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HomeMy WebLinkAbout2006/06/13-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 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 Donavan Wheatfall, 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 7:35 p.m. on Tuesday, June 13, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Dr. Michael Dean, Travis Avenue Baptist Church. 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 Wheatfall, the minutes of the regular meeting of June 6, 2006, and the Joint Minutes Meeting with Crowley Independent School District of June 1, 2006, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V There were no special presentations. Special Presentations Agenda Item VI Council Member Espino announced that it was a very busy weekend in the City Announcements with the Nascar races at Texas Motor Speedway and the Democratic State Convention both taking place. He also expressed appreciation to his wife, Elizabeth, for her support and stated that they celebrated their 18th wedding anniversary June 11, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 2 of 29 Council Member Wheatfall announced that a Concert in the Park would be held on June 16, 2006, from 7:30 p.m. to 11:00 p.m. at the MLK Center. He also announced that the City's Juneteenth celebration would be conducted in the Council Chamber on June 16, 2006, at noon. Mayor Pro tem Hicks expressed appreciation to Carl Smart, Code Compliance Department Director, and the Code Compliance staff for going out to southeast Fort Worth to meet with pastors to get them involved with the Southside Pride Initiative to clean up that area of the City. She also announced that relative to the Juneteenth celebration, a number of activities would be held in District 8 on June 17, 2006. She stated that starting at Hillside there would be the rededication of that facility at 10:00 a.m. and then a parade that evening down Evans. She encouraged everyone to attend the celebration. Council Member Jordan announced that he and his wife celebrated their 36th wedding anniversary Friday, June 9, 2006. Council Member Silcox acknowledged the attendance of Boy Scouts from Troop 42, Longhorn Council, in the audience who attended the meeting to work towards their Communication badge. He also acknowledged the efforts of Ms. Patsy Lemons, Citizens on Patrol member, for organizing a garage sale to benefit the Police and Firefighters Memorial fund. He stated that she raised $1,001.00 for the fund and expressed appreciation for her contribution. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15223 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Davis, 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-1560 M&C OCS-1560 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 3 of 29 G-15227 M&C G-15227 - Adopting Resolution No. 3362-06-2006 authorizing up to an Res. No. 3362-06- additional $15,000.00 to be paid to Whitaker, Chalk, Swindle & Sawyer, 2006 L.L.P., to aid the City in the land acquisitions, including condemnation work, Increase for the relocation of FM 156. Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P. G-15228 M&C G-15228 - Authorizing the transfer of $150,000.00 from the General Ord. No. 16977- Fund to the Critical Capital Projects Fund; and adopting Appropriation 06-2006 Ordinance No. 16977-06-2006 increasing estimated receipts and appropriations Hyde Park Transit in the Critical Capital Projects Fund in the amount $150,000.00 from available Plaza Project funds, for the purpose of funding the Hyde Park Transit Plaza project. G-15229 M&C G-15229 - Adopting the Citizen Advisory Committee's Semi-Annual Citizen Advisory Progress report concerning the status of the Water and Wastewater Impact Fees. Committee's Semi-Annual Progress Report P-10399 M&C P-10399 - Authorizing a sole source purchase of two Original Equipment OEM Flowserve/ Manufacturer (OEM) Flowserve/Worthington non-clog sewage pumps at a unit Worthington Non- price of$47,249.00 from Oslin Nation Company for the Water Department for Clog Sewage a total amount not to exceed $94,498.00. Freight is included and payment is Pumps due 30 days after receipt of the invoice. P-10400 M&C P-10400 - Authorizing the sole source purchase of new Bayonet Breakers Bayonet Breakers from Rental Equipment Contractor Supplies, Incorporated, and a Hydraflo and Hydraflo Mobile Submersible Pump from Pump & Power Equipment Company for the Mobile Water Department as listed below for a cost not to exceed $110,813.00 with Submersible payment due 30 days from the invoice date. Freight is included in the unit Pump price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 4 of 29 Otv. &Description Unit Price Extended Total Rental Equipment Contractor Supplies 2 ea. Bayonet Breakers $21,924.00 $ 43,848.00 Pump &Power Equipment Company 1 ea. Hydraflo Mobile Submersible $ 66,965.00 Pump Total $110,813.00 P-10401 M&C P-10401 - Authorizing a sole source purchase agreement for Taser X26 Taser X26 Stun stun guns and accessories with GT Distributors for the Police Department with Guns and payment due 30 days from the date of the invoice; and authorizing the Accessories agreement to begin June 13, 2006, and expire June 12, 2007. P-10402 M&C P-10402 - Authorizing the purchase of an Uninterrupted Power Supply Uninterrupted from Power Supersite, Inc., a General Services Administration Vendor, for the Power Supply Information Technology Solutions Department at a cost not to exceed $50,930.00, with payment due 30 days after receipt of invoice. C-21498 M&C C-21498 - Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, L.L.C. (West Fork), Pipeline Company, that grants West Fork license to use certain public rights-of-way of the City of L.L.C. Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21499 M&C C-21499 - Authorizing the City Manager to enter into a Consent Marvin Waltz Agreement (for Homeowner) with Marvin Waltz authorizing continued use of the right-of-way for encroachments for the property addressed at 3300 NW 26th Street. C-21500 M&C C-21500 - Authorizing the City Manager to enter into an Encroachment XTO Energy, Inc. Agreement with XTO Energy, Inc., authorizing use of the right-of-way for various encroachments at 110 West 7th Street. C-21501 M&C C-21501 -Recommending that the City Council: Ord. No. 16978- 06-2006 1. Adopt Appropriation Ordinance No. 16978-06-2006 increasing Ord. No. 16979- appropriations in the Culture and Tourism Fund in the amount of 06-2006 $455,146.00 and decreasing the unreserved, undesignated fund Tri-Tech balance by the same amount, for the purpose of transferring said Construction, Inc. funds to the Specially Funded Capital Projects Fund to execute a contract with Tri-Tech Construction, Inc., for Storm Drain Improvements on 14th Street, Throckmorton Street and Houston Street; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 5 of 29 2. Authorize the transfer of$455,146.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt Appropriation Ordinance No. 16979-06-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $455,146.00 from available funds for the purpose of funding a contract with Tri-Tech Construction, Inc., for Storm Drain Improvements on 14th Street, Throckmorton Street and Houston Street; 4. Authorize the City Manager to execute a contract with Tri-Tech Construction, Inc., in the amount of $395,425.00 for Storm Drain Improvements on 14th Street, Throckmorton Street and Houston Street. C-21502 M&C C-21502 - Authorizing the transfer of $163,372.00 from the Water and Ord. No. 16980- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 06-2006 $105,563.00 and Sewer Capital Projects Fund in the amount of $62,809.00; Stream Water adopting Appropriation Ordinance No. 16980-06-2006 increasing estimated Group, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $105,563.00 and the Sewer Capital Projects Fund in the amount of $62,809.00 from available funds for the purpose of funding an Engineering Agreement with Stream Water Group, Inc., for Water and Sanitary Sewer Replacement Contract 2005 WSM-A; and authorize the City Manager to execute an Engineering Agreement with Stream Water Group, Inc., in the amount of $150,546.00 for Water and Sanitary Sewer Replacement on portions of Jasper Street, Beaumont Street and Northside Drive, Contract 2005 WSM-A. C-21503 M&C C-21503 - Authorizing the City Manager to execute a contract with JLB JLB Contracting, Contracting, LP, in the amount of $741,600.10 for HMAC Surface Overlay LP 2006-6 at various locations. C-21504 M&C C-21504 - Authorizing the City Manager to execute a Cost Ord. No. 16981- Reimbursement Agreement with the United States Attorney's Office for the 06-2006 Northern District of Texas to assist in conducting law enforcement activities United States under the Public Housing Safety Initiative; and adopting Appropriation Attorney's Office Ordinance No. 16981-06-2006 increasing estimated receipts and appropriations for the Northern in the General Fund in the amount of$69,981.77 subject to execution of a Cost District of Texas Reimbursement Agreement with the United States Attorney's Office, Northern District of Texas, for the purpose of funding overtime and surveillance equipment in the Police Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 6 of 29 C-21505 M&C C-21505 -Recommending that the City Council: Ord. No. 16982- 06-2006 1. Authorize the City Manager to submit the following grant applications North Central to the North Central Texas Council of Governments (NCTCOG) for the Texas Council of purpose of funding projects in the following amounts: Governments Environmental Management Department (DEM) a) "Household Hazardous Waste Disposal and Education Grant" - $184,000.00 b) "Web game about household hazardous waste" - $23,000.00 c) "Used TV Recycling" -$200,000.00 d) "Theater Ad featuring Captain Crud and the Buddies" - $44,000.00 Code Compliance Department e) "Handheld Electronic Solid Waste, Recycling and Illegal Dumping Education, Tracking and Enforcement" - $125,000.00 2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded; 3. Authorize the use of $4,162.00, $20,592.00 and $76,200.00 respectively, from the Solid Waste, Environmental Management and Information Systems Fund as in-kind matching funds for these grants; and 4. Adopt Appropriation Ordinance No. 16982-06-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $676,954.00, subject to receipt of grants from the North Central Texas Council of Governments, for the purpose of funding various programs in the Environmental Management and Code Compliance Departments. C-21506 M&C C-21506 - Authorizing the City Manager to execute a contract with Ord. No. 16983- Ponce Contractors, Inc., for asbestos abatement services of Harley Service 06-2006 Center structures in the amount of $36,324.25; approving the transfer of Ponce $36,324.25 in undesignated funds in the Environmental Management Operating Contractors, Inc. Fund to the Environmental Management Project Fund; and adopting Appropriation Ordinance No. 16983-06-2006 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $36,324.25 from a transfer from the Environmental Management Operating Fund, for the purpose of funding a contract with Ponce Contractors, Inc., for asbestos abatement services at Harley Service Center structures. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 7 of 29 The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Council Member Presentations by Wheatfall that Mr. George Petrovich, Jr. be appointed to the Board of City Council Adjustment effective June 13, 2006, with a term expiring October 1, 2008. The Appointments motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Ms. Cynthia Mass be appointed to the Crime Control and Prevention District effective June 13, 2006. 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—REPORT OF THE CITY MANAGER G-15213 There was presented Mayor and Council Communication No. G-15213, dated Res. No. 3363-06- May 23, 2006, from the City Manager recommending that the City Council 2006 adopt a resolution providing that the City of Fort Worth elects to be eligible to Participate in Tax participate in tax abatement pursuant to the Texas Property Redevelopment and Abatement and Tax Abatement Act, Tax Code, Chapter 312, Sections 312.001 through 312.211 Adopt Tax as amended; and establish a Tax Abatement Policy, including guidelines and Abatement Policy criteria, governing property tax abatements for the City of Fort Worth. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15213 be approved and Resolution No. 3363-06-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. G-15223 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15223, dated June 6, 2006, Adopt Appropriation Ordinances for Expenses Related to the Remodel of City Hall and City Hall Annex to Establish a Building Permit Center, Relocate the City Secretary Offices and Expand the Office Areas of the Mayor/Council and the Community Relations Department, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 8 of 29 G-15223 Amended There was presented Mayor and Council Communication No. G-15223 Ord. No. 16984- Amended from the City Manager recommending that the City Council adopt a 06-2006 supplemental appropriation ordinance increasing appropriations in the General Ord. No. 16985- Fund in the amount of $870,000.00 and decreasing the unreserved, 06-2006 undesignated fund balance by the same amount, for the purpose of transferring Remodel City Hall said funds to the Specially Funded Capital Projects Fund to remodel City Hall and City Hall and the City Hall Annex; authorize the transfer of $870,000.00 from the Annex to Establish General Fund to the Specially Funded Capital Projects Fund; and adopt an Building Permit appropriation ordinance increasing estimated receipts and appropriations in the Center, Relocate Specially Funded Capital Projects Fund in the amount of $870,000.00 from City Secretary available funds, for the purpose of funding the remodeling of City Hall and the Offices and City Hall Annex to establish a Building Permit Center, relocate City Secretary Expand Office Offices and expand office areas of Mayor/Council and Community Relations Areas of Department. Mayor/Council and Community Council Member Wheatfall made a motion, seconded by Council Member Relations Burdette, that Mayor and Council Communication No. G-15223 Amended be Department approved and Supplemental Appropriation Ordinance No. 16984-06-2006 and Appropriation Ordinance No. 16985-06-2006 be adopted. Council Member Silcox made reference to the $13M that had been earmarked for this remodeling project that was originally reflected in the withdrawn M&C. He made a substitute motion, seconded by Council Member Espino, that only $870,000.00 be expended from this year's budget. Mr. Robert Goode, Transportation/Public Works Department Director, clarified that the amended M&C only reflected the $870,000.00 expenditure for Fiscal Year 2006/2007. At this time, Council Member Espino withdrew his second of the substitute motion. Mayor Moncrief stated that the substitute motion failed for lack of a second. The original motion carried eight(8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. G-15226 It appeared that the City Council set today as the date for a public hearing to Ord. No. 16986- adopt an amendment to Article II of Chapter 15 "Gas Drilling and Production" 06-2006 to amend the distance setback requirements for high impact gas wells and Amend Article H revise the regulations related to notice provisions, noise mitigation, of Chapter 15 of landscaping, fencing and technical requirements. Mayor Moncrief opened the the City Code public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 9 of 29 Ms. Sarah Fullenwider, Assistant City Attorney, appeared before Council, gave a staff report. She advised the Council that the well setback from the outer surface boundary property line requirement had not been resolved and suggested the current 75 foot boundary line requirement remain unchanged and called attention to Mayor and Council Communication No. G-15226, as follows: There was presented Mayor and Council Communication No. G-15226, dated June 6, 2006, from the City Manager recommending that the City Council adopt an ordinance amending the Code of Ordinances of the City of Fort Worth, by amending Article 11 of Chapter 15, "Gas", entitled, "Gas Drilling and Production," regulating the drilling and production of gas wells within the City to provide revised regulations regarding distance, noise, and technical provisions. A lengthy conversation ensued amongst the Council and staff. Council Members expressed concern with compatibility of the ordinance with the Fire Code, noise decibel level, and alternatives for noise abatement until the August 1, 2006, date and ordinance provision effective date. Lee Nicol Mr. Lee Nicol, 3882 South Hills Circle, appeared before Council in support of the ordinance. He stated that the Gas Well Task Force held 22 meetings and the ordinance reflected compromises by all parties involved. He asked that the Council moved forward, approve the ordinance and address consequences as needed. Richard Dulaney Mr. Richard Dulaney, 3859 Black Canyon Road, appeared before Council in support of the ordinance. He stated that the gas wells placed money in the hands of the citizens and adds millions of dollars to the tax base. He encouraged the Council to have the drilling in as dense a pattern as possible in order to extract all of the minerals and he added gas well drilling is not that dangerous. Deborah West Ms. Deborah West, 14001 N. Dallas Parkway, Dallas, Texas, appeared before Council in support of the ordinance. She requested the Council consider extending the drilling operating hours to 8:00 p.m., having the ordinance become effective September 1, 2006, for the noise abatement aspect, and that the well setback from the surface boundary property line remain at 100 feet and not increased to 175 feet as proposed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 10 of 29 Gilbert Horton Mr. Gilbert Horton, 408 Park West Court, Decatur, Texas, representing Devon Energy Corporation, appeared before Council in support of the ordinance. He requested the Council provide more flexibility in gas well operating hours, reconsider the well setback requirement from the property line, and suggested leaving the 75 foot requirement in place until such time the issue was resolved by all concerned parties. Joel Ward Mr. Joel Ward, 2832 Claudette, Dallas, Texas, appeared before Council in support of the ordinance. He requested that the noise abatement aspect of the ordinance become effective September 1, 2006, and that two gas well inspectors be employed to ensure enforcement of the ordinance. Walter Dueease Mr. Walter Dueease, 810 Houston Street, representing XTO Energy, appeared before Council in support of the ordinance. He added that his company made every effort to mitigate noise at their wells and requested the compliance deadline be closer to September 1, 2006. He encouraged the Council to approve the ordinance and advised that a text amendment addressing the well setback from the surface boundary property line issue could be presented at Council meeting in the near future. Bob West Mr. Bob West, 301 Commerce Street, Suite 3500, appeared before Council in support of the ordinance. He predicted that gas well drilling would be performed under every neighborhood within the City in the future. He requested that the Council approve the ordinance as it would have an enormous impact on the quality of life of all Fort Worth citizens. Esther McElfish Ms. Esther McElfish, 7112 Martha Lane, appeared before Council in support of the ordinance. She stated that there was some confusion on the final version and requested that Council delay their vote for one week to allow the public to obtain clarification. She added that an adequate number of inspectors would be needed to ensure "Safety" first; that drilling operating hours not be allowed past 7:00 p.m.; and there be no drilling on Sundays. Diane Wood Ms. Diane Wood, 2308 Aster Avenue, appeared before Council in opposition of the ordinance. She expressed concern with misleading information from gas well representatives; emphasized gas drilling caused water contamination and global warming; and she pointed out the lack of any environmental impact studies being performed. She requested that anyone on the Council in the oil and gas business to recuse themselves from voting on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 11 of 29 Jeff Green Mr. Jeff Green, 4705 Wind Hill Court East, appeared before Council in opposition of the ordinance. He expressed concern that no economic studies on gas drilling had been performed and with contamination of ground water. He stated that a setback of 1,000 feet from a property line was a better choice than 100 feet. Sharen Hyde Ms. Sharen Hyde, 4705 Wind Hill Court East, appeared before Council in opposition of the ordinance. She stated that there was a lot of data presented on the ordinance; however, it was hard to understand. She added that the increase of the noise level to 10 decibels was 6 times the noise level not .25 more and expressed concern that there was no emergency management plan to address safety and no cap to ensure the City was staying within safe OSHA levels for noise. Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, President of the Chapel Creek Neighborhood Association, appeared before Council in opposition of the ordinance. He stated that there were gas wells located within a mile and a half of his neighborhood and that two subdivisions were planned for the area that would be within 200 feet of well pad sites. He stated that he was an advocate of building and drill setbacks of 600 feet and that the only time the City should subject the citizens to the minimum setback of 200 feet should be when the mineral rights owners and protected use residents had agreed and waivered to avail themselves of their mineral resource rights. He alleged that the newspaper misconstrued information on the 100 foot well setback from the property boundary line issue which panicked and confused some people and recommended that provision of the ordinance be tabled. He added that he was opposed to pad site permitting and recommended that the drilling setback remain at 600 feet. He further stated the consultants should be hired to perform studies and be paid for by the industry. He recommended that mud drilling pits should be reclamated within 120 days of initial drilling if another permit was not in place and expressed concern with salt water disposal wells. The Council deliberated with various suggestions being offered relative to delaying the effective date of the setback provisions, concerns with sound mitigation, delaying the public hearing for one more week, continuing the Gas Well Task Force to address the well setback from the property boundary line issues, daytime drilling operating hours, and moving forward with the education aspect for citizens. Council Member Davis proposed the following amendment to the ordinance: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 12 of 29 Add a new Section 8 to read as follows: "It shall be an affirmative defense to prosecution for violation of Section 15-42.13 of this ordinance for violations occurring before August 1, 2006, that the operator has taken all reasonable available measures to reduce noise and immediately, diligently and in good faith attempted to procure additional noise abatement equipment but was unable to do so through no fault or delay of the operator." There being no one else present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15226 be approved and Ordinance No. 16986-06-2006 be adopted as amended by Council Member Davis and with the language that stipulated the separate sound criteria for the fracing process, that the current language on the well setback of 75 feet from the property line be retained pending review and continued work by the Gas Well Task Force and the study of Mr. Behren's. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan expressed appreciation to members of the Gas Well Task Force and to Assistant City Attorney Sarah Fullenwider for all their work. (Council Member Espino stepped away from the dais.) G-15230 There was presented Mayor and Council Communication No. G-15230 from Res. No. 3364-06- the City Manager recommending that the City Council adopt a resolution 2006 appointing Council Member Danny Scarth to the Board of Directors of the Appoint Council following authorities and corporations effective June 13, 2006: Member Scarth to Boards of City's Corporation/Authority Term of Expiration Development and Fort Worth Local Development Corporation July 1, 2007 Improvement Sunbelt Industrial Development Corporation July 1, 2007 Authorities Trinity Housing Finance Corporation July 1, 2007 Alliance Airport Authority July 1,2007 Fort Worth Housing Finance Corporation July 1, 2007 Lone Star Airport Improvement Authority July 1, 2008 FW Lone Star Local Government July 1, 2007 Corporation Central City Local Government Corporation May 30,2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 13 of 29 Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15230 be approved and Resolution No. 3364-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15231 There was presented Mayor and Council Communication No. G-15231 from Ord. No. 16987- the City Manager recommending that the City Council authorize Amendment 06-2006 No. 2 to City Secretary Contract No. 28471 with Vanguard Resources, Inc., the Amendment No. 2 provider of food services at City Hall and increase the subsidy to Vanguard to CSC No. 28471 Resources, Inc., from $1,000.00 to $2,000.00 monthly, not to exceed for Increased $24,000.00 annually, beginning October 1, 2006, through the remainder of the Subsidy for City contract period ending March 24, 2008; approve the transfer of $33,334.63 Hall Cafeteria from the General Fund to the Special Trust Fund; and adopt an appropriation Operations ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $33,334.63 from available funds from a General Fund transfer, for the purpose of funding a subsidy increase and Amendment No. 2 to City Secretary Contract No. 28471 with Vanguard Resources, Inc., for City Hall cafeteria operations. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15231 be approved and Appropriation Ordinance No. 16987-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15232 There was presented Mayor and Council Communication No. G-15232 from Relocate Bridge & the City Manager recommending that the City Council authorize the payment of Associates d/b/a $20,000.00 to Bridge & Associates d/b/a Ann Cummings Bridge from 4425 Ann Cummings West Vickery, Suite 100 and Block 1, Lot 3 located in the Vickery Corridor, Bridge for Right- Parcel No. 87-Ala as relocation benefits in accordance with Uniform of-Way for Relocation Assistance and Real Property Acquisition Policies Act of 1970 for Southwest the right-of-way for the Southwest Parkway (S.H. 121) (DOE 3777). This Parkway payment is a total of the amount due to the business. (S.H. 121) Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15232 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 14 of 29 G-15233 There was presented Mayor and Council Communication No. G-15233 from Relocate Dietrich the City Manager recommending that the City Council authorize the payment of Bros. Lawn $20,000.00 to Dietrich Bros. Lawn Service, LLC, from 4117 West Vickery Service, LLC, for Boulevard and Block 4, Lots 9 through 13, Factory Place Addition located in Right-of-Way for the Vickery Corridor, Parcel No. 69C-1 as relocation benefits in accordance Southwest with Uniform Relocation Assistance and Real Property Acquisition Policies Act Parkway of 1970 for the right-of-way for the Southwest Parkway (S.H. 121) (DOE (S.H. 121) 3777). This payment is a total of the amount due to the business. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15233 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15234 There was presented Mayor and Council Communication No. G-15234 from Relocate the City Manager recommending that the City Council authorize the payment of Westbriar $20,000.00 to Westbriar Construction from 4117E West Vickery Boulevard and Construction for Block 4, Lots 9 through 13, Factory Place Addition located in the Vickery Right-of-Way for Corridor, Parcel No. 69-C-3 as relocation benefits in accordance with Uniform the Southwest Relocation Assistance and Real Property Acquisition Policies Act of 1970 for Parkway the right-of-way for the Southwest Parkway (S.H. 121) (DOE 3777). This (S.H. 121) payment is a total of all amount due to the business. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15234 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15235 There was presented Mayor and Council Communication No. G-15235 from Ord. No. 16988- the City Manager recommending that the City Council adopt an ordinance 06-2006 amending Section 13-27 of Chapter 13, "Fire Prevention and Protection", of the Amend Chapter Code of the City of Fort Worth (as amended), clarifying the terminology for 13, Section 13-27 providing for supplemental compensation in the form of assignment pay to of City Code firefighters who are assigned to perform specialized duties within the Fire Department; providing for elimination of eligibility for the category of Trainee Instructor; providing for supplemental compensation in the form of assignment pay for the category of Communications Chief, providing for elimination of eligibility for the category of Community Relations Chief, providing for supplemental compensation in the form of assignment pay for the category of Support Services Chief, providing for supplemental compensation in the form of assignment pay for the category of Hazardous Materials Responder - CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 15 of 29 Battalion Chief, providing for supplemental compensation in the form of assignment pay for the category of Public Educator; providing that this ordinance does not create a new civil service classification or vacancy; providing for adoption by reference of a statement of intent and purpose in adopting this ordinance. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15235 be approved and Ordinance No. 16988-06-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. G-15236 There was presented Mayor and Council Communication No. G-15236 from Res. No. 3365-06- the City Manager recommending that the City Council adopt a resolution in 2006 support of the application of GPI Interim, Inc., Sealy Shiloh, LP, and Texas Support Star Industrial Group, Ltd., to the Texas Commission on Environmental Quality Application for for a Municipal Setting Designation at 1101-1107 Pamela Drive, 1103-1109, Municipal Setting 1110, 1114 and 1118 South Airport Circle, and 1205 Texas Star Parkway, Designation for Euless, Texas, that is within one-half mile of the corporate limits of the City of Site Located in Fort Worth. City of Euless Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15236 be approved and Resolution No. 3365-06-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14203 There was presented Mayor and Council Communication No. L-14203 from the Sale of City- City Manager recommending that the City Council authorize the City Manager Owned Property to execute an option agreement to sell City fee-owned surplus property located at the northwest corner of Hemphill Street and Rosedale Street to Pennsylvania Avenue, L.P., in accordance with Chapter 272 of the Texas Local Government Code; and authorize the City Manager to execute an appropriate deed conveying the property to Pennsylvania Avenue, L.P., and record the deed, if the terms of the option are satisfied. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14203 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Espino returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 16 of 29 PZ-2683 There was presented Mayor and Council Communication No. PZ-2683 from the Voluntary City Manager recommending that the City Council grant a petition for the Annexation voluntary annexation of approximately 28.943 acres of land located east of (AX-06-004, The Boat Club Road, north of Haltom Bailey Boswell Road and south of Park Drive Parks at Boat (AX-06-004, The Parks at Boat Club) in Tarrant County. The adoption of the Club) annexation ordinance will follow at a later date. Council Member Burdette stated that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from discussion and voting on this issue. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2683 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette abstaining. Public Hearing It appeared that the City Council set today as the date for a public hearing for a C-21493 public hearing to approve termination of the existing Tax Abatement Ord. No. 16989- Agreement with Zarif, Inc., for Fort Worth Neighborhood Empowerment 06-2006 Reinvestment Zone No. 23, adopt an ordinance to designate Fort Worth Zarif, Inc. Neighborhood Empowerment Reinvestment Zone No. 29 and authorize Tax Abatement Agreement with Zarif, Inc., for property located at 2747-8th Avenue, in the Berry/University Neighborhood Empowerment Zone. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. John Cox, Development Project Coordinator for the Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C-21493, as follows: There was presented Mayor and Council Communication No. C-21493, dated June 6, 2006, from the City Manager recommending that the City Council: 1. Approve termination of the existing tax abatement agreement with Zarif, Inc., for Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ)No. 23; 2. Hold a public hearing concerning the designation of 1.371 acres of land as described in Exhibit "A" as FWNERZ Number 29; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 17 of 29 3. Adopt an ordinance repealing Ordinance No. 16634 and amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone No. 13 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone No. 29, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a Mechanism for renewal of the Zone; and containing other matter related to the Zone; 4. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with Zarif, Inc., are true and correct; 5. Approve a five-year Municipal Property Tax Abatement for a property located at 2747 8th Avenue in the Berry/University Neighborhood Empowerment Zone (NEZ) owned by Zarif, Inc.; and 6. Authorize the City Manager to enter into the Tax Abatement Agreement with Zarif, Inc., for the property located at 2747 8th Avenue in the Berry/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. C-21493 be approved and Ordinance No. 16989-06-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21507 There was presented Mayor and Council Communication No. C-21507 from the CUNA Mutual City Manager recommending that the City Council authorize the City Manager Insurance Society to execute the Tax Abatement Agreement with CUNA Mutual Insurance and Centreport Society; authorize the City Manager to execute the Tax Abatement Agreement Properties, Inc. with Centreport Properties, Inc.; and find that the statements set forth in the recitals of the Tax Abatement Agreements are true and correct; and authorize the City Manager to waive related development fees in excess of$15,000.00. City Manager Boswell stated that the first paragraph on page 2 needed to be amended to correct the figures reflected as follows: "CUNA will be required to employ a minimum 125 full-time employees (FTEs) on site by December 31, 2008, then 400 FTEs by December 31, 2009." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 18 of 29 Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21507 be approved as amended. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21508 There was presented Mayor and Council Communication No. C-21508 from the Ord. No. 16990- City Manager recommending that the City Council: 06-2006 U.S. Attorney for 1. Authorize the City Manager to apply for and accept, if awarded, a 3- the Northern year grant from the Office for Victims of Crime in the amount of District of Texas, $450,000.00 to support law enforcement efforts to identify and rescue Department of victims of human trafficking; Homeland Security, 2. Authorize the City Manager to transfer $50,000.00 per year for three Immigration and years from the Federal Awarded Assets Fund to the Grants Fund for the Customs City's match; Enforcement, and Mosaic Family 3. Authorize a Memorandum of Understanding between the U.S. Attorney Services, Inc. for the Northern District of Texas, Mosaic Family Services, Inc., the Department of Homeland Security, Immigration and Customs Enforcement, and the City to participate in the Northern Texas Anti- Trafficking Task Team, a task force of both governmental and non- governmental organizations from federal, state, regional and local entities to facilitate effective law enforcement cooperation between the aforementioned agencies to address victims of human trafficking; and 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$600,000.00, subject to receipt of the Human Trafficking Task Team Forces and Victim Services Grant from the U.S. Department of Justice, Office for Victims of Crime, for the purpose of funding efforts to identify and rescue victims of human trafficking by the Police Department. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21508 be approved and Appropriation Ordinance No. 16990-06-2006 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 19 of 29 C-21509 There was presented Mayor and Council Communication No. C-21509 from the One SR L.P., a City Manager recommending that the City Council authorize the City Manager Texas Limited to execute a Community Facilities Agreement with One SR L.P., a Texas Partnership by Limited Partnership by Centamtar Terrace, L.C.C., its General Partner, for the Centamtar installation of water and sewer services to serve Sendera Ranch, Phase 1, Terrace, L.C.C., Section 313, a future single-family home development, located in far northwest its General Fort Worth, Texas. Partner Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21509 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21510 There was presented Mayor and Council Communication No. C-21510 from the Joint Ordinance City Manager recommending that the City Council approve the Joint Ordinance No. 16991-06-2006 and Boundary Agreement with the City of Benbrook in conjunction with the City of Benbrook Skyline Ranch Development; authorize the Mayor to execute the Joint Ordinance and Boundary Agreement; authorize the City Manager to execute an Interlocal Agreement with the City of Benbrook related to the construction and maintenance of two bridges over Walnut Creek; and authorize the City Manager to execute a Memorandum of Understanding with Wilbow Skyline Development Corporation (the "Developer") to memorialize the Developer's commitment to pay for street repairs (if necessary) to Rolling Hills Drive as a result of construction traffic traveling to/from the Skyline Ranch Addition and costs associated with a traffic signal at FM 2871 should the Texas Department of Transportation determine that one is needed. Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21510 be approved and Joint Ordinance No. 16991-06-2006 be adopted, with appreciation to the Benbrook officials and City staff. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21511 There was presented Mayor and Council Communication No. C-21511 from the Ord. No. 16992- City Manager recommending that the City Council authorize the City Manager 06-2006 to execute a contract with Intercon Environmental, Inc., to remove underground Intercon and aboveground storage tanks at Harley Service Center with a not-to-exceed Environmental, amount of $188,781.00; approve the transfer of $188,781.00 in undesignated Inc. funds in the Environmental Management Operating Fund to the Environmental Management Project Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $188,781.00 from a transfer from the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 20 of 29 Environmental Management Operating Fund, for the purpose of funding a contract with Intercon Environmental, Inc., to remove underground and aboveground storage tanks at Harley Service Center. City Manager Boswell stated that the third paragraph on page 2 of the M&C needed to be amended to reflect Intercon Environmental, Inc.'s commitment to 45 percent M/WBE participation and not 41 percent. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21511 be approved and Appropriation Ordinance No. 16992-06-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21512 There was presented Mayor and Council Communication No. C-21512 from the Ord. No. 16993- City Manager recommending that the City Council: 06-2006 Ord. No. 16994- 1. Adopt a supplemental appropriation ordinance increasing appropriations 06-2006 in the Risk Management Fund in the amount of $50,000.00 and Res. No. 3366-06- decreasing the unreserved, designated fund balance by the same amount, 2006 for the purpose of transferring said funds to the General Fund to retain O'Melveny & the law firm of O'Melveny & Myers as outside counsel, to assist the Myers City Attorney in various matters concerning Public Law No. 96-192, § 29, 94 Stat. 35 (1980), "The Wright Amendment", and D/FW International Airport and to represent the City in litigation concerning such matters; 2. Authorize the transfer of $50,000.00 from the Risk Management Fund Balance to the General Fund in the amount of$50,000.00; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $50,000.00 from available funds, for the purpose of retaining the law firm of O'Melveny & Myers as outside counsel, to assist the City Attorney in various matters concerning Public Law No. 96-192, § 29, 94 Stat. 35 (1980), "The Wright Amendment", and D/FW International Airport and to represent the City in litigation concerning such matters; 4. Authorize the City Manager to retain the law firm of O'Melveny & Myers as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in various matters concerning Public Law No. 96-192, § 29, 94 Stat. 35(1980), "the Wright Amendment", and D/FW International Airport; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 21 of 29 5. Adopt the resolution fixing in advance, as far as practicable, the amount to be paid to O'Melveny & Myers in an amount not to exceed $50,000.00. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21512 be approved and Supplemental Appropriation Ordinance No. 16993-06-2006, Appropriation Ordinance No. 16994-06-2006 and Resolution No. 3366-06-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-306 It appeared that the City Council, at its meeting of February 14, 2006, SP-05-060 continued the Zoning Hearing of the application of Las Pulgas Bialando, Ltd., Continued Until et al., for a change in zoning of property located at 700 North University Drive, November 14, and 1101, 1115, 1209, 1221 and 1229 Jacksboro Highway from "B" Two- 2006 Family Residential; "F" General Commercial; and "I" Light Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "G" Intensive Commercial, excluding various uses as described below, and with site plan required, Zoning Docket No. ZC-05-306 and Site Plan No. SP-05-060: Hospice Nursing home Bar, tavern, cocktail lounge, club, private or teen Sexually oriented business Cold storage plant or ice plant Liquor store or package store (beer and wine sales permitted within the Wal-Mart Supercenter) Mini-warehouses Mortuary or funeral home Pawn shop Tattoo parlor Taxidermist shop Paint and body shop (automotive repair permitted within the Wal-Mart Supercenter) Garage, storage only Vehicle sales or rental, including automobiles, motorcycles, boats or trailers Trailer, portable sales, construction or storage CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 22 of 29 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 Las Pulgas Bialando, Ltd., et al., Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-05- 306 and Site Plan No. SP-05-060 be continued until November 14, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-021 It appeared that the City Council, at its meeting of May 9, 2006, continued the Continued Until Zoning Hearing of the application of Midway Industrial Trust for a change in July 11, 2006 zoning of property located in the 12000 block of Trinity Boulevard from "J" Medium Industrial to (Tract 1) "PD/SU" Planned Development/Specific Use for"R-2" Townhouse/Cluster Residential subject to the following, with no front entry garages, and with waiver of site plan recommended, and (Tract 2) "E" Neighborhood Commercial, Zoning Docket No. ZC-06-021: 1. Masonry: All dwelling structures located along and visible from the Texas Star Golf Course will have effectively 100 percent rear masonry, and 90 percent masonry on the ground floor of all structures, excluding windows, doors and small areas not designed or engineered for masonry; 2. Fencing: Will be constructed of tubular steel fencing material and installed along the common property boundary lines contiguous with the Subject Property and Texas Star Golf Course. Fencing will not be less than 4-feet in height, and shall be painted black or dark brown in accordance with customary industry standards; 3. Minimum Square Footage: Dwelling units in the various structures (individual pods) will have a minimum size of 1,250 square feet of living area, excluding garage, porches, and patios, the 1,250 square-feet units will be limited to a maximum of one such unit per pod, all other units will have a minimum size of 1,450 square-feet living area, excluding garages, porches, and patios; 4. Garages: All dwelling units will have two (2) car, front entry garages; and 5. Maximum Dwelling Units Per Structure: No individual dwelling units will exceed a maximum of six (6) attached dwelling units. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 23 of 29 There being no one present desiring to be heard in connection with the application of Midway Industrial Trust, Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06- 021 be continued until July 11, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Jordan stepped away from the dais.) ZC-06-075 It appeared that the City Council, at its meeting of May 9, 2006, continued the Approved Zoning Hearing of the application of Rodney Brown for a change in zoning of property located at 4201 Hemphill Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus outside storage of three containers, and with waiver of site plan recommended, Zoning Docket No. ZC-06-075. 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 Rodney Brown, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Zoning Docket No. ZC-06-075 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-081 It appeared that the City Council, at its meeting of May 9, 2006, continued the Approved Zoning Hearing of the application of 2006 Country Heather, L.P., for a change in zoning of property located in the 7600 through 7700 blocks of Forest Hill Drive from "M-H" Manufactured Housing to "A-R" One-Family Residential Restricted, Zoning Docket No. ZC-06-081. 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 2006 Country Heather, L.P., Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC--06081 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-088 It appeared that the City Council, at its meeting of May 16, 2006, continued the Ord. No. 16995- Zoning Hearing for Zoning Docket No. ZC-06-088, Text Amendment for 06-2006 natural gas compressors. Mayor Moncrief opened the public hearing and asked Approved if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 24 of 29 There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-088 be approved, and the following ordinance be adopted with the amendment as discussed in the Pre-Council Worksession: ORDINANCE NO. 16995-06-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 5.139 "UTILITY TRANSMISSION TOWER OR DISTRIBUTION LINE" OF CHAPTER 5, ARTICLE 1, "SUPPLEMENTAL USE STANDARDS", TO ADD REGULATIONS FOR NATURAL GAS COMPRESSOR STATIONS; TO AMEND SECTION 4.803, NONRESIDENTIAL DISTRICT USE TABLE UNDER "PUBLIC AND CIVIC USES, UTILITIES", TO INCLUDE NATURAL GAS COMPRESSOR STATIONS UNDER THE HEADING "ELECTRIC POWER SUBSTATIONS" AND TO ADD REFERENCES TO THE SUPPLEMENTAL STANDARDS. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. Regular Zoning It appeared to the City Council that Resolution No. 3349-05-2006 was adopted Hearing on May 23, 2006, setting 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 May 25, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-093 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Mohammad S. Iqbal for a change in zoning of property located at 1513 Homan Avenue from "PD-233" Planned Development for washateria, food store, barber shop to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, excluding the following, and with waiver of site plan recommended, Zoning Docket No. ZC-06-093, be approved: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 25 of 29 Stealth Telecommunications Tower Telecommunications antenna (on structure) Utility transmission or distribution line Amusement, outdoor Theater, movie theater or auditorium Recreational vehicle (RV) park Pawn Shop Tattoo parlor Check Cashing Services Liquor Store Garage Parking Area The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-096 Council Member Davis made a motion, seconded by Council Member Silcox, Approved that the application of John Special for a change in zoning of property located 408, 412 Wall Street and 1203, 1205, 1215 East Peach Street from "D" High Density Multi-Family Residential and "J" Medium Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-096, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-098 Council Member Scarth made a motion, seconded by Council Member Approved Wheatfall, that the application of Tiggator Corp., for a change in zoning of property located in the 5900 block of East 1st Street from "C" Medium Density Multi-Family Residential to"AG" Agricultural, Zoning Docket No. ZC-06-098, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-100 Council Member Davis made a motion, seconded by Council Member Approved Wheatfall, that the application of Tarrant County for a change in zoning of property located at 114 North Commerce Street from "H/DD" Central Business District/Demolition Delay to "H" Central Business District, Zoning Docket No. ZC-06-100, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-101 Council Member Davis made a motion, seconded by Council Member Silcox, Approved that the application of First Christian Church for a change in zoning of property located at 604 (612) Throckmorton Street from "H/DD" Central Business District/Demolition Delay to "H/HC" Central Business District/Historic & CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 26 of 29 Cultural Landmark Overlay, Zoning Docket No. ZC-06-101, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-102 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Dominga Corbin for a change in zoning of property located at 1426 North Main Street from "J/DD" Medium Industrial/Demolition Delay to "J/HC" Medium Industrial/Historic and Cultural Landmark Overlay, Zoning Docket No. ZC-06-102, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-06-103 Council Member Davis made a motion, seconded by Council Member Silcox, Approved that the application of Stuart and Gabriela Thomas for a change in zoning of property located at 1412 Mistletoe Drive from "A-5/DD" One-Family Residential/Demolition Delay to "A-5" One-Family Residential, Zoning Docket No. ZC-06-103, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. (Council Member Jordan returned to his chair at the dais.) ZC-06-104 Council Member Davis made a motion, seconded by Council Member Silcox, Approved that the application of the City of Fort Worth for a change in zoning of property located at 204 East Mason Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-104, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-06-092 Council Member Burdette made a motion, seconded by Council Member Approved/Denied Wheatfall, that the application of BOA Sorte, L.P., for a change in zoning of property located in the 10800 through 11400 block of White Settlement Road from "E" Neighborhood Commercial and "PD-48" Planned Development to A- 5" One-Family Residential, Zoning Docket No. ZC-06-092, be approved/denied, as follows: Approved: 10800 thru 11400 block of White Settlement Road; from "E" Neighborhood Commercial to "A-5" One-Family Residential CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 27 of 29 Denied: 10800 block of White Settlement Road; from "PD-48" Planned Development for all uses in "E" with six foot masonry fence to "A-5" One-Family Residential The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-089 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Denied With the application of Noble Bay Holdings, Inc., for a change in zoning of property Prejudice located at 1201 East Hattie Street from "F" General Commercial to "B" Two- Family Residential, Zoning Docket No. ZC-06-089, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-099 Council Member Silcox made a motion, seconded by Council Member Davis, Denied Without that the application of Tarrantula Investments for a change in zoning of Prejudice property located at 3900 US Highway 377 South from "PD-279" Planned Development to "PD-279" subject to office, retail sales and warehouse distribution center, and with waiver of site plan recommended, Zoning Docket No. ZC-06-099, be denied without prejudice. 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 Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13, 2006 PAGE 28 of 29 ORDINANCE NO. 16996-06-2006 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 Mr. Willie Hudspeth, 623 Newton, Denton, Texas, appeared before Council Citizen relative to the alleged treatment he had received from City personnel while Presentations trying to permit his business endeavor. He stated that he was given misinformation about air conditioning that resulted in him paying $500.00 for unneeded service. He added that he had been unable to get his business started because of the run around at City Hall, in particular the Development Department. Mayor Moncrief asked Mr. Hudspeth to meet with Mr. Bob Riley, Development Department Director and Assistant City Manager Dale Fisseler to resolve this issue. Mayor Pro tem Hicks advised Mr. Hudspeth that his property was in District 8 and that she would be happy to meet with him and discuss this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 13,2006 PAGE 29 of 29 Agenda Item XVII There being no further business,the meeting was adjourned at 9:45 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 201h day of June, 2006. Attest: Approved: Marty 4ndrix Mic ael J. Koncri e City Secretary Mayor