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HomeMy WebLinkAbout2007/02/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 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 7:01 p.m. on Tuesday, February 6, 2007, 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 Reverend Ralph W. Emerson, Jr., Rising Star Invocation Baptist Church. Agenda Item III Mayor Moncrief announced that Cub Scout Pack 449 would lead everyone Pledge present in the Council Chamber in the reciting of the Pledge of Allegiance. Council Member Jordan presented each of the Scouts with Molly pins. Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Davis, the minutes of the regular meeting of January 30, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Council Member Scarth presented the Fort Worth Police and Fire Fighters Special Memorial Video. He summarized his involvement in producing the video as a Presentations memorial and fundraiser for police and fire fighters who had passed in the service of their City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 2 of 26 Mayor Moncrief stated that the memorial was unfinished business in Fort Worth and encouraged everyone in the City and beyond to get involved in this effort. He provided an e-mail address www.cfwfallenheroes.org to make contributions on line or at P.O. Box 101537, Fort Worth, TX 76185-1537. He added that checks should be made out to the Fort Worth Police and Fire Memorial and for more information citizens could call (817) 377-9734. He asked that when citizens see a policeman, fire fighter or marshal, go up to them, shake their hand and tell them how much they are appreciated. He further stated that the fundraising had surpassed its half-way mark and that the City hoped to have completed the fundraising within the next few months in time for the dedication on September 11, 2007. He added that the location would be in Trinity Park off of 7th Street across from Montgomery Plaza near the pavilion. He expressed appreciation to Council Member Scarth for producing the video at no cost to the City. (Council Member Silcox stepped away from the dais.) Council Member Espino presented a Proclamation for Teatro de la Rosa Day to Ms. Yvonne Duque, Artistic Director for Teatro de la Rosa. Mayor Pro tem Hicks presented a Proclamation for Black History Month to Ms. Sarah Walker of the Tarrant County Black and Genealogical Society, Inc. Ms. Walker introduced Pearl Hunt, Treasurer of the society; Frank Moss, Charter Member of the society and Curtis Hailey, Past President of the society. She invited everyone to attend the groundbreaking for the new African American Museum on March 3, 2007, at 3:00 p.m. at the Lenora Rolla Heritage Center in southeast Fort Worth (Council Member Silcox returned to his chair at the dais.) Council Member Davis acknowledged Former District 5 City Council Member Frank Moss as part of the delegation receiving the proclamation. Council Member Espino presented Certificates of Recognition to the following former Board and Commission members: Ms. Roberta Florez, Animal Shelter Advisory Committee, from May 21, 2002,through December 12, 2006 Ms. Teresa M. Ayala, Parks and Community Services Advisory Board, from October 17, 2000,through December 12, 2006 Ms. Janice Michel, Board of Adjustment - Residential, from January 7, 2003,through December 12, 2006 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 3 of 26 City Secretary Hendrix also recognized Mr. Steve Parker for his service on the Construction and Fire Prevention Board of Appeals, from November 4, 2004, through January 18, 2007, and stated that he was unable to attend the meeting to receive his certificate. Agenda Item VI Council Member Jordan expressed pride in District 6's residents' contributions Announcements to the City and who were present at the meeting. He recognized Reverend Ralph Emerson who was a resident in District 6, but whose church was in District 5; Cub Scout Troop 499, the troop that lead the pledge tonight; James Lewis who was on the Board of Directors; and Gary Kidwell who received the Ben Ann Tomako Award at the Mayor's League of Neighborhoods Awards on February 3, 2007. Council Member Davis announced that District 9 would have its Town Hall meeting February 8, 2007, at 6:30 p.m. at the Travis Avenue Baptist Church South Complex where the Mayor, City Manager, and City staff would be present. She encouraged all District 9 residents to attend the meeting and share their concerns with City representatives. Council Member Espino announced that at the Mayor's Awards on February 3, 2007, the Neighborhood of the Year was the Oakhurst Neighborhood in District 2. He acknowledged the Alliance business owners for participating in the first Alliance M/WBE Fair on February 1, 2007. He stated that it was a very successful event in spite of the inclement weather and traffic on I35. He also expressed appreciation to Police Chief Ralph Mendoza, the Police Department, Fire Chief Rudy Jackson and Assistant City Manager Joe Paniagua for participating at the Public Safety Forum on January 30, 2007, at Northwest High School. He added that the City's crime rate was the lowest in over 20 plus years, and the lowest number of homicides since the 1960s and stated that the City was blessed to have wonderful Police Officers and Fire Fighters. Council Member Burdette announced that the Lake Worth Alliance of Neighborhood Associations also received an award at the Mayor's Awards on February 3, 2007. He pointed out that everyday an airplane landed at Dallas/Fort Worth International Airport with men and women who were home for two weeks of rest and relaxation from serving in Iraq and Afghanistan to spend that time with loved ones before boarding a plane and returning to those locations. He encouraged the public to go to the airport and greet these service people and advised that the USO ran a Meet and Greet every morning the plane arrived at International Terminal D as it was very much appreciated by the service people. He stated that everyone interested in participating in the meet and greet could call (972) 574-0392 to obtain information on the plane's arrival. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 4 of 26 Mayor Moncrief stated that as a plane came in with troops on their way for a two week rest and relaxation, there was also another plane that was returning troops to those areas. He encouraged Church groups and other organizations to get involved with this service to the troops. Mayor Pro tem Hicks expressed appreciation to the Transportation/Public Works Department for their attendance at the District 8 Quarterly Advisory Meeting on February 5, 2007, and also expressed appreciation to Carter Metropolitan CME Church for hosting the meeting and her Council Aide Devan Allen. Council Member Scarth expressed appreciation to City staff and Randle Harwood for their attendance at the District 4 and 8 Gateway Trinity Park River Vision Meeting on February 1, 2007, at the East Regional Library. He also announced that there would be a District 4 Informational Gas Well Meeting on February 8, 2007, at the Riverside Community Center at 6:30 p.m. where a law firm would provide pro bono information on gas well drilling and leasing. He stated that the Garden of Eden neighborhood also received an award for repairing a house at the Mayor's Awards and added that they were the 2006 recipient of the National League of Neighborhoods Award. Agenda Item VII Mayor Pro tem Hicks requested that Mayor and Council Communication No. Withdrawn from C-21955 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-21962 be continued until the February 13, 2007, Council meeting. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1594 M&C OCS-1594 - 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 FEBRUARY 6, 2007 PAGE 5 of 26 G-15603 M&C G-15603 - Adopting Ordinance No. 17390-02-2007 amending the Fort Ord. No. 17390- Worth Fire Code, being Ordinance No. 14652, which incorporated the 2000 02-2007 International Fire Code with appendices, to amend Subsection 3406.3.1.3, Amend Chapter "Buildings", of Section 3406.3, "Well Drilling and Operating" to prohibit an oil 15, Article H, or gas well to be drilled within six hundred (600) feet of certain buildings to Section 3406.3, provide consistency with the requirements of the Fort Worth Fire Code and Subsection Article II of Chapter 15 of Gas Drilling and Production Ordinance No. 14880, 3406.3.1.3 of Fire as amended by Ordinance Nos. 16986-06-2006 and 17309-12-2006, in line Code relative to the distance between wells and structures. G-15604 M&C G-15604 - Authorizing the City Manager to accept a FY 2006 Buffer Ord. No. 17391- Zone Protection Program Grant that includes a Buffer Zone Protection Plan and 02-2007 a Vulnerability Reduction Purchasing Plan to support prevention and Accept 2006 preparedness efforts in one area identified as a buffer zone for critical Buffer Zone infrastructure and equipment; and adopting Appropriation Ordinance No. Protection Grant 17391-02-2007 increasing estimated receipts and appropriations in the Grants to Support Fund in the amount of $179,000.00, subject to receipt of the Buffer Zone Prevention and Protection Program Grant from the Office of the Governor, Division of Preparedness Emergency Management, for the purpose of funding prevention and Efforts preparedness efforts in one area identified as a buffer zone for critical infrastructure and equipment. G-15605 M&C G-15605 - Authorizing the Water Department to provide water service at Provide Water 1.25 times the retail rate to Dr. Kenneth Slough to serve his veterinary clinic at Service to Dr. 11715 Alta Vista Road, located in Tarrant County, outside of the Fort Worth Kenneth Slough City limits pursuant to City Code Section 35-60B "Uses Outside City"; and authorizing the City Manager to execute an agreement for such services. G-15606 M&C G-15606 - Authorizing the City Manager to transfer $30,000.00 from the Ord. No. 17392- Water and Sewer Fund to the Special Trust Fund for the purpose of funding for 02-2007 a period of one year the salary and benefits of one Senior Maintenance Worker Transfer Funds position at the Water Conservation Demonstration Garden in the Fort Worth for Senior Botanic Garden; and adopting Appropriation Ordinance No. 17392-02-2007 Maintenance increasing estimated receipts and appropriations in the Special Trust Fund in Worker Position the amount of$30,000.00 from a transfer from the Water and Sewer Fund, for at Water the purpose of funding one Senior Maintenance Worker at the Water Conservation Conservation Demonstration Garden in Fort Worth's Botanic Garden. Demonstration Garden in Fort Worth Botanic Garden CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 6 of 26 P-10531 M&C P-10531 - Authorizing a purchase agreement for Original Equipment Original Manufacturer Caterpillar and Olympian Generator maintenance, repairs and Equipment parts with Holt Cat for the Water Department based on the following unit Manufacturer prices. Payment is due 30 days from the date an invoice is received; Caterpillar and Olympian Description Amount Charged Generator Maintenance, Labor, Regular Hours, for Maintenance $ 85.00 per hour Repairs and Parts Labor, Regular Hours, for Repairs $ 94.50 per hour Labor, Overtime Hours, for Maintenance $127.50 per hour Labor, Overtime Hours, for Repairs $141.75 per hour Parts sold at Manufacturer's List Price Authorizing this agreement to begin February 6, 2007, and expire February 5, 2008, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10532 M&C P-10532 - Authorizing the purchase of new minor equipment for the Minor Equipment Water Department from Master Pumps & Equipment Corp., Sunbelt Rentals, Inc., United Rentals Fort Worth and TT Technologies, Inc., as listed below for a cost not to exceed $111,465.47 with payment due 30 days from the date of the invoices and freight is included in the unit prices. Vendor Name Item Qty. Description Unit Price Extended Total Master Pumps& 1. 6 ea. 2"Trash Pumps $ 525.00 $ 3,150.00 Equipment, Corp. 2. 25 ea. 3"Trash Pumps $ 538.00 $ 13,450.00 Sunbelt Rentals,Inc. 3. 30 ea.Multi Purpose $ 779.00 $ 23,370.00 Saws 5. 8 ea. Rock Drills $ 967.37 $ 7,738.96 8. 8 ea. Paving Breakers $ 723.28 $ 5,786.24 11. 6 ea. Portable $ 669.18 $ 4,015.08 Generators United Rentals Fort 4. 18 ea. Walk Behind $1,594.44 $ 28,699.92 Worth Saws 9. 7 ea. Ventilation $ 523.61 $ 3,665.27 Blowers 10. 2 ea. 3"Hydraulic $ 887.50 $ 1,775.00 Pumps TT Technologies,Inc. 6. 3 ea. 3"Piercing $3,695.00 $ 11,085.00 Tools 7. 2 ea. 4"Piercing Tool $4,365.00 $ 8,730.00 Total $111,465.47 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 7 of 26 P-10533 M&C P-10533 - Authorizing the City Manager to execute a purchase and Asset Management maintenance agreement with the sole source vendor MCM Technology, LLC, Software, for asset management software, professional services, and reimbursable costs Professional for the IT Solutions Department at of cost of $53,346.40; and authorizing the Services and maintenance agreement to begin one year after acceptance of the installation of Reimbursable the software system, with options to renew for four additional one-year periods. Costs for Asset and Work Order Management System L-14282 M&C L-14282 - Approving the acquisition of one right-of-way easement Acquire Right-of- described as a portion of Francisco Cuella Survey, Abstract No. 268, Tract Way for 2J3A, Tarrant County, Texas, from Srirong and Prapasri Tanghongs and James Construction of Tanghongs located in north Fort Worth for the construction of Keller-Hicks Keller-Hicks Road Road improvements (DOE 5474); finding that the price offered in the amount Improvements of $22,900.00, plus an estimated closing cost of $2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. C-21956 M&C C-21956 - Authorizing the City Manager to extend the contract between Rodeo Plaza, Inc. Rodeo Plaza, Inc., and the City of Fort Worth, to use, manage and operate the Cowtown Coliseum, the adjoining "run-out" area, the adjacent arena and bleachers and the central power plant located at 122-133 East Exchange Avenue for a period of one year. C-21957 M&C C-21957 - Authorizing the City Manager to transfer $485,854.00 from Ord. No. 17393- the Water and Sewer Operating Fund to the Water Capital Projects Fund in the 02-2007 amount of $242,962.00 and Sewer Capital Projects Fund in the amount of Advanced Paving $242,892.00; adopting Appropriation Ordinance No. 17393-02-2007 increasing Company estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$242,962.00 and the Sewer Capital Projects Fund in the amount of $242,892.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Advanced Paving Company for HMAC Surface Overlay 2006-17 at various locations; and authorizing the City Manager to execute a contract with Advanced Paving Company in the amount of $434,460.00 for HMAC Surface Overlay 2006-17 at various locations. C-21958 M&C C-21958 - Approving the acceptance of a lease agreement for natural gas Vargas Energy, drilling under 17.24 acres more or less of City-owned properties located in Ltd. Tarrant County known as the Meadows West Park to Vargas Energy, Ltd., for a two-year term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 8 of 26 C-21959 M&C C-21959 - Authorizing the City Manager to execute a one year City of Haltom agreement with automatic one year renewals with the City of Haltom City for City automatic and mutual aid fire protection. C-21960 M&C C-21960 - Authorizing the City Manager to execute Change Order No. 3 Change Order No. to City Secretary Contract No. 31690 with AUI Contractors, L.P., for civil 3 to CSC No. construction work associated with the entrance security improvements at North 31690 - AUI Holly, South Holly and Rolling Hills Water Treatment Plants (CIP 00233), in Contractors, L.P. the amount of $100,125.00 thereby increasing the contract amount to $597,905.00. C-21961 M&C C-21961 - Approving the correction of M&C C-21457 for the application Ord. No. 17394- and acceptance of a Grant from the Criminal Justice Division of the Office of 02-2007 the Governor of Texas to operate the Diamond Hill Coalition After-School Correct M&C C- Program with YMCA of Metropolitan Fort Worth in the amount of$52,410.00 21457 - YMCA of and Camp Fire USA First Texas Council in the amount of $25,812.00; and Metropolitan Fort adopting Appropriation Ordinance No. 17394-02-2007 increasing estimated Worth and Camp receipts and appropriations in the Grants Fund in the amount of $78,222.00, Fire USA First subject to receipt of the grant from Criminal Justice Division of the Office of Texas Council the Governor of Texas, for the purpose of funding the operation of the Diamond Hill Coalition After-School Program. The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Council Member Espino, Presentations by that Mr. Larry Grider be reappointed to Place 4 on the Appeals Board effective City Council February 6, 2007, and with a term expiring September 30, 2008. The motion Appointments carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mr. Carl Pointer be appointed to Place 8 on the Appeals Board effective February 6, 2007, and with a term expiring September 30, 2008. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Mayor Moncrief, on behalf of Council Member Wheatfall, requested the Council's consideration to reappoint Mr. Henry L. Jefferson to Place 5 on the Appeals Board. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 9 of 26 Council Member Davis made a motion, seconded by Council Member Espino, that Mr. Henry L. Jefferson be reappointed to Place 5 on the Appeals Board effective February 6, 2007, and with a term expiring September 30, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI There was presented an ordinance ordering a General Election by the qualified Ord. No. 17395- voters of the City of Fort Worth, Texas, on Saturday, the 12th day of May, 2007, 02-2007 for the purpose of electing the Mayor and Council Members for the City of Fort Order General Worth. Election on May 12, 2007, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, Electing Mayor that Ordinance No. 17395-02-2007 be adopted. The motion carried and City Council unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall Members absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council set today as the date for a public hearing on G-15607 the December 14, 2006, draft of the City of Fort Worth 2007 Comprehensive Draft of 2007 Plan, as recommended by the City Plan Commission. Mayor Moncrief opened Comprehensive the public hearing and asked if there was anyone present desiring to be heard. Plan Ms. Becky Pils, Senior Planner, Planning Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15607, as follows: There was presented Mayor and Council Communication No. G-15607 from the City Manager recommending that the City Council conduct a public hearing on the December 14, 2006, draft of the City of Fort Worth's 2007 Comprehensive Plan, as recommended by the City Plan Commission, to allow the public the opportunity to give testimony and present written evidence; adjourn the public hearing; and schedule a discussion of the public comments at the Pre-Council meeting on February 13, 2007, if necessary. Tom Krampitz Mr. Tom Krampitz, 500 Main Street, Suite 600, representing Texas Motor Speedway (TMS), appeared before Council in support of the draft of the 2007 Comprehensive Plan and cited the following reasons for their support: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 10 of 26 1. The site of TMS and surrounding acreage does not fit within the plan's own definition of"Mixed-Use Growth Center". 2. The draft plan offered an illustration of how "Mixed-Use Growth Centers" differ from commercial corridors. 3. Continued designation as a "Mixed-Use Growth Center" would allow residential development as a "compatible use." Residential development was not compatible surrounding TMS. (Council Member Davis stepped away from the dais.) He summarized his presentation by stating that the City's vision as the "most liveable City in Texas" was not fostered by residential development adjacent to TMS. He expressed appreciation to Mayor Moncrief, Council Member Espino and City staff to implement the changes to the plan. Council Member Espino stated that during the Pre-Council Worksession, Mayor Moncrief suggested that City staff look at a TMS Master Plan to ensure there was the right type of development along the Speedway. He added that the economic impact of the TMS was equal to five or six Super Bowls. There being no one else present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed and Mayor and Council Communication No. G-15607 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. L-14283 There was presented Mayor and Council Communication No. L-14283 from the Acquire Vacant City Manager recommending that the City Council approve the acquisition of Land for six acres of vacant land described as a portion of Block 1, Southside Twin Construction of Addition of the J. Asbury Survey, Fort Worth, Tarrant County, Texas, located Solid Waste Drop in southwest Fort Worth for the construction of a new Solid Waste Drop Off Off Station on Old Station on Old Hemphill Road (DOE 5265); find that the price offered in the Hemphill Road amount of $235,100.00, plus an estimated closing cost of $2,000.00 is just compensation; and authorize the acceptance and recording of appropriate instruments. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14283 be approved with appreciation to the Environmental Management Department. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 11 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2720 adopt an ordinance changing the name of a portion of 12th Avenue to Bastille Ord. No. 17396- Place, between Cooper Street and West Cannon Street, and changing the name 02-2007 of 13th Avenue to 12th Avenue, between Cooper Street and West Cannon Street, Change Name of all in Fort Worth, Texas. Mayor Moncrief opened up the public hearing and Portion of 12th asked if there was anyone present desiring to be heard. Avenue to Bastille Place and Change Mr. John Garfield, Administrator, Development Department, appeared before Name of 13th Council, gave a staff report and called attention to Mayor and Council Avenue to 12th Communication No. PZ-2720, as follows: Avenue There was presented Mayor and Council Communication No. PZ-2720 from the City Manager recommending that the City Council adopt an ordinance changing the name of a portion of 12th Avenue between West Cannon Street and Cooper Street to Bastille Place and changing the name of 13th Avenue between West Cannon Street and Cooper Street to 12th Avenue. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. PZ-2720 be approved and Ordinance No. 17396-02-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. C-21955 There was presented Mayor and Council Communication No. C-21955 from the Cole Construction, City Manager recommending that the City Council authorize the City Manager Inc. to execute a contract with Cole Construction, Inc., in the amount of$88,856.00 for the installation of trees and irrigation improvements along Evans Avenue from Terrell Avenue to East Rosedale Street (DOE 5473). Mayor Pro tem Hicks expressed appreciation to City staff for their work on this issue and inquired who would maintain the Plaza and if the City would be reimbursed for the trees that died. Mr. Doug Rademaker, Engineering Department Director, stated that the Parks and Community Services Department would provide the maintenance at the park and that the trees were provided through the City's tree farm and therefore costs could not be recovered for the dead trees. He advised that the City did withhold liquidated damages for the lateness of the completion of the project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 12 of 26 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21955 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. C-21962 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-21962, Authorize Expenditure of Community Facilities February 13, 2007 Agreement Funds for the Installation of Drainage Improvements Adjacent to Poynter Crossing, Phase IV and Adopt Related Appropriation Ordinances, be continued until the February 13, 2007, Council meeting. C-21963 There was presented Mayor and Council Communication No. C-21963 from the Ord. No. 17397- City Manager recommending that the City Council authorize the transfer of 02-2007 $2,984,448.00 from the Water and Sewer Operating Fund to the Water Capital William J. Schultz, Projects Fund; adopt an appropriation ordinance increasing estimated receipts Inc., d/b/a Circle and appropriations in the Water Capital Project Fund in the amount of "C" Construction $2,984,448.00 from a Water and Sewer Operating Fund transfer, for the Company purpose of awarding a contract to William J. Schultz, Inc., d/b/a Circle "C" Construction Company, for 36-inch water main extension along Trinity Railway Express Right-of-Way, Contract 2, Unit 3, City Project No. 00352; and authorize award of contract to William J. Schultz, Inc., d/b/a Circle "C" Construction Company, in the amount of$2,897,522.00 for 36-inch water main extension along a portion of Trinity Railway Express Right-of-Way (FM 157 to Tarrant Main Street) (City Project No. 00352). Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21963 be approved and Appropriation Ordinance No. 17397-02-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. C-21964 There was presented Mayor and Council Communication No. C-21964 from the Res. No. 3453-02- City Manager recommending that the City Council adopt a resolution 2007 authorizing the execution of a Local Transportation Project Advance Funding Ord. No. 17398- Agreement with the Texas Department of Transportation for the division of 02-2007 design and construction costs and responsibilities associated with the relocation Texas Department of FM 156 from Main Street in the City of Haslet to 0.3 miles south of SH 114 of Transportation located in the City of Fort Worth to accommodate the runway extension project at Fort Worth Alliance Airport; execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation where in the City's participation will be $10,743,495.00 for the design and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 13 of 26 construction costs associated with the relocation of FM 156 in order to accommodate the runway extension project at Fort Worth Alliance Airport; authorize the use of existing revenue derived from natural gas well leases on City owned airport properties to complete the funding needs for this project; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Aviation Improvements Capital Projects Fund in the amount of $817,421.00 from natural gas well leases on City-owned airport properties, for the purpose of executing a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the design and construction costs associated with the relocation of FM 156 to accommodate the runway extension project at Fort Worth Alliance Airport. Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21964 be approved and Resolution No. 3453-02-2007 and Appropriation Ordinance No. 17398-02- 2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. C-21965 There was presented Mayor and Council Communication No. C-21965 from the Ord. No. 17399- City Manager recommending that the City Council authorize the transfer of 02-2007 $13,770.00 from the Water and Sewer Operating Fund to the Water Capital Crowley Projects Fund; adopt an appropriation ordinance increasing estimated receipts Independent and appropriations in the Water Capital Projects Fund in the amount of School District $13,770.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a Community Facilities Agreement with Crowley Independent School District, for the installation of water services to serve Crowley Middle School No. 3; and authorize the City Manager to execute a Community Facilities Agreement with Crowley Independent School District, for the installation of water services to serve Crowley Middle School No. 3. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21965 be approved and Appropriation Ordinance No. 17399-02-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. C-21966 There was presented Mayor and Council Communication No. C-21966 from the Ord. No. 17400- City Manager recommending that the City Council authorize the transfer of 02-2007 $13,748.00 from the Water and Sewer Operating Fund to the Water Capital The Ranches East, Projects Fund; adopt an appropriation ordinance increasing estimated receipts L.P. by Lost Spurs and appropriations in the Water Capital Projects Fund in the amount of Development, Inc. $13,748.00 from a Water and Sewer Operating Fund transfer, for the purpose of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 14 of 26 executing a Community Facilities Agreement with The Ranches East, L.P., by Lost Spurs Development, Inc., for the installation of water and sanitary sewer services to serve The Ranches East, Phase IA; and authorize the City Manager to execute a Community Facilities Agreement with The Ranches East, L.P., by Lost Spurs Development, Inc., for the installation of water and sanitary sewer services to serve The Ranches East, Phase IA. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21966 be approved and Appropriation Ordinance No. 17400-02-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to C-21967 designate Fort Worth Neighborhood Empowerment Reinvestment Zone No. 33 Ord. No. 17401- and authorize entering into a Tax Abatement Agreement with Michael D. 02-2007 Goold for property located at 2424 Weisenberger Street in the Trinity Park Designate Neighborhood Empowerment Zone. Mayor Moncrief opened the public FWNERZ No. 33 hearing and asked if there was anyone present desiring to be heard. and Tax Abatement with Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Michael D. Goold before Council, gave a staff report and called attention to Mayor and Council Communication No. C-21967, as follows: There was presented Mayor and Council Communication No. C-21967 from the City Manager recommending that the City Council hold a public hearing concerning the designation of 0.489 acres of land as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 33; adopt an ordinance amending Ordinance No. 16013 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number Fifteen (15) of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Thirty-Three (33), City of Fort Worth, Texas" pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone; find that the statements set forth in the recitals of the Tax Abatement Agreement with Michael D. Goold are true and correct; approve a five-year Municipal Property Tax Abatement for a property located at 2424 Weisenberger Street in the Trinity Park Neighborhood Empowerment Zone (NEZ) owned by Michael D. Goold; and authorize the City Manager to enter into the Tax Abatement Agreement with Michael D. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 15 of 26 Goold for the property located at 2424 Weisenberger Street in the Trinity Park 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, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. C-21967 be approved and Ordinance No. 17401-02-2007 be adopted. The motion carried unanimously six (6) ayes to one (1) nay, with Council Members Wheatfall and Davis absent and Council Member Silcox casting the dissenting vote. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on January 19, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-242 There was presented Zoning Docket No. ZC-06-242 and Site Plan No. SP-06- SP-06-038 038, application of Ron Self for a change in zoning of property located in the Approved 3500 block of Northeast 28th Street from "B" Two Family Residential and "E" Neighborhood Commercial to "E" Neighborhood Commercial and "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus: car wash and lube center, with on-site attendant and with site plan required. Council Member Scarth made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-242 and Site Plan No. SP-06-038, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. ZC-06-264 There was presented Zoning Docket No. ZC-06-264, application of the City of Approved Fort Worth for a change in zoning of property located at 5651, 5681, 5691, 5851 Columbus Trail and 6110 Granbury Road from "C" Medium Density Multifamily Residential and "PD-471" Planned Development to "PD-471" Planned Development for uses in the "F" General Commercial District, excluding: tattoo parlor, sexually oriented business, shooting ranges (indoor), gambling facilities and pawn shops, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 16 of 26 Council Member Jordan made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-06-264, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. SP-06-049 There was presented Site Plan No. SP-06-049, application of Giovanni Homes Approved for a change in zoning of property located at 8950 Creek Run Road for site plan for office use. Council Member Scarth made a motion, seconded by Council Member Jordan, that Site Plan No. SP-06-049, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. ZC-06-270A There was presented Zoning Docket No. ZC-06-270A, application of the Approved ACME Brick Company, et al., for a change in zoning of property located at 811 University Drive from "MU-2" High Intensity Mixed Use to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use subject to the provisions of Section 4.1001, with the following exceptions, and with site plan required: 1. Permit the construction of one hundred twenty (120) foot high, mixed- use buildings encroaching approximately twenty (20) feet into the required twenty (20) foot front yard setback, required for any portion of a building over sixty (60) feet, creating a zero (0)foot front yard; 2. Permit the construction of single-use buildings to a height limit of one hundred twenty (120) feet high and encroaching approximately twenty (20) feet into the required twenty (20) foot front yard setback, required for any portion of a building over sixty (60) feet, creating a zero (0) foot front yard. 3. Permit roof top terraces and other common spaces that are open to the sky to be included as part of the 10 percent open space requirements. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-06-270A, be approved with the following modifications of the "MU-2" regulations: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 17 of 26 1. Permit the construction of single-use buildings (defined as buildings containing residential uses) to a height of 120 feet, as shown on Zoning Exhibit 1. No building may exceed the height shown in Exhibit 1; 2. Permit the construction of buildings with heights exceeding 60 feet, as shown on Zoning Exhibit 1, with a zero foot front yard. No portion of such buildings, including those portions above 60 feet in height, is required to be set back from the front property line; and Site Plan required. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. ZC-06-282 There was presented Zoning Docket No. ZC-06-282, application of Legal Aid Approved of Northwest Texas for a change in zoning of property located at 600 East Weatherford Street from "D" High Density Multifamily Residential and "E" Neighborhood Commercial to "H" Central Business District. Council Member Burdette, made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-282, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. ZC-06-283 There was presented Zoning Docket No. ZC-06-283, application of Radi Continued Until Khader or a change in zoning of property located at 3005 Mansfield Highway March 6, 2007 from "E" Neighborhood Commercial to "FR" General Commercial Restricted. Radi Khader Mr. Radi Khader, 3005 Mansfield Highway, applicant for the zoning change, appeared before Council in support of the zoning change. He requested the zoning case be continued for 30 days to allow him to meet with the neighborhood to address their concerns. Edward Briscoe, Mr. Edward Briscoe, Jr., 2240 Briardale Road, President of the Glencrest Civic Jr. League, appeared before Council in opposition of the zoning change. He advised the Council of the neighborhood's support of the 30 day continuance to express their concerns with Mr. Khader. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-283, be continued until the March 6, 2007, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 18 of 26 ZC-06-286 There was presented Zoning Docket No. ZC-06-286, application of Richard A. Approved Baither for a change in zoning of property located at 8300 Camp Bowie West Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus: auto and furniture upholstery, automotive glass service and one dwelling unit as part of a business, no outside storage and with waiver of site plan recommended. (Council Member Davis returned to her chair at the dais.) Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-286, be approved with the provision that no outside work be permitted and with removal of the dwelling unit. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-288 There was presented Zoning Docket No. ZC-06-288, application of Hillwood Approved Alliance Residential, L.P., for a change in zoning of property located in the 4300 block of Heritage Trace Parkway from "A-5" One Family Residential to "E" Neighborhood Commercial. Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-06-288, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-289 There was presented Zoning Docket No. ZC-06-289, application of BP 200 Fort Approved Worth GP, LTD., for a change in zoning of property located in the 9300 block of Harmon Road from "E" Neighborhood Commercial and "I" Light Industrial to (Area 1) "A-5" One Family Residential, and (Area 2) "E" Neighborhood Commercial. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-06-289, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-290 There was presented Zoning Docket No. ZC-06-290 and Site Plan No. SP-06- SP-06-052 052, application of BNSF Railway for a change in zoning of property located in Approved the 4799 block of Mark IV Parkway from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus: storage, loading and off loading of ethanol, and with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 19 of 26 Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-290 and Site Plan No. SP-06-052, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-291 There was presented Zoning Docket No. ZC-06-291, application of THMC Approved Investment South, L.P., for a change in zoning of property located in the 9100 through 9400 blocks of Team Ranch Road from "AG" Agricultural to "A-5", "A-7.5", "A-10" and "A-21" One Family Residential. Council Member Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-291, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-292 There was presented Zoning Docket No. ZC-06-292, application of Wayne Approved Martin and Kathleen Rose Ann Coon for a change in zoning of property located at 3224 Mount Vernon Street from "A-5" One Family Residential to "A-5/HC" One Family Residential/Historic and Cultural Landmark Overlay. (Council Member Silcox stepped away from the dais.) Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-292, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. ZC-06-294 There was presented Zoning Docket No. ZC-06-294, application of the City of Approved Fort Worth for a change in zoning of property located at 704 South Jennings Avenue from "G/DD" Intensive Commercial/Demolition Delay to "G" Intensive Commercial. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-294, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. Mayor Moncrief advised that Zoning Docket Nos. ZC-06-301 through ZC-06- 323 were all surplus City properties. He stated that he had been advised by staff that the zoning cases could be voted by a single motion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 20 of 26 City Attorney Yett stated that all rezoning of City property that conformed to the Comprehensive Plan could be voted as a block if there were no opposition. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket Nos. ZC-06-301 through ZC-06-323 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. ZC-06-301 Zoning Docket No. ZC-06-301 - Application of the City of Fort Worth for a Approved change in zoning of property located at 2423 Race Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-302 Zoning Docket No. ZC-06-302 - Application of the City of Fort Worth for a Approved change in zoning of property located at 7900 Randol Mill Road from "ER" Neighborhood Commercial Restricted to "A-10" One Family Residential. ZC-06-303 Zoning Docket No. ZC-06-303 - Application of the City of Fort Worth for a Approved change in zoning of property located at 3201 Williams Place from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-304 Zoning Docket No. ZC-06-304 - Application of the City of Fort Worth for a Approved change in zoning of property located at 4018 Avenue L from `B" Two Family Residential to "A-5" One Family Residential. ZC-06-305 Zoning Docket No. ZC-06-305 - Application of the City of Fort Worth for a Approved change in zoning of property located at 2317 Dillard Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-306 Zoning Docket No. ZC-06-306 - Application of the City of Fort Worth for a Approved change in zoning of property located at 4520 Miller Avenue from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted. ZC-06-307 Zoning Docket No. ZC-06-307 - Application of the City of Fort Worth for a Approved change in zoning of property located at 5410 Ramey Avenue from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted. ZC-06-308 Zoning Docket No. ZC-06-308 - Application of the City of Fort Worth for a Approved change in zoning of property located at 1508 Amanda Avenue from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 21 of 26 ZC-06-309 Zoning Docket No. ZC-06-309 - Application of the City of Fort Worth for a Approved change in zoning of property located at 1604 Amanda Avenue from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted. ZC-06-311 Zoning Docket No. ZC-06-311 - Application of the City of Fort Worth for a Approved change in zoning of property located at 1429 Horncastle Street from "F" General Commercial to "A-5" One Family Residential ZC-06-312 Zoning Docket No. ZC-06-312 - Application of the City of Fort Worth for a Approved change in zoning of property located at 3210 Horne Street from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted. ZC-06-313 Zoning Docket No. ZC-06-313 - Application of the City of Fort Worth for a Approved change in zoning of property located at 498 Broadleaf Drive from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-314 Zoning Docket No. ZC-06-314 - Application of the City of Fort Worth for a Approved change in zoning of property located at 2019 Myrtle Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-315 Zoning Docket No. ZC-06-315 - Application of the City of Fort Worth for a Approved change in zoning of property located at 951 East Rosedale Street from "F" General Commercial to "MU-1" Low Intensity Mixed Use. ZC-06-316 Zoning Docket No. ZC-06-316 - Application of the City of Fort Worth for a Approved change in zoning of property located at 3100 MLK Freeway from `B" Two Family Residential to "A-5" One Family Residential. ZC-06-317 Zoning Docket No. ZC-06-317 - Application of the City of Fort Worth for a Approved change in zoning of property located at 2501 East Vickery Boulevard from "C" Medium Density Multi Family to "A-5" One Family Residential. ZC-06-318 Zoning Docket No. ZC-06-318 - Application of the City of Fort Worth for a Approved change in zoning of property located at 3006 Avenue G from "C" Medium Density Multi Family Residential to "A-5" One Family Residential. ZC-06-319 Zoning Docket No. ZC-06-319 - Application of the City of Fort Worth for a Approved change in zoning of property located at 2328 Oakland Boulevard from "E" Neighborhood Commercial to "A-5" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 22 of 26 ZC-06-322 Zoning Docket No. ZC-06-322 - Application of the City of Fort Worth for a Approved change in zoning of property located at 1234 Bewick Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-323 Zoning Docket No. ZC-06-323 - Application of the City of Fort Worth for a Approved change in zoning of property located at 1101 Hathcox Avenue from "B" Two Family Residential to "A-5" One Family Residential. ZC-06-324 There was presented Zoning Docket No. ZC-06-324, application of the City of Approved Fort Worth/West Berry Street Corridor for a change in zoning of property located south of Bowie, west of 8th Avenue, north of Devitt, east of Forest Park Boulevard from "A-5" One Family Residential, "B" Two Family Residential, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "MU-1" Low Intensity Mixed Use, "P' Light Industrial and "PD-119", "PD-142", "PD-264", "PD-366" Planned Developments to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-324, be approved with appreciation to the Berry Street Initiative, and Jesse Torres of the Planning Department. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. ZC-06-325 There was presented Zoning Docket No. ZC-06-325, application of the City of Approved Fort Worth for a change in zoning of property located in the 2900 blocks of Avenue M and N and the 2000 and 2100 blocks of Binkley Street from `B" Two Family Residential to "A-5" One Family Residential. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-325, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. AGENDA ITEM XVB - ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-06-300 There was presented Zoning Docket No. ZC-06-300, application of the City of Approved/Denied Fort Worth for a change in zoning of property located in the 9800 block of Lake Haven Circle be approved/denied, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 23 of 26 Approved: From "A-10" One Family Residential to "A-21" One Family Residential Denied: 9858 Lake Haven Circle; from "A-10" One Family Residential to "A-21" One Family Residential Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-300, be approved from "A-10" One Family Residential to "A-21" One Family Residential and that 9858 Lake Haven Circle; from "A-10" One Family Residential to "A-21" One Family Residential be denied. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-244 There was presented Zoning Docket No. ZC-06-244, application of Kevin Denied With Khorrami for a change in zoning of property located at 7006 South Freeway Prejudice from "E" Neighborhood Commercial to "I" Light Industrial. Council Member Jordan made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-06-244, be denied with prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. ZC-06-245 It appeared that the City Council, at its meeting of January 18, 2007, continued Approved the hearing of the application of Raudel Flores for a change in zoning of property located at 1501 through 1609 East Long Avenue from `B" Two Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial and excluding liquor stores, with waiver of site plan requested, Zoning Docket No. ZC-06-245. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Silcox returned to his chair at the dais.) Christopher Mr. Christopher Bonilla, 3204 S. Main, representing the applicant, appeared Bonilla before Council in opposition of the denial. He summarized the zoning change and requested Council's favorable consideration for this needed development. Council Member Espino stated that he had met with the Diamond Hill neighborhood and they expressed their support of the development. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 24 of 26 There being no one else present desiring to be heard in connection with the application of Raudel Flores, Council Member Espino made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-06-245 be approved with site plan required. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-284 There was presented Zoning Docket No. ZC-06-284, application of Westridge Denied Without Land Management for a change in zoning of property located at 5133 Birchman Prejudice Avenue from "C" Medium Density Multi Family Residential to "ER" Neighborhood Commercial Restricted. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-284, be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17402-02-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2007 PAGE 25 of 26 Item XVI Ms. Christina Green, 5804 Bonnell Avenue, appeared before Council relative to Citizen a requirement by the City to relocate their horses that are stabled in the Como Presentations area off of West Vickery Boulevard as it related to Zoning Docket No. ZC-06- Christina Green 317. Mayor Moncrief advised Ms. Green that Zoning Docket No. ZC-06-317 pertained to property on East Vickery and not West Vickery, and asked her to meet with City staff to clarify her concern and stated that this issue would be delayed until the end of the agenda. Lonnie Woods Mr. Lonnie Woods, 3810 Altamesa Boulevard, representing the SOP Community Economic Development Corporation, appeared before Council relative to discrimination against African American Community Housing Development Organizations (CHDOs). He provided a handout to the Council addressing his concerns and summarized its contents. He requested the following considerations: 1. That the SOP receive the proceeds due them by contract by February 9, 2007, at noon. 2. City Housing Department police themselves and that the Council hire a liaison to assist in working with CHDOs to ensure compliance with Housing and Urban Development rules. He further requested that they participate in the hiring process. 3. Extension of the SOP contract. Mayor Pro tem Hicks advised Mr. Woods that a good majority of the CHDOs were located in District 8 and provided examples that had been done by CHDOs in the District. She added that the City Council was given an extensive presentation today on CHDOs and that the Fort Worth Partnership had hired an independent consultant that could provide assistance. Assistant City Manager Dale Fisseler stated that the contract with the consultant had been signed which would accomplish Mr. Woods' request. Mayor Moncrief reiterated that the Council was given an extensive presentation today on CHDOs and advised Mr. Woods that action would be taken by the Council that would find responsible response on behalf of both sides to get the projects done the way they were intended. He added that the City was going to work at developing a better system and advised Mr. Wood that he would be kept informed of the progress. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 6,2007 PAGE 26 of 26 Christina Green Mayor Moncrief returned to previous speaker, Ms. Christina Green. Mr. Bob Riley, Development Department Director, advised the Council that the concern expressed by Ms. Green was not zoning related. James Bell Mr. James Bell, 5629 Lovell, stated that he attended a meeting at the Como Community Center on February 1, 2007, where City representatives addressed the removal of the horses. Council Member Burdette advised that he had attended the neighborhood association meeting on February 1, 2007, and this subject was brought up. He stated that two Code Compliance Officers were present who indicated they had found Code violations because of the horses. He added that the Code officer was going to take another look at the area to see if the problem could be resolved. He further stated that he had given his business card to Ms. Green and asked her to call him to set up a meeting to find out what needed to be done. He added that once he had the facts he would work with Code Compliance to resolve the issue. Agenda Item There being no further business,the meeting was adjourned at 9:04 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 201h day of February, 2007. Attest: Approved: n-u�� (I Marty H rix Michael J. oncrie City Secretary Mayor