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HomeMy WebLinkAbout2007/09/18-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 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 10:31 a.m. on Tuesday, September 18, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item II The invocation was given by Reverend Floyd Moody, Mt. Horum Missionary Invocation Baptist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Jordan, the minutes of the called special emergency meeting and the regular Minutes meeting of September 11, 2007, were approved unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Member Davis assumed her place at the dais.) Agenda Item V Council Member Espino presented a Proclamation for Hispanic Heritage Month Special to Assistant City Attorney Christa Lopez, Hispanic Heritage Celebration Presentations Employee Chair. Council Member Silcox stated that although he was not present at the September 4, 2007, Council meeting to present the proclamation for Prostate Cancer Awareness Month as he was presenting information on the Joint Land CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 2 of 28 Use Study for the Joint Reserve Base, he wanted to encourage every man over the age of 50 to get tested for prostate cancer annually. He advised of his personal experience as a survivor of prostate cancer and stressed the importance of having a PSA test performed annually. He presented a Proclamation for Leukemia, Lymphoma and Myeloma Awareness Month to Ms. Tina Garcia, Executive Director of the North Texas Chapter of the Leukemia and Lymphoma Society. Council Member Jordan also advised that his wife, Glenda, was a two-time cancer survivor and added that she was a heroine to him. Agenda Item VI Council Member Jordan stated that he had held his "Kitchen Cabinet" meeting Announcements this weekend with the leaders in District 6 and attended six neighborhood association meetings within the last month. He pointed out that the top concern was gas wells and the Barnett Shale and expressed appreciation to David Lunsford from Planning and Development Department, Assistant City Attorney Melinda Ramos for providing very professional presentations on the Barnett Shale, and Mr. Bob West a pro-bono attorney working with the League of Neighborhoods, and the message they put forth on how neighborhoods should approach gas well drilling and how best to work this to their advantage. He noted that the City's ordinance had been very visionary at identifying the needs of the community and pointed out that 70 wells had been drilled in his district as of this date. He strongly recommended that all neighborhoods in the City get with the City staff and work on this issue as they were the experts. Council Member Silcox stated that he presented a proclamation this pastweekend for the "Cruise to the Cure" event conducted downtown which was a custom auto show and also presented the Mayor's Award on September 15, 2007. He announced that on September 24, 2007, at 7:00 p.m. at the new Brewer High School a meeting would be held for the Joint Land Use Study Policy Committee to discuss the recommendations of the Committee that would eventually be presented to the six cities affected by this issue. He pointed out that this was a measure to protect the Joint Reserve Base. He emphasized that there had been a serious lack of interest exhibited on this issue and if the base closed, 10,000 jobs would be lost on the base and a potential loss of 40,000 jobs in the north Texas area. He encouraged everyone interested to please attend the meeting. Council Member Moss announced that Dunbar High School would celebrate their 50th Anniversary this weekend and as part of that celebration would be the opening of the Stop Six Heritage Center at 5100 Willie Street on the Dunbar CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 3 of 28 Six Grade Center Campus. He added that opening ceremonies would be on September 22, 2007, from 1:00 p.m. to 1:30 p.m. with the Center being open from 1:00 p.m. to 5:00 p.m. and on September 23, 2007, the Center would be open from 2:00 p.m. to 4:00 p.m. He stated that the overall thrust of this redevelopment program was that it had been determined that when students grow up in a community they do better in life as they reinvested in the neighborhood when they know their history. He added that the Heritage Center will kick-off the redevelopment process in the historic Rosenwall School which was eligible for the National Register. He stated that the Center would be set up to serve as a museum, library and focusing point for the community to tell their stories about the community. He noted that students at the Dunbar Six Grade campus would be involved in documenting, writing and providing presentations on this process. Council Member Espino acknowledged the presence of former District 2 City Council Member Louis Zapata in the audience. He expressed appreciation to City staff, Assistant City Manager Joe Paniagua and Fire Chief Rudy Jackson for attending the Sendera Ranch Town Hall meeting on September 12, 2007, and stated that the meeting was very positive. He announced that a Community Police Forum would be held on September 25, 2007, at 6:00 p.m. at the Rose Marine Theatre; a Six Points Urban Village public meeting would be conducted on September 26, 2007, at 6:30 p.m., at the Riverside Community Center and on September 27, 2007, a Mercado Urban Village meeting would be conducted at 6:30 p.m. also at the Rose Marine Theatre. Council Member Burdette announced that Jazz By The Boulevard would be held this weekend and asked Ms. Brandy O'Quinn, President of Historic Camp Bowie, Inc., to brief the Council on this weekend's events. Ms. O'Quinn invited the Council to attend the festival this weekend on the lawn of the Will Rogers Memorial Coliseum in the Cultural District and summarized the line up of performers. She stated that more information could be obtained by accessing the website www.fortworthjazz.com. She added that the festival was a free event and encouraged everyone to attend. Mayor Pro tem Hicks announced that a meeting would be held September 26, 2007, at 7:00 p.m. for a Master Plan for Tandy Hills Park at Sycamore Community Center, and the final public meeting for the Southeast Urban Villages would be held September 27, 2007, at 6:30 p.m. at Morningside Middle School. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 4 of 28 Mayor Moncrief requested that the meeting be adjourned in memory of Bradley Jameson, son of Bob and Anne Jameson, who were very active in the community. He stated that services would be on September 20, 2007, and asked that everyone keep the family in their prayers. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1625 M&C OCS-1625 - 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-15867 M&C G-15867 - Authorizing the City Manager to accept from the Texas Ord. No. 17771- Governor's Division of Emergency Management an award of $129,414.00 to 09-2007 reimburse expenditures from the City of Fort Worth's Emergency Management Accept Grant for Program; authorizing the City Manager to transfer funds in the amount of Emergency $16,969.05 from Tarrant County for emergency management services provided Management during Fiscal Year 2006-2007 from the General Fund to the Grants Fund to be Services to used for local match for the grant; authorizing receipt of funds in the amount of Tarrant County $85,704.19 from Tarrant County for emergency management services provided during Fiscal Year 2006-2007 in the Grants Fund to be used for local match for the grant; authorizing transfer of Office of Emergency Management funds from the General Fund to the Grants Fund in the amount of$360,269.76 as the City's match for the grant; and adopting Appropriation Ordinance No. 17771-09-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $592,357.00 from available funds for the purpose of providing emergency management services to Tarrant County. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 5 of 28 G-15868 M&C G-15868 - Adopting Resolution No. 3526-09-2007 for the continued Res. No. 3526-09- employment of the law firm of Kelly, Hart & Hallman, LLP, as outside legal 2007 counsel to advise the City regarding the management of City Gas Well Ord. No. 17772-09- Revenue; and adopting Supplemental Appropriation Ordinance No. 17772-09- 2007 2007 increasing appropriations in the General Fund in the amount of Increase Payment $15,000.00 and decreasing the unreserved, undesignated fund balance by the for Outside Legal Counsel Regarding same amount, for the purpose of increasing the amount to be paid to Kelly, Hart Management of Gas & Hallman, LLP, as outside legal counsel to provide legal representation to the Well Revenue City regarding management of City Gas Well Revenue. G-15869 M&C G-15869 - Adopting Appropriation Ordinance No. 17773-09-2007 Ord. No. 17773-09- increasing estimated receipts and appropriations in the Airport Grant Fund in 2007 the amount of$19,516.14 from a credit from Denton County for land that was Ord. No. 17774-09- purchased with funds from FAA Grant 3-48-0296-1701, for the purpose of 2007 applying said funds to the Phase VI Runway Extension Project Grant 3-48- Increase Airport 0296-27-2005 for Alliance Airport; and adopting Appropriation Ordinance No. Grants Fund for 17774-09-2007 increasing estimated receipts and appropriations in the Airport Alliance Runway Extension Project & Grants Fund in the amount of$932.83 from the General Fund, for the purpose Meacham Noise of transferring said funds to the Meacham Noise Mitigation Grant 3-48-0085- Mitigation Program 14-2005. P-10650 M&C P-10650 - Authorizing the purchase of a crack sealer machine from Crack Sealer Texas Association of School Boards Cooperative Contract 205-04 with Crafco Machine Texas, Inc., for the Transportation and Public Works Department for a cost not to exceed $55,202.83, with payment due 30 days from receipt of invoice. C-22385 M&C C-22385 - Authorizing the City Manager to execute a contract with Malouf Malouf Engineering International, Inc., for communication tower structural Engineering analysis, design modification, maintenance and inspection consulting services International, Inc. for the Information Technology Solutions Department. C-22386 M&C C-22386 - Authorizing the City Manager to execute a non-exclusive Eagle Mountain- license/lease agreement with Eagle Mountain-Saginaw Independent School Saginaw District to access a sanitary sewer easement to connect Boswell High School Independent sewer facilities to a City of Fort Worth sewer line. School District C-22387 M&C C-22387 - Authorizing the City Manager to enter into a Pipeline License BNSF Railway agreement with BNSF Railway Company for a 16-inch water pipeline to Company support the Vista Crossroads Development, Phase 1, located at milepost marker 18.24 (DOE 5535 - #07-32098). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 6 of 28 C-22388 M&C C-22388 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. 1 to City Secretary Contract No. 34166 with Jackson Construction, LTD, for to CSC No. 34166- water main relocation along US Highway 377 from Keller-Haslet to one mile Jackson south of Denton County Line. Construction, LTD C-22389 M&C C-22389 - Authorizing Change Order No. 3 to City Secretary Contract Change Order No. 3 No. 31836 with McClendon Construction Company, Inc., for 2004 CIP Minor to CSC No. 31836- Drainage Contract H, Meadowbrook Hills Improvements (Project No. 00074). McClendon Construction Company, Inc. C-22390 M&C C-22390 - Authorizing the City Manager to execute an engineering Ord. No. 17775- agreement with TCB, Inc., for the Provine Drainage Improvements (Project No. 09-2007 00703); adopting Appropriation Ordinance No. 17775-09-2007 increasing TCB, Inc. estimated receipts and appropriations in the Storm Water Capital Projects Fund in the amount of$46,783.00 from available funds, for the purpose of executing an engineering agreement with TCB, Inc., for the Provine Drainage Improvements (City Project No. 00703); and authorizing the transfer of $46,783.00 from the Storm Water Utility Fund to the Storm Water Capital Projects Fund. C-22391 M&C C-22391 - Amending M&C C-22127 and authorize payment in the Follett Books amount of $13,700.00 to Follett Books for books for the City's Construction Inspection Certification Program. C-22392 M&C C-22392 - Authorizing the City Manager to execute one year Interlocal City of North Agreements with options to renew with the City of North Richland Hills and Richland Hills Tarrant County to provide necessary crime lab services on a fee-for-services basis. C-22393 M&C C-22393 - Adopting Supplemental Appropriation Ordinance No. 17776- Ord. No. 17776- 09-2007 increasing estimated receipts and appropriations in the Environmental 09-2007 Management Fund in the amount of$17,500.00 and decreasing the unreserved Ord. No. 17777- retained earnings by the same amount, for the purpose of transferring said funds 09-2007 to the Environmental Management Project Fund; approving the transfer of Intercon $17,500.00 in undesignated funds to the Environmental Management Operating Environmental, Fund (R103) to the Environmental Management Project Fund (R101); adopting Inc. Appropriation Ordinance No. 17777-09-2007 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of$17,500.00 from available funds, for the purpose of executing a contract with CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 7 of 28 Intercon Environmental, Inc., for asbestos abatement services for the former Blood Bank located at 405 West 13th; authorizing the City Manager to execute a contract with Intercon Environmental, Inc., for asbestos abatement services for the former Blood Bank located at 405 West 13th in the amount of $17,500.00, through the Cooperative Purchasing Program with the Texas Department of Transportation; and authorizing the City Manager to execute a contract with Intercon Environmental, Inc., for the interior demolition and removal of the roofing system, including the HVAC units for the former Blood Bank located at 405 West 13th in the amount of $19,904.00 pursuant to the Local Government Code 271.102 "Cooperative Purchasing Program" with the Texas Department of Transportation. C-22394 M&C C-22394 - Authorizing the City Manager to enter into an agreement with Ord. No. 17778- the Texas Commission on Environmental Quality to receive voluntary 09-2007 Supplemental Environmental Project contributions for a one-time "Mow Down Texas Commission Air Pollution" Mower Exchange Event in the amount of $50,000.00; and on Environmental adopting Appropriation Ordinance No. 17778-09-2007 increasing estimated Quality receipts and appropriations in the Grants Fund in the amount of $50,000.00, upon receipt of the grant from the Texas Commission on Environmental Quality, for the purpose of funding Supplemental Environmental Project contributions for a one-time "Mow Down Air Pollution" mower exchange event. C-22395 M&C C-22395 - Authorizing the City Manager to execute a contract with Advanced Paving Advanced Paving Acquisition, Ltd., in the amount of$189,808.27 for parking Acquisition, Ltd. lot improvements at Far Northside Community Center and Marine Park. C-22396 M&C C-22396 - Authorizing the City Manager to execute a contract with Laughley Bridge Laughley Bridge & Construction, Inc., in the amount of $283,959.00, for & Construction, drainage improvements at Overton Park. Inc. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Presentations by Burdette, that Louis Ayala be appointed to the Golf Advisory Board and that City Council Mac Belamontes be appointed to Community Action Partners effective Appointments September 18, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 8 of 28 Council Member Silcox made a motion, seconded by Council Member Espino, that Sanjeev Mundluru be appointed as his representative to the Youth Advisory Board effective September 18, 2007. 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 Agenda Item XIII There was presented a resolution by the Fort Worth City Council requesting the Res. No. 3527-09- Texas Municipal League (TML) to seek introduction of or support legislation 2007 that provides municipal land use authority in extraterritorial jurisdictions. Request TML Seek Introduction of or Council Member Burdette made a motion, seconded by Council Member Davis, Support Legislation that Provides that Resolution No. 3527-09-2007 be adopted. The motion carried Municipal Land Use unanimously nine (9) ayes to zero (0) nays. Authority in Extraterritorial Jurisdictions Res. No. 3528-09- There was presented a resolution by the Fort Worth City Council requesting the 2007 Texas Municipal League (TML) to seek introduction of or support legislation Request TML Seek regarding evacuation reimbursement. Introduction of or Support Legislation Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, Regarding that Resolution No. 3528-09-2007 be adopted. The motion carried Evacuation Reimbursement unanimously nine (9) ayes to zero (0) nays. Res. No. 3529-09- There was presented a resolution by the Fort Worth City Council requesting the 2007 Texas Municipal League (TML) to seek introduction of or support legislation Request TML Seek regarding changes in the Housing Tax Credit Program Qualified Allocation Introduction of or Plan and Rules with Amendments. Support Legislation Regarding Changes Council Member Silcox requested staff provide an explanation of this in Housing Tax resolution. Credit Program Qualified Allocation Plan and Rules with Assistant City Manager Dale Fisseler stated that the resolution was similar to a Amendments resolution adopted by the Council in 2006. He added that this resolution would provide consideration for equal credit for projects that would come into the City that had a mixed income levels within the complex as opposed to 100 percent low income, such as for apartment complexes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 9 of 28 Council Member Espino made a motion, seconded by Council Member Davis, that Resolution No. 3529-09-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15844 Revised There was presented Mayor and Council Communication No. G-15844 Ord. No. 17779-09- Revised, dated August 28, 2007, from the City Manager recommending that the 2007 City Council adopt an ordinance amending City Ordinance No. 15864 as Amend Ord. No. previously amended to change the name from Classic Acquisition Corp., d/b/a 15864 to Reflect Yellow Checker Shuttle to Classic Acquisition Corp., d/b/a Go Yellow Checker Name Change from Classic Acquisition Shuttle; providing that the findings and recitations contained in the preamble Corp., d/b/a Yellow are the findings of the City Council; providing for written acceptance of this Checker Shuttle to ordinance by Classic Acquisition Corp., d/b/a Go Yellow Checker Shuttle. Classic Acquisition Corp., d/b/a Go Council Member Silcox made a motion, seconded by Council Member Davis, Yellow Checker that Mayor and Council Communication No. G-15844 Revised be approved and Shuttle Ordinance No. 17779-09-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15857 It appeared that the City Council, at its meeting of September 4, 2007, Waive High continued the public hearing to grant a waiver for a high impact gas well pad Impact Gas Well site permit requested by Chesapeake Operating, Inc., for the Golf Lease located Pad Site Permit northeast of Rockwood Park Drive and southwest of Jacksboro Highway. for Golf Lease Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Susan Alanis, Planning and Development Department Deputy Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15857, as follows, and advised that Council consideration reflect inclusion of the revised exhibit: There was presented Mayor and Council Communication No. G-15857, dated September 4, 2007, from the City Manager recommending that the City Council consider a waiver for a high-impact gas well pad site permit request of Chesapeake Operating, Inc., to allow the drilling of the Golf-1H gas well on Pad-A of the Golf Lease located in the J. Baugh Survey, Abstract No. 115, located northeast of Rockwood Park Drive and southwest of Jacksboro Highway. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 10 of 28 Council Member Silcox inquired if residential, schools or hospitals were within the 600 foot restricted distance. Ms. Alanis stated that there were residential uses by the site and that Chesapeake had made an effort to obtain waivers from some of the owners; however, some of the properties were rental properties whose owners lived out of state, but that notice of the plan was sent to the tenant and property owner. She added that one of the staff's considerations was that Jacksboro Highway serve as a buffer between the residential properties and the drill site. Council Member Silcox inquired if the City had any indication of what were the interests of the neighborhood. Council Member Espino responded that there was a public meeting last night at All Saints Catholic Church Parish Hall and residents of the neighborhood were present and expressed their concerns on noise, lighting and impact to the neighborhood. He explained the topography of the area and pointed out that the winning bid would provide $4.7 million in revenue with a 26 percent royalty. He added that at the meeting last night he pledged to create a Rockwood Citizens Advisory Committee to work with Chesapeake and the Parks and Community Services Department to make sure that, as the City went forward on this issue, the following would occur: 1. The lease bonus stayed with the Rockwood Park and Golf Course for improvements. 2. Lighting would be directional away from the homes on Grand. 3. Add landscaping to act as a buffer. 4. The company would obtain a bond to protect the road. 5. Traffic would be monitored closely. 6. Residents would continue to have input and oversite on Rockwood Park. He concluded by stating that when the Mayor and Council Communication was presented to the Council for consideration he would ask for the following: 1. That the entire lease bonus be reinvested with Rockwood Park and Golf Course. 2. A master plan be created for the park. 3. The citizens have input for improvements to the park and golf course. He added that he had not received any opposition from the neighborhood on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 11 of 28 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 Jordan, that the public hearing be closed and Mayor and Council Communication No. G-15857 be approved with the revised exhibits. Mayor Pro tem Hicks applauded the recent advocacy seen in District 9 around the proposed drilling at Trinity Park. She expressed concerns about the telephone calls and e-mails she had received and pointed out that urban drilling issue did not start last week with the issue of Trinity Park. She specifically addressed the District 8 area and stated that she had been personally involved with each neighborhood where drill sites had been erected to ensure the least impact. She pointed out specific examples of her initiatives at the Masonic Home, Glen Garden Country Club, Cobb Park, Morningside Park and Tandy Hills Park. She added that she and Dr. Camilla Rodriguez visited Rockwood Park and determined that the site could not be located elsewhere in the area especially since the church at the location was closing and would not be affected. She agreed with Council Member Espino that there needed to be a tangible long-lasting benefit to urban gas well drilling and that in this case residents in District 2 and beyond would see a tangible benefit. Council Member Jordan stated that the Barnett Shale was currently yielding almost 5 percent of the natural gas requirements for the entire Nation and was the largest deposit of natural gas in the world. He referred to the previous moratorium on gas well drilling to ensure that all of the conditions were met that resulted in the gas well drilling ordinance and commended Council Member Espino's involvement and leading the process to ensure this gas well would be a benefit to the City. He pointed out that over 689 wells were being drilled or had been drilled in six years and that were now producing resources and that he had been informed that the number could exceed 4,000 to 5,000 in the near future. He added that of those 689 wells, only 5 percent had been high-impact wells and that there were over 300 people in attendance at a neighborhood meeting last night in his district. He further stated that the citizens of Fort Worth needed to be very proud of what the City was accomplishing together to make sure that this blessing did not impact quality of life. Council Member Davis expressed her appreciation to Council Member Espino for delaying the case to allow the Parks and Community Services Advisory Board to provide their input and commended his leadership on this issue. She concurred that the ordinance was excellent and visionary, but added that no one could have foreseen every possible pitfall. She made the following points: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 12 of 28 1. That she had observed e-mails that had been critical on the City's past participation on gas well drilling and commended Mayor Pro tem Hick's for her leadership and proactive involvement. 2. That the Planning and Development Department Director had recommended that the Council consider reconvening the Gas Well Task Force for the purpose of reviewing the City's gas well citing regulations to address the following areas for possible amendments. a. For a gas well to be cited within a certain distance of a designated park, that it would require review and comments from Park and Community Services Advisory Board. b. That the City would apply the same setback requirements to the Trinity River and its tributaries as the City had designated to City parks. c. The City would require the installation of more effective landscape buffers around gas well sites. d. The City might repeal current provisions whereby property owners may waive certain setback requirements, thereby requiring all such waivers to be approved by the City Council. e. Within or near residential zoning districts, require special use permits to be approved by the City Council upon recommendations by the City Zoning Commission. Council Member Davis requested that the following areas also be addressed: a. Look at the possibility of putting impact fees in place for the wear and tear of roadways created by water trucks carrying frac water from the drilling sites. b. That the routing of water trucks be addressed to ensure that damage and intrusion to the neighborhood does not occur. c. That the placement of the pipelines under City streets be addressed and possible placement of fees to allow that use. d. Regulating the location of compression stations. Council Member Scarth also commended Council Member's Espino leadership on this issue. He clarified that the Gas Well Task Force recommended the 600 foot setback only after the tragic incident in Forest Hill. However, he stated that before the incident occurred, he had addressed the 600 foot setback with five industry representatives and four out of the five agreed with the setback distance. He emphasized that the ordinance was not perfect but that he remained committed to developing an ordinance that was balanced and appropriate as possible. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 13 of 28 Council Member Burdette stated that the City could not design a law or ordinance that addressed everything and that was why the high impact exception was part of the ordinance. He commended Mayor Pro tem Hicks and Council Member Espino for visiting the drill site and stated that he had also visited the site. He added that it was incumbent upon all Council Members to visit drill sites to learn as much as possible about the site. He pointed out that every well was different and that it was not possible for an ordinance to be rewritten to provide an answer to every instance. Council Member Silcox stated that the City had to pay attention to citizen desires and address them appropriately. He added that ordinance should left alone as it was serving its purpose. He did support having the Gas Well Task Force meet periodically. Mayor Moncrief also commended Council Member Espino and agreed that the ordinance was not perfect. He added that if the Council was going to consider reconvening the task force that the Council be very, very specific to what their charge would be, and how that charge would have an effect on not crossing the line between the right of people to recover minerals they own, surface rights, impact to the community, and impact to the industry. He further stated that the Council needed to ensure that the City did not over react and that time was given for new technology to be introduced into the process, e.g., recycling of frac water; look at the issue of salt water disposal wells, truck traffic to and from well sites and impact on City streets. He added that the Council would look to the staff to be very specific in what kind of charges would be brought forward to the task force and make certain that the City did not over react and turn this into something that was not constructive. City Manager Boswell recommended that as a first step, a special Council workshop be scheduled on this issue to identify the consensus points on whether to reconvene the task force to limit their charges as stated, and to help the in limiting the kind of research and recommendations the Council would like to see. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15870 There was presented Mayor and Council Communication No. G-15870 from Ord. No. 17780-09- the City Manager recommending that the City Council accept donations in the 2007 Special Trust Fund in the following amounts: Accept Donations for Hispanic Heritage Employee Celebration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 14 of 28 FROM AMOUNT Carillo Funeral Homes $ 100.00 Burlington Northern Santa Fe (BNSF) $ 100.00 The Fort Worth Police Officer Association $ 100.00 The Fort Worth Black Law Enforcement Officers Association $ 100.00 National Latino Peace Officers Association $ 300.00 Fort Worth City Credit Union $ 100.00 Liberty Mutual Group $ 200.00 Hispanic Leadership Organization $ 300.00 Fort Worth Firefighters Association $ 100.00 Total $1,400.00 It is anticipated that additional donations will be received and accepted from various donors; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $5,000.00 from previous and current donations made by agencies and companies for the purpose of funding the entertainment, decorations and other necessary expenditures for the Hispanic Heritage Celebration. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15870 be approved and Appropriation Ordinance No. 17780-09-2007 be adopted 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-15871 adopt a resolution supporting the application of RadioShack Corporation for a Res. No. 3530-09- Municipal Setting Designation for the property located at 401 Northeast 38th 2007 Street to the Texas Commission on Environmental Quality, and adopt an Ord. No. 17781- ordinance prohibiting the potable use of designation groundwater from beneath 09-2007 the site. Mayor Moncrief opened the public hearing and asked if there was Support anyone present desiring to be heard. RadioShack Corporation for Mr. Brian Boerner, Environmental Management Department Director, appeared MSD and Prohibit before Council, gave a staff report and called attention to Mayor and Council Potable Use of Communication No. G-15871, as follows: Designated Groundwater There was presented Mayor and Council Communication No. G-15871 from from Beneath Site the City Manager recommending that the City Council conduct a public hearing on the application of RadioShack Corporation, for approval of a Municipal Setting Designation (MSD) for the property located at 401 Northeast 38th Street, an approximately 9.1597-acre tract, more fully described as Tancor CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 15 of 28 Addition, Block 1, Lot 2, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of the RadioShack Corporation to the Texas Commission on Environmental Quality for a Municipal Setting Designation of 401 Northeast 38th Street, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 13; designating CFW-MSD-0013, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0013 providing that this ordinance is cumulative; providing for a severability clause; providing for a fine of up to $2,000.00 for each offense in violation of the ordinance. 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 Scarth, that the public hearing be closed, Mayor and Council Communication No. G-15871 be approved and Resolution No. 3530-09-2007 and Ordinance No. 17781-09-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22397 There was presented Mayor and Council Communication No. C-22397 from the PAS City Manager recommending that the City Council authorize the City Manager Communications to execute a contract with Pat Svacina, doing business as PAS Communications, for personal services regarding communication services relative to the 2011 Super Bowl, and for legislative related services. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22397 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22398 There was presented Mayor and Council Communication No. C-22398 from the Cinram Wireless, City Manager recommending that the City Council authorize the City Manager LLC, and Alliance to execute a Tax Abatement Agreement with Cinram Wireless, LLC; authorize Gateway No. 11, the City Manager to execute a Tax Abatement Agreement with Alliance Ltd. Gateway No. 11, Ltd.; and find that the contemplated use of land in the reinvestment zone covered by the Tax Abatement Agreements and the improvements to be constructed in the reinvestment zone are consistent with encouraging development of the land and generating economic development and increased employment opportunities in the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 16 of 28 Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-22398 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22399 There was presented Mayor and Council Communication No. C-22399 from the Area Metropolitan City Manager recommending that the City Council ratify expenditures incurred Ambulance by the Fire Department in providing temporary assistance to the Area Authority d/b/a Metropolitan Ambulance Authority d/b/a Medstar (Medstar), in responding to Medstar emergency situations that require medically trained personnel; and ratify the contract entered into between the City and Medstar that allows Fire Department personnel to volunteer to work for Medstar on a temporary basis to assist Medstar in responding to emergencies requiring medical personnel, provides for payment of expenditures by the City, and assigns responsibility for civil liability that arises from the furnishing or obtaining of services under the contract to Medstar. Chris Cirillo Mr. Chris Cirillo, 4100 Ed Bluestein Boulevard, Austin, Texas, Vice President, Acadian Ambulance Service, appeared before Council in support of the contract. He commended the Council on their prompt and prudent action to address the issue of public safety. He extended his company's assistance to Medstar and the City for looking at options to this issue and provided the Council with information on his company. Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication be approved with the following stipulations: 1. That is in place to ensure the safety of the City's citizens. 2. That the City continue to pursue total reimbursement from Medstar for City expenses. 3. That the City initiates an overview study of stop-gap in future requirements. Council Member Scarth expressed appreciation to Assistant City Manager Joe Paniagua, Fire Chief Rudy Jackson, and Mr. Jack Eades from Medstar for the way they worked together to resolve this issue. He stated that Medstar had done a good job in introducing some short-term fixes, e.g., offering bonuses to potential employees and acknowledged the graduation of 14 people from the company's EMT program. He added that the Council was committed to looking at a long term fix to ensure that this issue does not recur. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 17 of 28 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on August 27, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-105 There was presented Zoning Docket No. ZC-07-105 and Site Plan No. SP-07- SP-07-032 032, application of Golden Triangle 9 Properties, LTD., for a change in zoning Approved of property located at 6521 Old Denton Road from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus hotel. Maximum height of the pole sign not to exceed 44 feet, with site plan required. Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-105 and Site Plan No. SP-07-032, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-139 It appeared that the City Council, at its meeting of September 4, 2007, Approved continued the hearing of the application of Maple Tree Investment Corp., for a change in zoning of property located in the 5600 block of Mark IV Parkway from "A-5" One Family Residential and "E" Neighborhood Commercial to "I" Light Industrial, Zoning Docket No. ZC-07-139. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Larry Stevens Mr. Larry Stevens, 2812 Calico Rock Drive, President, Crossing at Fossil Creek Homeowners Association, appeared before Council in support of the zoning change. He expressed appreciation to all parties involved in the rezoning and requested that the Council favorably consider the rezoning. Thad Brundrett Mr. Thad Brudrett, 777 Main Street, representing Carter & Burgess, Inc., appeared before Council in support of the rezoning. He stated that the company requested waiver of the site plan and advised that the neighborhood association had agreed to the waiver. He explained that the property was actually 253 acres and quite large for a single site plan. He stated that the development would be an industrial distribution-type park and that he was working with the neighborhood to develop deed restrictions to address some of the concerns raised in a site plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 18 of 28 There being no one else present desiring to be heard in connection with the application of Maple Tree Investment Corp., Council Member Espino made a motion, seconded by Council Member Scarth, that the hearing be closed and that Zoning Docket No. ZC-07-139 be approved with the restrictions proposed by Carter & Burgess, Inc., and subject to the agreement with The Crossing at Fossil Creek Homeowners Association and with waiver of site plan. ZC-07-141 It appeared that the City Council, at its meeting of September 4, 2007, Approved continued the hearing of the application of Nancy Beth Hawkins for a change in zoning of property located at 609 and 619 Hemphill Street from "G" Intensive Commercial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-07- 141. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Nancy Beth Hawkins, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-141 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-07-051 There was presented Site Plan No. SP-07-051, application of Centreport Approved Venture, Inc., for a site plan of property located in the 14,000 block of Centre Station Drive for a site plan for multifamily. Council Member Moss made a motion, seconded by Council Member Silcox, that Site Plan No. SP-07-051, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-153 There was presented Zoning Docket No. ZC-07-153, application of Heritage Approved Inn Number LIX, et al., for a change in zoning of property located at 8700 and 8740 Harmon Road from "C" Medium Density Multifamily Residential and "G" Intensive Commercial to "C" Medium Density Multifamily Residential (15.60 acres) and "G" Intensive Commercial (2.81 acres). Council Member Espino made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-153, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-154 There was presented Zoning Docket No. ZC-07-154, application of Charles N. Approved Furlich, et al., for a change in zoning of property located at 3401, 3405, 3409, 3417 and 3421 Lawnwood Street from "J" Medium Industrial to "PD/J" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 19 of 28 Planned Development for "J" Medium Industrial, with waivers to all development requirements when adjacent to a single family district, and with waiver of site plan recommended. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-154, be approved with appreciation to Dana Burghdoff, Planning and Development Department Deputy Director. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-157 There was presented Zoning Docket No. ZC-07-157, application of Hearthstone Approved Properties, L.L.C., for a change in zoning of property located at 6913 Camp Bowie Boulevard West from "E" Neighborhood Commercial to "PD/E" Planned Development for "E" Neighborhood Commercial, including the following for inside use only: furniture upholstery, mini-warehouses, assembly of pre-manufactured parts, except for vehicles, trailers, airplanes or mobile homes, carpet and rug cleaning, food processing (no slaughtering), furniture or cabinet repair or construction, manufacture or artificial flowers, ornaments, awnings, tents, bags, brooms or brushes, buttons and novelties, canvass products, clothing, suits, coats or dresses for wholesale trade, plastics, monument/marble works, finishing and carving only and stone monument works, paper box manufacture, sheet and metal shop, warehouse or bulk storage, wholesale: bakery, produce market or wholesale house, wholesale office or sample room, production, manufacture and wholesale retail sales of candy and other confections. No outside storage permitted. Parking will be for the owner, tenants, employees of building and customers only. Deliveries to the loading/unloading docks within 60 feet of the southeast corner of the existing building will be prohibited from 8:00 p.m. until 8:00 a.m. No emissions will be permitted off the property that would constitute a nuisance to adjacent properties, with waiver of site plan recommended for existing commercial building and parking, and with site plan required for new development on the property. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-157, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-160 There was presented Zoning Docket No. ZC-07-160, application of the City of Approved Fort Worth (Crestwood Neighborhood) for a change in zoning of property bounded by Rockwood Park to the north and White Settlement Road to the south from "A-5" One Family Residential and "A-5/HC" One Family Residential/Historic and Cultural to "A-7.5", "A-10" and "A-21" One Family Residential to "A-10/HC" One Family Residential/Historic and Cultural. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 20 of 28 Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-160, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-169 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17782- Docket No. ZC-07-139, Text Amendment for Specialized Certificate of 09-2007 Occupancy. Mayor Moncrief opened the public hearing and asked if there was Text Amendment anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the zoning hearing be closed, Zoning Docket No. ZC-07- 139 be approved and the following ordinance be adopted: ORDINANCE NO. 17882-09-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SECTION 5.203 OF ARTICLE 2, CHAPTER 5, "SEXUALLY ORIENTED BUSINESSES" TO PROVIDE A TIME LIMIT FOR THE APPLICANT TO MEET ALL THE CONDITIONS REQUIRED FOR THE APPLICANT TO MEET ALL THE CONDITIONS REQUIRED FOR THE SUBMISSION OF A SPECIALIZED CERTIFICATE OF OCCUPANCY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks expressed appreciation to City Attorney Yett and his staff for moving forward on this issue. AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-080 It appeared that the City Council, at its meeting of September 4, 2007, SP-07-021 continued the hearing of the application of Quiktrip Corporation, et al., for a Denied change in zoning of property located at 4602, 4608, 4612 and 4616 Diaz Avenue and 4605, 4609 and 4613 Geddes Avenue from `B" Two Family CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 21 of 28 Residential and "E" Neighborhood Commercial to "PD/E" Planned Development for "E" Neighborhood Commercial, with site plan required, Zoning Docket No. ZC-07-080 and Site Plan No. SP-07-021. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. John Barnes Mr. John Barnes, 4729 Kilpatrick, appeared before Council in support of the denial. He stated that this proposed zoning would eliminate Hulen Street 24 hours a day, 7 days a week, 365 days a year. He provided the following reasons that the zoning request should not be approved: 1. All traffic would have to enter the proposed station from the side streets, Geddes and Diaz, and not Hulen. 2. Geddes and Diaz were not built to handle traffic the size of tanker trucks needed to fill the underground storage tanks at the proposed station. 3. Neither street had sidewalks. 4. The trucks would cost taxpayers additional money to keep resurfacing the neighborhood streets that would be bearing the heavy loads. 5. Gasoline was explosive; the Lena Pope School and Arlington Heights High School were close enough to be affected if an explosion occurred. 6. Alamo Heights had a severe problem with flooding that would only be aggravated by this proposed station. 7. There was not a single business between I-30 and Vickery Boulevard that sold hazardous materials. 8. South of Starbucks on Hulen were mainly offices and did not generate high volume traffic as the gas station would. He added that the only people he heard speak in support of this issue were the developers and those whose homes would be purchased for far above market value by the Quiktrip Corporation. He stated that anyone supporting this plan would not be living in the neighborhood next to it. The following individuals appeared before Council in support of the denial. They pointed out the already hazardous driving conditions on Hulen expressed concerns with safety and possible traffic through the neighborhoods. They requested that Council deny the zoning change. Ms. Alexis Brooks 3466 Geddes Mr. Patrick Coyne 3937 Micki Lynn Ms. Debra Webb-Gutierrez 4129 Sangwinet Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 22 of 28 Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing Quiktrip, Inc., appeared before Council in opposition to the denial of the zoning change. He advised that there was a need for this gasoline facility between I-30 and I-20 as there was only a single gas station within that range. He pointed out that 39 percent of the site would be in landscaping and that Quiktrip had gone out of their way to install a landscape buffer between the back of their facility on the south side and residential property. He addressed the traffic study performed at the request of the City and asserted that Hulen Street was a heavily traveled area which was actually the result of Chapel Hill and other commercial enterprises on Hulen Street. He pointed out that there was only one house that the company was trying to purchase between I-30 and Bellaire. He stated that Mr. Flusche, Transportation/Public Works Department, had reviewed the traffic study and had the opinion that the proposed gas station would neither increase or decrease traffic; that it was not a destination point. Mr. Schell added that Mr. Flusche recommended that the access point on Hulen Street and use the two access points on Diaz and Geddes. He added that concerns had been expressed about tanker trucks traveling through the neighborhood and asked the City to add a limitation to the PD that stated all delivery trucks must enter the and exit the site east of 4616 Diaz and east of 4617 Geddes. He pointed out that this would cause the trucks had to come into the site off Hulen Street and then go back to Hulen Street and not through the neighborhood. He added that additional signage would be provided on the site plan that prohibited the trucks turning to the west. He stated that he had two letters from the neighborhood in support of the zoning change and was aware of three letters in opposition. Gene Smith Mr. Gene Smith, 4605 Geddes Avenue, appeared before Council in opposition to the denial of the zoning change. He addressed a long-standing problem with drug activity in the alley between his property and the proposed Quiktrip. He briefed the Council on why he wanted to sell his property and requested they approve the zoning change. City Attorney Yett advised the Council that a simple majority vote by the Council was required since there had not been sufficient written opposition provided to require a super majority vote. Council Member Davis stated that City Attorney Yett's information was based on the file the City had of those individuals expressing opposition within 200 feet from the site. She expressed concerns that many of the Council's constituents communicated with them through e-mail and stated that she had received over 100 e-mails in opposition and wanted to be assured that none of those citizens lived within the required 200 foot limit and should be counted under the super majority requirement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 23 of 28 Ms. Dana Burghdoff, Planning and Development Department Deputy Director, confirmed Council Member Davis' comments and stated that if the City did not have copies of those communications from Council Members who received that opposition, those communications would not have been counted. Council Member Davis stated that comments from citizens who expressed opposition through e-mails needed to be made part of the formal record and stated that she did not know if that could be achieved today. She added that in the interest of procedural fairness, that voting be delayed until that information could be placed before the Council. Council Member Burdette provided a history of this zoning case and the many time this case had already been delayed. He added that he did not think it would be appropriate to delay the case once again. He further stated that it was his understanding that if action was not taken by the Council today, the contract to buy these properties might expire and that would be tantamount to taking action on this issue by default which was unfair. The Council deliberated at length relative to delaying action on this zoning change at which time Mayor Moncrief stated he had been informed that staff could resolve this question today, rather than a week from now. Council Member Davis stated that she did not know if the issue could be resolved today as many of the e-mails did not reflect addresses and therefore could not be verified. Mayor Pro tem Hicks and Council Members Silcox and Jordan expressed their support of the neighborhood's desire to deny the zoning and stated they would vote to uphold the City Zoning Commission's recommendation for denial. Council Member Burdette stated that this was a very difficult choice. He summarized his review of the zoning change and stated that he had spent a lot of time out in the area and had driven to every address in the area that had presented a letter. He added that with a few exceptions, he could not find any house that was in sight of the proposed location. He acknowledged the concerns with the traffic on Hulen and that he had received about an equal amount of letters in support and in opposition of this issue. He stated that Mr. Smith had a great deal involved in this issue as his property had little or no value and that he should be given the opportunity to take advantage of some commercial operation buying his property. He pointed out that he took issue with Mr. Barnes' statement that this would cause a lot of traffic and gasoline CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 24 of 28 trucks in the neighborhood and stated that traffic to the proposed Quiktrip would enter and exit from Hulen. He emphasized what the service station would bring to the neighborhood, e.g., landscaped yard, 8-foot fence, staffed 24-hours a day, etc. and that there was a need for the service station at this location. Mayor Moncrief stated that he usually took the side of the Council Member on issues affecting their district. He added that in this particular case, for the City to allow the alleyway to get in that condition did not reflect well on the City. He stated that Quiktrip was an excellent organization, but at the same time this was going to be a commercial site and submitted that there were other commercial uses that were less intrusive to the neighborhood. He stated that he did not feel comfortable with siding with the Council representative in this particular case. There being no one else present desiring to be heard in connection with the application of Quiktrip Corporation, et al., Council Member Burdette made a motion, seconded by Council Member Scarth, that the hearing be closed and that Zoning Docket No. ZC-07-080 and Site Plan No. SP-07-021 be approved. Council Member Davis made a substitute motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that Zoning Docket No. ZC-07-080 and Site Plan No. SP-07-021 be denied. The motion carried six (6) ayes to three (3) nays, with Council Members Scarth, Moss and Burdette casting the dissenting votes. Council Member Davis commended the members of the Alamo Heights Neighborhood Association on their active involvement in their community. 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 Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 25 of 28 ORDINANCE NO. 17783-09-2007 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 nine (9) ayes to zero (0) nays. (Mayor Moncrief left his place at the dais and did not return.) Agenda Item XVI Mr. Randy Freeman, 8869 Random Road, appeared before Council relative to Citizen poor Code enforcement, tax enforcement and mowing enforcement for property Presentations located at 7508 Trail Ridge Court. He provided a history of this problem which Randy Freeman started in 1981 and advised the Council of mowing fees and back taxes owed on the property and stated that the property had gone into foreclosure. He stated that the City needed to review its policy for Code Compliance and tax collection. Mayor Pro tem Hicks asked Mr. Freeman to meet with Brandon Bennett, Code Compliance Department Assistant Director and Assistant City Manager Libby Watson. Ken Noveroske Mr. Ken Noveroske, 3232 Townsend Drive, appeared before Council relative to an all military memorial. He informed the Council that he had seen such a memorial in New Mexico and stated that he thought it would be a good idea for Fort Worth to have a similar memorial in the Water Gardens. Mayor Pro tem Hicks asked Mr. Noveroske to meet with Assistant City Manager Libby Watson on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 26 of 28 Tommie Henton Ms. Tommie J. Henton, 5017 Wilmington Drive, appeared before Council relative to a crime that committed against her and the accusation of a detective in the Fort Worth Police Department that she was lying about the incident. She stated that she was a widow and on disability and could not afford an attorney to assist her with this issue. She added that she was informed by employees at the Police Department that her case had been closed and asked for the City's assistance in this matter. City Attorney Yett informed Ms. Henton that the City could not represent her on this issue and that he would refer her to an agency that could provide assistance. Mayor Pro tem Hicks asked that Police Chief Ralph Mendoza provide a report to the Council on Ms. Henton's assertion. George Barnes Mr. George Barnes, 5300 Helmick Avenue, appeared before Council relative to purchase of vacant lots in the Como area. Council Member Burdette stated that he had discussed this issue with the City's Real Property Division and provided them with the names and telephone numbers of people interested in purchasing the vacant lots. He added that there were over 80 lots and that it was important to return the properties to the tax rolls as it was an expense to the City to maintain the lots. He further stated that anyone interested in purchasing a lot should contact the City's Real Property Division. Mr. Barnes advised of the rumor that properties would only be sold to individuals who would build a home on the property. Council Member Burdette assured Mr. Barnes that was not the purpose of getting these lots back in private ownership and asked that he speak with the staff in Real Property. Mayor Pro tem Hicks referred Mr. Barnes to Patrice Taylor in the Real Property Division to address this issue and asked that he meet with her Council Aide Devan Allen. Pati Lee Ms. Pati K. Lee, 4617 Feathercrest, appeared before Council relative to placement of trash and recycling containers in the City. She advised of the unsightly appearance of a trash receptacle and storage unit in her neighborhood and stated that she had been before the Council on two occasions about this CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 27 of 28 issue, to no avail. She requested that the City amend the current ordinance to make it more restrictive on the placement of trash and recycling containers where they could not be seen from the street. Mayor Pro tem Hicks requested staff clarify provisions of the ordinance as soon as possible. Council Member Scarth stated that it would be very difficult to create an ordinance that would shield a trash cart from every neighbor's view and stated that he lived in a cul de sac and could see three trash receptacles from his property. He stated that the Council would continue to look at the ordinance to see if there was anything that could be done to make the ordinance more specific. Ms. Lee requested that the statement in the ordinance that reflected that the City was only concerned about the appearance in front of the service providers home be remove and that the trash receptacle not be visible from street be added. Mayor Pro tem Hicks stated that the City would continue to look at the ordinance. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 1:25 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. Charles Martinez, Cause No. B30403-99; b) City of Fort Worth v. 6000 Boca Raton Boulevard., et al., Case No. 2007-055378-3; c) Legal issues concerning apartment complex Monterrey Manor, a.k.a. Vickery Grove, located at 7100 West Vickery Boulevard; d) Legal issues concerning evictions from City-owned property; e) Legal issues concerning the Employees' Retirement Fund; f) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2007 PAGE 28 of 28 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 2:10 p.m. Agenda Item There being no further business, the meeting was adjourned at 2:10 p.m. in XVIII memory of Bradley Jameson. Adjournment These minutes approved by the Fort Worth City Council on the 25th day of September, 2007. Attest: Approved: Vl Marty Hencirrix, Michael oncrief City Secretary Mayor