Loading...
HomeMy WebLinkAbout2007/06/05-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Wendy Davis, District 9 Absent Council Member Carter Burdette, District 7 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 7:05 p.m. on Tuesday, June 5, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burdette absent and Council Member Davis temporarily absent. Agenda Item H The invocation was given by Bishop John Wurz, Church of Jesus Christ of Invocation Latter-Day Saints. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Moss, the minutes of the regular meeting of May 29, 2007, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Council Members Burdette and Davis absent. Agenda Item V Council Member Moss presented a Certificate of Recognition to Johnnie and Special Zella Taylor for their leadership and mentorship in the Sunrise Edition and Stop Presentations Six communities for more than 50 years. (Council Member Davis assumed her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 2 of 29 Council Member Espino presented a Proclamation for National Homeownership Month to Keith A. Nelson, Assistant Secretary of Administration, Housing and Urban Development. Council Member Jordan presented a Proclamation for National Safety Council to Arden Burg, Regional Manager for Texas Chapter of the National Safety Council. Ms. Shannon Hopper, Director of Sales and Marketing, Sheraton Fort Worth Hotel and Spa, invited the City Council to the events preceding the opening of their refurbished hotel on June 14, 2007, from 11:00 a.m. to 1:00 p.m. Agenda Item VI Mayor Pro tem Hicks expressed appreciation to the District 8 Advisory Board Announcements and residents for coming out for a quarterly meeting on June 4, 2007, at the American Red Cross. She specifically thanked Acting Finance Director, Richard Zavala, for leading the group in a spirited discussion on how to use Barnett Shale dollars. Council Member Silcox reminded everyone that sweeping grass clippings onto City streets was illegal and punishable by fines. He stated that homeowners and landscaping companies must not place grass clippings or leaves in the street as they could clog City storm drains. Council Member Jordan expressed appreciation to the leaders in District 6 that came together on June 2, 2007, for their advisory group to discuss various issues affecting District 6. He specifically thanked Jesse Torres from the Planning and Development Department for presenting information on the Comprehensive Plan. He also expressed appreciation to Police Chief Ralph Mendoza and members of the Police Department that participated in a Police Forum last week in District 6. Council Member Espino announced that it was race weekend at Texas Motor Speedway with the truck race on June 8, 2007, and the Indy Racing League on June 9, 2007. He encouraged everyone to go out and enjoy the races. He also expressed appreciation to the Mayor, Council Members and City staff who participated in the NASCO Conference last week. He especially acknowledged Assistant City Manager Dale Fisseler and Shirley Little, Assistant to the City Manager/Mayor and volunteer committee for their efforts. He added that he was privileged to speak at the Mayor's Global Awards luncheon and that it was very impressive to see that Fort Worth was not only about cowboys and culture, but about cowboys, culture, community and commerce. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 3 of 29 Council Member Davis announced that a Homebuyer's Fair that was geared towards first time homebuyers would be held on June 9, 2007, at the La Gran Plaza, from noon to 4:00 p.m. and that on June 13, 2007, at 6:00 p.m. at University Christian Church, a public meeting would be held to hear community input on the urban village design plans for the intersection of Berry Street and University Drive. Council Member Scarth extended get well wishes to Ms. Billie Hurst, Council Member Silcox's mother-in-law, who was recovering from surgery this week and was a constituent in his district. Council Member Silcox expressed appreciation to Council Member Scarth for acknowledging his mother-in-law's surgery and stated that the surgery was scheduled for today; however, the doctor's were fortunately able to avoid performing the surgery and that she was at home recovering. Mayor Pro tem Hicks expressed condolences to Council Member Moss on the recent passing of his father. Council Member Silcox regretfully announced that Police Lieutenant Dean Sullivan, Public Information Officer for the Fort Worth Police Department, lost his daughter, Misty Gray, early today as a result of a head-on car collision. He asked that today's meeting be adjourned in the memory of Claudie Moss, Sr. and Misty Gray. Council Member Moss stated that he appreciated the sympathy expressed and added that his father was 90 years old and had led a very productive life. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-22157 be withdrawn from the consent agenda. Consent Agenda Council Member Moss requested that Mayor and Council Communication Nos. L-14326 and L-14330 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22157 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Mayor Pro tem Consent Agenda Hicks, the Council voted eight (8) ayes to zero (0) nays, with Council Member Burdette absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 4 of 29 OCS-1612 M&C OCS-1612 - 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-15742 M&C G-15742 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Firefighter William Thompson beginning May 10, 2007, Leave-of-Absence through November 10, 2007. Pay Benefits for Firefighter William Thompson G-15743 M&C G-15743 - Authorizing the City Manager to execute a contract with the Temporary State of Texas Department of Transportation, to temporarily close North Main Closure of North Street (State Highway BUS 287) from Northeast 4th Street to Refinery Street Main Street from beginning at 6:00 p.m. on Thursday, July 12, 2007, until 7:00 a.m. on Monday Northeast 4th July 16, 2007; and authorizing the City Manager to execute a contract with Street to Refinery Innovation Event Management, LP, for temporary closure of North Main Street Street from (State Highway BUS 287) from Northeast 4th Street to Refinery Street July 12-16, 2007, beginning at 6:00 p.m. on Thursday, July 12, 2007, until 7:00 a.m. on Monday, for Gran Fiesta July 16, 2007, for the Gran Fiesta. G-15744 M&C G-15744 - Authorizing the City Manager to approve additional funding Ord. No. 17578- in the amount of $179,898.00 from the Federal Aviation Administration to 06-2007 design and construct airfield pavement rehabilitation and pavement joint Design and resealing, design airfield sign rehabilitation, design airport beacon relocation Construction and purchase and install airfield lighting control panel at Fort Worth Alliance Various Airport; authorizing the use of land credits in the amount of$9,468.31 for the Improvements and City's in-kind local match of five (5) percent of the project cost; and adopting Purchase and Appropriation Ordinance No. 17578-06-2007 increasing estimated receipts and Install Airfield appropriations in the Grants Fund in the amount of $189,366.31, subject to Lighting Control receipt of the revised grant from the Federal Aviation Administration, for the and Monitoring purpose of the design and construction of various improvements at Alliance System at Fort Airport. Worth Alliance Airport P-10586 M&C P-10586 - Authorizing a purchase agreement for charter bus Charter Bus transportation with Durham School Services for the Parks and Community Transportation Services Department based on sole bid received with payment due 30 days from receipt of invoice; authorizing the agreement to begin on June 5, 2007, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 5 of 29 and end August 17, 2007, with options to renew for two additional summer periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10587 M&C P-10587 - Authorizing the sole source purchase of an upgrade to the Upgrade to automated reporting system for the Police Department from Tiburon, Inc., for Automated an amount not to exceed $33,000.00 (including the initial year's maintenance, Reporting System service and upgrades) with payment due 30 days after receipt of invoice; and authorizing execution of a License Agreement with Coplogic, Inc. P-10588 M&C P-10588 - Authorizing a lease with an option to purchase agreement for a Wheel Loader, wheel loader, dozer, excavator, soil compactor and track loader from Holt, Dozer, Excavator, Texas, Ltd., d/b/a Holt CAT through its Texas Association of School Boards Soil Compactor Buy-Board Contract No. 205-04; and authorizing this agreement to begin and Track Loader May 29, 2007, and expire on November 28, 2007, with an option to renew for an additional six (6) month period. L-14327 M&C L-14327 - Authorizing the direct sale of a tax-foreclosed property Sale of Tax described as Lot 2, Block 3, Urban Meadows Addition, located at 5154 Velma Foreclosed Drive in accordance with Section 34.05 of the Texas State Property Tax Code Property to New Harvest Community Baptist Church (DOE 920) in the amount of $3,292.00; and authorizing the City Manager to execute and record the appropriate documents conveying the property to complete the sale. L-14328 M&C L-14328 - Authorizing the conveyance of one Permanent Drainage Convey Easement and Temporary Construction Easement described as a portion of the Permanent J. Bennett Survey, Abstract No. 178, Fort Worth, Tarrant County, Texas, Drainage required for the construction of a concrete lined drainage channel, to the Fort Easement and Worth Transportation Authority located in the CentrePort Development in east Temporary Fort Worth(DOE 5267). Construction Easement L-14329 M&C L-14329 - Approving the sealed bid sale of tax foreclosure properties as Sale of Tax described below, in accordance with Section 272.001 of the Texas Local Foreclosed Government Code for a total of$24,865.00; and Properties CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 6 of 29 Bidder Property Address Legal Description Neighborhood Land 1234 W. Bewick St. Lot 21,Block F, Clark Shaw Corp. Addition Cathy Triana 3820 N. Crump St. Lot 2,Block 3,Fostepco Heights Addition Cathy Triana 1224 Meriwether Lot 7,Block 1, Weisenberger Ave. Addition#4 Mark Harwell 2019 Myrtle St. (E.) Lot 12,Block 72,Highland to Glenwood Addition Regina Puente 712 Powell Ave. Lot 173,Block 7,Hyde Park Addition Authorizing the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. C-22156 M&C C-22156 - Authorizing the transfer of$72,209.00 from the Storm Water Ord. No. 17579- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17579-06-2007 increasing estimated receipts and appropriations Neel Schaffer, Inc. in the Storm Water Capital Projects Fund in the amount of$72,209.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Neel Schaffer, Inc., for Academy Boulevard Culvert Improvements (City Project No. 00479) and Grassland Court Drainage Improvements Study; and authorizing the City Manager to execute an engineering agreement with Neel Schaffer, Inc., in the amount of $62,790.00 for Academy Boulevard Culvert Improvements and Grassland Court Drainage Improvements Study. C-22158 M&C C-22158 - Authorizing the transfer of$130,646.00 from the Storm Water Ord. No. 17580- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17580-06-2007 increasing estimated receipts and appropriations LopezGarcia in the Storm Water Capital Projects Fund in the amount of$130,646.00 from a Group Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with LopezGarcia Group, for the Forest Park-Parkview Storm Drain Study (City Project No. 00674); and authorizing the City Manager to execute an engineering agreement with LopezGarcia Group, in the amount of$113,605.00 for Forest Park-Parkview Storm Drain Study. C-22159 M&C C-22159 - Authorizing the transfer of$169,063.00 from the Storm Water Ord. No. 17581- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17581-06-2007 increasing estimated receipts and appropriations TranSystems in the Storm Water Capital Projects Fund in the amount of$169,063.00 from a Corporation Storm Water Utility Fund transfer, for the purpose of executing an engineering Consultant agreement with TranSystems Corporation Consultants for drainage CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 7 of 29 improvements to Kermit-Bonnie channel and culvert, Merida Avenue, Sarita Channel and Waverly Park (City Project No. 00484); and authorizing the City Manager to execute an engineering agreement with TranSystems Corporation Consultants, in the amount of $132,305.00 for drainage improvements to Kermit-Bonnie channel and culvert, 4600 block of Merida Avenue, Sarita Channel and Waverly Park. C-22160 M&C C-22160 - Authorizing the transfer of$57,852.00 from the Storm Water Ord. No. 17582- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17582-06-2007 increasing estimated receipts and appropriations Stream Water in the Storm Water Capital Projects Fund in the amount of$57,852.00 from a Group, Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Stream Water Group, Inc., for the drainage study for future storm drain improvements to Raider Channel (City Project No. 00660); and authorizing the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of $50,305.00 for the Drainage Study for future Storm Drain Improvements to Raider Channel. C-22161 M&C C-22161 - Authorizing the direct sale of 13 tax-foreclosed properties KT Land, Ltd. described below to KT Land, Ltd., in accordance with Ordinance No. 13533; and Property Address Legal Description 905 Hattie St. Lot 21,Block 4,Union Depot Addition 1612 Hattie St. Lot 4,Block 10, Glenwood Addition 1532 Hattie St. Lot 9,Block 9, Glenwood Addition 929 Humbolt St. Lot 23,Block 2,Evans Addition 1204 Humbolt St. Lot 50,Block 4,McConnell Addition 355 Illinois Ave. S. 34-feet of Lot 1, Block 21, Union Depot Addition 1224 Leuda St. Lot 7,Block 28,Union Depot Addition 928 Leuda St. Lot 8,Block 7,Union Depot Addition 936 Leuda St. Lot 10,Block 7,Union Depot Addition 1058 Pulaski St. Lot IA,Block 5,Lake Park Place 914 Stella St. Lot 2R,Block 5, JC Terrell Subdivision 1000 Terrell Ave. Lot 1,Block 1,Zabriskas Addition 1001 Tucket St. Part of Lot 19, Lot 20, Block 13, Union Depot Addition Authorizing the City Manager to execute the appropriate deeds conveying the properties to KT Land, Ltd., and record the deeds. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 8 of 29 C-22162 M&C C-22162 - Authorizing the transfer of$37,157.00 from the Storm Water Ord. No. 17583- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17583-06-2007 increasing estimated receipts and appropriations HDR Engineering, in the Storm Water Capital Projects Fund in the amount of$37,157.00 from a Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with HDR Engineering, Inc., for the Tony's Creek Detention Rehabilitation Study (City Project No. 00486); and authorizing the City Manager to execute an engineering agreement with HDR Engineering, Inc., in the amount of$32,310.00 for the Tony's Creek Detention Rehabilitation Study. C-22163 M&C C-22163 - Authorizing the City Manager to approve payment in the TXU Electric amount of$32,346.28 to TXU Electric for upgrading electrical service for the expansion of the Como Pump Station. The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Lauren Lutz be appointed to the Youth Advisory Board effective City Council June 5, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, Appointments with Council Member Burdette absent. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mercedes Moffett be appointed to the Youth Advisory Board and that Don Young be appointed to Place 8 on the Urban Forestry Board effective June 5, 2007, and with term expiring October 1, 2008, for Don Young 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 a resolution of the City Council of the City of Fort Worth, Res. No. 3493-06- Texas, canceling and changing various dates of the regularly scheduled City 2007 Council meetings for the months of June, July, August, November, December Cancel and 2007, and January 2008, as follows: Change Regular City Council The City Council meeting of Tuesday, June 26, 2007, at 10:00 a.m., is hereby Meeting Dates canceled. The City Council meeting of Tuesday, July 3, 2007, at 7:00 p.m., is hereby canceled. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 9 of 29 The City Council meeting of Tuesday, August 7, 2007, at 7:00 p.m., is hereby changed to Thursday, August 9, 2007, at 7:00 p.m. The City Council meeting of Tuesday, November 13, 2007, at 7:00 p.m., is hereby canceled. The City Council meeting of Tuesday, November 20, 2007, at 10:00 a.m., is hereby canceled. The City Council meeting of Tuesday, December 25, 2007, at 10:00 a.m., is hereby canceled. The City Council meeting of Tuesday, January 1, 2008, at 7:00 p.m., is hereby canceled. Council Member Davis made a motion, seconded by Council Member Silcox, that Resolution No. 3493-06-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Agenda Item XIV There was presented a resolution granting approval to the Tarrant County Res. No. 3494-06- Housing Finance Corporation for the use of the proceeds of its Series 2007 2007 Single Family Mortgage Revenue Bonds to finance home mortgages for single Approve Use of family homes located within the City. Proceeds from Series 2007 Single Council Member Davis made a motion, seconded by Council Member Espino, Family Mortgage that Resolution No. 3494-06-2007 be adopted. The motion carried Revenue Bonds to unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette Finance Home absent. Mortgages for Single Family Homes AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15745 There was presented Mayor and Council Communication No. G-15745 from Ord. No. 17584- the City Manager recommending that the City Council adopt a supplemental 06-2007 appropriation ordinance increasing appropriations in the General Fund in the Payment for FY amount of $84,950.00 and decreasing the unreserved, undesignated fund 2005 Single Audit balance by the same amount, for the purpose of funding an additional increase and in audit fees to Deloitte & Touche, LLP, for the completion of the Fiscal Year Comprehensive 2004-2005 Audit; and authorize an additional $84,950.00 for independent Annual Financial auditing services to Deloitte & Touche, LLP, for the Fiscal Year 2005 Single Report Audit and Comprehensive Annual Financial Report, establishing the FY 2005 audit fee at $1,025,760.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 10 of 29 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15745 be approved and Supplemental Appropriation Ordinance No. 17584-06-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. G-15746 There was presented Mayor and Council Communication No. G-15746 from Ord. No. 17585- the City Manager recommending that the City Council adopt a supplemental 05-2007 appropriation ordinance increasing appropriations in the General Fund in the Increase Fee for amount of $453,000.00 and decreasing the unreserved, undesignated fund FY 2006 Single balance by the same amount, for the purpose of funding Fiscal Year 2006 Audit and Financial Auditing Services with Deloitte & Touche, LLP, for the Finance Comprehensive Department; authorize the City Manager to execute an engagement letter with Annual Financial Deloitte & Touche, LLP, for the FY 2006 Audit; and authorize an additional Report $453,000.00 for independent auditing services by Deloitte & Touche, LLP, for the Fiscal Year 2006 Single Audit and Comprehensive Annual Financial Report, making the total estimated fee for the FY 2006 Audit $785,000.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15746 be approved and Supplemental Appropriation Ordinance No. 17585-06-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-15747 Mayor and Council Communication No. G-15747 to consider a waiver for a Continued Until high impact gas well permit requested by XTO Energy for the Tucker 1H, 2H July 17, 2007 and Skinner 1H wells to be drilled on Pad-A of the Burkhalter Lease. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Hicks stated that because of illness, she had canceled meetings with Mr. Dueease from XTO Energy to discuss this issue. She stated that she and Mr. Dueease would meet next week; therefore, she would delay action on this issue until July 17, 2007. Walter Dueease Mr. Walter Dueease, 810 Houston Street, representing XTO Energy, appeared before Council in support of the waiver for a high impact gas well permit and supported Mayor Pro tem Hicks's decision to continue the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 11 of 29 There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the public hearing and Mayor and Council Communication No. G-15747 be continued until the July 17, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Council Member Moss requested that Mayor and Council Communication Nos. G-15748, G-15749 and G-15750 be presented at the same time as they were relative to Municipal Setting Designations. Public Hearings It appeared that the City Council set today as the date for a public hearing G-15748 supporting the applications of Direct Fuels for a Municipal Setting Designation G-15749 for the properties located at 12401, 12485 and 12625 Calloway Cemetery Road, G-15750 Goodrich Corporation for a Municipal Setting Designation for the property Continued Until located at 4000 South Highway 157, and Sun Coast Resources, Inc., for a June 19, 2007 Municipal Setting Designation for the property located at 12409 Calloway Cemetery Road Fort Worth, Texas, to the Texas Commission on Environmental Quality and adopt an ordinance prohibiting the potable use of designated groundwater from beneath the site. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Brian Boerner, Environmental Management Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication Nos. G-15748, G-15749 and G-15750 as follows: G-15748 There was presented Mayor and Council Communication No. G-15748 from Continued Until the City Manager recommending that the City Council conduct a public hearing June 19, 2007 on the application of Direct Fuels, for approval of a Municipal Setting Designation (MSD) for the properties located at 12401, 12485 and 12625 Calloway Cemetery Road, an approximately 46.004-acre tract, more fully described as Lot 3, Block 1, Petroleum Industries, Inc., Addition and Lot 1, Block 1, Petroleum Industries, Inc., Addition of the J.W. Calloway Survey, Abstract No. 336, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of Direct Fuels to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 12401, 12485 and 12625 Calloway Cemetery Road, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 12 of 29 Designation Sites in Fort Worth", by the addition of Section 11, designating CFW-MSD-0011, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0011; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. G-15749 There was presented Mayor and Council Communication No. G-15749 from Continued Until the City Manager recommending that the City Council conduct a public hearing June 19, 2007 on the application of Goodrich Corporation, for approval of a Municipal Setting Designation (MSD) for the property located at 4000 South Highway 157, an approximately 41.027-acre tract, more fully described as a tract of land situated in the J. R. Wallace Survey, Abstract No. 1699 and being a portion of Lot 1, Block 1 of the Menasco Manufacturing Company Addition, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of Goodrich Corporation to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 4000 South Highway 157, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth(1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 12, designating CFW-MSD-0012, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0012; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. G-15750 There was presented Mayor and Council Communication No. G-15750 from Continued Until the City Manager recommending that the City Council conduct a public hearing June 19, 2007 on the application of Sun Coast Resources, Inc., for approval of a Municipal Setting Designation (MSD) for the property located at 12409 Calloway Cemetery Road, an approximately 2.593-acre tract, more fully described as Lot 4, Block 1, Petroleum Industries Inc., Addition, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of Sun Coast Resources, Inc., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 12409 Calloway Cemetery Road, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 13 of 29 Section 10, designating CFW-MSD-0010, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0010; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. Council Member Moss stated that a meeting was held on these issues and attendees expressed the desire for another meeting to be held to gather more information. He stated the meeting would be held at Treetop School on June 14, 2007, where there will be an opportunity to present information to the affected communities. The following individuals appeared before Council in support of MSDs 10, 11 and 12. They explained the appropriateness and value of an MSD, the benefits of MSDs such as increased property values and pointed out that the MSDs allowed for future development of the properties. Gary Henson, Mr. Gary Henson 12625 Calloway Cemetery Road Greg Rogers, (Represented Direct Fuels) Steven George, Mr. Greg Rogers 750 N. St. Paul, Ste 200, Dallas, TX Bruce Amig, Mr. Steven George 1605 Larkspur Drive, Arlington, TX Allison Exall Mr. Bruce Amig 2730 W. Tyvola Road, Charlotte, NC Ms. Allison Exall 1700 Pacific Avenue, Dallas, TX Tom Heilman Mr. Tom Heilman, 12550 Trinity Boulevard, representing Flint Resources, appeared before Council in opposition of the MSDs 10, 11 and 12. He stated that a meeting was held on May 22, 2007, at the Regional Library with the largest attendance for any MSD here thus far as reported by Brian Boerner, Environmental Management Department. He added that the meeting on June 14, 2007, would provide additional meeting to the areas affected and the delay would not prejudice the applicant as the pollution had been present since 2002. He requested a delay for action on this issue until July 10, 2007. Council Member Moss concurred with Mr. Heilman and stated that it would be appropriate for the affected neighborhoods to meet with representatives of these companies to receive information on the MSDs. He added that he would close the public hearings and delay action on these items until June 19, 2007. There being no one else present desiring to be heard in connection with the public hearings, Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that the public hearings be closed and that action on Mayor and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 14 of 29 Council Communication Nos. G-15748, G-15749 and G-15750 be continued until the June 19, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. L-14326 There was presented Mayor and Council Communication No. L-14326 from the Sale of Tax City Manager recommending that the City Council authorize the direct sale of Foreclosed tax-foreclosed property described as Lot 7, Block 2, Douglas Park Addition, Property located at 4820 Fitzhugh Avenue in accordance with Section 34.05 of the Texas State Property Tax Code to Roderick Williams (DOE 920) in the amount of $2,470.99; and authorize the City Manager to execute and record the appropriate documents conveying the property to complete the sale. Council Member Moss advised City staff that he was concerned with the housing stock being constructed in District 5, specifically from the standpoint of City-owned property being sold to buyers who planned to rehabilitate or construct new housing. He added that it was important for the Council and Housing Department to have an opportunity to review proposals for these properties because what the City was looking at was building neighborhoods. He pointed out that if something was constructed that was not good for the neighborhood, the neighborhood could be adversely affected and that was exactly what was happening in parts of District 5, specifically where this property is located. Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L-14326 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. L-14330 There was presented Mayor and Council Communication No. L-14330 from the Sale of Tax City Manager recommending that the City Council authorize the direct sale of Foreclosed two tax-foreclosed properties as described below, in accordance with Section Properties 34.05 of the Texas State Property Tax Code to Rbrown Construction LLC (DOE 920)for the amount of$19,321.87; and Property Address Legal Description 1932 Lloyd Ave. Lot 18, Block A, South Eastlawn Addition 2216 Eastover Ave. Lot 16, Block 2, Eastover Addition Authorize the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 15 of 29 Council Member Moss reiterated his comments made relative to Mayor and Council Communication L-14326. He stated that he would work with the purchasers to determine exactly what was being proposed. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14330 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. City Manager Boswell stated that corrected copies of Mayor and Council Communications Nos. L-14331 and L-14332 and their ordinances had been distributed to the Council. L-14331 There was presented Mayor and Council Communication No. L-14331 from the Ord. No. 17586- City Manager recommending that the City Council authorize the City Manager 06-2007 to execute two option agreements to sell City owned property in the Evans and Ord. No. 17587- Rosedale Project Area to Cypress Equities, L.P., in accordance with Chapter 06-2007 272 of the Texas Local Government Code; authorize the City Manager to Sale of City execute appropriate deeds conveying the property to Cypress Equities, L.P., if Owned Property the terms of the option agreements are satisfied; authorize the use of $1,064,100.00 in Community Development Block Grant Program Income from the proceeds of the land sale; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Revolving Loan Fund in the amount of $1,064,100.00 from available funds for the purpose of transferring said funds to the Grants Fund for Community Development Block Grant Program Income; authorize the transfer of $1,064,100.00 from the Revolving Loan Fund to the Grants Fund; and adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,064,100.00 from a Revolving Loan Fund transfer for the purpose of funding Community Development Block Grant program income. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14331 be approved as corrected, with appreciation and Appropriation Ordinance Nos. 17586-06-2007 and 17587-06-2007 be adopted as corrected. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 16 of 29 L-14332 There was presented Mayor and Council Communication No. L-14332 from the Ord. No. 17588- City Manager recommending that the City Council accept $7,985,887.14 from 06-2007 the Dallas/Fort Worth (DFW) International Airport for reimbursement for the Purchase remaining balance of capital contributions for the initial development of DFW Apartment Airport; adopt an appropriation ordinance increasing estimated receipts and Complexes for appropriations in the Capital Projects Reserve Fund in the amount of Demolition $4,575,000.00 from available funds for the purpose of transferring said funds to the Specially General Fund for the purchase of property on Boca Raton for the purpose of demolition; authorize the City Manager to execute a purchase agreement with Blue Valley Apartments, Inc., to purchase the Oak Hollow Apartment Complex located at 5901 Boca Raton for $2,250,000.00; authorize the City Manager to execute a purchase agreement with LSF5 Villa Del Rio, LLC, to purchase the Villa Del Rio Apartment Complex located at Lot 1, Block 1, of the Spanish Oaks Apartment Addition, also known as 5817 Boca Raton for $1,575,000; authorize the City Manager to execute any documents necessary to complete the transactions as provided in the purchase agreements; and authorize the expenditure of up to $750,000.00 for the demolition of the structures on the property. The following individuals appeared before Council in support of the demolition. They expressed their appreciation to the Council for supporting this issue and stated that the demolition would add value to their properties and encourage change in the area. Joe Epps, Mr. Joe Epps 828 Firewheel Trail Lorenzo Evans, Mr. Lorenzo Evans 205 Silverleaf Drive Barbara Holston, Ms. Barbara Holston 1201 E. 13th Street Michele Flores Ms. Michele Flores 916 Sauda Drive, Arlington, TX The Mayor and several Council Members expressed the importance of this issue and the impact it would have on the redevelopment of the area. They recognized the leadership of Council Member Scarth, the efforts of the Economic and Community Development Department staff and Assistant City Manager Dale Fisseler. They also congratulated the Woodhaven neighborhood for their resolve in seeing this issue through to completion. Mayor Moncrief also acknowledged the presence of former District 4 Council Member Becky Haskin in the audience and credited her tenure on the Council as being a tireless advocate and paving the way toward completion of this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 17 of 29 (Council Member Silcox left his place at the dais.) Council Member Scarth expressed appreciation to Mayor Moncrief for his leadership and to former District 4 Council Member Becky Haskin for setting this issue in motion. He also expressed appreciation to City Manager Boswell, the Economic and Community Development staff, Mr. Joe Epps and the Woodhaven neighborhood for their hard efforts that resulted in a long term good investment for the City Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. L-14332 be approved as corrected and Appropriation Ordinance No. 17588-06-2007 be adopted as corrected. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Burdette absent. Recessed/ Mayor Moncrief recessed the meeting at 8:38 p.m. and reconvened the meeting Reconvened at 8:48 p.m. with Mayor Pro tem Hicks temporarily absent and Council Member Burdette absent. Public Hearing It appeared that the City Council set today as the date for a public hearing L-14333 authorizing the conversion of approximately 0.585 acres of parkland at Convert Parkland Southwest Community Park for construction of a sanitary sewer line. Mayor for Construction Moncrief opened the public hearing and asked if there was anyone present of Sanitary Sewer desiring to be heard. Line (Mayor Pro tem Hicks assumed her place at the dais.) Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14333, as follows: There was presented Mayor and Council Communication No. L-14333 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public and Recreational Lands; find that no feasible or prudent alternative exists for locating the proposed sanitary sewer line in Southwest Community Park; find that the proposed sanitary sewer line includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert approximately 0.585 acres of dedicated parkland for use as a sanitary sewer line to be placed in the southwestern portion of Southwest Community Park, being a portion of land situated in Abstract No. 4, in the R. J. Ware Survey, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 18 of 29 There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14333 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22157 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. C-22157, Authorize Execution of Engineering Agreement Consideration with LopezGarcia Group, for the Cooks-Ederville Culvert Erosion Protection Study (Project No. 00667) and Adopt Appropriation Ordinance, be withdrawn from consideration. C-22164 There was presented Mayor and Council Communication No. C-22164 from the Continued Until City Manager recommending that the City Council approve an interim June 12, 2007 subordinate construction loan to FW-Eastland Housing Partners, Ltd., in the amount of $900,000.00 from the City of Fort Worth utilizing its HOME Program Fund Allocation conditioned on an award of Low Income Housing Tax Credits by the Texas Department of Housing and Community Affairs; authorize the City Manager or his designee to execute a contract for the project with FW-Eastland Housing Partners, Ltd., for a two year term beginning on the date of execution of the contract; and authorize the City Manager or his designee to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations governing federal grant funds. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22164 be continued until the June 12, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22165 There was presented Mayor and Council Communication No. C-22165 from the Hometowne at City Manager recommending that the City Council approve a subordinate Matador Ranch, construction/permanent loan to Hometowne at Matador Ranch, LP., in the LP. amount of $650,000.00 from the City of Fort Worth utilizing its HOME Program Fund allocation in conjunction with Low Income Housing Tax Credits awarded on April 12, 2007, by the Texas Department of Housing and Community Affairs; approve acceptance of proceeds of multi-family bonds issued by the Tarrant County Housing Finance Corporation; authorize the City Manager or his designee to execute a contract for the project with the Hometowne at Matador Ranch, LP., for the project for a two year term beginning on the date of execution of the contract; authorize the City Manager CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 19 of 29 or his designee to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations governing federal grant funds; and authorize the extension or renewal of the contract for up to one year, if Hometowne at Matador Ranch, LP., requests an extension and is not in default under the terms of the contracts. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22165 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22166 There was presented Mayor and Council Communication No. C-22166 from the Museum Place City Manager recommending that the City Council authorize the execution of a Development developer agreement with Museum Place Development Group, Ltd., for the Group, Ltd. Museum Place Sustainable Development Project; and authorize a change in the name of the provider of the local matching funds from Cultural District Development Initiatives, Inc., to Camp Bowie District, Inc. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22166 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to C-22167 adopt the proposed amendment to the Master Thoroughfare Plan, MT-07-001, Amend Master to add Avondale-Haslet Road as a Minor Arterial from future Wagley- Thoroughfare Robertson Road to the Fort Worth/Haslet City limits. Mayor Moncrief opened Plan, MT-07-001, the public hearing and asked if there was anyone present desiring to be heard. to Add Avondale- Haslet Road as (Mayor Pro tem Hicks left her place at the dais.) Minor Arterial from Future Mr. Mark Rauscher, Planning and Development Manager, Transportation and Wagley-Robertson Public Works Department, appeared before Council, gave a staff report and Road to Fort called attention to Mayor and Council Communication No. C-22167, as Worth/Haslet City follows: Limits There was presented Mayor and Council Communication No. C-22167 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan (MTP), MT-07-001, to add Avondale-Haslet Road as a Minor Arterial from future Wagley-Robertson Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 20 of 29 to the Fort Worth/Haslet City limits. This MTP Amendment supports the increasing east-west traffic movement in the area, modifies the alignment of Avondale-Haslet Road to account for access requirements for future SH 170, and is consistent with the City of Haslet's Master Thoroughfare Plan. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. C-22167 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Burdette absent. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Mayor Pro tem Hicks returned to her place at the dais.) ZC-07-002 It appeared that the City Council, at its meeting of May 1, 2007, continued the SP-07-001 hearing of the application of M&M Properties, L.P., for a change in zoning of Approved property located at 1116 and 1120 North Beach Street, 3910 Wheeler Street, and 1151, 1155, 1161 and 1163 Harper Street from `B" Two Family Residential, "E" Neighborhood Commercial and "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus auto parts supply, limited to an approximately 2,500 square foot building area, and 35-foot wide driveway along Wheeler Street, with site plan required, Zoning Docket No. ZC-07-002 and Site Plan No. SP-07-001. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of M&M Properties, L.P., Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks that the hearing be closed and that Zoning Docket No. ZC-07-002 and Site Plan No. SP-07-001 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 May 1, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 21 of 29 ZC-07-010 There was presented Zoning Docket No. ZC-07-010, application of Lily Pad Approved Properties, L.P., for a change in zoning of property located at 2800 Sandage Avenue from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for "MU-1" Low Intensity Mixed-Use for residential uses, and with waiver of site plan recommended. Melissa Wade Ms. Melissa Wade, 2700 Waits Avenue, appeared before Council in opposition of the zoning change. She stated that the property was deteriorating and that four for sale signs had gone up in the neighborhood since the proposed rezoning was announced. She added that the property was an eyesore and requested the Council deny the zoning change. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the rezoning. He referred to Ms. Wade's comments and stated the applicant proposed to construct a high quality condominium complex on the property. He stated that meetings had been conducted with neighborhood organizations and that the applicant was trying to follow the plan to redevelop the area into an urban village. Council Member Davis requested that Dana Burghdoff, Planning and Development Department Deputy Director, explain the Comprehensive Plan and why this property was included as part of the urban village and growth center. Ms. Burghdoff stated that the Texas Christian University area was designated as a mixed use growth center within the City's Comprehensive Plan and this particular block of Sandage Avenue was part of that mixed use growth center. She explained that this encouraged higher density residential uses within that growth center boundary. She added that along this block there were higher density residential uses whereas blocks to the west and north might contain more single family homes. (Mayor Pro tem Hicks left her place at the dais.) Council Member Davis stated that the proposed development was consistent with the Comprehensive Plan and that the change was compatible with the existing land use. She added that it was the first of other stages of development towards an urban village and that the project would add value to the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 22 of 29 Council Member Davis made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-07-010, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Burdette absent. ZC-07-017 There was presented Zoning Docket No. ZC-07-017 and Site Plan No. SP-07- SP-07-019 019, application of Gum Properties, Inc., for a change in zoning of property Approved located at 2251 Altamesa Boulevard from "FR" General Commercial Restricted to: "PD/SU" Planned Development/Specific Use for truck rental parking. Hours of operation are Monday through Friday 8:30 a.m. to 5:30 p.m., with a maximum of 12 truck units shall be allowed at any given time. A rental unit is defined as a truck unit or attached trailer, both shall constitute as two units. Parking area is to be concrete, and shall be landscaped with a sidewalk to be constructed, and with site plan required. (Mayor Pro tem Hicks returned to her place at the dais.) Council Member Jordan made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-017 and Site Plan No. SP-07-019, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-026 There was presented Zoning Docket No. ZC-07-026 and Site Plan Nos. SP-07- SP-07-014 014 and SP-07-015, application of Texas Industrial Scrap Iron & Metal and SP-07-015 Industrial Scrap Materials for a change in zoning of property located in the Approved 3700 through 3800 blocks of North Commerce Street from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus recycling and related uses, shredder, and outdoor storage. Metal scrap materials not to be visible from public right-of-way, and with site plans required. Barry Hudson Mr. Barry Hudson, 1501 Merrimac Circle, Suite 100, representing the applicant, appeared before Council in support of the rezoning. He addressed concerns expressed relative to the appearance along Commerce Street and stated that additional sidewalks and screening fence would be constructed. He referred to the limitation of scrape metal pile heights to 12 feet across the entire site and requested that this suggestion be revised to no higher than 12 feet maximum within 30 feet of Commerce Street. Council Member Espino stated that he supported this rezoning as this recycling yard was the first to make efforts to provide outreach to the District and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 23 of 29 Meacham International Airport tenants. He added that the new shredder would hopefully reduce the pile height as one of the challenges on north Main was the pile height was very high. He encouraged the applicant to continue working with the neighborhood to address traffic concerns. He also encouraged City staff to assist him in finding funding for a formal North Main Planning Study. Council Member Espino made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-026 and Site Plan Nos. SP-07-014 and SP-07- 015, be approved with the modification as requested by the applicant that the pile height be a maximum of 12 feet within 30 feet of Commerce Street. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-028 There was presented Zoning Docket No. ZC-07-028, application of Raul Jaquez Continued Until and Marisol Garcia for a change in zoning of property located in the 3400 block June 19, 2007 of Galvez Avenue; from "J" Medium Industrial to "A-5" One Family Residential. Mayor Pro tem Hicks stated that she needed to meet with the applicant to address the industrial use on the southern portion of this area. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-028, be continued until the June 19, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-031 There was presented Zoning Docket No. ZC-07-031, application of Sameer Approved Dalal for a change in zoning of property located at 402 West Rosedale Street; from "G" Intensive Commercial to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-031, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-039 There was presented Zoning Docket No. ZC-07-039, application of the City of Approved Fort Worth for a change in zoning of property located at 3618 North Grove Street; from "K" Heavy Industrial to "I" Light Industrial. Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-039, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 24 of 29 ZC-07-075 There was presented Zoning Docket No. ZC-07-075 and Site Plan No. SP-07- SP-07-018 018, application of Bill Brammer for a change in zoning of property located at Continued Until 716 South Jennings Avenue; from "G" Intensive Commercial to "PD/SU" June 19, 2007 Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, with site plan required for an office building. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-075 and Site Plan No. SP-07-018, be until the June 19, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-077 There was presented Zoning Docket No. ZC-07-077, application of Javier and Denied With Rosario Sandoval for a change in zoning of property located at 1025 East Prejudice Seminary Drive; from "E" Neighborhood Commercial to "FR" General Commercial Restricted. Council Member Davis advised that her representative on the City Zoning Commission was not at the meeting where this zoning case was unanimously approved. She stated that this zoning would provide opportunity for even more auto sales along Seminary Drive and that she could not support the rezoning. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-077, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-079 There was presented Zoning Docket No. ZC-07-079 and Site Plan No. SP-07- SP-07-020 020, application of Jerry Cunningham for a change in zoning of property Approved located at 5121 Mansfield Highway from "PD-642" Planned Development for "FR" General Commercial Restricted uses plus outside storage of trailers to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, plus mini warehouse and outside storage, and with site plan required. Council Member Moss made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-079 and Site Plan No. SP-07-020, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-081 There was presented Zoning Docket No. ZC-07-081 and Site Plan No. SP-07- SP-07-022 022, application of North Tarrant Ltd., et al., for a change in zoning of property Approved located in the 7200 block of Blue Mound Road from "PD-608" Planned CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 25 of 29 Development for "E" Neighborhood Commercial uses with mini warehouse, and "FR" General Commercial Restricted to (Tract 1) "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus mini warehouse, and with site plan required. Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-07-081 and Site Plan No. SP-07-022, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-084 There was presented Zoning Docket No. ZC-07-084, application of the City of Approved Fort Worth, Wedgwood Addition Neighborhood, for a change in zoning of property located south of Altamesa Boulevard, east of Hulen Street, north of Willow Way, and east of Woodway from "A-5" One Family Residential, and "CF" Community Facilities to "A-7.5" and "A-10" One Family Residential. Council Member Jordan made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-084, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-085 There was presented Zoning Docket No. ZC-07-085, application of the City of Approved Fort Worth for a change in zoning of property located in the 7200 and 7300 blocks of Kuban Boulevard; from "A-5" One Family Residential to "A-43" One Family Residential. Council Member Scarth made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-085, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-086 There was presented Zoning Docket No. ZC-07-086, application of the City of Approved Fort Worth, Morningside Neighborhood, for a change in zoning of property located east of South Freeway, west of Cobb Park, north of Berry Street, and south of Jessamine Street from "A-5" One Family Residential; "A-5/HC" One Family Residential/Historical and Cultural Overlay; "B" Two Family Residential; "B/HC" Two Family Residential/Historical and Cultural Overlay; "CF/HC" Community Facilities/Historical and Cultural Overlay; "ER" Neighborhood Commercial Restricted; "ER/HC" Neighborhood Commercial Restricted/Historical and Cultural Overlay; "E" Neighborhood Commercial; "E/HC" Neighborhood Commercial/Historical and Cultural Overlay; "I" Light CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 26 of 29 Industrial and "Y Medium Industrial to "A-5" One Family Residential; "A- 5/HC" One Family Residential/Historical and Cultural Overlay; "CF/HC" Community Facilities/Historical and Cultural Overlay; "ER" Neighborhood Commercial Restricted; "ER/HC" Neighborhood Commercial Restricted/Historical and Cultural Overlay; "E" Neighborhood Commercial; "E/HC" Neighborhood Commercial/Historical and Cultural Overlay and "FR" General Commercial Restricted. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-086, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-087 There was presented Zoning Docket No. ZC-07-087, application of the City of Continued Until Fort Worth for a change in zoning of property located in the 3700 block of June 12, 2007 Linden Avenue from "B" Two Family Residential to "A-5" One Family Residential. Mike Beaupre Mr. Mike Beaupre, 3720 Linden Avenue, appeared before Council in support of the proposed rezoning. He stated that 72 percent of all property owners on the block had signed a petition to rezone the 3700 block of Linden Avenue and that 100 percent of owner-occupied properties signed the petition as they wanted to ensure all new development was single-family. He added that the rezoning was consistent with the Comprehensive Plan. Richard Mr. Richard Chowning, 3809 Crestline Road, representing the Arlington Chowning Heights Neighborhood Association, appeared before Council in support of the rezoning. Trey Neville Mr. Trey Neville, 6336 Malvey Avenue, appeared before Council in opposition of the proposed rezoning. He stated that he purchased two lots at the end of the blocks with the intent of building duplex units. He added that he would like to build sustainable homes and that he had met with the neighborhood to address their concerns on high density. He asked for the City's assistance on developing a middle ground for the rezoning. Council Member Davis stated that this area was in Council District 7. She added that Council Member Burdette did not advise her of his expressed intent on this zoning case and that she did not want to move forward until Council Member Burdette could address the issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 27 of 29 Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-087, be continued until the June 12, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-011 There was presented Zoning Docket No. ZC-07-011, application of Lily Pad Denied Without Properties, L.P., for a change in zoning of property located at 3204 South Prejudice University Drive and 3003 West Devitt from "C" Medium Density Multifamily Residential to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-011, be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-019 There was presented Zoning Docket No. ZC-07-019, application of Curt Returned to City Kautsch and Butch Purselley for a change in zoning of property located at Zoning 5620, 5624 and 5628 Pershing Avenue from "A-5" One Family Residential to Commission for "PD/SU" Planned Development/Specific Use for detached One Family "R-1" Reconsideration Development, with 35-foot wide lots and rear entry garages and with waiver of site plan requested. On behalf of Council Member Burdette, Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07- 019, be returned to the City Zoning Commission for reconsideration. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. ZC-07-023 There was presented Zoning Docket No. ZC-07-023 and Site Plan No. SP-07- SP-07-012 012, application of Michael and Stephanie Garrett for a change in zoning of Denied Without property located at 3418 North Commerce Street from "K" Heavy Industrial to Prejudice "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus recycling, collection and distribution center, and with site plan required. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-023 and Site Plan No. SP-07-012, be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 5, 2007 PAGE 28 of 29 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 Espino made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17589-06-2007 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 Burdette absent. Agenda Item XVII Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as Citizen desiring to address the Council relative to fluoride; however, Mr. McLean was Presentations not present in the Council Chamber. Mark McLean, Ron Linebarger Mr. (Tex) Ron Linebarger, 1611 Merritt Drive, Mansfield, Texas, appeared before the Council relative to safety and security issues at D/FW International Airport. He distributed a"press release" which he had prepared. Mayor Moncrief advised Mr. Linebarger that the City Council may not be the appropriate venue to voice his concerns on this issue and requested he present his concerns to the D/FW International Airport Board. L. Edward Mr. L. Edward Briscoe, Jr., 2240 Briardale Road, President of the Glencrest Briscoe, Jr. Civic League, appeared before Council relative to the proposed placement of a high impact gas well by the Four Sevens Oil Company at the Glen Garden Country Club. He provided additional petitions of opposition to the location. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JUNE 5,2007 PAGE 29 of 29 He stated that the gas well needed to be a minimum of 600 feet from a residential area and requested that this item be brought to the Council for full discussion and action at the June 12, 2007, Council meeting. Council Member Scarth asked Mr. Briscoe to confirm if he also had a company that obtained signatures from residents for gas well leases. Upon Mr. Briscoe's confirmation, Council Member Scarth advised Mr. Briscoe that it might be more appropriate if the neighborhood was represented by someone who was not also competing with the Four Sevens Oil Company rather than someone who had a fairly obvious conflict of interest. Mayor Pro tem Hicks stated that Council would receive a report from City staff next week and added that she met with representatives of Four Sevens Oil Company on June 4, 2007, and also spoke with the manager of the Glen Garden Country Club today. She added that there were two houses within the 600 feet boundary and both of the owners had signed waivers. She pointed out that staff was working to address the issues raised by Mr. Briscoe at the May 29, 2007, Council meeting including access to the property without having to go through the neighborhood. She further stated that the Four Sevens Oil Company would be meeting with the community on June 7, 2007, to answer concerns and advised that City staff would also be present to answer questions. Agenda Item XIX There being no further business, the meeting was adjourned at 9:40 p.m. in Adjournment memory of Claudie Moss, Sr. and Misty Gray. These minutes approved by the Fort Worth City Council on the 12th day of June, 2007. Attest: Approved: \ Marty 14ndrix Michael on of City Secretary Mayor