Loading...
HomeMy WebLinkAbout2006/04/18-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager Peter Vaky, Assistant 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 10:11 a.m. on Tuesday, April 18, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Mayor Moncrief announced that Fort Worth Firefighter Steve Collins had undergone brain surgery this morning and asked that everyone wish him and his family best wishes. Agenda Item H The invocation was given by Father Stephen Jasso, All Saints Catholic Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Council Member Jordan stated that on page 15 of the April 11, 2006, City Approval of Council minutes relative to Zoning Docket No. ZC-06-017, "...and with waiver Minutes of site plan" was omitted from his motion. He added that the correction had been made by the City Secretary. Upon a motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox, the minutes of the regular meeting of April 11, 2006, were approved as corrected unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Fair Housing Awareness Special Month to Estrus Tucker, Chair of the Human Relations Commission and to Dr. Presentations Elizabeth Trevino, Commission member. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 2 of 21 Mayor Moncrief expressed appreciation to the Commission for their work and requested that the Commission provide an annual oral report to the Council that reflected the history of their activities. He added that the report would reinforce what the Commission accomplished through its budget, where the resources were needed and how they could be justified. Council Member Davis expressed appreciation to the Commission and to Vanessa Ruiz-Boling and her staff for their work within the Community Relations Department. She stated that this was terribly important work and it was meaningful in the lives of some of the City's most least-able citizens. Council Member Haskin stated that the Council had received an update of all the different items that may be cut on the federal agenda and that this was one of those items. She added that the City needed to be cognizant of this issue as another funding resource may need to be identified. Council Member Davis presented a Proclamation for Sexual Assault Awareness Month to a representative from John Peter Smith Healthcare Network. Council Member Hicks introduced President Michelle Goodwin and President- elect Aubra Wilson, representing the Junior League of Fort Worth. Ms. Goodwin presented the City with a check of $2,121.00 from donations of individual members in support of the Katrina Hurricane relief efforts. Mayor Moncrief accepted the check on behalf of the City of Fort Worth and expressed appreciation to the Junior League for their donation. Agenda Item VI Council Member Burdette announced that the second public hearing of the Gas Announcements Drilling Task Force would be held on Thursday, April 20, 2006, at 6:30 p.m. in the Council Chamber. He encouraged everyone interested to attend the meeting. He added that after the public hearing, the Task Force would present their final recommendations to the Council in May 2006. Council Member Wheatfall announced that a public meeting would be held on April 19, 2006, at 6:00 p.m. at the Handley Meadowbrook Community Center to discuss water and sanitary sewer line improvements along Regal Road, Queen Street, Gary Lane and Van Natta Avenue. He added that he would like to wish his son Elias a Happy 4th Birthday. Council Member Davis announced that the Main Street Arts Festival would begin on Thursday, April 20, 2006, and go through Sunday, April 23, 2006. She also announced that she and Council Members Espino and Jordan would be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 3 of 21 bowling at Don Carter's Bowling Alley at 11:30 a.m. on April 22, 2006, in support of the Big Brothers and Big Sisters organizations and encouraged everyone to go out and support this effort. Council Member Espino stated that All Saints Catholic Church would celebrate Cinco de Mayo on May 6, 2006, beginning with a parade in the morning at the corner of Central Avenue and Ellis near former City Council Member Jim Lane's office. He also announced that on the same day the North Fort Worth Neighborhood Alliance would have their second meeting at 11:00 a.m. at the Beef O'Brady's on Golden Triangle Boulevard. He added that everyone in North Fort Worth who were interested in being part of the Alliance to please attend the meeting. Council Member Hicks expressed appreciation to Jesse Camp for hosting her for Easter. She also expressed appreciation to the Fort Worth Star-Telegram for their endorsement of the East Berry TIF. She stated that the editorial page reflected a long article about the importance of the area and how it was going to be a catalyst for redevelopment in that area. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from PZ-2671 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ PZ-2671 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and amended as follows: OCS-1549 M&C OCS-1549 - 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-15159 M&C G-15159 — Authorizing the City Manager to sign the application waiver Juvenile for the Fiscal Year 2006 Juvenile Accountability Block Grant from the Office Accountability of the Governor's Criminal Justice Division in the amount of $25,486.00 to Block Grant waive the grant funds to Tarrant County Juvenile Services. Waiver for FY 2006 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 4 of 21 P-10360 M&C P-10360 — Authorizing the City Manager to execute Change Order No. 3 Ord. No. 16895- to City Secretary Contract No. 31945 with Motorola, Inc., for the purchase of 04-2006 Mobile Data Computers for the Fire Department at an estimated cost of Change Order No. $706,832.00 and payment due 30 days from receipt of invoice; and adopting 3 to CSC No. Appropriation Ordinance No. 16895-04-2006 increasing estimated receipts and 31945—Mobile appropriations in the Information Systems Capital Projects Fund in the amount Data Computers of $706,832.00 based on the budgeted three-year repayment from the General Fund for the purpose of funding Change Order No. 3 to City Secretary Contract No. 31945 with Motorola, Inc., for the purpose of Mobile Data Computers for the Fire Department. P-10361 M&C P-10361 —Recommending that the City Council: Commercial Carpet Cleaning I. Authorize purchase agreements for commercial carpet cleaning and and Emergency emergency restoration with ABM Janitorial Services and American Restoration Carpet Care, Inc., for the City of Fort Worth based on best value with payment due 30 days from date of invoice; VENDOR SERVICE ABM Janitorial Services Carpet Cleaning (hot water extraction and dry cleaning) American Carpet Care, Inc. Tile and Grout Cleaning Upholstery Cleaning Emergency Restoration 2. Authorize these agreements to begin April 25, 2006, and expire April 24, 2007, with options to renew for three additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10362 M&C P-10362 — Authorizing purchase agreements to provide mowing and Mowing and grounds maintenance of City rights-of-way with Brown's Tractor Mowing and Grounds Coffey's Landscape Services, Inc., for the Parks and Community Services Maintenance Department based on the low bid received by regions, with payments due 30 days from receipt of invoice; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 5 of 21 Vendors Regions Total Annual Cost a. Brown's Tractor Northeast Region $18,243.50 Mowing Right-of-ways b. Coffey's Landcscape Southwest Region $25,425.00 Services, Inc. Right-of-ways Authorizing these agreements to begin April 18, 2006, and expire February 28, 2007. P-10363 M&C P-10363 — Authorizing purchase agreements with the Commercial Publication of Recorder and the Fort Worth Star-Telegram for publication of official notices Official Notices and name the Commercial Recorder as the City of Fort Worth Official Newspaper; and authorizing the agreements to begin April 18, 2006, and expire April 17, 2007. P-10364 M&C P-10364 —Authorizing a purchase agreement for docket copying services Docket Copying with Texas Printing & Litigation for the Development Department based on Services best value with payment due 30 days after receipt of invoice; authorizing this agreement to begin April 25, 2006, and expire April 24, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Texas Local Code, Chapter 271.102, "Cooperative Purchasing". PZ-2670 M&C PZ-2670 — Adopting Ordinance No. 16896-04-2006 vacating and Ord. No. 16896- extinguishing a portion of East Drew Street located adjacent to Lot 1, Block 1, 04-2006 Watson's Addition, an addition to the City of Fort Worth, Tarrant County, Street Vacation Texas. (VA-05-030) PZ-2672 M&C PZ-2672 — Adopting Ordinance No. 16897-04-2006 vacating and Ord. No. 16897- extinguishing a portion of an alley located adjacent to Lots 3 and 10, Block 28, 04-2006 Tuckers Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Alley Vacation (VA-06-009) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 6 of 21 C-21402 M&C C-21402 —Recommending that the City Council approve acceptance of a Ord. No. 16898- one-year grant for $10,936.50 from the State of Texas Governor's Division of 04-2006 Emergency Management; authorize the City Manager, subject to grant receipt, State of Texas to enter into an agreement with the State Division of Emergency Management Governor's and adhere to grant specifications; accept a contribution from the Tarrant Division of County Local Emergency Planning Committee of up to $2,187.30 for the Emergency matching funds portion of grant award; approve the use of $2,187.30 as Management required for the 20 percent match; and adopt Appropriation Ordinance No. 16898-04-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of$10,936.50, subject to receipt of the Hazardous Materials Preparedness grant from the State of Texas Division of Emergency Management, for the purpose of funding the Hazardous Materials Preparedness programs in the Emergency Management Office. C-21403 M&C C-21403 — Authorizing the City Manager to execute a Public Right-of- Chief Oil & Gas, Way Use Agreement with Chief Oil and Gas, LLC (Chief Oil and Gas) that LLC grants Chief Oil and Gas 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 gathering system. C-21404 M&C C-21404 — Authorizing the City Manager to execute a Public Right-of- Frost Brothers Way Use Agreement with Frost Brothers Resources, LLLP (Frost Brothers)that Resources, LLLP grants Frost Brothers a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. C-21405 M&C C-21405 — Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, LP (West Fork) that Pipeline Company, grants West Fork license to use certain public rights-of-way of the City of Fort LP Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21406 M&C C-21406 —Recommending that the City Council authorize the transfer of Ord. No. 16899- $77,138.00 from the Water & Sewer Operating Fund to the Water Capital 04-2006 Projects Fund in the amount of$66,420.00 and Sewer Capital Projects Fund in DAL-TECH the amount of $10,718.00; adopt Appropriation Ordinance No. 16899-04-2006 Engineering, Inc. increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $66,420.00 and the Sewer Capital Projects Fund in the amount of $10,718.00 from available funds for the purpose of an Engineering Agreement with DAL-TECH Engineering, Inc., for Water and Sanitary Sewer Replacement Contract 2004 STM-J at various locations; and authorize the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 7 of 21 Manager to execute an Engineering Agreement with DAL-TECH Engineering, Inc., in the amount of $62,716.00 for water and sanitary sewer replacement on Blackmore Avenue (Horne Street to Hervie Street), Farnsworth Avenue (Bourine Street to Neville Street), Diaz Avenue (Ashland to Tremont Avenue) and Donnelly Avenue (Merrick Street to Eldridge Street) Contract 2004 STM-J at various locations (City Project No. 00195). C-21407 M&C C-21407 — Authorizing the City Manager to execute a lease amendment Monroe Street with Monroe Street Professional Building, limited to include additional office Professional space at 900 Monroe Street for the Water Department. Building The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There was presented Mayor and Council Communication No. OCS-1550 from Presentations by the Office of the City Secretary recommending that the City Council adopt a City Secretary resolution setting the regular zoning hearing for May 9, 2006. OCS-1550 Res. No. 3337-04- Council Member Wheatfall made a motion, seconded by Council Member 2006 Burdette, that Mayor and Council Communication No. OCS-1550 be approved Setting Regular and Resolution No. 3337-04-2006 be adopted. The motion carried Zoning Hearing unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15160 There was presented Mayor and Council Communication No. G-15160 from Ord. No. 16900- the City Manager recommending that the City Council adopt an ordinance 04-2006 amending Chapter 6 of the Code of the City of Fort Worth, "Animals and Amend Chapter 6, Fowl", Section 6-22, deleting Subsection (a)(4) in its entirety; amending Sections 6-22, 6-44 Section 6-44; amending Section 6-62; providing that this ordinance shall be and 6-62 of City cumulative; providing a severability clause; providing a savings clause; Code providing for a fine of up to $2,000.00 for each offense in violation of this ordinance so that the Code's provisions for prohibited animals complies with Section 822.102 of the Texas Health and Safety Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 8 of 21 Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15160 be approved and Ordinance No. 16900-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15161 There was presented Mayor and Council Communication No. G-15161 from Verify Historic the City Manager recommending that the City Council approve the application Site Tax from the property owners, the Wilson Family Trust and the Vivienne H. Wilson Exemption for Marital Trust, for verification of the Historic Site Tax Exemption at 6303 6303 Greenway Greenway Road. Road Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15161 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15162 There was presented Mayor and Council Communication No. G-15162 from Appoint City Plan the City Manager recommending that the City Council appoint Christopher Commission Scott Combest, Steve Montgomery, Mark Barnes, Brud Pickett, Charles Members to Act Edmonds, Jr., Jacq Duncan, Andrew Podner, Dennis Shingleton, Ramon As Capital Romero and Elizabeth Tindall of the Fort Worth City Plan Commission to act Improvement as the Capital Improvements Advisory Committee for Transportation Impact Advisory Fees. Committee Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15162 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15163 There was presented Mayor and Council Communication No. G-15163 from Ord. No. 16901- the City Manager recommending that the City Council: 04-2006 Ord. No. 16902- 1. Adopt an ordinance appointing Ninfa L. Mares, Steven C. Williamson, 04-2006 Stephanie J. Beamer, Simon C. Gonzalez, Terry D. Lewis, Sharon Appoint Newman-Stanfield, Jo Ann Reyes, and James D. Rodgers as Municipal Municipal Judges, Judges for a two-year term commencing April 1, 2006, and ending Designate Chief March 31, 2008, or until a successor is qualified and appointed in Judge and Deputy accordance with state law; Chief Judge CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 9 of 21 2. Adopt an ordinance appointing Robert N. McDonald as Municipal Judge for the unexpired portion of a two-year term commencing May 15, 2006, and ending March 31, 2008, or until a successor is qualified and appointed in accordance with state law; and 3. Designate Ninfa L. Mares as Chief Judge and Steven C. Williamson as Deputy Chief Judge. Elisa Sanders Ms. Elisa Sanders, 244 Buie Drive, appeared before Council in opposition of the Municipal Court Advisory Committee's recommendation to not reappoint Judge Alicia Johnson. She stated that she worked for Judge Johnson as her Docket Clerk and that the judge's integrity and credibility were beyond reproach. She requested the Committee reconsider their recommendation and reappoint Judge Johnson to another two-year term. She provided signed petitions to support her position to the City, which were to be copied to the Council. Council Member Hicks stated that as discussed in the Pre-Council meeting, she had expressed concern about this M&C and one of the decisions was that the Municipal Court Judges that had not been reappointed would have an opportunity to go before the Committee to give testimony. She added that Council Member Davis also suggested having a six-month review of the judges' performance to keep the judges aware of issues that needed to be addressed. She also expressed concern that she was not informed of this issue and decision until she received several phone calls and e-mails last week. As such, she requested that Council receive an update before having to vote on an M&C that they had no previous briefing or knowledge of the process. Council Member Burdette expressed appreciation to Ms. Sanders for her support of Judge Johnson and stated that the Committee would work with Chief Judge Mares to schedule a meeting in the next two weeks to meet with the judges who were not recommended for reappointment. He added that upon the completion of that meeting, the Committee would return to the Council with a recommendation on their findings. Council Member Wheatfall expressed appreciation to Ms. Sanders for coming to the Council meeting and voicing her support of Judge Johnson. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15163 be approved and Ordinance Nos. 16901-04-2006 and 16902-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 10 of 21 G-15164 There was presented Mayor and Council Communication No. G-15164 from Ord. No. 16903- the City Manager recommending that the City Council adopt an ordinance 04-2006 reappointing Charles F. Berger, Andrew Bradshaw, Ann Y. Collins, Faye R. Reappoint Harden, Nelda F. Harris, Carla G. Kelman, Nancy A. Magee, Nemuel E. Pettie, Substitute Nancy E. Strickland, Patricia L. Summers and Edward B. Valverde as substitute Municipal Judges Municipal Judges for a one-year term commencing April 1, 2006, and ending March 31, 2007, or until a successor is qualified and appointed in accordance with state law. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15164 be approved and Ordinance No. 16903-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15165 accept the Fiscal Year 2006 Byrne Justice Assistance Grant and approve Ord. No. 16904- Interlocal Agreements with Tarrant County, Arlington, Hurst, Haltom City and 04-2006 North Richland Hills for the City of Fort Worth to serve as the cognizant fiscal FY 2006 Byrne agency. Mayor Moncrief opened the public hearing and asked if there was Justice Assistance anyone present desiring to be heard. Grant Deputy Police Chief Pat Kneblick, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15165, as follows: There was presented Mayor and Council Communication No. G-15165 from the City Manager recommending that the City Council: 1. Hold a public hearing to allow public comment to fulfill grant application requirements; 2. Apply for and accept, if awarded, the Fiscal Year 2006 Byrne Justice Assistance Grant in the amount of$444,794.00, for a period of October 1, 2005, through September 30, 2009; 3. Approve an Interlocal Agreement to have the City of Fort Worth serve as the cognizant fiscal agency on this grant for Tarrant County, Arlington, Haltom City, Hurst and North Richland Hills; 4. Authorize the use of anticipated interest in the amount of $10,000.00; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 11 of 21 5. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$454,794.00, subject to receipt of the Fiscal Year 2006 Byrne Justice Assistance Grant from the U.S. Department of Justice, for the purpose of funding an Interlocal Agreement with Tarrant County, Arlington, Hurst, Haltom City and North Richland Hills. There being no one present in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15165 be approved and Appropriation Ordinance No. 16904-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15166 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-002, Amend Master to delete the proposed extension of Las Vegas Trail, north of Loop 820. Mayor Thoroughfare Moncrief opened the public hearing and asked if there was anyone present Plan, MT-06-002, desiring to be heard. to Delete Extension of Las Mr. Mark Rauscher, Planning and Development Manager, Transportation and Vegas Trail Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15166, as follows: There was presented Mayor and Council Communication No. G-15166 from the City Manager recommending that the City Council hold a public hearing concerning the adoption of the proposed amendment to the Master Thoroughfare Plan; and close the public hearing and adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-002, to delete Las Vegas Trail, north of Loop 820. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15166 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 12 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15167 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-003, Amend Master to delete a portion of West Vickery Boulevard. Mayor Moncrief opened the Thoroughfare public hearing and asked if there was anyone present desiring to be heard. Plan, MT-06-003, to Delete Portion Mr. Mark Rauscher, Planning and Development Manager, Transportation and of West Vickery Public Works Department, appeared before Council, gave a staff report and Boulevard called attention to Mayor and Council Communication No. G-15167, as follows: There was presented Mayor and Council Communication No. G-15167 from the City Manager recommending that the City Council hold a public hearing concerning adoption of the proposed amendment to the Master Thoroughfare Plan; and close the public hearing and adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-003, to delete a portion of West Vickery Boulevard between Henderson Street and North Main Street. There being no one present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-15167 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15168 approve a permit for a High Impact gas well near Dun Horse Drive in the Permit for High Sendera Ranch Subdivision (GW-002-005). Mayor Moncrief opened the public Impact Gas Well hearing and asked if there was anyone present desiring to be heard. (GW-002-005) Mr. Tom Edwards, Gas Well Inspector for the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15168, as follows: There was presented Mayor and Council Communication No. G-15168 from the City Manager recommending that the City Council hold a public hearing regarding approval of a High Impact gas well permit; and close the public hearing and approve the High Impact gas well permit request of Devon Energy to allow the drilling of the B-12H and B-13D gas wells on the P-Pad (Drill Site 16) and the Villa Blakley Lease, near Dun Horse Drive in Sendera Ranch Subdivision, amended gas well case GW-002-005. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 13 of 21 Gilbert Horton Mr. Gilbert A. Horton, 408 Park West Court, Decatur, Texas, representing Devon Energy, appeared before Council in support of the gas well permit. He stated that this request was similar to the high impact gas well permit approved by the Council on September 6, 2005. He added that the company was basically drilling on Sendera Ranch where they had restricted themselves with a joint agreement with the mineral owners and the surfaced developer to limit the drilling to designated pads. He further stated that the company would comply with the proposed recommendations of the Gas Well Task Force relative to noise abatement and landscaping requirements. Council Member Espino stated that he had not received any letters or telephone calls in opposition of this gas well. He expressed appreciation to Devon Energy for working with City staff and with the proposed regulations of the Gas Well Task Force and for working with the neighborhood to minimize disruption. There being no one else present in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-15168 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks casting the descending vote. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15169 approve a permit for a High Impact gas well located at the northwest corner of Permit for High Keller Hicks and Old Denton Roads (GW-005-016). Mayor Moncrief opened Impact Gas Well the public hearing and asked if there was anyone present desiring to be heard. (GW-005-016) Mr. Tom Edwards, Gas Well Inspector for the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15169, as follows: There was presented Mayor and Council Communication No. G-15169 from the City Manager recommending that the City Council hold a public hearing regarding approval of a High Impact gas well permit; and close the public hearing and approve the High Impact gas well permit request of Devon Energy to allow the drilling permit case (GW-005-016) at the northwest corner of Keller Hicks and Old Denton Roads. Gilbert Horton Mr. Gilbert A. Horton, 408 Park West Court, Decatur, Texas, representing Devon Energy, appeared before Council in support of the gas well permit. He reiterated Devon Energy's commitment to comply with the recommendations of the Gas Well Task Force relative to noise abatement and landscaping CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 14 of 21 requirements. He made a slight alteration to Mr. Edwards's summary and stated that the 420-foot structure to the southeast was an electric substation and not a residence; that the only residences were the eight located directly south of the well site. At the request of Council Member Wheatfall, he read the notification letter sent to residents who would be impacted by the drilling and stated there were eight residences within 600 feet of the well and one residence within 603 feet of the well. Ms. Susan Alanis, Deputy Director, Development Department, also read the notification letter sent by the City staff. Council Member Wheatfall expressed concern that the notification letters did not clarify and explain what a high impact gas well was to the residents within the 600 feet. He added that the notification letter needed to be more forthcoming and specifically identify that a high impact well would be operating in the vicinity and what it was exactly. Council Member Espino stated that he had not received any communication in opposition of this gas well. He added under Texas Law, the City followed the rule of capture; a mineral estate owner had the right to develop their mineral estate and that the surface estate was subservient. He added that the City Council was working to find the right balance, which was why the Gas Well Task Force was created. There being no one else present in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-15169 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks casting the descending vote. G-15170 There was presented Mayor and Council Communication No. G-15170 from Reimbursement of the City Manager recommending that the City Council authorize the payment of Relocation $10,000.00 to the Law Office of Terry K. Fleming, PC, located at 4507 West Expenses for Law Vickery and Block 1, Lot 1, Factory Place Addition in the Vickery Corridor, Office of Terry K. Parcel Number 87-1-A1, as relocation benefits in accordance with Uniform Fleming, PC, for Relocation Assistance and Real Property Acquisition Policies Act of 1970 for Southwest the right-of-way for the Southwest Parkway (S.H. 12 1) (DOE 3777). Parkway Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15170 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 15 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14184 authorize conversion of Oakmont Linear Park for the subsurface drilling and Convert Oakmont extraction of natural gas from an off site location. Mayor Moncrief opened the Linear Park for public hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Extraction of Services Department, appeared before Council, gave a staff report and called Natural Gas attention to Mayor and Council Communication No. L-14184, as follows: There was presented Mayor and Council Communication No. L-14184 from the City Manager recommending that the City Council: 1. 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; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 34.88 acres of land situated in Oakmont Linear Park, located in the J. Heath Survey, Abstract No. 641 and being all of Lot 5 and a portion of Lot 2, Block C, River Hills Phase I, and being a portion of Lot 4, Block 2, Rall Ranch Addition, Tarrant County, Texas. Mayor Pro tem Silcox stated that over 100 people attended the public meeting on subsurface drilling on this site. He asked City Manager Boswell to have staff review the wording of "conversion of parkland" as it was confusing to some of the residents. He added that verbiage should be added that would explain that the surface parkland would not be affected. City Manager Boswell stated that staff would review the wording. Council Member Wheatfall reminded City staff to ensure the appropriate Minority/Women Business Enterprise participation was made part of the contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 16 of 21 There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. L-14184 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2671 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. PZ-2671, Adopt an Ordinance Vacating a Portion of West Terrell Avenue Located Adjacent to Lot 1R1, Block 1, Vandervoort Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, as Recorded in Cabinet B, Slide 2643 PRTCT, Containing Approximately 25,136 Square Feet, or 0.58 Acres, be withdrawn from consideration. C-21408 There was presented Mayor and Council Communication No. C-21408 from the Ord. No. 16905- City Manager recommending that the City Council: 04-2006 McClendon 1. Authorize the transfer of $1,570,126.00 from the Water and Sewer Construction Co., Operating Fund to the Water Capital Projects Fund in the amount of Inc. $616,937.00 and Sewer Capital Projects Fund in the amount of $953,189.00; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $616,937.00 and the Sewer Capital Projects Fund in the amount of $953,189.00 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc., for pavement reconstruction and water and sanitary sewer main replacement on Cockrell Avenue from Southwest Loop 820 to Rutland Avenue, Odessa Avenue (Southwest Loop 820 to Wosley Drive), Wedgmont Circle North from Wilkie Way to Whitman Avenue and Wessex Avenue from Welch Avenue to Wedgmont Circle North(2004 CIP Project No. 00023); and 3. Authorize the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $2,609,645.00 for pavement reconstruction and water and sanitary sewer main replacement on Cockrell Avenue from Southwest Loop 820 to Rutland Avenue, Odessa Avenue from Southwest Loop 820 to Wosley Drive, Wedgmont Circle North from Wilkie Way to Whitman Avenue and Wessex Avenue from Welch Avenue to Wedgmont Circle North (Project No. 00023). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 17 of 21 Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21408 be approved and Appropriation Ordinance No. 16905-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21409 There was presented Mayor and Council Communication No. C-21409 from the Ord. No. 16906- City Manager recommending that the City Council: 04-2006 Jackson 1. Authorize the transfer of $877,743.00 from the Water and Sewer Construction, Ltd. Operating Fund to the Water Capital Projects Fund in the amount of $352,735.00 and Sewer Capital Projects Fund in the amount of $525,008.00; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $352,735.00 and the Sewer Capital Projects Fund in the amount of $525,008.00 from available funds for the purpose of funding a contract with Jackson Construction, Ltd., for pavement reconstruction and water and sanitary sewer main replacement on Northwest 24th Street (McKinley Avenue to Hanna Avenue), Northwest 27th Street (Robinson Street to West Dead End) and Northwest 26th Street (Pearl Avenue to Loving Street) (City Project No. 00015); and 3. Authorize the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $1,605,000.00 for pavement reconstruction and water and sanitary sewer main replacement on Northwest 24th Street (McKinley Avenue to Hanna Avenue), Northwest 27th Street (Robinson Street to West Dead End) and Northwest 26th Street(Pearl Avenue to Loving Street) (Project No. 000 15) Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21409 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21410 There was presented Mayor and Council Communication No. C-21410 from the David Bruce City Manager recommending that the City Council approve a five-year Sampley Municipal Property Tax Abatement for property located at 1328 South Lake Street owned by David Bruce Sampley in the Magnolia Village Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with David Bruce Sampley are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 18 of 21 Agreement with David Bruce Sampley, for the property located at 1328 South Lake Street in the Magnolia Village Neighborhood Empowerment Zone in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Hicks requested further clarification on this request. Council Member Davis provided details and stated that Mr. Sampley was building a residence at this location. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21410 be approved. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-307 It appeared that the City Council, at its meeting of February 14, 2006, Denied continued the hearing of the application of Louie Ruiz for a change in zoning of property located at 2401 and 2409 Vaughn Boulevard from "E" Neighborhood Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC- 05-307. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Louie Ruiz, Council Member Wheatfall made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-05-307 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. Zoning Hearing It appeared to the City Council that the Notice of Public 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 Commercial Recorder, the official newspaper of the City of Fort Worth, on March 22, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-076 Mr. Eric Robinson, 930 West 1st Street, Suite 201, representing Innovative SP-06-009 Developers, Inc., appeared before Council in support of the zoning change. He Approved summarized the zoning change and stated that he had attempted to contact Eric Robinson several homeowners in the area and received no opposition to the proposed use for the property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 19 of 21 A lengthy conversation ensued whereby Mr. Robinson responded to inquiries from the Council relative to security of the property, signage, removal of the red neon lighting on the roof, fencing, trash, and a site plan being waived for the possibility of a mini-warehouse development. He stated that two employees would be present at the facility during operating hours and the doors to the tunnel of the automatic car wash would be closed when the facility was not in operation. He added that no fencing was anticipated as the north side of the property was in a 100-year floodplain but they would probably have retaining walls on that portion of the property. He further stated there was approximately three to four acres of land between this property and Fossil Ridge High School and there was no lobby or concessions on the property to attract students. He stated that a monument sign would be on the corner of North Beach and the private access road and that the facility was a state-of-the-art facility. He added that the red neon had been used on other facilities with no adverse affect. He assured the Council that mini-warehouses would not be on the property. Council Member Espino stated that the concern about the neon lights on the building was very valid and asked staff if Council could approve the zoning with the elimination of the neon lighting. Mr. John Garfield, representing the Development Department, advised that this was Planned Development zoning and Council could make any restriction on the facility they desired. However, he added that the developer was entitled to have 15 percent of the facade as signage, but that the lighting on the sign could be eliminated. Council Member Espino made a motion, seconded by Council Member Wheatfall, that the application of Beach-North Tarrant, Ltd., for a change in zoning of property located in the 8400 block of North Beach Street from "PD- 536" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus mini warehouse to include a car wash, and with site plan required, Zoning Docket No. ZC-06-076 and Site Plan No. SP-06-009, be approved with the elimination of neon lighting on the sign. Council Member Jordan raised concern that the language of the Planned Development reflected "...commercial, plus mini-warehouse to include a car wash..." and that the body of the report stated that the "...site plan for the mini- warehouse was waived". He requested City staff clarify that if the Council approved this zoning as written, then by right the developer could come back and build a mini-warehouse at a later date without a site plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18, 2006 PAGE 20 of 21 Mr. Garfield confirmed Council Member Jordan's comment and suggested that since the developer was not building a mini-warehouse on this parcel, but a mini-warehouse on the internal lot to the west of this parcel, that Council delete the mini-warehouse reference and make the zoning "PD-536" Planned Development/Specific Use for uses in "E" Neighborhood Commercial plus car wash. Council Member Davis also requested clarification of the City staff's comments as reflected in the Zoning Commission minutes on "FR' zoning for this site and the requirement for a masonry screening wall. Mr. Garfield explained what was intended by the staff's comments. Council Member Espino amended the main motion, and Council Member Wheatfall seconded the amendment, that the application of Beach-North Tarrant, Ltd., for a change in zoning of property located in the 8400 block of North Beach Street from "PD-536" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus a car wash, and with site plan required, Zoning Docket No. ZC-06-076 and Site Plan No. SP-06-009, be approved by deleting the mini-warehouse reference and make the zoning "PD- 536" Planned Development/Specific Use for uses in "E" Neighborhood Commercial plus car wash. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief called for the question on the main motion and the motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-078 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Maim Group, L.P., for a change in zoning of property located at 914 Lipscomb Street from "E" Neighborhood Commercial to "MU- 1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-078, 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 Davis made a motion, seconded by Mayor Pro tem Silcox, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 18,2006 PAGE 21 of 21 ORDINANCE NO. 16907-04-2006 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. Item XV Ms. Tommie Henton, 5017 Wilmington Drive, appeared before Council relative Citizen to motorists driving without car insurance. She stated that she and her son had Presentations recently been involved in an accident and her father had been involved in an accident in March 2005 and in both instances, the operators of the vehicles were driving without the required insurance. She added that the City needed to do something about uninsured motorists. She commended the response times of the Fire Department and Medstar Ambulance Service at the time of her accident. Agenda Item XVII There being no further business, the meeting was adjourned at 11:30 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 25th day of April, 2006. Attest: Approved: Marty H rix Michael J. oncrie City Secretary Mayor