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HomeMy WebLinkAbout2007/08/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:07 p.m. on Tuesday, August 14, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Pastor Robert Bennett, Handley Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of August 9, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Officer Rick Benson and Detective Mike Carroll, Fort Worth Police Special Department, provided a presentation on Personal Situational Awareness and Presentations Preventing Violent Crimes Against Women. They stated that the hour and a half presentation was available to all citizens to educate them on how to avoid dangerous relationships. Various Council Members expressed their appreciation for the job Officer Benson and Detective Carroll were doing for the community and encouraged everyone to take advantage of this presentation. Mayor Moncrief commended them for developing the presentation and providing this valuable service to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 2 of 25 Agenda Item VI Council Member Silcox extended Happy Birthday wishes to his wife Brenda. Announcements He referred to an article in a recent edition of the City Page relative to the illegal practice of blowing leaves and grass clippings into the street. He reiterated his comments from previous Council meetings by stating that this practice would not be condoned and that violators could receive a fine of up to $2,000.00. He pointed out that the leaves and grass created clogging of the drainage system which could lead to flooding. Council Member Espino stated that his mother and father would celebrate their 40th Wedding Anniversary on August 18, 2007, and extended his heartfelt congratulations. He announced that on August 10, 2007, while he was at Rockwood Park he received a phone call from Mayor Moncrief about a particular issue and that graffiti and tagging were mentioned. He added that Mayor Moncrief was actually working on graffiti abatement at that time and acknowledged the Mayor's dedication to the City. He further announced that this would be the last day that he and his family were hosting a student from Nagaoka, Japan, Kazue Sato and stated that it was very important to support the Fort Worth Sister Cities program. Council Member Moss announced that a District 5 Code Forum would be conducted on August 23, 2007, from 6:30 p.m. to 8:00 p.m. at the Handley Meadowbrook Community Center and encouraged everyone interested to attend, provide comments and express their concern for Code Compliance. Council Member Scarth announced that on September 8, 2007, at Marine Creek Park, there would be an all day event that would provide the opportunity for people with physical disabilities to sail sailboats, waterski, jetski, fish and other numerous activities, as well as, provide them the opportunity to learn a lot more about adaptive sports and recreational outdoor opportunities for persons with disabilities. Council Member Burdette announced that on August 17, 2007, he and his wife Ellie would celebrate their 50th Wedding Anniversary. Mayor Moncrief referred to Council Member Espino's announcement relative to graffiti abatement and stated that the City had challenges with this issue. He stated that he was not aware until he got down below the Main Street viaduct that taggers had gone all the way to the top of the arches underneath the bridge. He added that he and the others with him did their share of abatement and that he was glad to find out about the challenges. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 3 of 25 Mayor Pro tem Hicks announced that a meeting to discuss the use of gas well revenues would be conducted on August 20, 2007, at 7:00 p.m. at the Will Rogers Memorial Center, South Texas Room. She urged all citizens to attend the meeting. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15824 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15824 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Hicks, seconded by Council Member Consent Agenda Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1620 M&C OCS-1620 - 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-15819 M&C G-15819 - Adopting Supplemental Appropriation Ordinance No. 17700- Ord. No. 17700- 08-2007 increasing appropriations in the General Fund in the amount of 08-2007 $300,000.00 and decreasing the unaudited, unreserved, undesignated fund Execute balance by the same amount, for the purpose of executing a one year consulting Consulting agreement with Salvaggio, Teal and Associates for the Finance Business Agreement for Process Improvements and Comprehensive Annual Financial Reports Finance Business Production project; and authorizing the City Manager to execute a one year Process consulting agreement with Salvaggio, Teal and Associates for the Finance Improvement Business Process Improvement in an amount not to exceed $300,000.00. G-15820 M&C G-15820 - Authorizing repayment of$49,135.00 to the U.S. Department Resolve1998 Audit of Justice, Office of Community Oriented Policing Services (COPS), to resolve Finding of Excess the 1998 audit finding due to excess reimbursement under the Community Reimbursement Oriented Policing Services Making Officer Redeployment Effective "MORE" Through COPS Grant. "MORE" Grant CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 4 of 25 G-15821 M&C G-15821 - Considering and adopting the findings and opinions of the Ord. No. 17701- City staff as presented herein; finding that the public necessity and convenience 08-2007 requires the operation of seven limousines upon the city streets, alleys and Allow Godfather public thoroughfares; and adopting Ordinance No. 17701-08-2007 granting the Trans, Inc., to privilege of operating authority to Godfather Transportation, Inc., for the use of Operate the streets, alleys and public thoroughfares of the City in the conduct of its Limousines upon limousine business which shall consist of the operation of seven (7) limousines Streets, Alleys and for a three (3) year period beginning on the effective date; specifying the terms Public and conditions of the grant; providing a severability clause; making this Thoroughfares ordinance cumulative of all ordinances; providing a penalty; providing written acceptance by Godfather Transportation, Inc., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. G-15822 M&C G-15822 - Authorizing the Water Department to provide sewer service at Provide Sewer 1.25 times the retail rate to Ms. Agustin Cano to serve her personal residence Service to Ms. located at 2870 Keller Hicks Road, located in Tarrant County, outside of the Agustin Cano Fort Worth City limits, pursuant to City Code Section 35-60B "Uses Outside City"; and authorizing the City Manager to execute an agreement for such services. G-15823 M&C G-15823 - Authorizing the Water Department to provide sewer service at Provide Sewer 1.25 times the retail rate to Mr. William Roberts to serve his personal residence Service to Mr. located at 2860 Keller Hicks Road, located in Tarrant County, outside of the William Roberts Fort Worth City limits, pursuant to City Code Section 35-60B "Uses Outside City"; and authorizing the City Manager to execute an agreement for such services. P-10635 M&C P-10635 - Authorizing purchase agreements for police uniforms, clothing Police Uniforms, and equipment with GST Public Safety Supply and C & G Wholesale for the Clothing and Police Department based on best value with payment due 30 days from the Equipment receipt of invoice; authorizing these agreements to begin August 14, 2007, and expire August 13, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10636 M&C P-10636 - Authorizing the sole source purchase of upgrades to two Remotec Roberts Remotec robots with Remotec, Inc., for the Fire Department, for a cost not to exceed $97,952.00, with freight included and payment due 30 days after receipt of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 5 of 25 P-10637 M&C P-10637 - Ratifying an emergency purchase of services for a sanitary Sanitary Sewer sewer overflow repair from Ace Pipe Cleaning, Inc., for the Water Department Overflow Repair in the amount of$35,122.03. L-14359 M&C L-14359 - Authorizing the direct sale of three tax-foreclosed parcels Sale of Tax described below and located southeast of the intersection of Evans Avenue and Foreclosed Rosedale Street, Fort Worth, Tarrant County, Texas, in accordance with Section Properties 34.05 of the Texas State Property Tax Code to the City of Fort Worth Fire Department (DOE 0920)in the total amount of$34,124.75; and: Address Legal Description Zoning 810 Irma Street Lot 6, Zurn Subdivision Addition B 817 E. Magnolia Avenue Lot 20, Zurn Subdivision Addition MU-1 1250 Evans Avenue Lot 1, Zurn Subdivision Addition MU-1 Authorizing the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. L-14360 M&C L-14360 - Approving the acceptance of a lease agreement for natural gas Lease Agreement drilling under 29.864 acres more or less of City-owned properties located in for Natural Gas Tarrant County known as the Berry/Yuma Yard located at 3250 Yuma just Drilling of City- south of Berry Street east of I-35 to Chesapeake Exploration Limited Owned Properties Partnership for a two-year term. L-14361 M&C L-14361 - Authorizing payment for replacement housing under the Pay for Replacement Housing of Last Resort requirements, in accordance with Federal Replacement Aviation Administration guidelines to Alberto and Maria Conchas and Luis Housing for Alberto Conchas, in connection with their property located west of Meacham Meacham International Airport, in conjunction with the Meacham International Airport International Mitigation Program (DOE 5101); and finding that the payment in the amount of Airport Mitigation $1,227.66 is justified. Program L-14362 M&C L-14362 - Authorizing the acquisition of two vacant residential lots Acquire Vacant located at 3010 Decatur Avenue, Lots 11 and 12, Block 41, W.A. Archer Lots for Lebow Addition, for the Lebow Channel Drainage Project (DOE 4623 Project 00084); Channel Drainage finding that the price offered for both properties in the amount of$48,000.00, Project plus an estimated closing cost of $3,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 6 of 25 L-14363 M&C L-14363 - Approving the acceptance of a lease agreement for natural gas Lease Agreement drilling under 2.77 acres more or less of City-owned properties located in for Natural Gas Tarrant County known as the "E. Little Survey, 2.77 Acres", on the north side Drilling of City- of Fort Worth between Northside Drive and 23rd Street just east of Samuels Owned Properties Avenue, to Chesapeake Exploration Limited Partnership for a two-year term. L-14364 M&C L-14364 - Approving the acquisition of Lot 23, Zurn Subdivision, from Acquire Property Felada Hall, located in south Fort Worth, Tarrant County, Texas, for the for Relocation of relocation of Fire Station No. 5 (DOE 5485); finding that the price offered in Fire Station No. 5 the amount of$12,250.00, plus an estimated closing cost of$1,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14365 M&C L-14365 - Authorizing the acquisition of one vacant residential lot at Acquire Vacant 3160 Hardy Avenue, Lot 1, and North 20 feet of Lot 2A, Block 4, Shoe and Lot for Lebow Leather Company's Addition, for the Lebow Channel Drainage Project (DOE Channel Drainage 4623 Project No. 00084); finding that the price offered in the amount of Project $1,410.00, plus an estimated closing cost of $3,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14366 M&C L-14366 - Approving the acquisition of Lot 2, Zurn Subdivision, Fort Acquire Property Worth, Tarrant County, Texas, from Maisa Properties, Inc., located in south for Relocation of Fort Worth for the relocation of Fire Station No. 5 (DOE 5485); finding that the Fire Station No. 5 price offered in the amount of $15,000.00, plus an estimated closing cost of $1,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14367 M&C L-14367 - Authorizing the acquisition of one vacant residential lot at Acquire Vacant 3207 Oscar Avenue, Lot 4, Block 34, J.M. Moody Addition in conjunction with Lot for Lebow the Lebow Channel Drainage Project (DOE 4623 Project 00084); finding that Channel Drainage the price offered in the amount of$3,800.00, plus an estimated closing cost of Project $3,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14368 M&C L-14368 - Authorizing the acquisition of three vacant residential lots Acquire Vacant located at 3210, 3208, 3206 Oscar Avenue, Lots 7, 8 and 9, Block 33, J.M. Lots for Lebow Moody Addition for the Lebow Channel Drainage Project (DOE 4623 Project Channel Drainage 00084); finding that the price offered for each of the three properties, in the Project amount of $4,000.00 for each lot, plus an estimated total closing cost in the amount of$3,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 7 of 25 L-14369 M&C L-14369 - Approving the acquisition of Lot 19, Zurn Subdivision, Fort Acquire Property Worth, Tarrant County, Texas, from Linda A. Williams, located in south Fort for Relocation of Worth for the relocation of Fire Station No. 5 (DOE 5485); finding that the Fire Station No. 5 price offered in the amount of $100,000.00, plus an estimated closing cost of $2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. C-22306 M&C C-22306 - Authorizing an amendment to the Artwork Commission Janice Hart Melito Contract for Public Art/Design Enhancements for Fire Station No. 41 with Janice Hart Melito, granted by M&C C-21947 (approved by the City Council on January 30, 2007), to change the artist's name to Montage Imagers, Inc. C-22307 M&C C-22307 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP, (Barnett Gathering) that Gathering, LP grants Barnett Gathering 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 Oak Grove Road and Race Street. C-22308 M&C C-22308 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP, (Barnett Gathering) that Gathering, LP grants Barnett Gathering a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Chapin Road. C-22309 M&C C-22309 - Authorizing the City Manager to execute a Public Right-of- Crosstex North Way Use Agreement with Crosstex North Texas Gathering, LP, (Crosstex) that Texas Gathering, grants Crosstex a license to use certain streets and public rights-of-way of the LP City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines across Stewart-Feltz Road and Old Granbury Road. C-22310 M&C C-22310 - Authorizing the City Manager to enter into a standard Williamson-Dickie encroachment agreement with Williamson-Dickie Manufacturing Company for Manufacturing the installation of fiber optic and copper lines across South Jennings Avenue to Company service their properties located at 509 West Vickery Boulevard and 121 South Jennings Avenue. C-22311 M&C C-22311 - Authorizing the City Manager to execute an Interlocal North Texas Agreement with North Texas Tollway Authority in the amount of$772,946.75 Tollway Authority for the preparation of plans, specifications, and related items for Dirks Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 8 of 25 from Bryant Irvin Road to Granbury Road, and for Arborlawn Drive from east of the Southwest Parkway to west of the Southwest Parkway (Project No. 00768). C-22312 M&C C-22312 - Authorizing the City Manager to execute an Engineering C112M Hill, Inc. Agreement with CH2M Hill, Inc., in the amount of $292,150.00, for M-244B Emergency Sanitary Sewer Rehabilitation (City Project No. 00834). C-22313 M&C C-22313 - Authorizing the City Manager to apply for and accept, if Ord. No. 17702- awarded, a tobacco education and prevention grant from the Texas Comptroller 08-2007 of Public Accounts in the amount of $27,000.00; and adopting Supplemental Accept Grant to Appropriation Ordinance No. 17702-08-2007 increasing estimated receipts and Discourage appropriations in the Grants Fund in the amount of $27,000.00, subject to Retailers from receipt of the grant from the Texas Comptroller of Public Accounts, for the Selling Tobacco purpose of funding officers overtime, associated fringe benefits and spending Products to money to conduct retailer education, inspections and minor buys to discourage Minors retailers from selling tobacco products to minors. C-22314 M&C C-22314 - Authorizing the City Manager to execute a contract with Intercon Intercon Environmental, Inc., in the amount of $33,153.00 for demolition Environmental, services of the former Mesa Airlines Terminal located at Fort Worth Meacham Inc. International Airport. 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 C.P. 270 There was presented Council Proposal No. 270, dated August 9, 2007, Waive Fee for proposing that the City Council authorize a waiver of the zoning change Zoning Change at application fee and the double notice fee, in the amount of $1,848.00, for 3401 through 3421 property located at 3401, 3405, 3409, 3413, 3417 and 3421 Lawnwood Street, Lawnwood Street subject to an application being made by September 11, 2007. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Council Proposal No. 270 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 9 of 25 Agenda Item XHI There was presented a resolution opposing H.R. 980, the Public Safety Res. No. 3512-08- Employer-Employee Cooperation Act. 2007 Oppose H.R. 980, City Manager Boswell clarified that this resolution was the proposed federal Public Safety legislation that would mandate collective bargaining for Public Safety Employer- employees across the country and had passed the House of Representatives. He Employee added that the entire Congressional delegation from this area had voted against Cooperation Act the issue during the House vote. Council Member Burdette made a motion, seconded by Council Member Scarth, that Resolution No. 3512-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3513-08- There was presented a resolution authorizing the City Manager to seek and 2007 distribute state funds, pursuant to Chapter 1507, Acts of the 76 Legislature, Promote Regular Session, 1999 (Article 5190.14 of Vernon's Texas Civil Statutes) Economic relating to and supporting efforts of certain municipalities to promote economic Development by development by hosting major sporting or athletic events. Hosting Sporting or Athletic Events Council Member Burdette made a motion, seconded by Council Member Espino, that Resolution No. 3513-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised that before Council could take action on Item XIII-3, the resolution proposing the increase of tax revenue from ad valorem tax rate for Fiscal Year 2007-08 and setting public hearing dates on the tax rate, Mayor and Council Communication Nos. G-15827 and G-15828 required Council action first. G-15827 There was presented Mayor and Council Communication No. G-15827 from Ord. No. 17703- the City Manager recommending that the City Council adopt a supplemental 08-2007 appropriation ordinance increasing appropriations in the Debt Service Fund in Res. No. 3514-08- the amount of $48,000,000.00 and decreasing the unreserved, undesignated 2007 fund balance by the same amount, for the purpose of funding the defeasance of Authorize Cash certain tax supported debt; adopt a resolution directing the City Manager and Defeasance on Tax City staff to proceed in effecting the defeasance of certain outstanding tax Supported Debt supported indebtedness of the City of Fort Worth; approving the execution of and Related an Escrow Agreement in respect to such defeasance; and resolving other Escrow matters related thereto; and authorize the City Manager to execute an Escrow Agreement Agreement with Wells Fargo Bank, N.A., to serve as paying agent in effectuating the recommended debt defeasance, subject to any non-material changes that may be acceptable to the City Attorney. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 10 of 25 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15827 be approved and Supplemental Appropriation Ordinance No. 17703-08-2007 and Resolution No. 3514-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15828 There was presented Mayor and Council Communication No. G-15828 from Ord. No. 17704- the City Manager recommending that the City Council adopt an ordinance 08-2007 providing for the issuance of one hundred million dollars ($100,000,000.00) of Issue General the General Purpose Bonds, Series 2007A, of the City of Fort Worth, Texas, Purpose Bonds, bearing interest at the rates hereinafter set forth, and providing for the levy Series 2007A, assessment and collection of a tax sufficient to pay the interest on said bonds Provide Levy, and to create a sinking fund for the redemption thereof at maturity; and Assessment and ordaining other matters related thereto; and authorize the $100,000,000.00, City Collection of Tax of Fort Worth, Texas, General Purpose Bonds, Series 2007A, be sold to Bank on Interest and of America, the bidder offering the lowest true interest rate of 4.53 percent. Create a Sinking Fund Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15828 be approved and Ordinance No. 17704-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3515-08- There was presented a resolution by the City Council of the City of Fort Worth, 2007 Texas, proposing the increase of tax revenue from ad valorem tax rate for Fiscal Increase Tax Year 2007-08 and setting public hearing dates on the tax rate. Revenue from Ad Valorem Tax Rate City Manager Boswell stated that the effective tax rate for 2007 would be for FY 2007-08 0.812294 and the rollback rate would be 0.874801. Council Member Espino made a motion, seconded by Council Member Silcox, that Resolution No. 3515-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV City Secretary Hendrix introduced an ordinance on first reading setting forth an Introduction of itemized estimate of the expense of conducting each department, division and Fiscal Year 2007- office of the Municipal Government of the City of Fort Worth for the ensuing 2008 Budget fiscal year beginning October 1, 2007, and ending September 30, 2008, and Appropriation appropriating money for the various funds and purposes of such estimate; Ordinance appropriating money to pay interest and principal sinking fund requirement on all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a committee of the whole; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 11 of 25 and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for the publication and final passage thereof. Mayor Moncrief stated that Council action was not necessary at this time and that the item would remain open until adoption of the budget. Introduction of City Secretary Hendrix introduced an ordinance on first reading setting forth an Fiscal Year 2007- estimate of the expense of the General Debt Service Fund of the Municipal 2008 Debt Government of the City of Fort Worth for the ensuing fiscal year beginning Ordinance October 1, 2007, and ending September 30, 2008, and appropriating money for the General Debt Service Fund and purpose of such estimate; appropriating money to pay interest and principal sinking fund requirement on all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance. Mayor Moncrief stated that Council action was not necessary at this time and that the item would remain open until adoption of the budget. Introduction of City Secretary Hendrix introduced an ordinance on first reading providing for Fiscal Year 2007- the levy and collection of an annual ad valorem tax on all property, real, 2008 Ad Valorem personal and mixed, situated within the territorial limits of the City of Fort Tax Ordinance Worth, Texas, and all personal property owned in said City of Fort Worth, Texas, on the first day of January, A.D. 2007, except such property as may be exempt from taxation by the Constitution and laws of the State of Texas. Mayor Moncrief stated that Council action was not necessary at this time and that the item would remain open until adoption of the tax rate. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15811 There was presented Mayor and Council Communication No. G-15811, dated Ord. No. 17705-08- August 9, 2007, from the City Manager recommending that the City Council: 2007 Establish, Designate 1. Authorize the transfer of $2,000,000.00 from the General Fund to the and Reallocate Fort Worth Housing Finance Corporation (FWHFC) for the purpose of Funding for establishing a loan fund benefiting low to moderate income populations Endowment Fund consistent with the policies, guidelines and purpose of the Fort Worth and Loan Fund and Housing Trust Fund (FWHTF); Adopt Policy and Program Guidelines for Fort Worth Housing Trust Fund CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 12 of 25 2. Authorize a grant of$1,750,000.00 in HOME funds to the FWHFC to establish a loan fund to provide loans, grants and guaranties benefiting low to moderate income populations consistent with the policies, guidelines and purpose of the FWHTF; 3. Authorize termination of Contract No. 29725 dated April 4, 2004, which established the Housing Development Fund, reallocation of the remaining HOME grant funds from the Housing Development Fund administered by the FWHFC under City Contract No. 29725 for inclusion with the allocation of HOME grant funds establishing the FWHTF, and transfer the servicing of outstanding loans of the Housing Development Fund to the FWHFC; 4. Authorize termination of Contract No. 33369 with Fort Worth Central Community Development Corporation and authorize a grant of $650,000.00 in Community Development Block Grant funds to the FWHTF to provide loans and grants low to moderate income populations consistent with the policies, guidelines and purpose of the FWHTF; 5. Approve and adopt the Policies and Program Guidelines for the FWHTF; 6. Authorize the City Manager to execute a contract with the FWHFC to allocate, invest, administer and expend the funds consistent with the policies, guidelines and purpose of the FWHTF; 7. Authorize the City Manager to amend the contract as needed, provided the amendment is consistent with applicable laws and regulations and with the goals of providing support to the FWHTF and its loan fund; and 8. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Housing Finance Corporation Fund in the amount of $4,400,000.00 from available funds for the purpose of establishing a loan fund benefiting low to moderate income populations consistent with the policies, guidelines and purpose of the Fort Worth Housing Trust Fund. Council Member Espino expressed appreciation to his fellow Council Members that were involved with this issue and to Madelyn Gibbs, Council Aide to Council Member Jordan, for her dedicated community awareness and involvement. He especially thanked Mayor Moncrief for creating the Citizens Advisory Group who provided invaluable recommendations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 13 of 25 Various Council Members commended Council Member Espino's championing of this issue and his tireless efforts to see it through to completion. Mayor Moncrief stated that the success of this issue came about because of teamwork and Council Member Espino's leadership. He congratulated everyone involved for the success of this issue. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15811 be approved and Appropriation Ordinance No. 17705-08-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. (Council Member Espino left his place at the dais.) G-15824 It was the consensus of the City Council that Mayor and Council Accept Grant to Communication No. G-15824, Authorization to Apply for and Accept a Grant Operate Diamond from the Criminal Justice Division of the Office of the Governor of Texas to Hill Coalition After- Operate the Diamond Hill Coalition After-School Program; Authorize City School Program; Manager to Designate Parks and Community Services (PACS) Department Execute Contracts Director as the Authorized Official; and Authorize Execution of Contracts with with YMCA of Metropolitan Fort the YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas Worth and Camp Council and Adopt Appropriation Ordinance, be withdrawn from consideration. Fire USA First Texas Council Withdrawn G-15825 There was presented Mayor and Council Communication No. G-15825 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Near Manager to initiate certain zoning changes for the Near Southside Southside neighborhood in accordance with the 2007 Comprehensive Plan. Neighborhood in Accordance with Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that 2007 Mayor and Council Communication No. G-15825 be approved. The motion Comprehensive carried unanimously eight (8) ayes to zero (0) nays, with Council Member Plan Espino absent. G-15826 There was presented Mayor and Council Communication No. G-15826 from Initiate Rezoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for a portion of the Brentwood-Oak Brentwood-Oak Hill Hill neighborhood from "A-5" One Family and `B" Two Family to "A-43" One Neighborhood in Family, "A-21" One Family and "A-5" One Family, in accordance with the Accordance with 2007 Comprehensive Plan. 2007 Comprehensive (Council Member Espino returned to his place at the dais.) Plan CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 14 of 25 Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15826 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised the Council that Mayor and Council Communication No. G-15829 would be heard after Mayor and Council Communication L-13472 as the issues were related. G-15830 There was presented Mayor and Council Communication No. G-15830 from Accept Donation the City Manager recommending that the City Council accept a donation from of Japanese the Fort Worth Botanical Society of a Japanese Machiai garden structure and Machiai Garden surrounding hardscape, valued at $88,000.00, for the Japanese Garden at the Structure and Fort Worth Botanic Garden. Surrounding Hardscape for Council Member Burdette made a motion, seconded by Council Member Japanese Garden Espino, that Mayor and Council Communication No. G-15830 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15831 amend the Master Thoroughfare Plan, MT-07-003, to realign a 4,300-foot Amend Master segment of SH 170 from a point at Morris-Dido-Newark Road to a point 1,500 Thoroughfare feet west and a point 2,600 feet east. Mayor Moncrief opened the public Plan, MT-07-003 hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager, Transportation and Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15831, as follows: There was presented Mayor and Council Communication No. G-15831 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-07-003, to realign a 4,300- foot segment of SH 170 from a point at Morris-Dido-Newark Road to a point 1,500 feet west and a point 2,600 feet east. 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 Davis, that the public hearing be closed and Mayor and Council Communication No. G-15831 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 15 of 25 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14370 authorize conversion of parkland at Anderson-Campbell Park for the purpose of Convert subsurface drilling and extraction of natural gas. Mayor Moncrief opened the Anderson- public hearing and asked if there was anyone present desiring to be heard. Campbell Park for Subsurface Mr. Harold Pitchford, Assistant Director, Parks and Community Services Drilling and Department, appeared before Council, gave a staff report and called attention to Extraction of Mayor and Council Communication No. L-14370, as follows: Natural Gas There was presented Mayor and Council Communication No. L-14370 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for the subsurface drilling and extraction of natural gas on land situated in Anderson-Campbell Park, located in the P. Schoonover Survey, Tract 2 of Abstract No. 1405, Tarrant County, Texas. 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 Davis, that the public hearing be closed and Mayor and Council Communication No. L-14370 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14371 authorize the conversion of approximately 0.27 acres of parkland at Cobb Park Convert Cobb for the installation of storm drainage improvements. Mayor Moncrief opened Park for the public hearing and asked if there was anyone present desiring to be heard. Installation of Storm Drainage Mr. Harold Pitchford, Assistant Director, Parks and Community Services Improvements Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14371, as follows: There was presented Mayor and Council Communication No. L-14371 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 16 of 25 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exist for locating the proposed storm drainage pipe for Cobb Park; find that the proposed storm drainage improvements includes all reasonable planning to minimize harm to the park land; and close the public hearing and authorize the City Manager to convert approximately 0.27 acres of dedicated parkland for installation of a storm drainage pipe in Cobb Park, being a portion of land situated in the S.B. Hopkins Survey, Abstract No. 669 and the J. Huie Survey, Abstract No. 799, Tarrant County, Texas. 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 Davis, that the public hearing be closed and Mayor and Council Communication No. L-14371 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14372 authorize conversion of parklands at Rockwood Golf Course and Rockwood Convert Park for the purpose of subsurface drilling and extraction of natural gas. Mayor Rockwood Golf Moncrief opened the public hearing and asked if there was anyone present Course and desiring to be heard. Rockwood Park for Subsurface Mr. Harold Pitchford, Assistant Director, Parks and Community Services Drilling and Department, appeared before Council, gave a staff report and called attention to Extraction of Mayor and Council Communication No. L-14372, as follows: Natural Gas There was presented Mayor and Council Communication No. L-14372 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 to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for the subsurface drilling and extraction of natural gas from approximately 376.503 acres of parkland situated in Rockwood Golf Course and Rockwood Park, located in certain portions of land situated in the R.O. Reeves Survey, Abstract No. 1293, the J.P. Thomas Survey, Abstract No. 1525, the J.W. Conner Survey, Abstract No. 355, the J. Childress Survey, Abstract No. 252 and the P. Schoonover Survey, Abstract No. 1405, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 17 of 25 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14372 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15829 There was presented Mayor and Council Communication No. G-15829 from Advertise Bids to the City Manager recommending that the City Council authorize the City Lease City-Owned Manager to receive and consider bids for gas well development on City-owned Property at property known as the Rockwood Park and Golf Course. Rockwood Park and Golf Course Council Member Burdette made a motion, seconded by Council Member for Gas Well Silcox, that Mayor and Council Communication No. G-15829 be approved. Development The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14373 authorize conversion of approximately .44 acres of parkland at Southwest Convert Community Park for a construction easement for the installation of electrical Southwest lines. Mayor Moncrief opened the public hearing and asked if there was Community Park anyone present desiring to be heard. for Construction Easement for Mr. Harold Pitchford, Assistant Director, Parks and Community Services Installation of Department, appeared before Council, gave a staff report and called attention to Electrical Lines Mayor and Council Communication No. L-14373, as follows: There was presented Mayor and Council Communication No. L-14373 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 locating the proposed electrical line in Southwest Community Park; find that the proposed electrical easement includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert approximately .44 acres of dedicated parkland for use as a construction easement to place electrical lines in the southern boundary of Southwest Community Park, being a portion of land situated in the R.J. Ware Survey, Abstract No. 2008 and Juan Jose Albirado Survey, Abstract No. 4, Tarrant County, Texas. Council Member Jordan asked staff for clarification of the location of the electrical lines. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 18 of 25 Mr. Pitchford stated that the electrical lines would be located overhead to provide service to the school and adjoining subdivision. He added that when the City constructed the joint service facility, the lines would be located under ground. 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 Davis, that the public hearing be closed and Mayor and Council Communication No. L-14373 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Hicks left her place at the dais.) C-22315 There was presented Mayor and Council Communication No. C-22315 from the Steve Teeters City Manager recommending that the City Council authorize the City Manager to enter into an Artwork Commission Contract with Steve Teeters, in an amount not to exceed $110,500.00, for fabrication, installation, artist's fees and other related costs for Phase I:A Public Art/Design Enhancements for Rodeo Plaza at the Stockyards. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22315 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22316 There was presented Mayor and Council Communication No. C-22316 from the Diamond Marie City Manager recommending that the City Council find that the statements set Simmons-James forth in the recitals of the Tax Abatement Agreement with Diamond Marie Simmons-James are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with Diamond Marie Simmons-James for the property located at 2210 Miller Avenue in the Polytechnic/Wesleyan Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, subject to any non-material changes subsequently agreed to by the parties. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22316 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 19 of 25 C-22317 There was presented Mayor and Council Communication No. C-22317 from the SHAR-1, L.P. City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with SHAR-I, L.P., are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with SHAR-I, L.P., for the property located at 5001 Bryant Irvin Road in the Ridglea/Como Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, subject to any non-material changes subsequently agreed to by the parties. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22317 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and with Mayor Pro tem Hicks absent. C-22318 There was presented Mayor and Council Communication No. C-22318 from the Ord. No. 17706- City Manager recommending that the City Council authorize the City Manager 08-2007 to execute an Interlocal Agreement with the City of Euless to reimburse the Ord. No. 17707- City of Fort Worth its proportional share of the costs for the rehabilitation of 08-2007 South Pipeline Road from FM 157 to American Boulevard and the replacement City of Euless of the South Pipeline Road bridge over Post Oak Channel for an estimated total cost to the City of Euless of $271,750.00; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of$114,750.00, subject to receipt of the funds from the City of Euless, for the purpose of funding rehabilitation of South Pipeline Road from FM 157 to American Boulevard; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $157,000.00 subject to receipt of the funds from the City of Euless for the purpose of funding reconstruction of the South Pipeline Road bridge over Post Oak Channel. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22318 be approved and Appropriation Ordinance Nos. 17706-08-2007 and 17707-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Agenda XVI It appeared that the City Council set today as the date for a hearing in Budget Hearing connection with the proposed Fiscal Year 2007-2008 Appropriation Ordinance, Debt Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 20 of 25 There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. AGENDA ITEM XVIIA — 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 July 26, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. SP-07-034 There was presented Site Plan No. SP-07-034, application of Cypress Equities Approved for a change in zoning of property located south of 7th Street, east of University Drive, north of Morton Street and west of Foch Street, site plan for a mixed use development. Council Member Davis made a motion, seconded by Council Member Silcox, that Site Plan No. SP-07-034, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. AGENDA ITEM XVIIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-099 It appeared that the City Council, at its meeting of August 9, 2007, continued Approved the hearing of the application of Roger Johnson for a change in zoning of property located in the 3200 block of Vine Street from "A-10" One Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-07-099. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Don Ray Mr. Don Ray, 1704 Dakar Road East, appeared before Council in opposition to the denial. They reiterated their comments made during the August 9, 2007, Council meeting relative to their investment in the property and provided photographs of the condition of property before and after development. They also addressed the issue of the crushed rock located behind this development as well as the size and configuration of the homes to be built. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 21 of 25 Council Member Moss stated that Mosier Valley was a major effort to clean up before his previous tenure on the Council. He added that since he had been back serving on the Council, he had the opportunity to look at what was being done and stated that this was a very rough area that had been encroached by industrial development and other things that had not lead to positive development in the area. He pointed out that these lots sat between Vine Street and Knapp Street and that the Council needed to move forward on this issue in order to see some positive development happen within this area. He further stated that the applicant was constructing quality homes that would attract people into the area that would normally not be attracted to the area. Council Member Moss made a motion, seconded by Council Member Davis that the hearing be closed and that Zoning Docket No. ZC-07-099 be approved. Council Member Jordan inquired if the applicant owned all eight of the homes built in the area. Roger Johnson Mr. Roger Johnson, 3713 Oak, Euless, Texas, applicant appeared before Council in opposition of the denial. He clarified that he owned four of the homes and the other four were under contract to be sold. Council Member Jordan made a substitute motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that Zoning Docket No. ZC-07-099 be denied. Council Members Silcox, Scarth and Burdette explained their support of Council Member Moss' motion to approve this zoning case, stating that it would provide a new paved street and an opportunity for further development. Mayor Moncrief stated that Mr. Johnson was trying to build a quality development within a challenged area surrounded by industrial uses. He expressed the Council's concern with the crushed rock that would be located behind these homes and asked Mr. Johnson if a portion of the area could instead be planted with grass. After further discussion, Mr. Johnson agreed that some of the gravel area could be planted with grass until such time as proposed detached garages could be built. Mayor Pro tem Hicks stated that the Council voted previously on supporting quality affordable housing and advised that she had received a number of telephone calls expressing concern about this area. She stated that she was familiar with the area and added that her greatest concern was the gravel co- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 22 of 25 located with this property and understood that the applicant was able to have the gravel in that area. She further stated she did not understand how property owners would get to the area, what kind of yard would be present, rental property potential and had other concerns. She stated that she could not support approving the zoning change. Council Member Burdette explained the zoning change as he understood it and pointed out that if the area was left at "A-10" and left with the 200 foot lots, development was unlikely. He added visually, nothing would change for the residents on Vine Street; however, it would provide the opportunity to develop Knapp Street. Council Member Jordan stated that his problem was not only the gravel. He added that many of the members of the Council had gone through and initiated zoning to protect neighborhoods to eliminate the possibility of subdividing lots. He further stated that was what was happening on this zoning case which was not the intent of the City's ordinance or Comprehensive Plan. He added that for those reasons he would not support the zoning change. Council Member Moss advised that he had been in very close communication with residents on Vine Street and they expressed that they were opposed to the zoning change on the west side, but not in opposition of rezoning lots relative to this zoning case to "A-5". There being no one else present desiring to be heard in connection with the application of Roger Johnson, the substitute motion made by Council Member Jordan and seconded by Mayor Pro tem Hicks, that the hearing be closed and that Zoning Docket No. ZC-07-099 be denied, failed three (3) ayes to six (6) nays, with Mayor Moncrief and Council Members Silcox, Scarth, Moss, Burdette and Davis casting the dissenting votes. There being no one else present desiring to be heard in connection with the application of Roger Johnson, the original motion made by Council Member Moss and seconded by Council Member Davis that the hearing be closed and that Zoning Docket No. ZC-07-099 be approved, carried six (6) ayes to three (3) nays, with Mayor Pro tem Hicks and Council Members Espino and Jordan casting the dissenting votes. SP-07-024 There was presented Site Plan No. SP-07-024, application of Aguilar Denied Children's Trust for a change in zoning of property located at 2700 Green Oaks Road for site plan to amend "PD-697" Planned Development for a hotel to increase the square footage by 272.23 square feet and to increase the height of the pole sign by 40 feet. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 23 of 25 Darla Rosenfield Ms. Darla Rosenfield, 5601 Enid Street, Fort Smith, Arkansas, representing the applicant, appeared before Council in opposition of the denial. She provided photographs taken at various roads and highways that approached the hotel to compare the height of her client's hotel's sign to the pole sign at the hotel next door. She pointed out the lack of visibility of the hotel building from those locations. She also pointed out the competitive advantage the pole sign had on her client's hotel and the negative impact not having a similar pole sign had on her client's hotel. She requested that Council approve the zoning change. Council Member Davis asked staff how the other hotel had been able to install the 60 foot pole sign. Ms. Dana Burghdoff, Planning and Development Department Assistant Director, advised that the department had confirmed with the City's sign inspector that the sign located at the hotel to the west under the "PD" zoning was not permitted to be as tall as it was constructed in the field today. She added that the City would issue a citation to the property owner who could submit an application to amend their site plan. Council Member Davis stated that the City was not obligated to provide someone sign visibility from the freeway to their site. She referred to the Ridgmar Mall that did not have any signage and that they had no problem attracting customers. She added that the City was working very hard to clean up the visible clutter of signage as the community cared about this issue very much. She pointed out that the applicant was asking not only to increase the sign height but also the square footage. She concluded by stating the applicant selected the property and to request the applicant be given a billboard sign to advertise the hotel was not necessary. She would not support the zoning change. Council Member Scarth stated that the last time Ms. Rosenfield was here, she said she had asked the Hampton Inn if she could place a Comfort Inn sign on their pole, which was a hotel that the company owned as well. He pointed out that the company who built the sign would now be getting a citation. Ms. Rosenfield stated that she was not employed with the company when the hotel was built and that she had asked the company for the certificate that was given the company from the inspector ten years back. However, the company only had files for the previous seven years and stated that she would relate this situation to the company. She added as far as she knew, the sign was in compliance with the City's ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2007 PAGE 24 of 25 Ms. Burghdoff advised that the permit would have been issued in accordance with the "PD" requirement; whether the final inspection was in accordance with the permit issued would have to be determined. She added that the "PD" site plan had a height limit that was below the 50 to 60 feet where that sign existed today. She further stated that the "PD" site plan was the controlling ordinance in this case. Council Member Silcox made a motion, seconded by Council Member Burdette, that Site Plan No. SP-07-024, be approved. Council Member Davis made a substitute motion, seconded by Council Member Espino, that Site Plan No. SP-07-024, be denied in accordance with the City Zoning Commission recommendation. The motion carried five (5) ayes to four (4) nays, with Mayor Pro tem Hicks and Council Members Silcox, Moss and Burdette casting the dissenting votes. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17708-08-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14,2007 PAGE 25 of 25 Agenda Item Mayor Moncrief recognized Ms. Della Brooks, 1040 East Mulkey, who desired XVIII to appear before Council relative to complaints about District 8 and weed and Citizen seed targeted area; however, Ms. Brooks was not present in the Council Presentations Chamber. Della Brooks G. Pat Taylor Mr. G. Pat Taylor, 2901 Sappington Place, Unit D, appeared before Council relative to law enforcement and code enforcement, or lack thereof, on Lackland Road and Sappington Place. He presented to the Council a CD of various pictures of Code violations and asked the Council to look at them. Council Member Espino recognized Kazue Sato, his foreign exchange student from Nagaoka, Japan, who would be returning to Japan soon. Mayor Pro tern Hicks requested that the meeting be adjourned in honor of Ms. Elizabeth Sunshine Brooks. Agenda Item XX There being no further business, the meeting was adjourned at 8:57 p.m. in Adjournment honor of Ms. Elizabeth Sunshine Brooks. These minutes approved by the Fort Worth City Council on the 21" day of August, 2007. Attest: Approved: �Zz ckLi Marty Brix Michael J. 4oncrief City Secretary Mayor