Loading...
HomeMy WebLinkAbout2007/09/11-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Chuck Silcox, District 3 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 7:05 p.m. on Tuesday, September 11, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Silcox absent. Agenda Item H The invocation was given by Pastor Randy Hardisty, Trinity Cumberland Invocation Presbyterian Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Davis, seconded by Council Member Approval of Espino, the minutes of the regular meeting of September 4, 2007, were Minutes approved unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item V There were no special presentations. Special Presentations Agenda Item VI Council Member Jordan requested that a moment of silence be observed to Announcements remember the tragic events from six years ago today and to honor the City's first responders and the men and women who were serving in the armed forces. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 2 of 34 Council Member Espino announced that the Fort Worth CATS Baseball Team had achieved their third consecutive championship over the weekend. He encouraged everyone to support their team and purchase season tickets. He also announced that a Sendera Ranch Town Hall meeting would be held September 13, 2007, at 7:00 p.m. at Crossroads United Methodist Church. He further stated that this coming weekend was the kickoff to Hispanic Heritage Month and summarized various events that would be celebrated to commemorate the contributions of Hispanic Americans to the City of Fort Worth. Council Member Davis expressed appreciation to everyone in the community who attended the September 6, 2007, public meeting at Capstone Church relative to discuss the Trinity trees that were proposed for clear cutting in order to construct gas wells at that location. She stated approximately 400 people attended as well as representatives from Chesapeake and Union Pacific Resources Company who listened to the concerns of the community. She also regretfully announced the passing of former City Council Member Shirley Johnson. She stated that Ms. Johnson and her family were long-time residents of Mistletoe Heights and summarized her community service contributions. She added that Ms. Johnson was the first single member district representative for District 9 in 1977 and was instrumental at saving Lilly B. Clayton Elementary School and a little piece of property known as "The Triangle" in Mistletoe Heights. She asked that everyone keep the family of Ms. Johnson in their prayers and requested that the meeting be adjourned in honor of Ms. Johnson. Mayor Moncrief announced that the groundbreaking for the Police and Firefighters' Memorial occurred today and was dedicated to those individuals who had given their lives in the performance of their duties and for those who will give their lives in the future. He stated as everyone recalled the events from six years ago that it was fitting that the City chose today as the time to signal the beginning of getting this project started. He further stated that he was most pleased with the attendance. He announced that the $1.2 million to build the project had been raised and no sooner after that was announced, he indicated that there was still a need for additional dollars to endow the memorial to ensure that it was well maintained and remained a place of pride. He proudly stated that Cash American just announced that they would contribute $25,000.00 to the endowment and expressed appreciation for everyone who attended the groundbreaking. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 3 of 34 Agenda Item VII There were no items withdrawn from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that the original version of Mayor and Council Continued/ Communication No. G-15844 be withdrawn from consideration; Mayor and Withdrawn By Council Communication No. G-15844 (Revised) be continued until the Staff September 18, 2007, Council meeting; and that Mayor and Council Communication No. G-15846 be continued until the September 25, 2007, Council meeting. Agenda Item IX Upon a motion made by Mayor Pro tem Hicks, seconded by Council Member Consent Agenda Davis, the Council voted eight (8) ayes to zero (0) nays, with Council Member Silcox absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1624 M&C OCS-1624 - 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-15859 M&C G-15859 - Authorizing the City Manager to accept a Routine Airport Ord. No. 17744- Maintenance Project Grant for Fort Worth Alliance Airport from the Texas 09-2007 Department of Transportation Aviation Department up to $100,000.00; and Accept Routine adopting Appropriation Ordinance No. 17744-09-2007 increasing estimated Airport receipts and appropriations in the Airport Grants Fund in an amount up to Maintenance $100,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant for Project Grant from the Texas Department of Transportation for the purpose of Fort Worth funding routine maintenance items at Fort Worth Alliance Airport. Alliance Airport G-15860 M&C G-15860 - Authorizing the City Manager to accept a Routine Airport Ord. No. 17745- Maintenance Project Grant for Fort Worth Meacham International Airport from 09-2007 the Texas Department of Transportation Aviation Department in the amount of Accept Routine $100,000.00; authorizing the transfer of$50,000.00 from the Municipal Airport Airport Fund to the Airport Grants Fund for the City's match; and adopting Maintenance Appropriation Ordinance No. 17745-09-2007 increasing estimated receipts and Project Grant for appropriations in the Airport Grants Fund in the amount of $100,000.00 Fort Worth contingent upon receipt of the Routine Airport Maintenance Project Grant from Meacham the Texas Department of Transportation for the purpose of funding routine International maintenance items at Fort Worth Meacham International Airport. Airport CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 4 of 34 G-15861 M&C G-15861 - Authorizing the City Manager to accept a Routine Airport Ord. No. 17746- Maintenance Project Grant for Fort Worth Spinks Airport from the Texas 09-2007 Department of Transportation Aviation Department for the amount of Accept Routine $100,000.00; authorizing the transfer of$50,000.00 from the Municipal Airport Airport Fund to the Airport Grants Fund for the City's match; and adopting Maintenance Appropriation Ordinance No. 17746-09-2007 increasing estimated receipts and Project Grant for appropriations in the Airport Grants Fund in the amount of $100,000.00 Fort Worth Spinks contingent upon receipt of the Routine Airport Maintenance Project Grant from Airport the Texas Department of Transportation for the purpose of funding routine maintenance items at Fort Worth Spinks Airport. G-15862 M&C G-15862 - Authorizing the Water Department to provide sewer service at Provide Sewer 1.25 times the retail rate to Mr. Charles C. Charles to serve his personal Service to Mr. residence located at 2790 Keller Hicks Road, located in Tarrant County, outside Charles C. the Fort Worth City limits pursuant to City Code Section 35-60B "Uses Outside Charles City"; and authorizing the City Manager to execute an agreement for such services. G-15863 M&C G-15863 - Authorizing the Water Department to provide sewer service at Provide Sewer 1.25 times the retail rate to Mr. Donald W. Starkey to serve his personal Service to Mr. residence located at 2840 Keller Hicks Road, located in Tarrant County, outside Donald W. of the Fort Worth City limits pursuant to City Code Section 35-60B "Uses Starkey Outside City"; and authorizing the City Manager to execute an agreement for such services. P-10643 M&C P-10643 - Authorizing purchase agreements for water meters with Water Meters Master Meter, Inc., Aqua-Metric Sales Company, Hersey Meters Co., Elster AMCO Water, Inc., and Badger Meter, Inc., for the Water Department with payments due 30 days after receipt of invoices; and a. Master Meter, Inc. Items 1 and 3 b. Aqua-Metric Sales Company Items 2 and 5 c. Hersey Meters Co. Item 4 d. Elster AMCO Water, Inc. Items 6 and 9 e. Badger Meter, Inc. Items 7, 8, 10, 11 and 12 Authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 5 of 34 P-10644 M&C P-10644 - Authorizing a purchase agreement for janitorial services with Janitorial Services Emmanuel Facilities Management for the Water Department based on best value, with payments due 30 days from receipt of the invoices; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10645 M&C P-10645 - Authorizing a purchase agreement for paperback books with Paperback Books Ingram Library Services, Inc., for the Library Department based on best value with payment due 30 days after receipt of invoice and freight included in unit prices. P-10646 M&C P-10646 - Authorizing the purchase of 19 Colt rifles and accessories Colt Rifles and from RBA, Inc., d/b/a Phoenix Distributors for the Police Department. Accessories P-10647 M&C P-10647 - Authorizing a sole source purchase agreement with Texas Chemical Analysis Commission on Environmental Quality to provide chemical analysis for the Water Department. Freight is added and payments are due 30 days after receipt of invoices. P-10648 M&C P-10648 - Authorizing the purchase of two new heavy duty trucks from a Heavy Duty State of Texas Building and Procurement Commission Cooperative Contract Trucks with ATC Fort Worth Freightliner for the Water Department. P-10649 M&C P-10649 - Authorizing a sole source purchase agreement with Mapso, Street Guides Inc., for street guides for the City of Fort Worth with shipping included in unit prices and payments due 30 days after receipt of invoice. L-14391 M&C L-14391 - Approving acceptance of one Street or Road Dedication Deed Street or Road for property described as Tract A, being a portion of the L.J. Edwards Survey, Dedication Deed Abstract No. 464, Fort Worth, Tarrant County, Texas, from Oncor Electric for Acme Brick Delivery Company for the Acme Brick court project located in southwest Fort Court Project Worth(DOE 5642). L-14392 M&C L-14392 - Approving acceptance of one Dedication Deed for property Dedication Deed described as being a portion of the F. Cuella Survey, Abstract No. 1711, and the for Future J. Short Survey, Abstract No. 1236, Fort Worth, Denton County, Texas, from Development of AIL Investment, L.P., for the future development of the Henrietta Creek Road Henrietta Creek and Independence Parkway project located in north Fort Worth(DOE 5651). Road and Independence Parkway Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 6 of 34 L-14393 M&C L-14393 - Approving the acceptance of a lease agreement with Lease City-Owned Chesapeake Exploration, L.L.C., for natural gas drilling under 3.540 acres more Properties for or less of City-owned properties located in Tarrant County, known as the Natural Gas Environmental Collection Center for a two-year term. Drilling L-14394 M&C L-14394 - Authorizing the conveyance of one Permanent Drainage Convey Easement described as being a portion of the Payton R. Splane Survey, Abstract Permanent No. 1731, Dallas County, Texas, to H & E Equipment Services, Inc., for Drainage construction, operation, maintenance and repair of drainage facilities to serve Easement to Serve property located in the City of Grand Prairie (DOE 1712). City of Grand Prairie L-14395 M&C L-14395 - Approving acceptance of the dedication of 5.03 acres of Dedication of parkland out of the N. Holbrook Survey, Abstract No. 647, Tarrant County, Parkland and Texas, and facility improvements from FW Vista West, L.P., for Vista West Facility Park, in accordance with the Neighborhood and Community Park Dedication Improvements for Policy. Vista West Park C-22363 M&C C-22363 - Authorizing the City Manager to execute a licensing North Central agreement with the North Central Texas Council of Governments to provide Texas Council of updated digital aerial photography for the Information Technology Solutions Governments Department. C-22364 M&C C-22364 - Authorizing the City Manager to execute a contract with PAEE PAEE Engineering Co., in the amount of$1,149,605.00 for 130 working days Engineering Co. for HMAC Surface Overlay 2007-7 at various locations (City Project No. 00749). C-22365 M&C C-22365 - Authorizing the City Manager to execute a work order with Alpha Building Job Order Contractor Alpha Building Corporation in the amount of Corporation $152,742.00 to renovate the Northside Community Center located at 1801 Harrington Street. C-22366 M&C C-22366 - Authorizing the City Manager to execute an engineering Kimley-Horn and services agreement with Kimley-Horn and Associates, Inc., for the preparation Associates, Inc. of plans, specifications and estimates for traffic signals along Dirks Road in the amount of$49,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 7 of 34 C-22367 M&C C-22367 - Authorizing the execution of a Storm Water Facility 179D, Ltd. Maintenance Agreement from 179D, Ltd., for property located in northwest Fort Worth(DOE 5180). C-22368 M&C C-22368 - Authorizing the City Manager to execute a contract with Ord. No. 17747- Stabile & Winn, Inc., in the amount of $443,353.63 for pavement 09-2007 reconstruction and water and sanitary sewer main replacement on Lynndale Stabile & Winn, Place (Vega Drive to Trial Lake Drive), and Wedgway Drive (Southwest Loop Inc. 820 to Odessa Avenue); authorizing the transfer of$252,162.21 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $133,642.00 and Sewer Capital Project Fund in the amount of$118,520.21; and adopting Appropriation Ordinance No. 17747-09-2007 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $133,642.00 and the Sewer Capital Project Fund in the amount of$118,520.21 from a Water and Sewer Fund transfer, for the purpose of executing a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Lynndale Place and Wedgway Drive (City Project No. 00163). C-22369 M&C C-22369 - Authorizing the City Manager to execute Change Order No. 6 Change Order No. 6 to City Secretary Contract No. 33356 with McClendon Construction Company, to CSC No. 33356- Inc., for pavement reconstruction and water and sanitary sewer main McClendon replacements on portions of Griggs Avenue, Martha Lane, San Jose Drive, Construction View Street, Marion Avenue and East Roberts Street (Project No. 00025) in the Company, Inc. amount of$42,286.00, thereby increasing the contract to $1,649,268.64. C-22370 M&C C-22370 - Authorizing the execution of an Underground Pipeline Texas Midstream Easement Agreement with Texas Midstream Gas Services, L.L.C., for a natural Gas Services, gas pipeline across City-owned property in the S.K. Smith Survey, A-1417, L.L.C. Tract 1C, in the amount of$735.88 for a term of 20 years. C-22371 M&C C-22371 - Rescinding M&C C-22093 and authorizing the City Manager Union Pacific to enter into two Pipeline Crossing Agreements with Union Pacific Railroad Railroad Company for an encased 54-inch waterline for a one-time cost of $1,500.00 Company each, for a total of$3,000.00. C-22372 M&C C-22372 - Authorizing the City Manager to execute Amendment No. 5 to Amendment No. 5 to City Secretary Contract No. 27574 with TranSystems Corporation d/b/a CSC No. 27574- TranSystems Corporation Consultants for Trinity Boulevard water main TranSystems extension form Greenbelt Road to State Highway 360 (City Project No. 00352), Corporation d/b/a in the amount of$35,200.00 to provide additional engineering services, thereby TranSystems increasing the contract amount to $730,344.00. Corporation Consultants CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 8 of 34 C-22373 M&C C-22373 - Authorizing the City Manager to execute a lease agreement YMCA with the YMCA for approximately 300 feet of office space located at 2400 East Berry Street for the Police Department, at a cost of$1.00 per year. C-22374 M&C C-22374 - Authorizing the City Manager to execute a lease agreement Texas Christian with Texas Christian University for office space of approximately 1,600 square University feet located at 2900 West Berry Street for the Police Department, at a cost of $1.00 per year; and authorizing the agreement to be effective June 1, 2007, and expire on May 31, 2008. C-22375 M&C C-22375 - Authorizing the City Manager to execute a lease agreement Edward Traxson with Edward Traxson d/b/a The Barber Shop, Inc., for approximately 1,020 d/b/a The Barber square feet of office space located at 6436 Meadowbrook Drive B for the Police Shop, Inc. Department, at a cost of$6,600.00 per year. C-22376 M&C C-22376 - Authorizing the City Manager to ratify execution of a June Texas Department 2006 Agreement with the Texas Department of Public Safety (DPS) for of Public Safety enforcement of federal safety regulations during inspections of commercial motor vehicles, their drivers and cargo within the City limits; authorizing the City Manager to extend the term of the ratified agreement with DPS until June 1, 2008, with the option to extend up to two years; and ratifying all expenditures made and revenues collected since June 1, 2006, as a result of the City's inspections of commercial motor vehicles, their drivers and cargo within the City limits. C-22377 M&C C-22377 - Authorizing the City Manager to execute a grant contract with Ord. No. 17748- the Texas Department of State Health Services (DSHS) for up to $630,000.00 09-2007 to be used for public health, pandemic influenza and bioterrorism preparedness Texas Department and response from September 1, 2007, to August 8, 2008; authorizing a non- of State Health interest bearing inter-fund loan from the General Fund to the Grants Fund in the Services amount of $25,000.00 for the interim financing of this grant pending contract execution transition from one grant funding period to the next; adopting Appropriation Ordinance No. 17748-09-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $630,000.00 subject to execution of a grant with the Texas Department of State Health Services for the purpose of funding public health, pandemic influenza and bioterrorism preparedness and response from September 1, 2007, to August 8, 2008; and approving an indirect cost rate of 10 percent of salaries, as approved by DSHS. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 9 of 34 C-22378 M&C C-22378 - Authorizing the City Manager to execute a written consent to Consent to assignment by Texas Aviation Engineering, of all leasehold interest in an Assignment and unimproved ground lease identified as City Secretary Contract No. 11628, as Amendment of amended by City Secretary Contract No. 33519, for Leasehold Site 50 South, at CSC No. 11628, Fort Worth Meacham International Airport, to John J. Janovetz d/b/a Lone Star Amended by CSC Aero; and executing an amendment to City Secretary Contract No. 11628, as No. 33519 by previously amended and assigned, to increase the ground rental rate to the Texas Aviation current established Schedule of Rates and Charges for similar property. Engineering to John J. Janovetz d/b/a Lone Star Aero C-22379 M&C C-22379 - Authorizing the City Manager to execute an engineering Gupta & agreement with Gupta & Associates, Inc., in the amount of$47,277.00 for the Associates, Inc. Water Department Supervisory Control and Data Acquisition Facility Generator Replacement and Dual Power Feed Project. The motion carried. End of Consent Agenda. Agenda Item X Council Member Burdette made a motion, seconded by Council Member Presentations by Jordan, that the following individuals be reappointed to Place 7 on boards or City Council commissions indicated effective September 11, 2007, and with terms expiring Appointments as reflected: Appeals Board Expiration Date Bobbie Shosty September 30, 2009 Board of Adjustment Nick Genua October 1, 2009 Building Standards Commission Robert Hawley September 30, 2009 Fort Worth Commission for Women Vicki Wilkie October 1, 2009 Parks & Community Services Advisory Board Gale Cupp October 1, 2009 The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 10 of 34 Council Member Moss made a motion, seconded by Council Member Davis, that Mr. Elvin Bennett be appointed to Place 5 on the Golf Advisory Committee effective September 11, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Council Member Espino made a motion, seconded by Council Member Davis, that the following individuals be appointed to boards or commissions indicated effective September 11, 2007, and with terms expiring as reflected: Animal Shelter Advisory Committee Expiration Date Devan J. Allen (Citizen), Place 3 October 1, 2009 Community Action Partners Council Frank Moss, Place 2 Runs concurrently with (Michelle Reynolds will serve as his alternate.) Council term Downtown Design Review Board Kirk Millican, Place 6 October 1, 2008 The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI It appeared that the City Council set today as the date for a public 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 Attorney Yett stated that if there was no one present to speak on this issue, the Council could proceed to consider the two appropriation ordinances, both the general and debt service, and the tax levy ordinance. 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 Jordan, that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 11 of 34 Agenda Item XIV There was presented an ordinance setting forth an itemized estimate of the Ord. No. 17749- expense of conducting each department, division and office of the Municipal 09-2007 Government of the City of Fort Worth for the ensuing Fiscal Year beginning Itemized Estimate October 1, 2007, and ending September 30, 2008, and appropriating money for of Expense of the various funds and purposes of such estimate; appropriating money to pay Conducting Each interest and principal sinking fund requirement on all outstanding general Department, indebtedness; providing for public hearings upon this ordinance before the Division and entire City Council sitting as a committee of the whole; and providing a savings Office of clause for the repeal of all ordinances and appropriations in conflict with the Municipal provisions of this ordinance; and for the publication and final passage thereof. Government for FY 2007-2008 Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Ordinance No. 17749-09-2007 be adopted with the schedule of changes provided by the City Manager. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Ord. No. 17750- There was presented an ordinance setting forth an estimate of the expense of the 09-2007 General Debt Service Fund of the Municipal Government of the City of Fort Estimate of Worth for the ensuing Fiscal Year beginning October 1, 2007, and ending Expense of September 30, 2008, and appropriating money for the General Debt Service General Debt Fund and purpose of such estimate; appropriating money to pay interest and Service Fund of principal sinking fund requirement on all outstanding general indebtedness; Municipal providing for public hearings upon this ordinance before the entire City Council Government for sitting as a committee of the whole; and providing a savings clause for the FY 2007-2008 repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for the publication and final passage thereof. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Ordinance No. 17750-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Ord. No. 17751- There was presented an ordinance providing for the levy and collection of an 09-2007 annual Ad Valorem Tax on all property, real, personal and mixed, situated Annual Ad within the territorial limits of the City of Fort Worth, Texas, and all personal Valorem Tax Levy property owned in said City of Fort Worth, Texas on the first day of January, and Collection A.D. 2007, except such property as may be exempt from taxation by the Constitution and laws of the State of Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 12 of 34 Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Ordinance No. 17751-09-2007 be adopted and stated that property taxes be increased by adoption of a tax rate of $0.8550 per $100.00 of assessed value. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XV There was presented a resolution by the City Council of the City of Fort Worth, Res. No. 3523-09- Texas, ratifying the property tax revenue increase reflected in the Fiscal Year 2007 2007-2008 budget, in accordance with Section 102.007(C) of the Local Ratify Property Government Code. Tax Revenue Increase Reflected Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that in FY 2007-2008 Resolution No. 3523-09-2007 be adopted. The motion carried unanimously Budget eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Mayor Pro tem Hicks congratulated City Manager Boswell on his final budget with the City of Fort Worth. She also acknowledged the work of Bridgette Garrett, Budget and Management Services Department Director, and her staff She stated that the work that Council had done over the last month was truly a testament on how the Council worked together to find middle ground. She added that she was excited with the gains made with Police and Code Compliance Departments and in the environmental court that many in District 8 and other districts had wanted for a long time. She further stated that she could not let this pass without understanding the importance the Council was giving to the Arts and the Convention and Visitors Bureau. She emphasized that as the City moved forward it was important that the City continued to have a strong and responsive manner when it came to the issue of diversity. She added that there would be challenges in the future and that the coming year would be a difficult budget and a lot of difficult choices would need to be made. She expressed appreciation to the staff for their outstanding work. Council Member Espino echoed Mayor Pro tem Hicks' comments and stated that this was a difficult and challenging budget as there were many needs in the City, from preserving, protecting and revitalizing older neighborhoods to providing the services residents in the new growth areas expected for their tax dollars. He commended Council Member Scarth for bridging the gap at the end of the budget process to provide a half-cent tax rate reduction by looking at some of the revenues from the D/FW gas well fund. He expressed appreciation to his Council colleagues for continuing to support the Housing Trust Fund to promote quality affordable housing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 13 of 34 Council Member Jordan stated that there was no such thing as a perfect budget and that he was proud of his colleagues and the staff for their work on the budget. He stated that the Council had made a commitment to public safety, added Police Officers, Firefighters and Code Compliance Officers, infrastructure and road repair and construction. He added that the City's employees' had foregone a pay raise to fully fund the City's pension plan and that the Council had also made a commitment to the citizens to maintain the service levels promise and provided a small tax rate reduction. Council Member Davis stated that this was also her last budget and acknowledged her appreciation to City Manager Boswell for overseeing the budget and leading the Council through the process with skill each year. She added that Mr. Boswell had given a speech a few years ago at the Rotary Club and concentrated on what he termed and what the City had adopted as "The Other Fort Worth". She stated that this budget was representative of his concern for The Other Fort Worth that needed the Council's help and attention. She pointed out that Council Member Espino mentioned the Housing Trust Fund, which would not have happened without Mr. Boswell, but would not have happened without Council Member Espino's work and the encouragement he had provided to the Council to concentrate their efforts to provide quality affordable housing in Fort Worth. She also expressed her appreciation to the entire Council for their support of funding an increase to the Arts Council. Council Member Scarth stated that when the Council talked about their priorities, they were actually talking about their neighborhoods and districts' priorities. He added that it was a terribly complex thing to balance all the priorities but that the Council always found consensus. He added that he hoped that this budget reflected, collectively, what the citizens of Fort Worth wanted. Council Member Burdette stated that the Council was very conscious of who was paying for the budget and that it was very difficult to decide where the revenue would be expended. He added that he believed that the Council had done a very good job of taking care of the essential needs of the City and what would need to carry the City forward to make it even greater than it was. Mayor Moncrief stated that this was the City's largest budget ever and that the Council worked for the common good of the City. He added that the Council's job was made easier by having an outstanding staff and acknowledged the staff s time and energy to make the City a better place. He stated that the citizens of Fort Worth made the City great and that the Council owed the citizens a debt of gratitude for the pride they had in the City and their support. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 14 of 34 He further stated that next year's budget would be a challenge as the City was starting off with a $30 million deficit, in having to pay for what was being budgeted this year. He completed his remarks by expressing appreciation to each Council Member for working together on various issues. Agenda Item XVI There was presented a resolution supporting the creation of a National Res. No. 3524-09- Affordable Housing Trust Fund. 2007 Create National Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Affordable Resolution No. 3524-09-2007 be adopted. The motion carried unanimously Housing Trust eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Fund Council Member Espino stated that the City of Fort Worth had created a Housing Trust Fund that would be overseen by the Housing Finance Corporation. He added that it was very important as there was legislation in Washington, D.C. contemplating the creation of a National Housing Trust to promote quality affordable accessible housing, and that Fort Worth was on the leading edge through the creation of the City's fund. He pointed out that the resolution urged the City's delegation in North Texas and in Washington, D.C. to support the creation of the National Affordable Housing Trust Fund. AGENDA ITEM XVII—REPORT OF THE CITY MANAGER Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-229 Fort Worth Improvement District No. 11 (Stockyards) concerning proposed Ord. No. 17752- property assessments; adoption of ordinance levying assessments for Fiscal 09-2007 Year 2007-2008 and adoption of appropriation ordinance allocating estimated Ord. No. 17753- receipts to the District. Mayor Moncrief opened the public hearing and asked if 09-2007 there was anyone present desiring to be heard. Public Improvement Ms. Becky Wood, PID Administrator, Finance Department, appeared before District No. 11 Council, gave a staff report and called attention to Mayor and Council (Stockyards) Communication No. BH-229, as follows: There was presented Mayor and Council Communication No. BH-229 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District No. 11 (PID No. 11) for Fiscal Year 2007-2008; adopting an ordinance closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 11 during Fiscal Year 2007-2008; setting charges and liens against property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 15 of 34 any credit granted; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $54,350.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 11 (Stockyards). Jim Riscky Mr. Jim Riscky, 2314 Azle Avenue, representing Wanda and Helen Yardanoff appeared before Council in opposition to the funding for PID No. 11. He stated that the Yardanoff s were concerned why they had to pay for the PID if there was extra money available. He referenced a recent article in the Fort Worth Star-Telegram regarding that issue. He pointed out the problems with trash issues on Exchange Avenue that were not being resolved, funding for sidewalk maintenance and marketing of the area. He added that the area needed more help. Mr. Riscky stated that he wanted to ensure they were entitled to some of the hotel and car rental revenue as they were part of what made people visit Fort Worth. Council Member Espino stated that he had met with Mr. Riscky and that the expenses allocated were recommended by the Board of Directors of the PID. He stated that he would commit to meeting with Mr. Riscky, the people he was representing and Stockyard representatives to see what could be done with the five-year service plan. There being no one else present desiring to be heard in connection with the benefit hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the benefit hearing be closed, Mayor and Council Communication No. BH-229 be approved and Ordinance No. 17752-09-2007 and Appropriation Ordinance No. 17753-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-230 Fort Worth Improvement District No. 12 (Chapel Hill) concerning proposed Ord. No. 17754- property assessments; adoption of ordinance levying assessments for Fiscal 09-2007 Year 2007-2008 and adoption of appropriation ordinance allocating estimated Ord. No. 17755- receipts to the District. Mayor Moncrief opened the public hearing and asked if 09-2007 there was anyone present desiring to be heard. Public Improvement Ms. Becky Wood, PID Administrator, Finance Department, appeared before District No. 12 Council, gave a staff report and called attention to Mayor and Council (Chapel Hill) Communication No. BH-230, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 16 of 34 There was presented Mayor and Council Communication No. BH-230 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District No. 12 (PID No. 12) for Fiscal Year 2007-2008; adopting an ordinance closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 12 during Fiscal Year 2007-2008; setting charges and liens against property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $64,000.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 12 (Chapel Hill). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the benefit hearing be closed, Mayor and Council Communication No. BH-230 be approved and Ordinance No. 17754-09-2007 and Appropriation Ordinance No. 17755-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-231 Fort Worth Improvement District No. 1 (Downtown) concerning proposed Ord. No. 17756- property assessments; adoption of ordinance levying assessments for Fiscal 09-2007 Year 2007-2008 and adoption of appropriation ordinance to increase estimated Ord. No. 17757- receipts in the Special Assessment District Fund. Mayor Moncrief opened the 09-2007 public hearing and asked if there was anyone present desiring to be heard. Public Improvement Ms. Becky Wood, PID Administrator, Finance Department, appeared before District No. 1 Council, gave a staff report and called attention to Mayor and Council (Downtown) Communication No. BH-231, as follows: There was presented Mayor and Council Communication No. BH-231 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for property located in Fort Worth Public Improvement District No. 1 (PID No. 1) for Fiscal Year 2007- 2008; adopting an ordinance closing hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 17 of 34 Improvement District No. 1 during Fiscal Year 2007-2008; fixing charges and liens against property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of$2,309,840.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown). Council Member Davis expressed appreciation to Mr. Andy Taft and other representatives from Downtown Fort Worth, Inc., for attending the meeting and who had administered the PID since the beginning. She stated that it was significant that the City was seeing a half-cent reduction in that rate as it was attributable to the fact that the PID had helped to create value downtown, which has increased since the establishment of the PID. There being no one present desiring to be heard in connection with the benefit hearing, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the benefit hearing be closed, Mayor and Council Communication No. BH-231 be approved and Ordinance No. 17756-09-2007 and Appropriation Ordinance No. 17757-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-232 Fort Worth Improvement District No. 6 (Park Glen) concerning proposed Ord. No. 17758- property assessments; adoption of ordinance levying assessments for Fiscal 09-2007 Year 2007-2008 and adoption of appropriation ordinance to increase estimated Ord. No. 17759- receipts in the Special District Fund. Mayor Moncrief opened the public 09-2007 hearing and asked if there was anyone present desiring to be heard. Public Improvement Ms. Becky Wood, PID Administrator, Finance Department, appeared before District No. 6 Council, gave a staff report and called attention to Mayor and Council (Park Glen) Communication No. BH-232, as follows: There was presented Mayor and Council Communication No. BH-232 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District No. 6 (PID No. 6) for Fiscal Year 2007-2008; adopting an ordinance closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 6 during Fiscal Year 2007-2008; setting charges and liens against CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 18 of 34 property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $1,281,565.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 6 (Park Glen). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the benefit hearing be closed, Mayor and Council Communication No. BH-232 be approved and Ordinance No. 17758-09-2007 and Appropriation Ordinance No. 17759-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. City Secretary Hendrix advised that prior to taking action on Mayor and Council Communication No. BH-233, the Council needed to first consider Mayor and Council Communication No. G-15839 and adopt the proposed 2007 Assessment Roll for Public Improvement District No. 7 (Heritage). Public Hearing It appeared that the City Council, at its meeting of September 4, 2007, G-15839 continued the public hearing to approve the Fiscal Year 2007-2008 budget and Ord. No. 17760- five-year service plan for Fort Worth Public Improvement District No. 7 09-2007 (Heritage); authorize transfer of City's payment in-lieu of services; adopt FY 2007-2008 proposed 2007 assessment roll; set benefit hearing; authorize transfer for Budget and Five- administrative fees; adopt related appropriation ordinance and authorize Year Service Plan execution of a contract with Premier Communities Management Company to for PID No. 7 provide management services for the District. Mayor Moncrief opened the (Heritage) public hearing and asked if there was anyone present desiring to be heard. Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15839, as follows: There was presented Mayor and Council Communication No. G-15839, dated August 21, 2007, from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 7 (Heritage) (PID No. 7) for Fiscal Year 2007-2008; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 19 of 34 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. 7 and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from the PID No. 7 assessments from prior years; 3. Authorize the transfer of $73,734.00 for the City's payment in-lieu of services from the General Fund to the Special Assessment District Fund (PID No. 7, FY 2007-2008 Project account); 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $73,734.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 7 (Heritage); 5. Adopt the proposed 2007 assessment roll for PID No. 7; 6. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of $19,807.00 for administrative fees from the Special Assessment District Fund (PID No. 7, FY 2007-2008 Project account)to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities to provide management and improvement services for PID No. 7 during FY 2007-2008 for the sum of$1,094,075.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15839 be approved and Appropriation Ordinance No. 17760-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-233 Fort Worth Improvement District No. 7 (Heritage) concerning proposed Ord. No. 17761-09- property assessments; adoption of ordinance levying assessments for Fiscal 2007 Year 2007-2008; adoption of appropriation ordinance allocating estimated Ord. No. 17762-09- receipts to District and authorize execution of a non-binding Memorandum of 2007 Understanding between the City of Fort Worth and Hillwood Alliance Public Improvement District No. 7 Residential, L.P., regarding reimbursement of previous expenditures for benefit (Heritage) of the District. 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 SEPTEMBER 11, 2007 PAGE 20 of 34 Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-233, as follows: There was presented Mayor and Council Communication No. BH-233 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District No. 7 (PID No. 7) for Fiscal Year 2007-2008; adopting an ordinance closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 7 during Fiscal Year 2007-2008; setting charges and liens against property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $1,094,075.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 7 (Heritage); and authorizing the City Manager to execute a non-binding Memorandum of Understanding with Hillwood Alliance Residential, L.P., (Hillwood) to address a process for reimbursement an amount of certain PID No. 7 improvement costs previously incurred by Hillwood. There being no one present desiring to be heard in connection with the benefit hearing, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the benefit hearing be closed, Mayor and Council Communication No. BH-233 be approved and Ordinance No. 17761-09-2007 and Appropriation Ordinance No. 17762-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Benefit Hearing It appeared that the City Council set today as the date for a benefit hearing for BH-234 Fort Worth Improvement District No. 8 (Camp Bowie) concerning proposed Ord. No. 17763- property assessments; adoption of ordinance levying assessments for Fiscal 09-2007 Year 2007-2008 and adoption of appropriation ordinance allocating estimated Ord. No. 17764- receipts to the District. Mayor Moncrief opened the public hearing and asked if 09-2007 there was anyone present desiring to be heard. Public Improvement Ms. Becky Wood, PID Administrator, Finance Department, appeared before District No. 8 Council, gave a staff report and called attention to Mayor and Council (Camp Bowie) Communication No. BH-234, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 21 of 34 There was presented Mayor and Council Communication No. BH-234 from the City Manager recommending that the City Council hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District No. 8 (PID No. 8) for Fiscal Year 2007-2008; adopting an ordinance closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 8 during Fiscal Year 2007-2008; setting charges and liens against property in the District and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $646,960.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 8 (Camp Bowie). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the benefit hearing be closed, Mayor and Council Communication No. BH-234 be approved and Ordinance No. 17763-09-2007 and Appropriation Ordinance No. 17764-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Mayor Moncrief advised the audience that Council Member Silcox was not present as he was providing a presentation to another city on the Joint Land Use Study on behalf of the Naval Air Station Joint Reserve Base. G-15844 It was the consensus of the City Council that Mayor and Council Amend Ord. No. Communication No. G-15844, Adopt and Amend City Ordinance No. 15864 as 15864 to Reflect Previously Amended to Reflect a Name Change from Classic Acquisitions Name Change from Corp., d/b/a Yellow Checker Shuttle to Classic Acquisition Corp., d/b/a Go Classic Acquisition Yellow Checker Shuttle, be withdrawn from consideration. Corp., d/b/a Yellow Checker Shuttle to Classic Acquisition Corp., d/b/a Go Yellow Checker Shuttle Withdrawn from Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 22 of 34 G-15844 Revised It was the consensus of the City Council that Mayor and Council Amend Ord. No. Communication No. G-15844 Revised, Adopt and Amend City Ordinance No. 15864 to Reflect 15864 as Previously Amended to Reflect a Name Change from Classic Name Change from Acquisition Corp., d/b/a Yellow Checker Shuttle to Classic Acquisition Corp., Classic Acquisition d/b/a Go Yellow Checker Shuttle, be continued until the September 18, 2007, Corp., d/b/a Yellow Council meeting. Checker Shuttle to Classic Acquisition Corp., d/b/a Go Yellow Checker Shuttle Continued Until September 18, 2007 G-15846 It was the consensus of the City Council that Mayor and Council Change Retiree Communication No. G-15846, Adopt City Council Resolution Changing Healthcare Benefits Retiree Healthcare Benefits for Employees Hired on or after January 1, 2008, for Employees be continued until the September 25, 2007, Council meeting. Hired or After January 1, 2008 Continued Until September 25, 2007 G-15864 There was presented Mayor and Council Communication No. G-15864 from Ord. No. 17765- the City Manager recommending that the City Council adopt an ordinance 09-2007 denying the rate adjustments proposed by Atmos Energy Corporation, Mid-Tex Deny Interim Rate Division, as reflected in the "Annual Gas Reliability Infrastructure Rate Adjustments Adjustment" filed by Atmos Energy Corp., Mid-Tex Division on May 31, Proposed by 2007; authorizing the participation in the Atmos Cities Steering Committee and Atmos Energy the hiring of consultants and attorneys by such committee in responding to any Corporation, Mid- litigation or appeal to the Texas Railroad Commission; approving costs Tex Division incurred by the committee thus far as reasonable and directing that Atmos Energy Corp., Mid-Tex Division reimburse the City for all past and future reasonable expenses; adopting declarations and findings in the preamble; providing a severability clause; providing for an effective date; and directing that certified copies of this ordinance be delivered to Atmos Energy Corp., Mid-Tex Division following its adoption. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15864 be approved and Ordinance No. 17765-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 23 of 34 G-15865 There was presented Mayor and Council Communication No. G-15865 from Release the City Manager recommending that the City Council authorize City staff to Preliminary release the preliminary Project and Financing Plans related to the proposed Tax Project and Increment Reinvestment Zone Number 13, City of Fort Worth, Texas, Financing Plans (Woodhaven TIF) in order to notify other taxing units which levy taxes within for Tax Increment the proposed TIF of the intent to establish the TIF and to initiate the legal Reinvestment process for designation of that TIF. Zone No. 13 (Woodhaven TIF) Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15865 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15866 There was presented Mayor and Council Communication No. G-15866 from Ord. No. 17766- the City Manager recommending that the City Council approve the inspection 09-2007 and plugging of groundwater wells located within the Trinity Uptown Conduct Municipal Setting Designation (CFW-MSD-0007); approve the transfer of Inspection and $50,000.00 in undesignated funds in the Environmental Management Operating Plugging of Fund (R103) to the Environmental Management Project Fund (R101); and Groundwater adopt an appropriation ordinance increasing estimated receipts and Wells within appropriations in the Environmental Management Project Fund in the amount Trinity Uptown of $50,000.00 from available funds, for the purpose of funding contractual Municipal Setting service fees to receive a Municipal Setting Designation (MSD) for the Trinity Designation Uptown Project for inspection or removal of existing groundwater wells located within the Trinity Uptown MSD. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15866 be approved and Appropriation Ordinance No. 17766-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. L-14396 There was presented Mayor and Council Communication No. L-14396 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 33089 to Allow to execute an amendment to the License and Option Agreement with 11211 Subordinate Katy Freeway, L.P., (City Secretary Contract No. 33089) to allow a Parking License Subordinate Parking License Agreement with United Way of Metropolitan Agreement with Tarrant County; and authorize the City Manager to execute a Subordinate United Way of Parking License Agreement with United Way of Metropolitan Tarrant County Metropolitan to use the designated office parking area behind the building located at 1500 Tarrant County North Main. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 24 of 34 Mayor Pro tem Hicks advised the Council that she had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this issue. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14396 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Silcox absent and with one (1) abstention by Mayor Pro tem Hicks. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14397 authorize conversion of parkland at Oakhurst Park for the purpose of subsurface Convert Parkland drilling and extraction of natural gas from an off site location. Mayor Moncrief at Oakhurst Park opened the public hearing and asked if there was anyone present desiring to be for Purpose of heard. Subsurface Drilling and Mr. Harold Pitchford, Assistant Director, Parks and Community Services Extraction of Department, appeared before Council, gave a staff report and called attention to Natural Gas Mayor and Communication No. L-14397, as follows: There was presented Mayor and Council Communication No. L-14397 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 subsurface drilling and extraction of natural gas from land situated in Oakhurst Park, located on a triangular tract of land being bounded on the east by Mapleleaf Street, on the north by Daisy Lane and on the south by Carnation Avenue, in the C.B. Daggett Survey, Abstract No. 428, Tarrant County, Texas. Byron Sousa Dr. Byron Sousa, 7733 Blossom Drive, appeared before Council in opposition of gas drilling. He advised the Council of the hazards created by the fracking process which included chemically contaminated water and groundwater. He pointed out that 40 percent of the contaminated water used during the drilling process remained in the ground after drilling was completed and urged the Council to consider a moratorium on all gas drilling in Fort Worth until more information could be obtained on all potential hazards. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 25 of 34 Council Member Espino stated that notice was sent to the Presidents of the Oakhurst Neighborhood Association, Sylvan Heights West, and Carter Riverside. He added that he was not aware of any opposition from any neighborhoods closest to this conversion. There being no one else present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Scarth, that the public hearing be closed and Mayor and Council Communication No. L-14397 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2753 There was presented Mayor and Council Communication No. PZ-2753 from the Ord. No. 17767- City Manager recommending that the City Council adopt an ordinance vacating 09-2007 and extinguishing a portion of an unnamed street right-of-way located between Street Right-of- Kaltenbrun Road and Lasater Street in the Sun Valley Addition, an addition to Way Vacation the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase (VA-06-041) value of the vacated land in accordance with City Policy (M&C G-15624). Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2753 be approved and Ordinance No. 17767-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22348 There was presented Mayor and Council Communication No. C-22348 from the Ord. No. 17768- City Manager recommending that the City Council adopt a supplemental 09-2007 appropriation ordinance increasing appropriations in the General Fund in the ETC Institute amount of $47,455.42 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of executing a professional services contract with ETC Institute for the design, administration, execution and analysis of a post contact survey measuring the quality of customer service of the City; and authorize the City Manager to execute a professional services contract with ETC Institute for the design, administration, execution and analysis of a post contact survey measuring the quality of customer service given by designated divisions with seven departments, at a cost not to exceed $98,047.00. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22348 be approved and Supplemental Appropriation Ordinance No. 17768-09-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 26 of 34 C-22380 There was presented Mayor and Council Communication No. C-22380 from the JLB Contracting, City Manager recommending that the City Council authorize the City Manager LP to execute a contract with JLB Contracting, LP, in the amount of$1,156,183.90 for 130 working days for HMAC Surface Overlay 2007-6 at various locations (City Project No. 00748). Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22380 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22381 There was presented Mayor and Council Communication No. C-22381 from the Res. No. 3525-09- City Manager recommending that the City Council adopt a resolution 2007 authorizing execution of a Local Project Advance Funding Agreement Ord. No. 17769- (LPAFA) with the Texas Department of Transportation (TxDOT) in the amount 09-2007 of $3,341,072.00 (City Participation to be $1,338,786.00 and Federal Texas Department Participation to be $2,002,286.00) for the preparation of plans, specifications of Transportation and estimates for three bridge structures located on BU 287P (North Main Street), SH 199 (Henderson Street) and White Settlement Road over the future Trinity River By-Pass Channel; authorize the City Manager to accept, if offered, $2,002,286.00 in federal grant funds toward the BU 287P (North Main Street) Bridge and the Henderson Street (SH 199) Bridge; authorize the use and transfer of$500,571.00 from the 2004 Street Improvements Fund to the Grants Fund for the City's match; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,502,857.00, subject to the receipt and the execution of the Local Project Advance Funding Agreement with the Texas Department of Transportation, for the purpose of funding the preparation of plans, specifications, and estimates for three new bridge structures on BU 287P (North Main Street), the Henderson Street Bridge (SH 199), White Settlement Road over the new By-Pass Channel near the Trinity River; and authorize payment in the amount of $54,825.00 to TxDOT for their review of documents according to the LPAFA. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22381 be approved and Resolution No. 3525-09-2007 and Appropriation Ordinance No. 17769-09- 2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 27 of 34 C-22382 There was presented Mayor and Council Communication No. C-22382 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 $4,508,050.00 for Southside II Water Transmission Main, Part 1 from the Risinger Road/East Right-of-Way of I.H. 35W intersection to the Oak Grove Road/Oak Grove - Shelby Road intersection (City Project No. 00303). Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22382 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22383 There was presented Mayor and Council Communication No. C-22383 from the Garney City Manager recommending that the City Council authorize the City Manager Companies, Inc. to execute a construction contract with Garney Companies, Inc., in the amount of$2,194,613.75 for Southside II Water Transmission Main, Part 4 from south of Alta Mesa Boulevard to the Rolling Hills Water Treatment Plant (City Project No. 00303). Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22383 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22384 There was presented Mayor and Council Communication No. C-22384 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 33942 to execute Amendment No. 1 to City Secretary Contract No. 33942, a - Two SR, L.P. Community Facilities Agreement with Two SR, L.P., in the amount of $59,655.00 for the installation of the Northside II 42-inch Approach Water Main and Northside III 36-inch Water Main. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22384 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XVIIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-0145 It appeared that the City Council, at its meeting of September 4, 2007, Approved/Denied continued the hearing of the application of the City of Fort Worth (Arlington Heights Neighborhood) for a change in zoning of property located in the 3600 and 3700 block of Watonga Street, the 3800 block of Tulsa Way and the 1500 block of Owasso Street, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 28 of 34 Approved: From "C" Medium Density Multifamily Residential and "C/DD" Medium Density Multifamily Residential/Demolition Delay to "A-5" One Family Residential and "A-5/1313" One Family Residential/Demolition Delay. Denied: (A) 3600 Watonga Street, from "C" Medium Density Multifamily Residential to "A-5" One Family Residential. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Phillip Poole Mr. Phillip Poole, 3637 Watonga, representing the owner and the purchaser of the property at 3600 Watonga, appeared before Council in support of the denial. He explained that the site had been vacant for 32 years and that it fronted a 80 foot major arterial with a 60 foot driveway. He pointed out that the property was sandwiched between two commercial properties and to rezone the property to "A-5" One Family Residential would preclude the purchaser of the property from building a two-family structure. He requested that the Council uphold the City Zoning Commission's recommendation to deny the rezoning for 3600 Watonga. He advised that the purchaser contracted for the property while the property was zoned "C" Multi-Family and that the petition circulated was not able to find the owner who lived out of town. The following individuals appeared before Council in opposition of the denial of the property at 3600 Watonga. They stated that 90 percent of the neighborhood was opposed to the property not being rezoned to single-family and that the neighborhood wanted to retain the craftsman bungalow appearance of the area. They pointed out that the property was platted to Watonga Street and not Montgomery and that any residential property would be platted to Watonga Street and that construction on the property would be a challenge. Brad Schneider Mr. Brad Schneider 3609 Watonga Street Ms. Beth Kaufmann 1600 Frederick Street Mr. Poole provided rebuttal and stated that the use of the site was evaluated. He stated that the structure would face Watonga but that did not negate the fact that it was sitting on a major arterial or that it had been lying empty. He added that putting it into residential use that was compatible with the neighborhood CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 29 of 34 was the best use the applicant could hope for. He pointed out that if this particular site was rezoned to "MU" it would be very difficult to use because of the parking requirement; the fact that the purchaser could build a residential structure at the location was a compromise that made a great deal of sense and not devalue neighborhood properties. Council Member Burdette stated that he had received a letter from Ms. Kristina Potoski stating that the Arlington Heights Neighborhood Association supported the rezoning of the property at 3600 Watonga. He added that he had also received a petition with a number of signatures from residents along Watonga. He provided a summary of the zoning case and history of the area and pointed out the application was initiated by the neighborhood association through a petition process. He stated that the issue was that the neighborhood was seeking to rezone property that belonged to someone else and added that the property was unlikely to be compatible for single family because of the large frontage on Montgomery. He further stated that the proposed duplex property was more likely to be compatible for the property and that if the property were rezoned to "A-5" that rezoning would decrease the value of the property. There being no one else present desiring to be heard in connection with the application of the City of Fort Worth (Arlington Heights Neighborhood), Council Member Burdette made a motion, seconded by Council Member Jordan, that the hearing be closed and that Zoning Docket No. ZC-07-145 be approved/denied as recommended by the City Zoning Commission. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 30 of 34 ORDINANCE NO. 17770-09-2007 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 eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XIX Mayor Moncrief recognized Mr. Joe Don Brandon, 1515 East Lancaster, as Citizen desiring to address the Council relative to requesting an ordinance banning the Presentations use of offensive language in the City; however, Mr. Brandon was not present in Joe Don Brandon the Council Chamber. Pati K. Lee Ms. Pati K. Lee, 4617 Feathercrest Drive, appeared before Council relative to the placement of garbage carts and recycling containers on residential property. She stated that while her neighbor's cart could not be seen from the front of their property, it could be seen from her front window. She pointed out that the ordinance was not a reflection of the information that was on the City's website and requested that the ordinance be amended to be more specific on the placement of garbage and recycling containers. She added that she had not been contacted by anyone on the City staff about this issue although she was informed that someone would contact her. Mayor Moncrief asked Ms. Lee to meet with Assistant City Manager Libby Watson to resolve her concerns. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 31 of 34 The following individuals appeared before Council relative to the proposed gas drilling by Chesapeake Operating, Inc., and the removal of trees along the Trinity River, and expressed various concerns as follows: 1. Concerns for safety of residents and children must be considered. 2. Require a safety zone of at least 1000 feet from homes, schools, etc. 3. Must provide protection of water resources and trees. 4. The possibility of reducing the size of the drill pad. 5. Drill site be moved to adjacent railroad property. 6. Was this the best choice or urban land use planning? 7. With property rights, came property responsibility. 8. Council must be stewards of the City's land. 9. Reduce environmental impact to trees and birds. 10. Whether the inherent value of the acreage was considered. 11. City needed to take pause on approving every drill site requested. 12. That the City Council intervene in this process. Mary Fulbright, Ms. Mary Fulbright 6632 Normandy Jim Bradbury, Mr. Jim Bradbury 2216 Hawthorne Avenue Joan Kline, (Provided PowerPoint briefing) William Ms. Joan Kline 1215 Elizabeth Boulevard Billingsley, Mr. William R. Billingsley 5225 Collinwood Ellen Boyer, Ms. Ellen Boyer 2206 Stafford Drive, Arlington, J. Nile Fischer (Volunteered Petroleum Engineer services.) Texas Mr. J. Nile Fischer 2837 Lowden Julie Wilson Ms. Julie Wilson, 301 Commerce Street, representing Chesapeake Energy, stated that this was a tough situation that was ultimately about progress. She assured the Council and residents of Fort Worth that Chesapeake Energy had listened to all the concerns and added that she did not know if there would be a solution that would be acceptable to everyone. She advised of a proposed meeting of the CEO's of Chesapeake Energy and the Union Pacific Railroad Company. She added that the company would try to reduce the size of the pad site and hoped to earn the respect of the Fort Worth community through their effort s. Council Member Davis expressed appreciation to everyone who spoke on this issue. She referred to the grove of trees at the proposed site and stated that there was nothing else like it on the entire Trinity River Trail system and that it had long been considered one of the most tranquil areas along the trail. She added that unfortunately it had long been in private ownership although people CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 32 of 34 who used the trail believed that it was a protected park. She expressed appreciation to Ms. Wilson and the willingness CEOs of her company and Union Pacific Resources Company to meet together to talk about this issue. She stated that as these meetings continued, she hoped that the City could be part of those meetings. She added that this was a symptom of a much larger problem and that her district was the first to be feeling the impact of this issue, and assured that her fellow Council Members that they all would find themselves in situation after situation where they were responding to grave concerns about proposed drilling. She stated that she thought the City needed to be more proactive as she thought the City had been more reactive, to their detriment. She asked that City Manager Boswell schedule a workshop to discuss various aspects of the drilling ordinance and the quality of life in the communities where the drill sites are located. She emphasized that some of the areas where drill sites would be located were absolutely irreplaceable, and would be replaced by something that would be there for many, many decades and that the quality of life in the Central City would suffer from it. She stated there needed to be a proactive plan on where pipelines, truck routes and compression stations would be located and a dialog that was in very much in keeping with comments made tonight where property owners were going to benefit tremendously from the drilling, in this instance the Union Pacific Resources Company and the Colonial County Club, were not being asked to bear any burden of the operation of the drill site. She stated that another concern was that under the protection of the City's high impact ordinance, the ordinance could be set aside and the Council never hear the case if the adjoining property owners within 600 feet signed a waiver, and added that a discussion was needed to ascertain if a waiver was really an appropriate tool in the Central City when it came to a high impact request. She asked that the Council become an active part of the discussion on this particular site and how the City would approach urban drilling in the future. Council Member Scarth also expressed appreciation to all the speakers. He stated that he understood everyone's attachment to the trees as he was originally from West Texas; however, there was not much that the City could do in this instance. He stated that the Council represented everyone in Fort Worth and had to balance the laws of the State of Texas and the rights of mineral owners. He pointed out that there were many people who needed extra money that could be provided by drilling and that was their right to do so. He said that with hard work from concerned citizens and staff, the Council could find ways to make the ordinance better. He assured the audience that the Council Members were their advocates and understood their desires that this area needed to be preserved; however, it should also be understood that the Council had limitations to what could be done about this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2007 PAGE 33 of 34 Council Member Burdette stated that the Council had been proactive and had spent over three years developing the current gas drilling ordinance. He pointed out that the Council had spent almost that same amount of time developing a tree ordinance. He emphasized that in formulating a gas drilling ordinance the Council had to take into consideration the rights of a lot of different property owners and those who did not own property. The Council also had to constantly keep in mind that these minerals and gas belonged to the people who owned the land. He pointed out that in this instance, Chesapeake had acquired a piece of land and had received gas leases from the railroad and country club and from homeowners. He added that Chesapeake had sought to get away from homes in a developed area and purchased land already in a commercial neighborhood and they had complied with all City ordinances. He stated that the issue was not about drilling in urban areas or failure to comply with the gas ordinance; the issue was about trees and people's desire to keep trees, in particular this grove of trees. He stated that he was concerned with a dialog that would suggest that the City would come in and develop a gas drilling ordinance that would save trees. He completed his comments by stating that he hoped that everyone concerned could maintain a civil dialog and that when the City was asked to act as a catalyst in a particular situation, he had concerns as he did not think that was a proper exercise of the City's jurisdiction. Council Member Davis stated that she wanted to break up the perception that the people in audience lived in an adjoining neighborhood and wanted the trees in their neighborhood saved. She pointed out that the 1,200 people who had signed the petition were from all over the City, from every income level and all walks of life, and they enjoy the tranquility received from this trail system. She added that, with all due respect, to all of the work that had been done on the drilling ordinance thus far, the reason that it had been modified and remodified was because the Council could not anticipate every situation that would come before the Council. She stated that when the ordinance was adopted, she did not appreciate and understand the impact the neighborhoods she represented. She pointed out that the Council allowed drilling to occur in every zoning category in the City, and as a result of that, the City was in the situation where the impact could not be anticipated. She stated that this was worth looking at the ordinance once again to discuss where drilling sites should be located. Mayor Moncrief stated that this issue had the full attention of the Council. He added that he hoped the speakers had seen the listing of what could been built on the property without any trees left, if Chesapeake had not purchased the property. He pointed out that a concrete batch plant or manufacturing plant CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11,2007 PAGE 34 of 34 could have been located at the site and none of the trees preserved. He stated that he took exception to anyone stating that the Council had not been proactive in dealing with the issue of drilling in the City. He stated that if the entities involved in this issue could work together to find middle ground on the well site, that would be an effective solution. He stated that before the Council tampered with the ordinance, he urged the Council to be very cautious because the one thing the Council did not want was unintended consequences. Robert McKee Mr. Robert McKee, 209 W. 2nd Street#212, appeared before Council relative to the frequent arrests of Charles Joyner, a Fort Worth resident. He stated that Mr. Joyner was a fixture in Downtown Fort Worth and was not one to solicit money from anyone. He added that on the contrary, Mr. Joyner greeted everyone in a very friendly manner, but that the Police Department had arrested him on a number of occasions for panhandling. He presented a chart of the number of arrests and the arresting officers. Mayor Pro tem Hicks asked Mr. McKee to meet with Assistant City Manager Joe Paniagua to address this issue. Agenda Item XXI There being no further business, the meeting was adjourned at 9:45 p.m. in Adjournment honor of former City Council Member Shirley Johnson and those who lost their lives six years ago today. These minutes approved by the Fort Worth City Council on the 18th day of September, 2007. Attest: Approved: Marty Hendrix Michael oncrie City Secretary Mayor