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HomeMy WebLinkAbout2007/12/11-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 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 7:00 p.m. on Tuesday, December 11, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Hicks temporarily absent and Council Member Silcox absent. Agenda Item II The invocation was given by Reverend J. Fred Barber, Trinity Episcopal Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Mayor Pro tem Hicks assumed her place at the dais.) Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Espino, the minutes of the regular meeting of December 4, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item V Mayor Moncrief presented former Mayor Pro tem Ralph McCloud with a Special Certificate of Recognition for his many contributions to the City of Fort Worth Presentations and as the Chair of the Mayor's Advisory Commission on Homelessness. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 2 of 25 Mr. McCloud expressed appreciation for the recognition and stated that it was an honor to serve the City as Mayor Pro tem, Chair of the Mayor's Advisory Commission on Homelessness, and also his work with the Catholic Diocese. Each Council Member expressed their appreciation to Mr. McCloud and extolled the tremendous impact his service had in the City of Fort Worth. They wished him well in his new position as Director of the U.S. Conference of Catholic Bishop's Campaign for Human Development in Washington, D.C. Agenda Item VI Council Member Espino announced that there would be a meeting of the I-35 Announcements Coalition on December 12, 2007, at 10:00 a.m. at the Raddison Hotel, located at 2540 Meacham Boulevard and also on a more personal note he expressed appreciation to his wife, Elizabeth, and his Council Aide Belinda Norris for his 40th Birthday party celebration. He also thanked Mayor Pro tem Hicks, and Council Members Frank Moss, Wendy Davis, and Chuck Silcox for their attendance. He thanked his children for their understanding that he was away from them working for the City and the constituents. He also expressed appreciation for all of the Northside residents and constituents coming out for this party. Council Member Moss expressed appreciation to the residents of District 5 who came out to voice their concerns and issues at the Town Hall meeting on December 8, 2007. He also thanked Mr. Walt Dansby at Dunbar High School for letting them hold the meeting at the school. He thanked his Council Aide Michelle Reynolds, her mother, and sister for manning the registration table. He further stated that he appreciated Mayor Pro tem Hicks, and Assistant City Managers Joe Paniagua and Dale Fisseler for their attendance. He expressed appreciation to Congressman Michael Burgess, State Representative Mark Veasey, Tarrant County Commissioner Roy Brooks, School Board Member Christine Moss, and Chester Luckett for their attendance. He also announced that a citizen public input meeting would be held on the 2008 Bond Program for Streets on Monday, December 17, 2007, at Handley Meadowbrook Community Center, 6201 Beaty Street at 7:00 p.m. Council Member Jordan stated that this past Saturday he was driving down Granbury Road and witnessed something was very odd — there were no "bandit signs". He added that the litter was gone and that the citizens of District 6 were very pleased and hoped that it would stay that way. He expressed appreciation to his colleagues, City staff, and recognized Ms. Dana Burghdoff, Planning and Development Department Deputy Director and Mr. Carl Smart, Code Compliance Department Director and all individuals who participated in the adoption of the sign ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 3 of 25 Council Member Burdette stated that "If you don't have a Lake Worth button, you better get one." Mayor Pro tem Hicks expressed appreciation for everyone who came out for the dedication of Riverside Trailhead this past Saturday. She stated that this was a collaborative effort with Streams and Valley, Tarrant County, City of Fort Worth, Parks and Community Services Department, a number of residents from the Riverside Community and also Congresswoman Kay Granger. She stated that this was truly a unique artwork as a local artist, Latisha Huckabee, was commissioned to do a series of images that reflected the culture and history and hopefully a positive future of the Riverside Neighborhood. She further stated that she was looking forward to working with Council Member Scarth and others to make that portion of the river as wonderful as other parts of the City. Council Member Scarth announced that there would be a District 4 North Town Hall meeting at Boswell Hill Middle School on January 17, 2008, and urged citizens to come out and participate. Mayor Moncrief announced that the City would be conducting a weekly five- second audible testing of the sirens within the City at 1:00 p.m., with weather permitting on tomorrow. He explained that the City would continue to run the 90-second test on the first Wednesday, but that the five-second test would basically test the battery in the system. Citizen Mayor Moncrief stated that he would utilize Executive Privilege and hear the Presentations— Citizen Presentations reflected on the agenda relative to Lake Worth at this time. Lake Worth The following individuals appeared before Council relative to Lake Worth and provided comments relative to the City fully developing the park areas around the lake into world class urban parks for all residents to use; referred to White Rock Lake in Dallas and the quality of life it offered residents and that Lake Worth would provide more and better amenities and increased recreational activities; the lake would enhance quality of life by increasing public access to recreational green space; addressed the $26 million bond program to improve City parks; that a portion of the revenues from the Barnett Shale would be used to restore the lake and create a legacy for all Fort Worth residents; and addressed the value of the potential tax revenue received by the increase in property values at the lake resulting from the improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 4 of 25 Charlie Geren State Representative Charlie Geren 501 Eastwood Michael Dallas Mr. Michael Dallas 8437 Island View Drive Evelyn Muelder Ms. Evelyn Muelder 6909 Windswept Circle Gale Cupp (Submitted copies of 2,068 signatures of a petition from August 20, 2007, Kevin Prigel to clean and dredge Lake Worth.) Ms. Gale Cupp 9225 Heron Drive Mr. Kevin Prigel 2512 College Avenue Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, appeared before Council also relative to Lake Worth. He recognized all members of the Alliance present and stated that residents of the lake considered themselves to be stewards of the lake. He also expressed appreciation to the Council for their work on this issue, in particular Council Member Burdette. He added special recognition to Paul Bounds, Regulatory/Environmental Coordinator from the Water Department, for going above and beyond customary efforts to work with residents of Lake Worth. Gary Abshire Mr. Gary Abshire, 1400 Sandpiper Court South, advised that Lake Worth was a growing community with new homes that required water. He advised that the conduit of the lake needed to be dug deeper as a method to collect more water for the residents and the City. Council Member Burdette stated that the City had donated $100,000.00 from the General Fund for the initial process of cleaning and dredging the lake. He added that now revenues from the Barnett Shale would provide funding for improvements to the lake and that those improvements would eventually lead to a profitable return of investment back to the City. He expressed appreciation to Mr. Waller, Ms. Cupp and the residents of Lake Worth for all their work. Mayor Moncrief commended Lake Worth residents for making this issue a very public process which in turn developed into a quality of life issue for all City of Fort Worth residents. He stated that it was a priority for the City as the lake was a water resource for the City. He emphasized that the Lake Worth Alliance's message had been delivered and received. Recessed/ Mayor Moncrief recessed the meeting at 7:53 p.m. and reconvened at 7:57 p.m. Reconvened with Council Member Espino temporarily absent and Council Member Silcox absent. Agenda Item VII Council Member Moss requested that Mayor and Council Communication Nos. Withdrawn from C-22575 and C-22576 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 5 of 25 (Council Member Espino assumed his place at the dais.) Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Jordan, seconded by Council Member Consent Agenda Moss, the Council voted eight (8) ayes to zero (0) nays, with Council Member Silcox absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1637 M&C OCS-1637 - 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. L-14429 M&C L-14429 - Authorizing the City Attorney to institute condemnation Condemn Property proceedings to acquire the interest in the properties described below on the west for Noise side of Fort Worth Meacham International Airport for the Noise Mitigation Mitigation Program (DOE 5101). Program Owner Address Legal Description Hill Specialty 3505 Chestnut Ave. Lot 13, Block 5, Airport Acres Investments Addition Alfredo Salas and 3402 Columbus Ave. Lot 19, Block 4,Worth Hills Helen Jamison Addition L-14430 M&C L-14430 - Authorizing the execution of an Amended Underground Amend Pipeline Easement Agreement with Texas Midstream Gas Services, L.L.C., for a Underground natural gas pipeline across City-owned property known as the Brennan Avenue Pipeline Easement Service Center. Agreement for Natural Gas Pipeline Across City-Owned Property L-14431 M&C L-14431 - Authorizing the City Manager to execute three General Convey Property Warranty Deeds conveying the property described below to CentrePort Venture, and Accept and Inc.; and authorizing the acceptance, filing and recording by the City, Avigation Record Permanent Easements and Releases from CentrePort Venture, Inc., covering each property Avigation conveyed in favor of cities of Dallas and Fort Worth and the Dallas/Fort Worth Easements and Airport Board. Releases CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 6 of 25 1. A 43.60-acre tract of land in the Vincent J. Hutton Survey, A-681, City of Fort Worth, Tarrant County, Texas; 2. A 21.10-acre tract of land in the Vincent J. Hutton Survey, A-681, City of Fort Worth, Tarrant County, Texas; and 3. A 13.27-acre tract of land in the Payton R. Splane Survey, A-1454, and the Lorenza D. Burnett Survey, A-177, City of Fort Worth, Tarrant County, Texas. L-14432 M&C L-14432 - Authorizing the execution of Underground Pipeline Easement Execute Agreements with Texas Midstream Gas Services, L.L.C., for two natural gas Underground pipelines across City-owned property located at 6250 Old Hemphill Road in the Pipeline Easement J. Asbury Survey, A-47, Southside Twin Addition, Lot 113, Block 1, in the Agreements for amount of $28,096.69 for a term of 20 years; and accepting payment of Natural Gas $393,800.00 from Texas Midstream Gas Services, L.L.C., as compensation for Pipelines Across City-Owned required site plan and site preparation changes to the Environmental Property Management Drop-off Station Facility planned for this property to accommodate the pipeline easements. L-14433 M&C L-14433 - Authorizing the execution of an Underground Pipeline Execute Easement Agreement with Texas Midstream Gas Services, L.L.C., for a natural Underground gas pipeline across City-owned property known as Spinks Airport. Pipeline Easement Agreement for Natural Gas Pipeline Across City-Owned Property C-22565 M&C C-22565 - Authorizing the City Manager to execute a contract with the The Franklin Washington, D.C., firm, The Franklin Partnership, L.L.C., for personal services Partnership involving consultation and representation before the Congress of the United States, United States Federal agencies, and the White House Administration. C-22566 M&C C-22566 - Authorizing the City Manager to execute a professional ETC Institute services contract with the ETC Institute for the design, administration, execution, and analysis of a survey of Fort Worth citizens' attitudes, opinions, and preferences regarding the quality, desired quantity and priority of the City services, at a cost not to exceed $46,040.00. C-22567 M&C C-22567 - Authorizing the City Manager to enter into a Unified Sign Alliance Town Agreement with Alliance Town Center I, L.P., for the Alliance Town Center Center I, L.P. development to be located at 3100 Heritage Trace Parkway (southeast corner of Interstate-35 West and Heritage Trace Parkway). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 7 of 25 C-22568 M&C C-22568 - Authorizing the City Manager to execute Amendment No. 3 to Amendment No. 3 City Secretary Contract No. 35800 between the City and the Area Metropolitan to CSC No. 35880- Ambulance Authority, d/b/a MedStar, that allows Fire Department personnel 30 Area Metropolitan additional days to volunteer to work for MedStar on a temporary basis to assist Ambulance MedStar in responding to emergencies requiring medical personnel; provides for Authority, d/b/a reimbursement of expenditures incurred by the City; assigns responsibility for Medstar civil liability that arises from the furnishing or obtaining of services under the contracts to MedStar; authorizes the contract to renew automatically for 30-day periods; requires the City Manager to keep the Council informed; and grants the City Manager the authority to terminate the contract, if appropriate. C-22569 M&C C-22569 - Authorizing the City Manager to execute an engineering Teague Nall and agreement with Teague Nall and Perkins, Inc., in the amount of $1,049,946.00 Perkins, Inc. for pavement reconstruction and water and sanitary sewer main replacements on portions of Ash Crescent Street (East Maddox Avenue - East Arlington Avenue), Avenue G (South Ayers Avenue - Wallace Street), Ben Avenue (View Street - East Lancaster Avenue), Boston Avenue (Meadowbrook Drive - East Lancaster Avenue), Campbell Street (East Vickery Boulevard - East Rosedale Street), Chelsea Road (Meadowbrook Drive - Dead End), Chicago Avenue (Meadowbrook Drive - East Lancaster Avenue), Clairemont Avenue (Meadowbrook Drive - East Lancaster Avenue), Fitzhugh Avenue (Thrall Street - Vaughn Boulevard), Irma Street (Argyle Street - South Riverside Drive), Jamaica Lane (Canyon Ridge Drive - Hampshire Boulevard), Junius Street (Martha Lane - Meadowbrook Drive), Lewis Avenue (Meadowbrook Drive - East Lancaster Avenue), Lynnhaven Road (Barnett Street - Normandy Road), Montague Street (Wichita Street - Erath Street), Morningside Drive (Evans Avenue - Beverly Avenue), Norma Street (North Edgewood Terrace - Queen Street), Panola Avenue (South Collard Street - Jamaica Lane), Sargent Street (Avenue C - East Rosedale Street), and Strong Avenue (Binkley Street - Vaughn Boulevard) (Project No. 00923). C-22570 M&C C-22570 - Authorizing the City Manager to execute a contract with JLB JLB Contracting, Contracting, LP, in the amount of $217,991.29 for paving and drainage LP improvements on Academy Boulevard North from Long Rifle Drive to Blue Bell Drive. C-22571 M&C C-22571 - Authorizing the City Manager to execute an engineering Ord. No. 17909-12- agreement with DeOtte, Inc., in the amount of$198,220.00 for Butler-McClure 2007 Culvert improvements; authorizing the transfer of $235,583.00 from the Storm Ord. No. 17910-12- Water Operating Fund to the Storm Water Capital Projects Fund and the transfer 2007 of $10,727.00 from the Water and Sewer Operating Fund to the Water Capital DeOtte, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 8 of 25 Projects Fund in the amount of$5,091.00 and Sewer Capital Projects Fund in the amount of $5,636.00; adopting Appropriation Ordinance No. 17909-12-2007 increasing estimated receipts and appropriations in the Storm Water Capital Projects Fund in the amount of $235,583.00 from available funds, for the purpose of transferring said funds to the Water Capital Projects Fund and the Sewer Capital Projects Fund; and adopting Appropriation Ordinance No. 17910- 12-2007 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$5,091.00 and the Sewer Capital Projects Fund in the amount of $5,636.00 from available funds, for the purpose of executing an engineering agreement with DeOtte, Inc., for Butler-McClure Culvert improvements (City Project No. 00475). C-22572 M&C C-22572 - Authorizing Change Order No. 4 to City Secretary Contract Change Order No. No. 33337 with Stabile & Winn, Inc., in the amount of$45,646.45, revising the 4 to CSC No. 33337 total cost to $2,001,605.95, for pavement reconstruction and water and sanitary - Stabile &Winn, sewer replacements on portions of 011ie Street, Bundy Street, Pioneer Street and Inc. Lucinda Lane (Project No. 00026). C-22573 M&C C-22573 - Authorizing the City Manager to execute a contract with Ord. No. 17911-12- Stabile & Winn, Inc., in the amount of$892,437.30 for pavement reconstruction 2007 and water and sanitary sewer main replacement on Sargent Street (East Stabile &Winn, Lancaster Avenue to Hawlet Street) and Upton Avenue (Panola Avenue to Inc. Hampshire Boulevard); authorizing the transfer of funds in the amount of $273,228.16 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$254,209.16 and Sewer Capital Projects Fund in the amount of$19,019.00; and adopting Appropriation Ordinance No. 17911-12- 2007 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$254,209.16 and the Sewer Capital Projects Fund in the amount of$19,019.00 from available funds, for the purpose of executing a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer main and replacement on portions of Sargent Street and Upton Avenue (City Project No. 00296). C-22574 M&C C-22574 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 35463 with Conatser Construction Texas, LP, for 1 to CSC No. 35463 Southside II Water Transmission Main, Part 3 from the Oak Grove Road/Oak- - Conatser Shelby Road intersection to north of the Everman Parkway/Oak Grove Road Construction intersection (City Project No. 00303). Texas, LP C-22577 M&C C-22577 - Rejecting bids received for improvements at the Fort Worth Fort Worth Nature Nature Center and Refuge. Center CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 9 of 25 The motion carried. End of Consent Agenda. Agenda Item X Mayor Moncrief advised that he had appointed Mr. Brooks Harrington as Chair Presentations by of the Mayor's Advisory Commission on Homelessness. City Council— Appointments Council Member Jordan made a motion, seconded by Council Member Espino, that Ryan A. Hairston be appointed to the Youth Advisory Board effective December 11, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C.P. 274 City Secretary Hendrix advised that Council Proposal No. "273" needed to be Waive Fee for corrected to Council Proposal No." 274". Street Closure on Portions of East There was presented Council Proposal No. 274 proposing that the City Council Broadway Avenue authorize a waiver of the right-of-way closure application fees, in the amount of and Loney Street $676.00 for a portion of East Broadway Avenue between Exeter Street and Loney Street and a portion of Loney Street between East Broadway Avenue and Stella Street in the Glenwood Addition. Mayor Pro tem Hicks referred to the Council Rules of Procedure that provided for Council Proposals to be considered at one meeting with Council action taking place the following Council meeting, and made a motion, seconded by Council Member Espino, that Council suspend the rules and approve Council Proposal No. 274. 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 XIII There was presented a resolution on December 4, 2007, approving the issuance Res. No. 3562-12- and sale of Dallas-Fort Worth (D/FW) International Airport Facility 2007 Improvement Corporation Rental Car Facility Charge Revenue Refunding Issue and Sale Bonds, Taxable Series 2008A and 2008B, if specified parameters are met; D/FW approving documents related thereto; and related matters. International Airport Facility Council Member Jordan advised that he had filed a Conflict of Interest Affidavit Improvement with the City Secretary's Office and would be abstaining from voting on this Corporation issue. Rental Car Facility Charge Revenue Council Member Davis made a motion, seconded by Council Member Espino, Refunding Bonds, that Resolution No. 3562-12-2007 be adopted. The motion carried unanimously Taxable Series seven (7) ayes to zero (0) nays, with Council Member Silcox absent and with 2008A and 2008B one abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 10 of 25 Res. No. 3563-12- There was presented a resolution approving Articles of Amendment to the 2007 Articles of Incorporation of the Dallas-Fort Worth (D/FW) International Airport Approve Articles Facility Improvement Corporation; and authorizing other matters relating of Amendment to thereto. Articles of Incorporation of Council Member Davis made a motion, seconded by Council Member Jordan, D/FW that Resolution No. 3563-12-2007 be adopted. The motion carried unanimously International eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Airport Facility Improvement Corporation Res. No. 3564-12- There was presented a resolution re-appointing the following members to serve 2007 on the Mayor's Advisory Commission on Homelessness effective Re-Appoint December 11, 2007, and with terms expiring September 30, 2009: Members to Mayor's Advisory PLACE NAME Commission on 3 Larry Eason Homelessness 5 Suzy Thompson 7 Flora Brewer 9 Tim Carter 11 Andy Taft 13 Roy Brooks 15 Ernest Johnson 17 Barbara Holston 19 Yolanda Thompson Council Member Davis made a motion, seconded by Council Member Espino, that Resolution No. 3564-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15992 There was presented Mayor and Council Communication No. G-15992 from the Ord. No. 17912-12- City Manager recommending that the City Council amend M&C G-15244 to 2007 accept $199,470.00 from Texas Christian University as in-kind contribution and Accept In-Kind monetary funds; authorize the execution of a developer agreement with Texas and Monetary Christian University; authorize the transfer of$377,009.00 from the 2004 New Donation for West Development Fund to the Grants Fund to cover the anticipated cost of Berry Street- Berry streetscape improvements in the Berry/University intersection; and adopt an Sustainable appropriation ordinance increasing estimated receipts and appropriations in the Development Grants Fund in the amount of$377,009.00 from available funds for the purpose Project of funding the anticipated cost over-runs for the West Berry Street Grand Marc project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 11 of 25 Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15992 be approved with appreciation to Texas Christian University and Appropriation Ordinance No. 17912-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15993 There was presented Mayor and Council Communication No. G-15993 from the Ord. No. 17913-12- City Manager recommending that the City Council consider and adopt the 2007 findings and opinions of the City staff as presented herein; find that the public Grant Operating necessity and convenience require the operation of one limousine upon the city Authority to Hot streets, alleys, and thoroughfares; and adopt an ordinance granting the privilege Wheels Limousine of operating authority to Hot Wheels Limousine and Sedans, for the use of the and Sedans to streets, alleys and public thoroughfares of the City in the conduct of its Operate Upon City Streets,Alleys and limousine business which shall consist of the operation of one (1) limousine for a Public three (3) year period beginning on the effective date; specifying the terms and Thoroughfares conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for a penalty; providing for written acceptance by Hot Wheels Limousine and Sedans complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15993 be approved and Ordinance No. 17913-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15994 consider a waiver for a high impact pad site permit requested by Chesapeake Waive High Operating, Inc., for the Rock Creek Lease Pad H, located between Old Granbury Impact Pad Site Road and Stewart Feltz Road. Mayor Moncrief opened the public hearing and Permit for Rock asked if there was anyone present desiring to be heard. Creek Lease Pad H — Continued Until Ms. Susan Alanis, Planning and Development Department Deputy Director, December 18, 2007 appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15994, as follows: There was presented Mayor and Council Communication No. G-15994 from the City Manager recommending that the City Council consider a waiver for a high impact pad site permit with urban wells as requested by Chesapeake Operating, Inc., to allow drilling of the Rock Creek gas wells on Pad H, located in the J.J. Alibirado Survey, Abstract No. 4, in the southern portion of Fort Worth located between Old Granbury Road and Stewart Feltz Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 12 of 25 Council Member Jordan inquired if the house near this property was part of a development or a single family home and asked about the zoning classification. Ms. Alanis stated that the residence was a single family home and not a part of the residential development and that the zoning was residential. Council Member Jordan inquired if the gas company had been in contact with the owner of the residence to obtain a waiver and if the owner owned the mineral rights on the property. Tom Bettis Mr. Tom Bettis, 301 Commerce Street, Suite 600, representing Chesapeake Operating, Inc., appeared before Council in support of the waiver for the high impact pad site permit. He advised that Chesapeake had been in contact with the owner of the house, but that the owner had not signed a waiver as the well would be located too close to the owner's property. He added that the owner did not own the mineral rights on the property. There being no one present in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15994 be continued until the December 18, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Council Member Davis requested that staff provide information to the Council by the next Council meeting relative to where houses could be built in proximity to the well. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15995 approve mid-year amendments to the FY 2007-2008 Crime Control and Ord. No. 17914-12- Prevention District Budget for funding tasers, Crime Lab/Property Room 2007 Design, Graffiti Abatement Program, recruit officer training and equipment, and Approve Mid-Year police vehicles. Mayor Moncrief opened the public hearing and asked if there Amendments to FY was anyone present desiring to be heard. 2007-2008 CCPD Budget for Ms. Kara Shuror, Assistant Director, Police Department, appeared before Funding Tasers, Crime Council, gave a staff report and called attention to Mayor and Council Lab/Property Communication No. G-15995, as follows: Room Design, Graffit Abatement There was presented Mayor and Council Communication No. G-15995 from the Program, Recruit City Manager recommending that the City Council conduct a public hearing to Officer Training receive public comments on a mid-year amendment of$4,862,848.00 to the FY and Equipment 2007-2008 Crime Control and Prevention District (CCPD) budget to fund and Police Vehicles various programs; close the public hearing and approve a mid-year amendment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 13 of 25 of $4,862,848.00 to the FY 2007-2008 Crime Control and Prevention District (CCPD) budget to fund various programs; and adopt a supplemental appropriation ordinance increasing appropriations in the Crime Control and Prevention District Fund in the amount of $4,862,848.00 and decreasing the reserved, undesignated fund balance by the same amount for the purpose of funding for additional tasers, Crime Lab/Property Room design, graffiti abatement, recruit training and equipment, and vehicles for the Police Department. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15995 be approved and Supplemental Appropriation Ordinance No. 17914-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council, at its meeting of November 27, 2007, L-14426 continued the public hearing to authorize conversion of 0.252 acres of Trinity Convert Parkland Park for a pipeline easement to transport natural gas and authorize execution of a for Pipeline License Agreement with Texas Midstream Gas Services (TMGS). Mayor Easement to Moncrief opened the public hearing and asked if there was anyone present Transport Natural desiring to be heard. Gas— Continued Until Council Member Davis advised that the City had received a letter from Mr. December 18, 2007 Richard Ruddell, Executive Director of The "T", expressing concern with Chesapeake's unwillingness to provide The "T" with some assurance with regard to The "T's" desire to place stations along the commuter rail corridor. She added that The "T" had also requested that the City hold up any agreement with TMGS on the easement until their issues were resolved and a letter from Chesapeake was received advising The "T" that stations, platforms and walkways could be placed over the gas pipeline. She pointed out that fine- tuning the language on the M&C and assuring the Council had the opportunity to review the contract before the adoption of the M&C was necessary to assure the community that placement of the pipeline would not create future detriment to Trinity Park. Mr. Harold Pitchford, Parks and Community Services Department Assistant Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14426, as follows: There was presented Mayor and Council Communication No. L-14426, dated November 27, 2007, 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; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 14 of 25 find that no feasible or prudent alternative exist for the location of the proposed gas pipeline for Trinity Park; find that the proposed gas pipeline includes all reasonable planning to minimize harm to the park land, including that the pipeline will cross under the Trinity River from a bore hole located east of Forest Park Boulevard, there will be no compressor stations associated with this pipeline within 600 feet of Trinity Park unless it is east of Forest Park Boulevard and there will be no pipeline surface excavation from in the park for any purpose except for: (i) an event of imminent public danger; or (ii) as required by prudent operating practices as governed by State and Federal guidelines or regulations; or (iii) the license agreement for the easement is amended by the City Council; close the public hearing and authorize the City Manager to convert approximately 0.252 acres of dedicated parkland for a pipeline easement to bore a 24-inch gas pipeline in Trinity Park, being a portion of land in Tract No. 1, a portion of the George Shields Survey and Block No. 42 of the Edwards Hein's Addition, Tarrant County, Texas; authorize the execution of a License Agreement with Texas Midstream Gas Services for improvements at a value equal to or greater than the assessed $24,113.69 License Agreement fee; and authorize the acceptance of License Agreement fee in the amount of$24,113.69 in-lieu-of park improvements. Linda Hanratty Ms. Linda Hanratty, 4236 Oak Park Court, representing the League of Women Voters, appeared before Council in opposition of the pipeline through Trinity Park. She stated that the League supported preservation of park land and regulations to mitigate environmental and safety risks created by urban gas production. She expressed concern that the M&C did not contain wording that protected any of the irreplaceable trees in Trinity Park and that the unspecified improvements reflected in paragraph 5 of the M&C had the potential to trigger reverter provisions in one or more of the land deeds in the park. She concluded by stating the City needed to take action to ensure the proposed pipeline did not jeopardize Trinity Park. Josie Martinez Ms. Josie Martinez, 1067 W. Magnolia, representing State Representative Lon Burnham, appeared before Council also in opposition of the pipeline through Trinity Park. She read a letter from Representative Burnham, dated December 11, 2007, that expressed his concern at the potential of turning part of Trinity Park into private land which would make the land available for private development that could return the land title to the heirs of the original donors. The letter referred to a similar instance for the former Central Library on Throckmorton and cited changes made to the City's Master Thoroughfare Plan that provided a huge monetary benefit to the South of 7th developer. The letter referred to a portion of the M&C that was too vague and potentially dangerous CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 15 of 25 and it cautioned the Council to not license a private corporation to make unspecified improvements to unspecified portions of the park without consideration by the Parks and Community Services Advisory Board and without specific approval of the Council. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in opposition of the pipeline in Trinity Park. He expressed appreciation to the Council for their vote to save the park in January 2007 and commended Council Member Davis for her efforts to protect the park. He stated that the M&C as written provided a private corporation with too much opportunity to develop in Trinity Park without too much regulation. He recommended that the Council delete paragraph 5 of the M&C. Council Member Burdette stated that making land available to private corporations not only served the pipeline companies; it also served the citizens who owned mineral rights on the property. He added that placing the pipeline along the right-of-way instead of through the neighborhood made a lot of sense; however, he was unclear about the proposal to complete the pipeline along the right-of-way from the drilling end of point towards the north. He pointed out that he also had concern about the contract addressing other facilities that the pipeline company might want to construct as the contract was not specific if the surface facilities would be located inside or outside the park. He advised that he was in favor of continuing this M&C for one week for various points to be clarified by the gas company. Council Member Davis stated that no one wanted to prevent the pipeline; however, there was concern with the continuation of the commuter rail plans in the right-of-way where the pipeline would be placed as well as if proper protections were put in place for Trinity Park in the M&C and contract. She referred to paragraph 2 of the M&C which reflected "...(ii)...prudent operating practices as governed by State and Federal guidelines or regulations..." and stated this needed to be replaced with a statement reflecting that "...there would be no pipeline surface excavation except as required by State and Federal guidelines or regulations." She also expressed concern about what the City would be legally transferring in terms of right to TMGS and stated that City Attorney Yett would review those provisions. She added that she was having a meeting with The "T" and TMGS services tomorrow and stated that staff would address the language of the M&C and provide a copy of the contract to the Council for their review prior to the agenda being published on December 13, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 16 of 25 There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. L-14426 be continued until the December 18, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14434 authorize conversion of parkland at Eagle Mountain Ranch Park for the purpose Convert Parkland of subsurface drilling and the extraction of natural gas from an offsite location. for Subsurface Mayor Moncrief opened the public hearing and asked if there was anyone Drilling and present desiring to be heard. Extraction of Natural Gas Mr. Harold Pitchford, Parks and Community Services Department Assistant Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14434, as follows: There was presented Mayor and Council Communication No. L-14434 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 the extraction of natural gas from land situated in Eagle Mountain Ranch Park, located in Lot 46, Block G, The Ranch at Eagle Mountain Two, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L-14434 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14435 authorize conversion of approximately 3.415 acres of Rockwood Park and Convert Parkland Rockwood Golf Course for a pipeline easement to transport natural gas and for Pipeline authorize execution of a license agreement with Texas Midstream Gas Services. Easement to Mayor Moncrief opened the public hearing and asked if there was anyone Transport Natural present desiring to be heard. Gas CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 17 of 25 Mr. Harold Pitchford, Parks and Community Services Department Assistant Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14435, as follows: There was presented Mayor and Council Communication No. L-14435 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exist for the location of the proposed gas pipeline for Rockwood Park and Rockwood Golf Course; find that the proposed gas pipeline includes all reasonable planning to minimize harm to the parkland, and including that the pipeline will cross under the Rockwood Park and Rockwood Golf Course; close the public hearing and authorize the City Manager to convert approximately 3.415 acres of dedicated parkland for a pipeline easement for a 24-inch gas pipeline in Rockwood Park and Rockwood Golf Course, being a portion of land in the R.O. Reeves Survey, Abstract No. 1293; the J.P. Thomas Survey, Abstract No. 1525 and Abstract No. 355; the J. Childress Survey, Abstract No. 252; the R.O. Reeves Survey, Abstract No. 1293; the J.P. Conner Survey, Abstract No. 355; the J.P. Conner Survey, Abstract No. 1525; and the P. Schoonover Survey, Abstract No. 1293, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14435 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. PZ-2764 There was presented Mayor and Council Communication No. PZ-2764, dated Ord. No. 17915-12- November 27, 2007, from the City Manager recommending that the City Council 2007 adopt an ordinance vacating and extinguishing a portion of an alley, consisting Alley Vacation of 7,500 square feet of land from the south right-of-way line of Northeast 37th (VA-07-015) Street to the northern property lines of Lots 11 and 14, Block 23, Fostepco Heights Addition, an addition in the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2764 be approved and Ordinance No. 17915-12-2007 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 DECEMBER 11, 2007 PAGE 18 of 25 PZ-2766 There was presented Mayor and Council Communication No. PZ-2766 from the Ord. No. 17916-12- City Manager recommending that the City Council consider the adoption of an 2007 ordinance declaring certain findings; providing for the extension of certain City Initiated boundary limits of the City of Fort Worth; providing for the annexation of an Annexation approximately 7.9 acre tract of land situated in the J.H. Conwill Survey, Abstract (AX-07-004,6900 No. 342, situated about 9 miles north 38 degrees west of the courthouse, Tarrant Block of Boat Club Road) County, Texas, located south of W.J. Boaz Road and east of Boat Club Road (Case No. AX-07-004), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2766 be approved and Ordinance No. 17916-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22521 There was presented Mayor and Council Communication No. C-22521, dated Barnett Gathering, November 27, 2007, from the City Manager recommending that the City Council LP authorize the City Manager to execute a Public Right-of-Way Use Agreement with Barnett Gathering, LP, that grants Barnett Gathering a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Oak Grove Road. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22521 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22522 There was presented Mayor and Council Communication No. C-22522, dated Texas Midstream November 27, 2007, from the City Manager recommending that the City Council Gas Services, LLC authorize the City Manager to execute a Public Right-of-Way Use Agreement with Texas Midstream Gas Services, LLC, that grants Texas Midstream Gas Services a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Seminary Drive. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 19 of 25 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22522 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Mayor Pro tem Hicks reiterated her request to City staff that issues of this nature not be placed on the Consent Agenda when the potential agreement pertained to District 8. C-22523 There was presented Mayor and Council Communication No. C-22523, dated Texas Midstream November 27, 2007, from the City Manager recommending that the City Council Gas Services, LLC authorize the City Manager to execute a Public Right-of-Way Use Agreement with Texas Midstream Gas Services, LLC, that grants Texas Midstream Gas Services a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across C.A. Roberson Boulevard and Seminary Drive. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22523 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22575 There was presented Mayor and Council Communication No. C-22575 from the Ord. No. 17917-12- City Manager recommending that the City Council authorize the City Manager 2007 to accept a grant and execute a contract with the Texas Department of Housing Texas Department and Community Affairs in an amount not to exceed $2,500,000.00 for the Fiscal of Housing and Year 2008 Comprehensive Energy Assistance Program; authorize a non-interest Community bearing interfund loan from the General Fund to the Grants Fund in the amount Affairs of $320,000.00 for interim financing of this grant project, pending contract execution; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,500,000.00 from available funds for the purpose of executing a contract with the Texas Department of Housing and Community Affairs for the Fiscal Year 2008 Comprehensive Energy Assistance Program; and apply indirect costs at the rate of 19.18 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. Council Member Moss stated that this program was very significant for the community as it was a comprehensive energy assistance program that provided services to the elderly and low income families. He pointed out that from October 2006 to October 2007, the program served 5,648 unduplicated CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 20 of 25 individuals and 2,263 households which was a tremendous service to the community. He added that the program assisted with the installation or repair of heating and cooling systems and assisted in covering cost of utility bills. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22575 be approved and Appropriation Ordinance No. 17917-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22576 There was presented Mayor and Council Communication No. C-22576 from the Ord. No. 17918-12- City Manager recommending that the City Council authorize the City Manager 2007 to accept a grant and execute an extension of contract with the Texas Department Texas Department of Housing and Community Affairs in an amount not to exceed $1,500,000.00 of Housing and for the Fiscal Year 2008 Community Services Block Grant program; authorize a Community non-interest bearing interfund loan from the General Fund to the Grants Fund in Affairs the amount of $300,000.00 for interim financing of this grant project, pending contract execution; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,500,000.00 from available funds for the purpose of executing an extension of a contract with the Texas Department of Housing and Community Affairs for the Fiscal Year 2008 Community Services Block Grant program; and apply indirect costs at a rate of 19.18 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. Council Member Moss stated that this program served 24,467 unduplicated individuals and 6,510 households, of which 58 percent were children and 60 percent were single-family households. He added that the program also provided case management and services to elderly, low income and disadvantaged individuals in Fort Worth and Tarrant County. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22576 be approved and Appropriation Ordinance No. 17918-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22578 There was presented Mayor and Council Communication No. C-22578 from the Paul Brian Allen City Manager recommending that the City Council authorize the City Manager and Margo to enter into a five-year Tax Abatement Agreement with Paul Brian Allen and Harrison Allen Margo Harrison Allen for the property at 1325 South Lake Street in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 21 of 25 Magnolia Village Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives; and find that the statement set forth in the recitals of the Tax Abatement Agreement with Paul Brian Allen and Margo Harrison Allen are true and correct. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22578 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22579 There was presented Mayor and Council Communication No. C-22579 from the Christina L. Hardy City Manager recommending that the City Council authorize the City Manager to enter into a five-year Tax Abatement Agreement with Christina L. Hardy for the property at 1600 Lipscomb Street in the Magnolia Village Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Christina L. Hardy are true and correct. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22579 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22580 There was presented Mayor and Council Communication No. C-22580 from the H.A. Shaban City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with H.A. Shaban are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with H.A. Shaban for the property located at 5925 Donnelly Avenue in the Ridglea/Como Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22580 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22581 There was presented Mayor and Council Communication No. C-22581 from the Ord. No. 17919-12- City Manager recommending that the City Council authorize the City Manager 2007 to execute a contract with McClendon Construction Company, Inc., in the McClendon amount of $2,938,673.80 for pavement reconstruction and water and sanitary Construction sewer main replacement on Hatcher Street (Quail Lane to Hardeman Street), Company, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 22 of 25 Chickasaw Avenue (Shackleford Street to Miller Avenue), Jennifer Court (Eastland Street to Eastland Street), Louis Avenue (Sydney Street to East Dead End), Norris Street (Crouch Avenue to East Dead End), Sydney Street (East Berry Street to Reed Street) and Whitehall Street (Miller Avenue to Pate Drive) (DOE 5107); authorize the transfer of funds in the amount of $1,204,621.66 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $605,125.50 and Sewer Capital Projects Fund in the amount of $599,496.16; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $605,125.50 and the Sewer Capital Projects Fund in the amount of$599,496.16 from available funds, for the purpose of executing a contract with McClendon Construction Company, Inc., for pavement reconstruction and water and sanitary sewer main replacement on portions of Hatcher Street, Chickasaw Avenue, Jennifer Court, Louis Avenue, Sydney Street, Norris Street and Whitehall Street (City Project No. 00272). Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22581 be approved and Appropriation Ordinance No. 17919-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-196 It appeared that the City Council, at its meeting of December 4, 2007, continued SP-07-057 the hearing of the application of Beach-North Tarrant, Ltd., for a change in Approved zoning of property located at 8665 North Beach Street from "E" Neighborhood Commercial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus an automotive brake service facility, with site plan required, Zoning Docket No. ZC-07-196 and Site Plan No. SP-07-057. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in opposition of the denial and provided a summary of the zoning case. He assured the Council that the applicant would comply with the City's new sign ordinance. He advised that the City Zoning Commission thought the property located across the street from this property would be a better location for his client's building but that the property was not available as the owners intended to build an apartment complex on the property in January 2008. He pointed out that the applicant would install landscaping for over 5,000 feet on the property and requested the Council's favorable consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 23 of 25 Ms. Dana Burghdoff, Planning and Development Department Deputy Director, clarified that the future land use for the west side of North Beach Street was "E" Neighborhood Commercial and that the zoning classifications that corresponded to that zoning classification were "E" and "ER". Mr. Schell responded to Council Member Espino's inquiry about parking around the building by stating that 21 spaces would be available; however, one of the parking spaces would be eliminated to allow for additional landscaping. There being no one else present desiring to be heard in connection with the application of Beach-North Tarrant, Ltd., Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the Council overturn the City Zoning Commission's denial without prejudice and approve Zoning Docket No. ZC-07-196 and Site Plan No. SP-07-057. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. 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 November 16, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-205 There was presented Zoning Docket No. ZC-07-205, application of the City of Denied Without Fort Worth for a change in zoning of property located in the 6900 block of Boat Prejudice Club Road from unzoned to "A-5" One Family Residential. Council Member Burdette stated that the property owner had requested the City not rezone the property at this time and made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-205, be denied without prejudice. 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 Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11, 2007 PAGE 24 of 25 ORDINANCE NO. 17920-12-2007 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 XVI Ms. Diane Wood, 2308 Aster Avenue, appeared before Council and requested Citizen that the Council endorse the resolution asking for the impeachment of President Presentations George W. Bush and Vice President Dick Cheney. She submitted the resolution Diane Wood and petition for the record. The following individuals appeared before Council also in support of the resolution to impeach the President and Vice President: Michael Bono, Mr. Michael Bono 2908 Avenue G Grayson Harper Mr. Grayson Harper 3605 Bellaire Drive South Mr. John P. Shine, Sr., 7725 S. Linden, Darien, IL, appeared before Council relative to the proposed wet method to demolish a small structure as part of the Oak Hollow Apartments. He submitted the Report on the Workshop to Peer Review EPA's Draft Report: Comparison of the Alternative Asbestos Control Method and the NESHAP Method for Demolition of Asbestos-Contained Buildings. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 11,2007 PAGE 25 of 25 The following individuals also appeared before Council relative to the proposed wet method for the demolition of the Oak Hollow Apartments. They expressed concern with exposing citizens to airborne fibers released from asbestos. They advised of health problems from asbestos and asserted that the City could potentially be sued in the future as a result of health claims based on exposure to asbestos fibers. Mr. Joe Arabie 1106 Lavaca, Austin, TX Mr. Terry Lynch 8717 Baring Avenue, Munster, IN Mr. Mauro Carrasco 3310 Space Center, Pasadena, TX Mr. Ken Schneider 1023 Lamarque Street, Mandeville, TN Agenda Item There being no further business, the meeting was adjourned at 9:11 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 18`h day of December, 2007. Attest: Approved: Marty Hen d x Michael ncri F City Secretary Mayor