change in zoning of property located at 1726 Davis Avenue from `B" Two Family Residential to "A-5" One Family Residential. ZC-08-053 Zoning Docket No. ZC-08-053, application of the City of Fort Worth for a Approved change in zoning of property located at 1005 Harvey Avenue from "B" Two Family Residential to "A-5" One Family Residential. ZC-08-054 Zoning Docket No. ZC-08-054, application of the City of Fort Worth for a Approved change in zoning of property located at 2404 Jones Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-08-060 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 18078-05- Docket No. ZC-08-060, Text Amendment for residential developer signs. 2008 Mayor Moncrief opened the public hearing and asked if there was anyone Text Amendment present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Council Member Silcox, that the zoning hearing be closed, Zoning Docket No. ZC-08- 060 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 17 of 24 ZC-08-060 ORDINANCE NO. 18078-05-2008 Ord. No. 18078-05- 2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING Text Amendment ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. (Continued) 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SECTION 6.404, TEMPORARY ON-PREMISE SIGNS REQUIRING A PERMIT TO ALLOW TEMPORARY SUBDIVISION SIGNS FOR NEW SINGLE AND TWO FAMILY RESIDENTIAL DEVELOPMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-168 It appeared that the City Council, at its meeting of April 1, 2008, continued the SP-07-060 hearing of the application of Martimiano Aguayo for a change in zoning of Continued Until property located at 2008 Jacksboro Highway from `B" Two Family Residential May 20, 2008 and "E" Neighborhood Commercial to "PD/E" Planned Development for "E" Neighborhood Commercial, plus banquet hall and auto sales, with site plan required, Zoning Docket No. ZC-07-168 and Site Plan No. SP-07-060. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Martimiano Aguayo, on behalf of Council Member Espino, Council Member Jordan made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-168 and Site Plan No. SP-07-060 be continued until the May 20, 2008, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-002 There was presented Zoning Docket No. ZC-08-002 and Site Plan No. SP-08- SP-08-001 001, application of Dorsey Interest, L.C., for a change in zoning of property Denied with located at 2711 West Cantey Street, 2803 through 2837 Lubbock Avenue and Prejudice 2800 through 2836 Merida Avenue from `B" Two Family Residential and "C" Medium Density Multi-Family Residential to "PD/MU-l" Planned Development to establish a five story "MU-1" residential use only with underground parking, and with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 18 of 24 ZC-08-002 Mr. H. Dennis Hopkins, 3014 Pitkin Drive, Arlington, Texas, representing the SP-08-001 applicant, appeared before Council in support of the denial by the Zoning (Continued) Commission. He requested that the Council deny the request without prejudice. H. Dennis Hopkins Council Member Burns advised Mr. Hopkins that any material change in the application would allow the applicant to return tomorrow with a new application. He added that he did not think a denial was too onerous on the applicant as long as the applicant came back with a material change. Mr. Hopkins stated that it had been his experience that it sometimes came down to the decision by the City staff to determine what was a material change. He again requested that the Council decide whether the application could come back within a year or not. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, stated that if the applicant were to submit a change in the zoning request, it could still be a "PD for the same use. However, if it were substantially different with regard to height, number of units proposed, building layout or orientation, the staff would consider that to be a different project and a different request. She added that even if this case was denied with prejudice, City staff would allow that type of a different request to come forward as soon as tomorrow. Andrew Ruiz Mr. Andrew Ruiz, 2528 Greene Avenue, appeared before Council in support of the denial. He provided a handout to the Council relative to the neighborhood's point of view and stated that the community had a lot of experience working successfully with developers; however, this time the community did not work well with the developer on this issue. He also addressed the community's concern with increased traffic and greater density. Linda Antinone Ms. Linda Antinone, 2705 Merida, appeared before Council in support of the denial. She advised that the development was not compatible with the neighborhood and expressed concern with the size of the project. She pointed out that having a five-story building next to a community comprised of well maintained low density housing was not appropriate. Keith Asheraft Mr. Keith Ashcraft, 2556 Waits Avenue, President of the University Place Homeowners Association, appeared before Council in support of the denial. He advised the Council of the negative issues referenced in the handout provided by Mr. Ruiz and stated that what the applicant was proposing was a net increase in density to the area without addressing a solution to existing problems. He outlined other issues and stated that his concern was traffic in the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 19 of 24 ZC-08-002 Council Member Burns challenged the developer and members of the SP-08-001 community to meet and develop a solution suitable for all parties involved. He (Continued) made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-08-002 and Site Plan No. SP-08-001 be denied without prejudice. Ms. Burghdoff explained that a motion to deny with prejudice would prevent the applicant from resubmitting the same request for one year from the date of denial; however, the applicant could come back to the Council with a different request tomorrow. She added that with a motion to deny without prejudice, the applicant could resubmit the same application tomorrow. Council Member Burns revised his motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-002 and Site Plan No. SP-08-001, be denied with prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-036 There was presented Zoning Docket No. ZC-08-036, application of Bentley Continued Until Venture for a change in zoning of property located at 651 John T. White Road June 3, 2008 North and 8600 Randol Mill Road from "CF" Community Facilities and "E" Neighborhood Commercial to "CR" Low Density Multi-Family Residential. Bert Magill Mr. Bert Magill, 5851 San Felipe #700, Houston, Texas, representing the applicant, appeared before Council in opposition of the denial by the Zoning Commission and in favor of the zoning change. He provided an explanation to the Council of the applicant's efforts to meet with various groups to provide information on the development. He advised of his meetings with City staff and their recommendation of"CR" zoning being better suited to the area. He pointed out that the applicant had scheduled an open house on May 28, 2008, relative to providing information on the development and requested the Council delay their decision until June 3, 2008, to allow the applicant to work with the neighborhood on this issue. Mike Moore Mr. Mike Moore, 201 Main Street, Suite 801, also representing the applicant, appeared before Council in opposition of the denial and in favor of the zoning change. He advised the Council that he had spoken with Council Member Scarth very recently on this issue and that Council Member Scarth had agreed to a 30-day delay. On behalf of Council Member Scarth, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-08-036, be continued until the June 3, 2008, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 20 of 24 ZC-08-042 There was presented Zoning Docket No. ZC-08-042, application of Tammy Continued Until Jones for a change in zoning of property located at 5178 and 5182 011ie Street June 3, 2008 from "ER" Neighborhood Commercial Restricted to "C" Medium Density Multi-Family Residential. Mayor Pro tem Hicks stated that she would like to meet with the residents in this area on this issue and made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-08-042, be continued until June 3, 2008. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. ZC-08-058 There was presented Zoning Docket No. ZC-08-058, application of KDR Approved Capital, Inc., for a change in zoning of property located at 4600 through 4616 Diaz Avenue and 4605 through 4617 Geddes Avenue from "B" Two Family Residential and "E" Neighborhood Commercial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial, excluding the following uses, and with site plan required: (A)Public and Civic Uses Natural Gas Compressor Station Electric power sub-station Water supply, treatment or storage facility Ambulance dispatch station Hospital Utility transmission or distribution line (B) Commercial Uses Large retail store Theater, movie theater, or auditorium Theater, drive-in Cold storage plant or ice plant Firewood sales Garage, storage only Gasoline sales (C) Transportation Airport, aviation field, heli-stop or landing area; passenger station CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 21 of 24 ZC-08-058 (D)Waste (Continued) Recycling collection facility (E) Accessory Uses Itinerant Vendor, edible items Residence for security purposes Batch plant, concrete or asphalt (temporary) Notwithstanding the foregoing, the following limited uses will be permitted: A. A parking area or garage, so long as such use is in conjunction with, or auxiliary to, an onsite business. B. A temporary residence for security purposes. C. A temporary trailer (portable) used for construction or storage purposes. Dawn Lane Ms. Dawn Lane, 3705 Jeanette Drive, appeared before Council in opposition of the denial by the Zoning Commission and in favor of the zoning change. She advised that her family owned property at 4613 Geddes and that the proposed development of an Arby's and a bank was very compatible with the area. She added that they would much rather have this development in the community rather than the previous proposal of a Quik Trip gas station as the new development would have little impact on the community. She requested that the Council approve the zoning change. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in opposition of the denial by the Zoning Commission and in favor of the zoning change. He echoed Ms. Lane's comments and requested the Council overturn the decision of the City Zoning Commission to deny the zoning. Council Member Burdette provided a short history of the zoning case and added that the commercial development was compatible to the location. He made a motion, seconded by Council Member Moss, that the City Zoning Commission's recommendation for denial be overturned and Zoning Docket No. ZC-08-058, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 22 of 24 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18079-05-2008 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 seven (7) ayes to zero (0) nays, with Council Members Espino and Scarth absent. Agenda Item XV Mr. Joe Brandon, P.O. Box 155, appeared before Council relative to Sports Citizen Labor Service/Sylvania Labor Service. He advised the Council of the condition Presentations of the business at 104 S. Main Street and associated building code violations, Joe Brandon including the roof of the building, access to restroom facilities, the amount of tires stored at the business and the condition of the business's van. Mayor Moncrief agreed that there appeared to be Code violations on this property and asked Mr. Brandon to meet with Brandon Bennett, Code Compliance Department Assistant Director, to resolve this issue. Joe Villagrana Mr. Joe Villagrana, 8212 Willow Glen Court, appeared before Council relative to the unsightly and hazardous debris being placed in the creek behind his home in the Wedgwood area. He provided pictures of the creek area. He stated that the problem started with a leaking sewer manhole located above the ground in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6, 2008 PAGE 23 of 24 Agenda Item XV the creek area. He explained the City had fixed the leak and reinforced the Citizen creek bank in that area with broken pieces of concrete. He added the City was Presentations now placing large pieces of concrete that contained rebar in the creek to (Continued reinforce the embankment. He expressed concern with safety as children often played in and around the creek, and during heavy rains it was causing that area to collect water. Council Member Jordan advised Mr. Villagrana that he would look at this issue tomorrow since this area was in his Council District. He and Mayor Moncrief requested that Assistant City Manager Fernando Costa meet with Mr. Villagrana and provide the Council with more information about the creek behind Mr. Villagrana's home. Diane Wood Ms. Diane Wood, 2308 Aster Avenue, appeared before Council relative to the Council endorsing a resolution to impeach the President and Vice President of the United States and also urban gas drilling. She provided a copy of a resolution introduced to the House of Representatives in New Hampshire for the impeachment and asked that Council endorse a similar resolution. She asked about injection wells within the City and addressed concern with the waste created from the fracing process. Mayor Moncrief advised Ms. Wood that there were no salt water wells currently being operated in the City. Ms. Susan Alanis, Planning and Development Department Acting Director, advised that there was one well operating, but it was not accepting salt water at this time. She added that it was granted between the time the last ordinance was created in 2006 and the moratorium was established. She added that it would be allowed to operate and the City would work with the operator to ensure it was fairly limited in terms of the sites it could accept salt water from. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council relative to the Council endorsing a resolution to impeach the President and Vice President of the United States. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 6,2008 PAGE 24 of 24 Agenda Item XVII There being no further business, the meeting was adjourned at 8:42 p.m. in Adjournment memory of Mrs. Elena Sandoval. These minutes approved by the Fort Worth City Council on the 13th day of May, 2008. Attest: Approved: MarqHen x tMichael oncrief City Secretary