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HomeMy WebLinkAbout2006/06/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 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 7:04 p.m. on Tuesday, June 6, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Pastor Bruce Yancey, The Abiding Word Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of May 30, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Burdette presented a Proclamation for"Dump the Pump Day" Special to Mr. Dick Ruddell, President and Executive Director for The "T". Mr. Presentations Ruddell expressed appreciation for the proclamation and introduced Mr. Paul Geisel, Chairman of the"T" Board. Council Member Davis presented a Certificate of Recognition to the following former Board and Commission members: Mr. Daniel Villegas for his service on the Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment from September 23, 2003, through May 2, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 2 of 16 Ms. Sonyia Byrd for her service on the Civil Service Commission from December 10, 2002, through April 4, 2006. Mr. Gregory Scott, Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment, August 30, 2005, through May 2, 2006. Mr. Steve Montgomery, City Plan Commission, June 10, 2003, through April 11, 2006. Council Member Davis also recognized the following individuals who were not present to receive their certificates for their service on the board/commission as indicated: Mr. Santiago Salinas, Dallas/Fort Worth International Airport Board, September 6, 2000, through May 9, 2006. Ms. Julie Castro, Parks and Community Services Advisory Board, December 5, 2000, through May 9, 2006. Agenda Item VI Council Member Silcox announced that a public meeting would be held on Announcements June 8, 2006, from 6:30 p.m. to 8:30 p.m. to gather thoughts and comments from residents, business owners and any other interested groups relative to the City's Smoking Ordinance. He stated that the Council was requesting citizen input on possibly increasing smoking restrictions to restaurants, bars and entrance areas to facilities and encouraged everyone to attend and participate. Council Member Espino announced that this weekend was Race Weekend at the Texas Motor Speedway (TMS) and encouraged everyone to make plans to get out and support the races. He also expressed appreciation to the TMS and Speedway Club for being the site for the Far North Fort Worth Town Hall meeting that was conducted on June 1, 2006. Council Member Davis announced that a public meeting on the Trinity Parkway Thoroughfare Alignment Study would be held on June 7, 2006, at 7:00 p.m., in the south end Ballroom of the Fort Worth Convention Center. She stated that the meeting would review and discuss Trinity Parkway alignment alternatives and that registration began at 6:15 p.m. She encouraged everyone interested to attend and show up early to register. Council Member Jordan stated that he and City staff met with the Crowley Independent School District Board of Directors on June 1, 2006, and that it was a very productive evening. He expressed appreciation to his Council colleagues who attended and the City staff for their assistance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 3 of 16 Council Member Wheatfall announced that a Rally for Education would be held at Dunbar 6th Grade School on June 9, 2006, to kick off summer events and provide school supplies. He also announced that the 13th Annual Dr. Marion J. Brooks Living Legend Awards and Scholarship Banquet would be held on June 9, 2006, at 6:00 p.m. at the Fort Worth Club. City Attorney Yett requested that Mayor and Council Communication No. G- 15226, the public hearing on the amendments to the Gas Drilling Ordinance be moved to the end of the M&C section of the agenda to allow staff to complete additional exhibits. There being no objection from the Council, Mayor Moncrief stated that M&C G-15226 would be heard at the end of the M&C section of the agenda. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-21486 and G-15223 be withdrawn from the consent agenda for individual Consent Agenda consideration. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15213, G-15223, and C-21493 be continued for one week and that PZ-2674 Withdrawn By be withdrawn from consideration. Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Espino, 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-1559 M&C OCS-1559 - 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-15224 M&C G-15224 — Authorizing the City Manager to transfer $509,350.00 from Ord. No. 19674- the Municipal Court Building Security Fund to the General Fund; and adopting 06-2006 Appropriation Ordinance No. 16974-06-2006 increasing estimated receipts and FY 2004-2005 appropriations in the Special Trust Fund, Municipal Court Building Security Annual Building Fund in the amount of $509,350.00 from available funds for the purpose of Security Costs transferring funds to the General Fund for Fiscal Year 2004-2005 annual building security costs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 4 of 16 P-10397 M&C P-10397 — Authorizing a purchase agreement for HVAC maintenance HVAC and repair with Johnson Controls, Inc., for the City of Fort Worth based on best Maintenance and value, with payments due 30 days from date of invoice; authorizing this Repair agreement to begin June 25, 2006, and expire June 24, 2007, with options to renew for three 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, 271.102, "Cooperative Purchasing Program." P-10398 M&C P-10398 — Authorizing the purchase of painting preparation services for Painting 2006 Cowtown Brush Up with Integrity Home Repair and Construction for the Preparation Housing Department based on best value for an amount not to exceed Services $185,110.00, with payment due 30 days from date of invoice. L-14202 M&C P-14202 — Authorizing the conveyance of one Pump Station and Ground Conveyance of Storage Easement described as a 6.84 acre easement, located in a portion of Pump Station; Block 14, Shelby County School Land Survey, Abstract No. 1375, Tarrant Ground Storage County, Texas, necessary for the construction and operation of a raw water Easement; pump station and 7 MG ground storage tank, along with all appurtenances, one Ingress/Egress & Ingress/Egress and Utility Easement described as a 0.78 acre tract of land, Utility Easement; located in a portion of Block 1, Shelby County School Land Survey, Abstract and Sanitary No. 340, and M. Garrison Survey, Abstract No. 598, Tarrant County, Texas, Sewer & Water necessary to allow access from the Tarrant Regional Water District (TWRD) Service Easement pump station and ground storage tank to public right-of-way (Campus Drive), along with a utility easement for the installation of phone lines, etc., and one Sanitary Sewer and Water Service Easement described as a 0.23 acre tract of land, located in a portion of Block 14, Shelby County School Land Survey, Abstract No. 1375 and W.L. Crow Survey, Abstract No. 340, Tarrant County, Texas, necessary to allow for the extension of water and sanitary sewer services from the TWRD pump station to public water and sewer mains located on City Rolling Hills Water Treatment Plant property, located south of IH20 and east of Campus Drive in southeast Fort Worth to Tarrant Regional Water District. C-21482 M&C C-21482 — Authorizing the City Manager to execute a one-year lease and Catholic Diocese six renewal options, with the Catholic Diocese of Fort Worth at a cost of of Fort Worth $1,800.00 per month to provide a parking lot to be utilized by City employees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 5 of 16 C-21483 M&C C-21483 — Authorizing the transfer of $228,662.00 from the Water and Ord. No 16975-06- Sewer Operating Fund to the Water Capital Projects Fund; adopting 2006 Appropriation Ordinance No. 16975-06-2006 increasing estimated receipts and Valles appropriations in the Water Capital Projects Fund in the amount of$228,662.00 Underground from available funds for the purpose of funding a contract with Valles Utilities, Ltd. Underground Utilities, Ltd., for Water Replacement Contract 99JJ at various locations; and authorizing the City Manager to execute a contract with Valles Underground Utilities, Ltd., in the amount of $191,346.00 for Water Replacement on portions of South Grove Street, Akins Street, Riley Street, and Berke Road, Contract 99JJ(City Project No. 00408). C-21484 M&C C-21484 — Authorizing the City Manager to execute a contract with JLB JLB Contracting, Contracting, LP, in the amount of $1,065,799.90 for HMAC Surface Overlay LP. 2006-7 at various locations. C-21485 M&C C-21485 — Authorizing the City Manager to execute a contract with Peachtree Peachtree Construction, Ltd., in the amount of $1,529,474.79 for HMAC Construction, Ltd. Surface Overlay 2006-8 at various locations. C-21487 M&C C-21487 — Authorizing the City Manager to execute a contract with JLB JLB Contracting, Contracting, LP, in the amount of $1,281,946.50 for HMAC Surface Overlay LP. 2006-5 at various locations. C-21488 M&C C-21488 — Authorizing the City Manager to execute a contract with William J. Schultz, William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount Inc. d/b/a Circle of $445,975.00 for Water and Sanitary Sewer Relocations for SH-121T "C" Construction (Southwest Parkway), Part Two, Unit 1 (City Project No. 00204). Company C-21489 M&C C-21489 — Authorizing the City Manager to enter into an interlocal Parker County agreement with the Parker County Utility District No. 1, City of Aledo, Town Utility District No. of Annetta, City of Hudson Oaks, Town of Annetta North, Town of Annetta 1; Various South, City of Weatherford, City of Willow Park, and Tarrant Regional Water Municipalities; District (TRWD), and authorizing the City Manager to enter into an agreement TRWD; and Texas with the Texas Water Development Board for the Eastern Parker County Water Regional Wastewater Facilities Plan. Development Board CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 6 of 16 C-21490 M&C C-21490 — Authorizing the City Manager to approve payment in the Pay TXU Electric amount of $517,027.69 to TXU Electric Delivery for providing electrical service to the expansion of the Eagle Mountain Water Treatment Plant. The motion carried. End of Consent Agenda. Agenda Item X Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Mr. Ernest Mackey be appointed to the Crime Control and Prevention City Council District effective June 6, 2006. The motion carried unanimously nine (9) ayes Appointments to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution supporting inclusion of Minority and Women Res. No. 3360-06- Businesses in the Trinity River Uptown Project. 2006 Include Minority Council Member Silcox advised that although he did not support the Trinity and Women River Vision, he would vote in favor of this resolution as it supported M/WBE Businesses in inclusionary participation. Trinity River Uptown Project Mayor Pro tem Hicks made a motion, seconded by Council Member Wheatfall, that Resolution No. 3360-06-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15213 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15213, Adopt Resolution Stating that the City of Fort June 13, 2006 Worth Elects to be Eligible to Participate in Tax Abatement and Adoption of a Tax Abatement Policy, be continued for one week to the June 13, 2006, Council meeting. G-15223 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15223, Adopt Appropriation Ordinances for Expenses June 13, 2006 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 Community Relations Department, be continued for one week to the June 13, 2006, Council meeting. Council Member Silcox asked when Council would be provided with the plans on the remodeling of these offices. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 7 of 16 Mr. Robert Goode, Transportation/Public Works Department Director, stated that the plans would be made available to the Council on June 7, 2006. G-15225 There was presented Mayor and Council Communication No. G-15225 from Res. No. 3361-06- the City Manager recommending that the City Council approve a resolution 2006 requesting the Texas Transportation Commission remove East Rosedale Street Remove East between IH 35W and Riverside Drive from the US/State Highway System. Rosedale Street between IH 35W Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, and Riverside that Mayor and Council Communication No. G-15225 be approved and Drive from Resolution No. 3361-06-2006 be adopted. The motion carried unanimously US/State Highway nine (9) ayes to zero (0) nays. System Public Hearing It was the consensus of the City Council that Mayor and Council PZ-2674 Communication No. PZ-2674, dated May 2, 2006, Adopt an Ordinance Withdrawn Changing the Name of Mississippi Avenue to Milford Kelly Avenue from a Point at Berry Street to a Point at Maddox Avenue, Fort Worth, Texas, be withdrawn from consideration. C-21486 There was presented Mayor and Council Communication No. C-21486 Centex Homes & authorizing the execution of one Storm Water Facility Maintenance Agreement Eagles Landing from Centex Homes and the Eagles Landing Homeowner Association, for Homeowner property located in north Fort Worth (DOE 4620). Association 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 Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21486 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Burdette abstaining. C-21491 There was presented Mayor and Council Communication No. C-21491 from the Pedro Ledezma City Manager recommending that the City Council find that the statements set and Ofelia forth in the recitals of the Tax Abatement Agreement with Pedro Ledezma and Ledezma Ofelia Ledezma are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Pedro Ledezma and Ofelia Ledezma for the property located at 3109 Avenue I in the Polytechnic/Wesleyan Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 8 of 16 Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21491 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21492 There was presented Mayor and Council Communication No. C-21492 from the G. Phillip Poole City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with G. Phillip Poole are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with G. Phillip Poole for the property located at 3637 Watonga Street in the West 7th/University Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21492 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. Public Hearing It was the consensus of the City Council that Mayor and Council C-21493 Communication No. C-21493, Approve Termination of Existing Tax Continued Until Abatement Agreement with Zarif, Inc., for Fort Worth Neighborhood June 13, 2006 Empowerment Reinvestment Zone Number 23, Adopt Ordinance to Designate Fort Worth Neighborhood Empowerment Reinvestment Zone Number 29 and Authorize Tax Abatement Agreement with Zarif, Inc., for Property Located at 2747 8th Avenue, in the Berry/University Neighborhood Empowerment Zone, be continued for one week to the June 13, 2006, Council meeting. C-21494 There was presented Mayor and Council Communication No. C-21494 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 32226 -Westwood to execute an amendment to City Secretary Contract No. 32226, a community Group facilities agreement with Westwood Group Development No. I, L.P., a Texas Development No. Limited Partnership by Westwood Group Development, LLC, its General 1, L.P., a Texas Partner, to increase City participation by $144,405.00 for construction of sewer Limited services to serve LaTera Addition, a development of single-family homes in far Partnership by north Fort Worth. Westwood Group Development, Council Member Burdette made a motion, seconded by Council Member Davis, LLC, its General that Mayor and Council Communication No. C-21494 be approved. The Partner motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 9 of 16 C-21495 There was presented Mayor and Council Communication No. C-21495 from the BP 367 Fort City Manager recommending that the City Council authorize the City Manager Worth Limited, by to execute a community facilities agreement with BP 367 Fort Worth Limited, BP 367 Fort by BP 367 Fort Worth GP, L.L.C., its General Partner, for the installation of Worth GP, L.L.C., water services to serve Primrose Crossing, a future single-family home its General development, located in the far southwest part of the City of Fort Worth, Texas. Partner Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-21495 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21496 There was presented Mayor and Council Communication No. C-21496 from the Ord. No. 16976- City Manager recommending that the City Council authorize the City Manager 06-2006 to amend City Secretary Contract No. 32701 with the Boys and Girls Club of Amend CSC No. Greater Fort Worth to add up to two additional Comin' Up sites in the South 32701 - Boys and Central and Woodhaven areas of Fort Worth; and adopt a supplemental Girls Club of appropriation ordinance increasing appropriations in the General Fund in the Greater Fort amount of $154,868.00 and decreasing the unreserved, undesignated General Worth Fund balance by the same amount, for the purpose of funding an amendment to City Secretary Contract No. 32701 with the Boys and Girls Club of Greater Fort Worth to add up to two additional Comin' Up sites in South Central and Woodhaven areas of Fort Worth. Mayor Pro tem Hicks made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21496 be approved and Supplemental Appropriation Ordinance No. 16976-06-2006 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-15226 adopt an amendment to Article II of Chapter 15 "Gas Drilling and Production" Continued Until to amend the distance setback requirements for high impact gas wells and June 13, 2006 revise the regulations related to notice provisions, noise mitigation, landscaping, fencing and technical requirements. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Fullenwider, Assistant City Attorney, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G- 15226, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 10 of 16 There was presented Mayor and Council Communication No. G-15226 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. At the Mayor's request, Council Member Scarth provided commentary from his perspective as a member of the Oil and Gas Task Force and now as a City Council Member. Mayor Moncrief recognized members of the task force in the audience and expressed appreciation to them and Assistant City Attorney Fullenwider for their efforts. He added they provided a good product for the City. Council Member Silcox expressed appreciation to Gary Hogan for his participation on the Gas Well Task Force and to the Council for forming the committee to develop some solutions to concerns from Fort Worth citizens. Gilbert Horton Mr. Gilbert Horton, 408 Park West Court, Decatur, Texas, representing Devon Energy Corporation, appeared before Council in support of the ordinance. He expressed appreciation to the Council for allowing him to serve on the task force and the landscaping sub-committee. He stated he believed the task force was a great success and proved that a very diverse group of people representing very diverse interests could agree and come up with a comprehensive group of regulations and recommendations to a very sensitive and difficult topic. He expressed concern on staff recommendations about the set proposed distance setback increase that a well could be drilled from a surface property line. He added that the increase from 100 feet to 175 feet would create more controversy than a solution. He further stated that he was sympathetic to the concerns of the developers relative to the setback increase, but was also concerned about the rights of mineral owners and gas well operators who had leased property long before any planned surface development. He urged the Council to not increase the setback a well could be drilled from a property line and that the ordinance include language that excluded setback requirements to the extent that affected surface properties were owned or under lease by the same operator. He stated that relevant boundaries for a gas well operator were the lease lines, not surface property lines, and that under the current proposed ordinance, a mineral lease could be essentially condemned in a short amount of time because each subdivision of the surface would create a 350 foot wide buffer on which a gas well site would be prohibited. He pointed out that when the setback issue first surfaced in 2005, the City agreed with the industry that in situations where the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 11 of 16 operator had leased property on both sides of a property line, the setback distance should be exempted. He stated that when a surface developer buys property without the minerals, that developer is taking a risk in not owning the mineral estate. He added asked that, in conclusion, the City consider the vested rights of all involved when making any decision on this matter. He urged the City to consider, regardless of what setback distance chosen, to exempt the setback requirement on lands owned or under lease by the operator, to exempt existing leases, to exempt existing well sites where future wells may be planned, and to recognize that the property line for a gas well operator was a mineral property line, not a surface property line. Mayor Moncrief asked if the proposed 100 foot setback created concern for his company. Mr. Gilbert stated that it created concern in cases where there was one lease that governed both pieces of property and then the surface is subdivided, then subdivided again and again. He added that each one of the subdivisions created a 350 foot wide buffer where they were no longer allowed to drill, and in theory that could essentially condemn their ability to develop the minerals. Mayor Moncrief acknowledged that the product was not perfect; however, he added that the Council would maintain their right to have variances when justified. Council Member Davis suggested that Council consider the exemption Mr. Gilbert referenced on subdividing property. (Council Member Wheatfall stepped away from the dais.) Joel Ward Mr. Joel Ward, 2832 Claudette Avenue, Dallas, Texas, appeared before Council in support of the ordinance. He also expressed appreciation to the Council for being asked to serve on the Oil and Gas Task Force. He asked that the effective date of the ordinance be delayed until September 1, 2006, instead of upon adoption. He stated that the delay would provide sufficient time for everyone to review the ordinance and be prepared to comply with the new provisions. He stated that the most extensive time requirement was the outfitting of the rigs to comply with the noise requirements as equipment had to be ordered. He added that if the Council preferred to approve the ordinance as is, he requested that the noise requirement be allowed to have an effective date provision to be two or three months after the ordinance was in place. He also asked that consideration be given to changing day time hours from 6:00 a.m. to 7:00 p.m. to that of OSHA daytime hours of 7:00 a.m. to 10:00 p.m. to be consistent with the industry. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 12 of 16 Joe Waller Mr. Joe Waller, 2533 Castle Circle, appeared before Council in support of the ordinance. He suggested that the area where the operator measured the ambient noise level from which they could deviate five decibels, that a City inspector be involved in the process. He also stated that the number of inspectors increasing the enforcement effort was critical. He added that neighborhood associations could be key in the success of all the parties involved and suggested that good communication be maintained and that those reaping the benefits from the drilling give back to the community, i.e. in a monetary way, create neighborhood parks. (Council Member Wheatfall returned to his chair at the dais.) Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council in support of the ordinance. He stated that he formed the Chapel Creek Homeowners' Association to educate the neighborhood. He added that distance requirements were a primary issue for the neighborhood and that the noise was secondary. He also expressed concern with the marketability of homes in the area resulting from the drilling and stated he supported a 600 foot build setback excepting the people who already had development plans and platting that had been approved. He added that he would like to see the industry drill all the wells they possibly could before there was an encroachment of neighborhoods up to the site. Deborah West Ms. Deborah West, 14001 N. Dallas Tollway, Dallas, Texas, representing Encana Oil and Gas, appeared before Council in support of the ordinance. She supported the compromise achieved by the task force, but expressed concern with the distance limitation for setbacks but that the company concurred with the suggestion of Council member Davis. She also addressed day time operating hours and asked that Council consider the OSHA standards and added that some ordinances use operating hours to be 30 minutes after dawn and 30 minutes prior to dusk. Sharen Hyde Ms. Sharen Hyde, 4705 Wind Hill, appeared before Council in opposition of the ordinance. She expressed concern that there was no data to support information reflected in the ordinance. She advised that economic, safety and hydraulic studies needed to be done and alleged that the proposed ordinance contained loopholes for oil companies to exploit. Khalil Ayoub Mr. Khalil Ayoub, 1913 Martel Avenue, appeared before Council in opposition of the ordinance. He doubted that changes to the proposed ordinance would solve any problems that were present. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 13 of 16 Diane Wood Ms. Diane Wood, 2308 Aster Avenue, appeared before Council in opposition of the ordinance. She stated that she was forced to give up her mineral rights and that she did not want the drilling to take place anywhere on or near her property. She provided packets of information to the Council and referred to an article from the Denton Record Chronicle addressing safe water related to gas drilling. She asked that all gas drilling be stopped immediately because gas could seep into the water lines, the drilling emitted hydrocarbons into the air, and she requested that studies on air quality, water and hydraulics be done. (Mayor Pro tem Hicks stepped away from the dais.) Jeff Green Mr. Jeff Green, 4705 Wind Hill Court East, appeared before Council in opposition of the ordinance. He stated that his area was completely drilled out and in some cases, residents could not even do their laundry because the water was contaminated. He stated that he had met with State Representative Lon Burnam and spoke with representatives at the Texas Railroad Commission in Austin relative to what comprised the drilling fluid and fracing fluid. He added that Mr. Burnam was very helpful but that the Texas Railroad Commission was not forthcoming with information. He expressed concern with the fluids being toxic and the potential danger they create to neighborhoods. Philip Hennen Mr. Philip Hennen, 1824 Martel Avenue, appeared before Council in opposition of the ordinance. He said that gas drilling was a social experiment with residents being the guinea pigs. He stated that the Council has had ample opportunity to learn of citizens' concerns of the impact of gas well drilling, e.g., streets, safety, noise, road damage, affect on property values, air and water pollution and loss of green space and natural habitat. He said that the proposed ordinance did little to address citizen concerns; however, some positive changes had been noted, especially in the area of noise reduction. He added that the 600 feet in allowed distance from wells to homes and businesses was a step in the right direction; however, it was still inadequate as some municipalities required 1,000 feet being the allowed distance. (Mayor Pro tem Hicks returned to her chair at the dais.) David Farnham Mr. David Farnham, 3724 Cook Court, appeared before Council in opposition of the ordinance. He stated that when he purchased his new home in the northeast part of the City he was not informed of the presence of an existing gas well in the area until after closing on the home. He alleged collusion between the developer, builder, and gas driller with City staff not presenting any obstacles. He expressed concern with the developer building homes first on the perimeter of the subdivision beyond the 600 feet that qualified the gas well for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 14 of 16 a low impact permit. He added that the permit was granted although all parties knew that homes would be build well within the 600 foot boundary as attested by the permit application submitted by the gas company. He added the permit reflected a diagram of the homes, including his, that would be built a few hundred feet from the gas well. He stated that the decision of gas well permitting should be made at the Council level so there was public disclosure and careful consideration of the impact on neighborhoods by those who were responsible to the people. Gary Kidwell Mr. Gary Kidwell, 6908 Kingsley Drive, appeared before Council in support of the ordinance. He stated that he had read the draft ordinance and the changes made by Assistant City Attorney Fullenwider and commended everyone on the end product. Lee Nicol Mr. Lee Nicol, 3882 South Hills Circle, appeared before Council in support of the ordinance. He stated that the ordinance was a good compromise for all affected parties. There being no else one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-15226 be continued for one week to the June 13, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis referred to Mr. Farnham's presentation and stated that one of the issues the Council and Gas Well Task Force struggled with was, how does the City assure that a property owner buying adjacent to an existing well or buying adjacent to a site that had been permitted for creation of well, how could the City assure that the surface purchaser would buy with knowledge? She added that one of the things the Council had discussed in terms of assuring that notice, was that not only that it be part of the deed records, but also that signage be placed notifying a potential purchaser of an adjacent parcel that a gas well had been permitted for that location and would be built in the future. She proposed that notice be extended so that even if a gas well had already been built, that the sign also be constructed because even though the gas well was there, the purchaser still may not know. She asked staff to provide a revision to the notice requirement where a gas well had already been constructed. Mayor Moncrief stated that this was a difficult issue and that the Task Force had done a good job at trying to find middle ground for all concerned. He stated that the results of this challenged would enhance the quality of life for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 6, 2006 PAGE 15 of 16 everyone in the City because of the revenue it would generate. He added that he had confidence in the Council and staff to make the right decision and expressed appreciation to everyone who attended the meeting relative to this issue. Item XV Mayor Moncrief recognized Ms. Agnes LaTrace, 3905 Winfield, to speak Citizen before the Council relative Trinity Industries and criminal activity on her Presentations property. However, Ms. LaTrace was not present in the Council Chamber. Agnes LaTrace Lynda Sauvlet Ms. Lynda Sauvlet, 8223 Tombstone, Arlington, Texas, appeared before Council relative to alleged Police misconduct at her place of business, AMC Youth Center at 4124 Wichita Street. She provided a short summary of alleged activity at the youth center and asked for the Council's assistance to resolve this issue. Mayor Moncrief asked her to meet with Assistant City Manager Joe Paniagua. Tom Sauvlet Mr. Tom Sauvlet, 8223 Tombstone, Arlington, Texas, appeared before Council also relative to alleged Police misconduct at the AMC Youth Center. He provided a chronology of incidents that had occurred at the property and the poor response from 911. Council Member Wheatfall requested that Assistant City Manager Paniagua verify the response times mentioned by Mr. Sauvlet and advise the Council of his findings. Linda Bryant Ms. Linda Bryant, 5730 Farnsworth Avenue, appeared before Council relative to parking for City employees. She expressed concerns for the reason employees have to pay for parking when they worked at City Hall. She advised the Council that some City employees who worked downtown parked at parking meter locations that were up to seven blocks away from City Hall due to the unavailability of parking spaces near City Hall. She also stated that some employees parked in garages that were costly. She pointed out the City's parking garage was occupied by Hertz Rental Cars and by federal employees. She emphasized employees who worked in City facilities away from City Hall could park at the job site at no expense. She requested Council's assistance to resolve the parking issue. Council Member Wheatfall asked City Manager Boswell to provide an update on the parking situation and how the new parking garage would fit into resolving these problems. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JUNE 6,2006 PAGE 16 of 16 City Manager Boswell stated that staff was trying to devise an approach that treated everyone fairly and would address possible parking allowances for downtown employees. He stated that he would provide a report to the Council by June 20, 2006. Mayor requested Assistant City Manager Joe Paniagua brief the Council and audience on the process to keep the Fort Worth Brahmas Ice Hockey team in Fort Worth. (Council Member Wheatfall stepped away from the dais and did not return). Assistant City Manager Paniagua provided a chronology of contract negotiation meetings between himself, James Horner from the Fort Worth Visitors and Convention Bureau, and Mike Barack, Brahmas General Manager. He advised of the required timelines to meet execution deadlines and added that as a result of deadlines not being met, negotiations failed. He further stated that available dates for use of the ice arena were provided to the Brahmas. He requested that all inquiries from Mr. Barack be referred to himself or James Horner. The following individuals appeared before Council in support of reaching favorable contract negotiations with the Brahmas for the 2007/2008 Hockey season: Annetria Hulin Ms. Annetria Hulin 1713 Mims Street Leslie D. Brown Mr. Leslie D. Brown 10508 Belvedere Drive, Denton, TX Mary Bradford Ms. Mary Bradford 14232 Tijuana Trail, Haslet, TX Misty Booker Ms. Misty Booker 1420 Randol Crossing Lane #822 Matt Sacks Mr. Matt Sacks 4621 El Campo Nancy Sacks Ms. Nancy Sacks 4621 El Campo Agenda Item XVII There being no further business, the meeting was adjourned at 9:26 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 13th day of June, 2006. Attest: Approved: a Marty Hendrix u , Mic ael J. Moncrief City Secretary Mayor