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HomeMy WebLinkAbout2007/12/18-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 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 10:21 a.m. on Tuesday, December 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 Manuel Henderson, Morning Chapel. Invocation 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 regular meeting of December 11, 2007, were Minutes approved unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Police Officer Michael Barber, Past-President of the Texas Police Association, Special representing the Board members of the Texas Police Association, introduced Presentations Rayford Stephens, 2008 President of the Texas Police Association. He presented a contribution of$10,000.00 to be used for the Fort Worth Police and Firefighters Memorial. Assistant City Manager Joe Paniagua accepted the contribution on behalf of the City. (Council Member Davis assumed her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 2 of 23 Mayor Moncrief requested Police Officer Jeffrey Bryan provide an update on the Cowboy Santa program. Officer Bryan stated that as of yesterday, a shortage of toys had been experienced; however, as a result of a Channel 11 interview Freeman Toyota donated $15,000.00 to the program. He advised that the toys were being processed for delivery at 801 Grove Street and encouraged everyone to volunteer. Several Council Members referred to Police Chief Ralph Mendoza's retirement announcement and commended him for his many contributions to the City over the past 35 years. They stated that Chief Mendoza cared about each Police Officer and each citizen of Fort Worth and that his leadership and spirit of cooperation would be missed. Chief Mendoza stated that there was a lot of work that needed to be continued after he retired. He added that the work had been accomplished by a team effort between the City, employees and the citizens of Fort Worth. Mr. Michael Cohen, representing the West Division's Code Blue program, presented Council Member Jordan with a framed picture of a September 7, 2007, neighborhood patrol event in recognition of his efforts with the Code Blue program. He stated that 62 Code Blue patrollers and 20 Police Officers participated in the event and expressed appreciation to Council Member Jordan for his support of the program. Agenda Item VI Council Member Silcox reminded everyone that the City would be testing Announcements sirens for the outdoor warning system. He stated that on the first Wednesday of each month at 1:00 p.m., a 90-second test was conducted of the system; however, the remaining Wednesdays of the month at 1:00 p.m., only a five- second test would be conducted to basically test the battery in the system. He also reiterated his announcements from previous meetings relative to the illegal practice of blowing grass clippings and leaves into the City streets. He stated that citizens could receive a fine for depositing leaves from their property onto the street whereby they could clog the drainage system and cause flooding in the area. He asked everyone to please bag their leaves or mulch them with a lawnmower. Mayor Pro tem Hicks expressed appreciation to the Code Compliance Department for working the last two weekends and pointed out they had identified over 800 violations, various illegal dumpsites and cleaned up illegal dumpsites in the near southeast area of the City. She also expressed appreciation to community prosecutors for their assistance with this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 3 of 23 Council Member Scarth announced that a District 4 North Town Hall meeting would be conducted on January 17, 2008, at 7:00 p.m. at the North Fossil Hill Middle School and encouraged everyone in District 4 to attend. Council Member Jordan announced that a District 6 Town Hall meeting would be conducted on February 4, 2008, from 7:00 p.m. to 9:00 p.m. at the North Crowley High School, to provide an update of various issues in District 6. He encouraged everyone interested to attend. He also announced that last weekend a new Drop Off Station opened at 6260 Old Hemphill Road and that the hours of operation were Monday through Friday, 9:00 a.m. to 7:00 p.m. and Saturday, from 9:00 a.m. to 5:00 p.m. He added that the new station would be the most widely used station in the City. He advised that the Infrastructure and Transportation Committee had put together an Aviation Museum Committee and appointed Mr. Van Romans as the committee's Chair. He also noted that today's meeting was the last Council meeting of the year and asked that the meeting be adjourned in honor of all City staff to include Police Officers and Firefighters. He extended season greetings to everyone. Council Member Davis stated that she participated in the Annual Toy Run last weekend whereby over 90,000 motorcycles from the Dallas and Fort Worth area raised $90,000.00. She added that the Run benefited Mental Health Mental Retardation Services and other charities. She acknowledged that this meeting would be her last full Council meeting and that during the January 8, 2008, Council meeting her successor would take office. She expressed appreciation to the City staff for their support and reminded everyone to go out and vote today for their District 9 representative. Mayor Moncrief pointed out that Los Angeles also had a similar toy run event the day previous to the City's and that only 25,000 motorcyclists participated. He added that Fort Worth had the largest Toy Run in the country. Council Member Scarth expressed appreciation to Mr. Michael Gange, Environmental Management Department Assistant Director, Ms. Susan Sweeton, Environmental Management Department Public Education Coordinator and Mr. Brian Boerner, Environmental Management Department Director, for assisting with the coordination of the asbestos control method used to demolish the Oak Hollow Apartments. He added that the demolition went very smoothly. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 4 of 23 Council Member Espino advised that on December 14, 2007, the Council and City staff were given a tour of the City's three airports, Spinks, Alliance and Meacham. He expressed appreciation to the City staff and to Kenneth Penney, the new Airport Systems Director for their efforts. He added that the airports were a tremendous resource to the City and pointed out that he looked forward to continued improvements at Meacham International Airport. He stated that the Christmas party for members of the Mayor's Task Force on Quality Affordable Accessible Housing and expressed appreciation to City Manager Boswell for bringing to light "The Other Fort Worth" which needed a helping hand but not a hand out. Council Member Silcox also advised that today was also the run-off election for State Representative for District 97 and encouraged everyone to go out and vote. Agenda Item VII There were no items removed from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15994 and the original L-14426 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Scarth, 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-1638 M&C OCS-1638 - 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-15996 M&C G-15996 - Authorizing an additional $201,500.00 for independent Pay Additional auditing services by Deloitte & Touche, LLP, for Fiscal Year 2006 Single Compensation for Audit and Comprehensive Annual Financial Report, making the total estimated FY 2006 Single cost for the Fiscal Year 2006 audit $986,500.00. Audit and Comprehensive Annual Financial Report CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 5 of 23 G-15997 M&C G-15997 - Authorizing the City Manager to execute an agreement with Increase Irrevocable JPMorganChase Bank to increase an existing irrevocable standby Letter of Standby Letter of Credit from $7,000,000.00 to $11,000,000.00 to comply with the financial Credit to Comply assurance requirement to the Texas Commission on Environmental Quality. with Financial Assurance Requirement G-15998 M&C G-15998 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits to Police Officer Billie C. Daniels. Leave-of-Absence Pay Benefits to Officer Billie C. Daniels G-15999 M&C G-15999 - Authorizing the City Manager to purchase an Excess Purchase Excess Workers' Compensation Insurance policy from Star Insurance Company Workers' through McGriff, Seibels & Williams of Texas, Inc. Compensation Insurance Policy P-10696 M&C P-10696 - Adopting Supplemental Appropriation Ordinance No. 17921- Ord. No. 17921-12- 12-2007 increasing appropriations in the Storm Water Utility Fund in the 2007 amount of$188,426.00 and decreasing the unreserved retained earnings by the Trucks and Water same amount, for the purpose of funding the purchase of two new trucks from Tank ATC Fort Worth Freightliner and Holt Cat and one new water tank from the Texas Department of Criminal Justice; and authorizing the purchase of new trucks from ATC Fort Worth Freightliner and Holt Cat using cooperative contracts and authorize the purchase of one new water tank from the Texas Department of Criminal Justice for the Transportation and Public Works Department. P-10697 M&C P-10697 - Authorizing a purchase agreement for temporary employment Temporary services for parking attendants and cashiers with PDQ Temporaries, Inc., for Employment the Public Events Department; and authorizing the City Manager to execute Services for Parking interlocal agreements allowing other local governments to participate in this bid Attendants and award in accordance with Local Government Code, Section 271.102, Cashiers "Cooperative Purchasing Program Participation." P-10698 M&C P-10698 - Authorizing the purchase of radar equipment and accessories Radar Equipment with Kustom Signals, Inc., and Applied Concepts through a Houston-Galveston and Accessories Area Council cooperative contract for the Police Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 6 of 23 P-10699 M&C P-10699 - Adopting Supplemental Appropriation Ordinance No. 17922- Ord. No. 17922-12- 12-2007 increasing appropriations in the Storm Water Utility Fund in the 2004 amount of $1,505,760.00 and decreasing the unreserved, retained earnings by Cab and Chassis, the same amount, for the purpose of funding the purchase of five new cab and Vactor Sewer chassis and five new vactor sewer combination bodies for the Transportation Combination Bodies and Public Works Department; and authorizing the purchase of five new cab and Post Puller Truck and chassis from ATC Fort Worth Freightliner, five new vactor sewer combination bodies and one post puller truck using cooperative contracts for the Transportation and Public Works Department for a total cost not to exceed $1,550,979.00. P-10700 M&C P-10700 - Authorizing the sole source purchase of a remote control Remote Control receiver from Remotec, Inc., for the Fire Department. Receiver P-10701 M&C P-10701 - Authorizing Purchase Agreements for printing City Page with Print City Page the Fort Worth Star-Telegram, La Vida News - The Black Voice, and Diario La Estrella for the City of Fort Worth from December 19, 2007, to September 30, 2008, for a cost not to exceed $150,650.00. P-10702 M&C P-10702 - Authorizing the purchase of two new cabs and chassis from Cab and Chassis Santex Truck Center, one new cab and chassis from Houston Freightliner and and GapVax Sewer three new GapVax sewer combination units from Texas Underground, Combination Units Incorporated, using Houston-Galveston Area Council contracts for the Water Department. P-10703 M&C P-10703 - Authorizing the purchase of the City's property insurance from Property and RSUI Indemnity Company, Westchester Surplus Lines Insurance, Lexington Casualty Insurance Insurance Company, Commonwealth Insurance and AXIS Specialty Insurance Policies and Boiler at a total premium cost of $1,050,609.68 through Wm Rigg, d/b/a Hub and Machinery International Rigg, as the City's broker of record; and authorizing the purchase Insurance Policies of the City's commercial boiler and machinery insurance from Hartford Steam Boiler Insurance at a total premium of$91,959.94 through Wm Rigg, d/b/a Hub International Rigg, as the City's broker of record. L-14436 M&C L-14436 - Authorizing the direct sale of a tax-foreclosed property Sale of Tax- described as Lot 3, Block 4, Union Depot Addition at 908 East Annie Street in Foreclosed Property accordance with Section 34.05 of the Texas Property Tax Code to Reverend Rodney McCullough (DOE 920) in the amount of $6,060.04; and authorizing the City Manager to execute and record the appropriate instruments conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 7 of 23 L-14437 M&C L-14437 - Approving the acceptance of a lease agreement for natural gas Lease for Natural drilling under 2.57 acres, more or less, of City-owned properties located in Gas Drilling of City- Tarrant County, Texas, known as the East Freeway Water Tower to Chesapeake Owned Properties Exploration, L.L.C., for a two-year primary term. L-14438 M&C L-14438 - Authorizing the execution of an Underground Pipeline Underground Easement Agreement with Texas Midstream Gas Services, L.L.C., for a natural Pipeline Easement gas pipeline across City-owned property in the W.W. Wheat Survey, A-1647, Agreement for Tract 1C and the W.H. Little Survey, A-945, Tract 7A and in the Gilmore Natural Gas Strips Addition, Block A, Lot Al (W.H. Little Survey, A-945). Pipeline Across City-Owned Property L-14439 M&C L-14439 - Approving the acceptance of a lease agreement for natural gas Lease for Natural drilling under six acres, more or less, of City-owned properties located in Gas Drilling of City- Tarrant County, Texas, known as Spinks Park and Ride to XTO Energy, Inc. Owned Properties L-14440 M&C L-14440 - Approving the reinstatement of the canceled 50-year lease Reinstate Canceled agreement with Justin Waldrep for Lot 15, Block 21, Lake Worth Leases, Lake Worth Lease located at 9708 Watercress Drive retroactive to October 23, 2007; and for City-Owned authorizing Amendment of the Lease relating to rent, Lessee's Option to Property Purchase, and other non-material terms. L-14441 M&C L-14441 - Accepting the dedication of approximately 0.2211 acres of Dedicate unimproved parkland described as Lots 19 and 20, Block 126, Chamberlin Unimproved Arlington Heights, an addition to the City of Fort Worth, Tarrant County, Parkland for Texas, from Westridge Street Partners I, LLC, for Chamberlin Park in Chamberlin Park accordance with the Neighborhood and Community Park Dedication Policy. L-14442 M&C L-14442 - Accepting the dedication of approximately 0.2937 acres of Dedicate unimproved parkland described as portions of Lots 35, 36, 37 and 38, Block Unimproved 146R, Chamberlin Arlington Heights, Tarrant County, Texas, from Westridge Parkland for Lake Street Partners I, LLC, for Lake Como Park in accordance with the Como Park Neighborhood and Community Park Dedication Policy. C-22582 M&C C-22582 - Authorizing the City Manager to execute a standard consent The University of agreement with The University of North Texas Health Science Center, North Texas Health authorizing use of the right-of-way for the bore and installation of data and Science Center information technology lines beneath Montgomery Street to service its building at 3601 Mattison Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 8 of 23 C-22583 M&C C-22583 - Authorizing the City Manager to amend the current City Amend CSC No. Secretary Contract No. 29292 with AON Consulting, Inc., for group health plan 29292 -AON consulting services. Consulting, Inc. C-22584 M&C C-22584 - Ratifying expenditures incurred by the Police Department in U.S. Department of providing overtime under two agreements with the U.S. Department of Justice, Justice, Drug Drug Enforcement Administration, one for a Multi-Agency Task Force and a Enforcement second agreement for a Drug Enforcement Administration Dallas/Fort Worth Administration Airport Task Force. C-22585 M&C C-22585 - Authorizing the City Manager to execute a contract with Crescent Crescent Construction, Inc., in the amount of$983,000.00 for the Lake Worth Construction, Inc. Lift Station Replacement Project. C-22586 M&C C-22586 - Authorizing the City Manager to execute a contract with Inflection Point Inflection Point Systems for Water Lab consulting opportunities for the Water Systems Department for an amount not to exceed $124,000.00. C-22587 M&C C-22587 - Authorizing the City Manager to enter into a license YMCA agreement with the YMCA for the use of a portion of Hulen Meadows Park to construct a parking lot for use by park and YMCA patrons. The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Ms. Sandra Runnels be appointed to Place 6 on the Fort Worth City Council Commission for Women effective December 18, 2007, and with a term expiring October 1, 2008. 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 requesting financial assistance from the Texas Res. No. 3565-12- Water Development Board for $64,930,000.00 for acquisition, improvement 2007 and extension of the City's water and sewer system. Request Financial Assistance from Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Texas Water that Resolution No. 3565-12-2007 be adopted. The motion carried Development Board unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 9 of 23 Res. No. 3566-12- There was presented a resolution opposing the issuance of Air Quality Permit 2007 80972L002 to Destructors, Inc., for a change in location of a rock crushing Oppose Issuance of facility to 5901 South Freeway, Fort Worth, Texas. Air Quality Permit for Change in Mayor Pro tem Hicks expressed appreciation to the Law Department staff and Location of Rock Crushing Facility Mr. Brian Boerner, Environmental Management Department Director, for getting this issue on the agenda so quickly. She stated that she was very pleased to see numerous requests for public hearings on this issue and added that it not only impacted District 8 but also Districts 6 and 9. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3566-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15994 It was the consensus of the City Council that Mayor and Council Waive High Impact Communication No. G-15994, Consider a Waiver for a High Impact Pad Site Pad Site Permit for Permit Requested by Chesapeake Operating, Inc., for the Rock Creek Lease Rock Creek Lease Pad H, Located Between Old Granbury Road and Stewart Feltz Road, be Pad H— withdrawn from consideration. Withdrawn from Consideration G-16000 There was presented Mayor and Council Communication No. G-16000 from Res. No. 3567-12- the City Manager recommending that the City Council authorize the transfer of 2007 $304,722.12 from the 2004 New Development Fund to the Grants Fund to pay Ord. No. 17923-12- the Texas Department of Transportation's administration fee for the West Amend CSC No. Seventh Village (South of 7th) Project and a portion of the Museum Way quiet A Amen Related t zone improvements; authorize the transfer of$242,394.88 from the 1993 New 29678 West Seventh Development Fund to the Grants Fund to pay for a portion of the Museum Way Village (South of 7t'') quiet zone improvements; adopt a resolution affirming that the private Project and Portion developer commitments required by the Transportation-Land Use Joint Venture of Museum Way Grant Program have been met for the South of Seventh Development Project; Quiet Zone requesting that the North Central Texas Council of Governments place the Improvements South of Seventh Project in the Statewide Transportation Improvement Plan; and authorizing the City Manager to execute a grant agreement with the Texas Department of Transportation related to the South of Seventh Development Project; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$889,587.00 from available funds for the purpose of funding the West Seventh Village Project; and authorize the City Manager to execute the amendment to City Secretary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 10 of 23 Contract No. 29678, an Advance Funding Agreement with the Texas Department of Transportation that addresses funding responsibilities for the Proj ect. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16000 be approved with appreciation to Michael Morris, Director of Transportation for the North Central Texas Council of Governments, and Resolution No. 3567-12-2007 and Appropriation Ordinance No. 17923-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16001 There was presented Mayor and Council Communication No. G-16001 from Ord. No. 17924-12- the City Manager recommending that the City Council adopt an ordinance 2007 amending the Subdivision Ordinance of the City of Fort Worth, being Amend Chapter 31 Ordinance No. 17154 as amended, codified as Chapter 31 of the Code of the of Subdivision City of Fort Worth, to move the contents of Chapter 7, Article VI Ordinance to Move «Incorporation of Adopted Design Standards" to Chapter 5; to add a paragraph Chapter 7,Article to incorporate the Near Southside Development Standards and Guidelines by VI,to Chapter 6 of the City Code reference into the Subdivision Ordinance; to move the reference to the Trinity Uptown Design Standards and Guidelines to Chapter 5. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16001 be approved and Ordinance No. 17924-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16002 There was presented Mayor and Council Communication No. G-16002 from Ord. No. 17925-12- the City Manager recommending that the City Council transfer $117,480.00 2007 from the Special Assessment District Fund from the North Tarrant Parkway Fund Portions of TIF, the Lancaster Corridor TIF and the East Berry Renaissance TIF to the Authorized Special Trust Fund to fund a portion of two authorized positions in the Positions for TIF Economic and Community Development Department responsible for Fiscal Administration Year 2007-2008 TIF administration; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of$117,480.00 from available funds for the purpose of funding the FY 2007-2008 TIF administration by the Economic and Community Development Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 11 of 23 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-16002 be approved and Appropriation Ordinance No. 17925-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16003 There was presented Mayor and Council Communication No. G-16003 from Adopt Aquatic the City Manager recommending that the City Council adopt the Aquatic Master Plan 2008 as Master Plan 2008; and adopt the Plan as an amendment to the Park, Recreation Amendment to and Open Space Master Plan and the City's Comprehensive Plan. Park, Recreation and Open Space Mayor Pro tem Hicks stated that she wanted to make sure that Council Member Master Plan and Moss was agreeable to moving forward with this issue relative to the inclusion Comprehensive Plan— Continued of Southeast Fort Worth. Until January 15, 2008 Council Member Moss stated that he did have a question about a reference in the Discussion Section of the M&C, Phase 1, which reflected "Pursue an indoor partnership in the central city with the Fort Worth Independent School District and/or Tarrant County Hospital District." He asked staff if that statement referred and related to District 5. Mr. Richard Zavala, Parks and Community Services Department Director, stated that as Council Member Moss suggested, the City would pursue a partnership with those two entities. He advised that an indoor facility had been identified in the eastern sector of the City; however, he could not guarantee if the pool was in District 5. Council Member Moss stated he could not support the plan if that was the case. Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16003 be continued until the January 15, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16004 There was presented Mayor and Council Communication No. G-16004 from Ord. No. 17926-12- the City Manager recommending that the City Council: 2007 Reallocate Funds 1. Authorize the appropriation and reallocation of$552,187.00 in Community for Development of Development Block Grant funds for the development of the Sycamore Park Sycamore Park Splash Pad as follows: Splash Pad CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 12 of 23 a. $253,791.00 from the Gateway Oxbow-Texas Parks and Wildlife Department Regional Park Grant match; b. $220,000.00 from the Gateway Park Skate Park project; C. $42,900.00 from the Sankofa Park Improvement project; d. $25,067.00 from the Gateway Park Soccer Field Improvement project; and e. $10,429.00 from Security lighting project funds; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Parks Improvements Project Fund in the amount of $498,858.00 from Gas Well Royalty Revenues for the purpose of allocating this amount to replace the Community Development Block Grant Funds, as follows: a. $253,791.00 for the Gateway Oxbow-Texas Parks and Wildlife Department Regional Park Grant match; b. $220,000.00 for the Gateway Park Skate Park project; and c. $25,067.00 for the Gateway Park Soccer Field Improvement project. Mayor Pro tem Hicks requested staff s confirmation that funds being diverted from the Evans and Rosedale project to fund this issue would eventually be returned to that project. Mr. Richard Zavala, Parks and Community Services Department Director, responded in the affirmative. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-16004 be approved and Appropriation Ordinance No. 17926-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14426 It was the consensus of the City Council that Mayor and Council Convert Parkland Communication No. L-14426, Authorize Conversion of 0.252 Acres of Trinity for Pipeline Park for a Pipeline Easement to Transport Natural Gas and Execution of a Easement to License Agreement with Texas Midstream Gas Services, be withdrawn from Transport Natural consideration. (Note: This item was replaced by the following revised item.) Gas -Withdrawn from Consideration L-14426 Revised It appeared that the City Council set today as the date for a public hearing to Convert Parkland authorize conversion of 0.252 acres of Trinity Park for a gas pipeline to for Pipeline transport natural gas and authorize execution of a License Agreement with Easement to Texas Midstream Gas Services. Mayor Moncrief opened the public hearing Transport Natural and asked if there was anyone present desiring to be heard. Gas— Continued Until January 8, 2008 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 13 of 23 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 Revised, as follows: There was presented Mayor and Council Communication No. L-14426 Revised 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 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 six hundred feet (600') 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 public danger which is a condition that creates an unreasonable risk of harm as governed by State and Federal guidelines or regulations; or (ii) the license agreement is amended by the City Council; close the public hearing and authorize the City Manager to convert approximately 0.252 acres of dedicated parkland 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; and authorize the execution of a License Agreement with Texas Midstream Gas Services for the placement of a Class 4 gas pipeline in the northeastern edge of Trinity Park for the license fee of$24,113.69. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in opposition of the pipeline. He expressed appreciation to everyone involved to revise the language on the M&C. Council Member Davis advised Mr. Dreyfus that she had provided City Attorney Yett with his suggested language to revise the M&C and expected that it would be incorporated relative to depth and impact to existing tree roots. She added that she had met about a week ago with representatives from the pipeline company, Chesapeake and members of the community who represented concerns not only of the railroad, but also property owners. She stated that she had received a commitment from the pipeline company, Texas Midstream Gas Services and Chesapeake representatives that they would meet with everyone once again to address the proposed alignment and hopefully provide a solution to everyone concerned. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 14 of 23 There being no one else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14426 Revised be continued until the January 8, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14443 There was presented Mayor and Council Communication No. L-14443 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 35571 for Sale of to amend the Purchase Agreement (City Secretary Contract No. 35571) to sell City-Owned City-owned property in the Evans and Rosedale Project area to Cypress Property Equities, I, LP, to extend the original option period of six months and, if necessary, allow an additional six month extension and to permit Cypress to purchase individual tracts instead of the entire tract, in accordance with Section 272 of the Local Government Code; and authorize the City Manager to execute an appropriate deed conveying the property to Cypress Equities I, LP, and record the deed, if the terms of the option agreement as amended are satisfied. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14443 be approved with appreciation to City staff The motion carried unanimously nine (9) ayes to zero (0) nays. L-14444 There was presented Mayor and Council Communication No. L-14444 from the Sale of City-Owned City Manager recommending that the City Council authorize the City Manager Surplus Property to execute an agreement to sell City-owned surplus property located at 801 West Vickery Boulevard at the southwest corner of West Vickery Boulevard and Lipscomb Street to Elk River-Townsite, LLC, in accordance with Chapter 272 of the Texas Local Government Code for a total sale price of $1,050,000.00; and authorize the City Manager to execute an appropriate deed conveying the property to Elk River-Townsite, LLC, and record the deed, if the terms of the contract are satisfied. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14444 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2767 There was presented Mayor and Council Communication No. PZ-2767 from the Ord. No. 17927-12- City Manager recommending that the City Council adopt an ordinance vacating 2007 and extinguishing a portion of East Bluff Street, east of Commerce Street and a Street Vacations portion of North Calhoun Street, north of Belknap Street (unrecorded plat), (VA-06-010) located in the M. Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas; and waive the purchase fee of$869,762.28 in accordance with City policy (M&C G-15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 15 of 23 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2767 be approved and Ordinance No. 17927-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2768 There was presented Mayor and Council Communication No. PZ-2768 from the Ord. No. 17928-12- City Manager recommending that the City Council adopt an ordinance vacating 2007 and extinguishing a portion of an alley from the east right-of-way line of Alley Vacation Owasso Street to the west right-of-way line of Margaret Street located in Block (VA-07-021) 54, Factory Place Addition, an addition to 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 Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2768 be approved and Ordinance No. 17928-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22588 There was presented Mayor and Council Communication No. C-22588 from the Ord. No. 17929-12- City Manager recommending that the City Council authorize amendments to 2007 existing Interlocal Agreements with the Fort Worth Transportation Authority to Fort Worth extend the term five years, include language that specifies roles and Transportation responsibilities during construction of the Hyde Park Transit Plaza and Ninth Authority Street Improvements, and that any donated funds will be shared equally between the Fort Worth Transportation Authority and the City of Fort Worth; authorize the City Manager to accept a donation from Fort Worth Public Improvement District No. 1 to reduce the local match for the City and the Fort Worth Transportation Authority for the Hyde Park Transit Plaza project by $20,000.00; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Critical Capital Projects Fund in the amount of $20,000.00 from available funds for the purpose of reducing the local match for the City and for"the T" for the Hyde Park Transit Plaza project. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22588 be approved and Appropriation Ordinance No. 17929-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 16 of 23 C-22589 There was presented Mayor and Council Communication No. C-22589 from the Res. No. 3568-12- City Manager recommending that the City Council: 2007 Create Tradition 1. Adopt a resolution consenting to the creation of Tradition Municipal Municipal Utility Utility District No. 2 of Denton County and to certain road projects District No. 2 of within the District and authorizing the City Manager to execute the Denton County- "Agreement concerning creation and operation of Tradition Aqua Utilities, Municipal Utility District No. 2 of Denton County" for the Tradition Aperion Development; Communities, LLLP, Eladio 2. Authorize the City Manager or a designee to execute the following Properties, LLLP, contingent upon receipt of necessary executed documents from Aqua Drooy Properties, Utilities: LLLP, and Rocksand a. A Development Agreement between the City and Aperion Investments, Communities, LLLP, Eladio Properties, LLLP, and Drooy LLLP Properties, LLLP, and Rocksand Investments, LLLP; b. A Buy-Out Option Agreement between the City, Aqua Utilities, Aperion Communities, LLLP, Eladio Properties, LLLP, and Drooy Properties, LLLP, and Rocksand Investments, LLLP, and the District; c. An Impact Fee Agreement between the City, Aqua Utilities, Aperion Communities, LLLP, Eladio Properties, LLLP, and Drooy Properties, LLLP, and Rocksand Investments, LLLP, and the District; d. A Utility Agreement between the City and Aqua Utilities, Aperion Communities, LLLP, Eladio Properties, LLLP, and Drooy Properties, LLLP, and Rocksand Investments, LLLP, and the District; e. A Wholesale Wastewater Service Agreement between the City and Aqua Utilities; f. An Agreement for the Sale of Treated Water between the City and Aqua Utilities; and 3. Authorize the City Manager or a designee to bring forth the Strategic Partnership Agreement for approval after the formation of the Municipal Utility District. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22589 be approved and Resolution No. 3568-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 17 of 23 C-22590 There was presented Mayor and Council Communication No. C-22590 from the Third Renewal- City Manager recommending that the City Council authorize the City Manager Aetna Life to execute the third of three, one-year contract renewal options with Aetna Life Insurance Insurance for administration of the City's self-funded group health benefit program beginning January 1, 2008, and expiring December 31, 2008, for a total cost not to exceed $4,819,356.00. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22590 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22591 There was presented Mayor and Council Communication No. C-22591 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 30457-Lincoln to execute the amendment to the Tax Abatement Agreement with Lincoln Trinity Bluffs, L.P. Trinity Bluffs, L.P., City Secretary Contract No. 30457, related to the redevelopment in the northeast portion of downtown. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22591 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22592 There was presented Mayor and Council Communication No. C-22592 from the Ord. No. 17930-12- City Manager recommending that the City Council authorize the City Manager 2007 to execute a loan agreement in the amount of$437,000.00 with the Fort Worth Fort Worth Local Local Development Corporation for funds advanced by the Local Development Development Corporation to the City for payment of survey services and improvements on Corporation the Lancaster Corridor; authorize the City Manager to accept funds in the amount of $162,000.00 from the Fort Worth Local Development Corporation for surveys of property along the Lancaster Corridor; approve the transfer of up to $162,000.00 from the Local Development Corporation Fund to the General Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of$162,000.00 from the Fort Worth Local Development Corporation Fund, for the purpose of funding the surveying of property along the Lancaster Corridor. Mayor Pro tem Hicks a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22592 be approved and Appropriation Ordinance No. 17930-12-2007. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 18 of 23 C-22593 There was presented Mayor and Council Communication No. C-22593 from the Texas Wesleyan City Manager recommending that the City Council authorize the execution of University an Economic Development Program Agreement with Texas Wesleyan University for the facade renovation and redevelopment of individual buildings located in 3000, 3100 and 3200 blocks of East Rosedale Street in the Polytechnic/Wesleyan Urban Village, subject to non-material changes agreeable to both the City and Texas Wesleyan University; find that the terms and conditions of the Economic Development Program Agreement constitute a custom-designed economic development program as outlined in the 2007 Comprehensive Plan and as authorized by Chapter 380 of the Texas Local Government Code. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22593 be approved with appreciation to Texas Wesleyan University, Phillip Poole and Don Scott. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22594 There was presented Mayor and Council Communication No. C-22594 from the Columbus Trail 94, City Manager recommending that the City Council authorize the City Manager Ltd.,through to execute the Community Facilities Agreement with Columbus Trail 94, Ltd., Windfall through Windfall Investments, Inc., its General Partner, and Summer Sycamore Investments, Inc., I, Ltd., through Legacy Capital Company II, a Texas Corporation, its Manager, and Summer for the construction of Summer Creek Road and Sycamore School Road with Sycamore I, Ltd., City participation in an amount not to exceed $688,942.42; and waive the through Legacy Capital Company II limitation of Section II, Paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212.072 and the Unit Price Ordinance No. 14552. Council Member Jordan stated that this was a very innovative approach to building roads and pointed out that the City was building a $1.5M road with only $680,000.00 of the taxpayers money through an agreement with the developer. He pointed out that this was an example of how to use economic development agreements to build roads without sacrificing City funds and requested Council Member Espino place this issue on a future Infrastructure and Transportation Committee agenda for discussion. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22594 be approved with appreciation to Mr. Jim Walker, Transportation/Public Works Assistant Director of Transportation Development and Assistant City Attorney Amy Ramsey. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 19 of 23 C-22595 There was presented Mayor and Council Communication No. C-22595 from the Ord. No. 17931-12- City Manager recommending that the City Council authorize the City Manager 2007 to ratify execution of an agreement with the Near Southeast Community Near Southeast Development Corporation to coordinate activities which focus on enforcement Community and abatement of code violations, and educate citizens on how to identify, Development report and abate code violations in the targeted area bound by East Lancaster on Corporation the north, Interstate 35W South on the west, East Berry on the south, and South Riverside on the east; authorize the City Manager to accept $35,000.00 from the Near Southeast Community Development Corporation for the Joint Law Enforcement and Neighborhood Program; authorize the City Manager to ratify all expenditures made and collect revenues for overtime expended, and for purchasing supplies and equipment in support of the Southwest Weed and Seed Initiative; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $35,000.00 upon execution of the agreement with the Near Southeast Community Development Corporation for the purpose of funding overtime for Code Compliance employees and the purchase of supplies and equipment for participation in a joint Code Compliance and neighborhood program between the City and the Near Southeast Community Development Corporation. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22595 be approved and Appropriation Ordinance No. 17931-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22596 There was presented Mayor and Council Communication No. C-22596 from the Ord. No. 17932-12- City Manager recommending that the City Council adopt a supplemental 2007 appropriation ordinance increasing estimated receipts and appropriations in the Ord. No. 17933-12- Storm Water Operating Fund in the amount of $1,165,735.00 from available 2007 funds, for the purpose of transferring said funds to the Storm Water Capital CH2MHill Fund; authorize the transfer of$1,500,000.00 from the Storm Water Operating Fund to the Storm Water Capital Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Storm Water Capital Fund in the amount of$1,500,000.00 from available funds, for the purpose of executing a Professional Services Agreement with CH2MHill for Integrated Program Management, Phase 1; and authorize the City Manager to execute a Professional Services Agreement with CH2MHill for Integrated Program Management, Phase 1, in the amount of$3,844,653.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 20 of 23 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22596 be approved and Supplemental Appropriation Ordinance No. 17932-12-2007 and Appropriation Ordinance No. 17933-12-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22597 There was presented Mayor and Council Communication No. C-22597 from the Conatser City Manager recommending that the City Council authorize the City Manager Construction Texas, to execute a contract with Conatser Construction Texas, LP, for Unit 1: State LP Highway 121T, Water and Sanitary Sewer Relocations Parts 7B, 11 and 19; Unit 2: Water and Sanitary Sewer Replacement in conjunction with parkway improvements along 9th Street; and Unit 3: Water Main Replacement on Throckmorton Street(City Projects Nos. 00204, 00205 and 00136). Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22597 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 November 16, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-215 There was presented Zoning Docket No. ZC-07-215, application of Harmony Approved Realty, Ltd. for a change in zoning of property located at 3400 West Loop 820 South, 3601 Alemeda Street and 9190 and 9478 Chapin Road from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus warehouse, and with waiver of site plan recommended. Council Member Silcox made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-215, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-216 There was presented Zoning Docket No. ZC-07-216 and Site Plan No. SP-07- SP-07-059 - 059, application of RP Partners, Ltd., et al., for a change in zoning of property Continued Until located at 1651 South University Drive, 1605 West Bank Circle and 1701 River January 15, 2008 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 21 of 23 Run from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus hotel and residential with waivers to the off street parking and loading requirements, and allow for 50 percent of the south and west facades of Building "C" (parking garage); no electric changeable copy sign, and with site plan required for retail, office, hotel and residential. Michael Bennett Mr. Michael Bennett, 2429 Rogers Avenue, representing the applicant, appeared before Council in support of the rezoning. He advised that the development would be very pedestrian friendly with residential, retail, hotel and office locations. He requested Council favorably consider the rezoning. Adelaide Leavens Ms. Adelaide Leavens, P.O. Box 101373, representing Streams and Valleys, Inc., appeared before Council in opposition of the rezoning. She advised that Streams and Valleys, Inc., had not been made aware of the zoning change and requested the Council delay action until January 15, 2008. Mr. Bennett agreed to the delay requested by Ms. Leavens. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-216 and Site Plan No. SP-07-059, be continued until the January 15, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-220 There was presented Zoning Docket No. ZC-07-220, application of the City of Approved Fort Worth (Oakhurst Neighborhood) for a change in zoning of property generally bounded by Watauga Road to the north, Sylvania Avenue to the east, Westbrook Avenue to the south and Oakhurst Scenic Drive to the west from "A-7.5" One Family Residential, "A-7.5/HC" One Family Residential/Historic and Cultural Overlay and "A-5" One Family Residential to "A-43", "A-21", A- 10", "A-7.5" One Family Residential and "A-10/HC" One Family Residential/Historic and Cultural Overlay. Libby Willis Ms. Libby Willis, 2300 Primrose Avenue, President of the Oakhurst Neighborhood Association, appeared before Council in support of the rezoning. She acknowledged members of the neighborhood association present and stated that the zoning change was being requested because the current zoning classifications did not match lot sizes for single family zoning in her neighborhood. She commended the efforts of Dana Burghdoff, Jesse Torres and Beth Knight from the Planning and Development Department for their assistance in this rezoning and that the City needed to draw attention to this tool for use by all neighborhoods in the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2007 PAGE 22 of 23 Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-220, be approved with appreciation to the Oakhurst Neighborhood Association. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-221 There was presented Zoning Docket No. ZC-07-221, application of the City of Approved Fort Worth (Ridglea Hills Neighborhood) for a change in zoning of property generally bounded by Camp Bowie Boulevard to the north, Bernie Anderson Avenue to the east, Ridglea Country Club to the south, Edgehill Road and Hilldale Road to the west from "A-5" One Family Residential to "A-21" and "A-10" One Family Residential.. Council Member Silcox made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-221, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 Silcox made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17934-12-2007 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 nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18,2007 PAGE 23 of 23 Agenda Item XVI Mr. Scott Womack, 8504 Landing Way Court, appeared before Council relative Citizen to street repairs and the annexation of the Landing Street area. He provided a Presentations handout entitled "The Landing" which presented a comprehensive history of Scott Womack the area and the attempts to have streets repaired by Tarrant County before being annexed into the City and by the City of Fort Worth after annexation to no avail. He stated that since the City annexed the area, the City had an obligation to repair the streets and asked the Council to direct the Transportation/Public Works Department to make repairs to these streets within the next 30 days. Council Member Burdette agreed that the streets in this area were in bad condition. He pointed out that the streets served as access for Waste Management trucks to pick up garbage and that the heaviness of the trucks had created the damage to the streets. He requested that the staff provide a proposal relative to what was needed to repair the streets and the associated costs. Jim Ashford Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to noise created by gas well drilling and compressors. He referred to a few areas in the City's noise ordinance that pertained to distance requirements and ambient noise levels and asserted that the company had measured distances incorrectly. Assistant City Manager Dale Fisseler advised the Council that staff and the gas company would work together to resolve the concerns of Mr. Ashford. He requested the Council give him the opportunity to provide a detailed report of the information provided by Mr. Ashford today. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council and requested the Council adopt a resolution to impeach the President and Vice President of the United States. Agenda Item XVHI There being no further business,the meeting was adjourned at 11:43 a.m. Adjournment These minutes approved by the Fort Worth City Council on the 8th day of January, 2008. Attest: Approved: Marty H drix MichaelJW4oncr City Secretary Mayor