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HomeMy WebLinkAbout2007/07/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 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 Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary Mayor Moncrief introduced "Mayor for a Day", Ms. Taylor Fox, an 11 year old student from Daggett Montessori. He stated that Mayor Fox won "Mayor for a Day" at the Kids Who Care Annual Gala. With a quorum of the City Council Members present, "Mayor for a Day" Fox called the regular session of the Fort Worth City Council to order at 7:08 p.m. on Tuesday, July 10, 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 L.S. Wilson, East St. Paul Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief presented Taylor Fox with a Molly pin, a Certificate acknowledging her as "Mayor for a Day", a key to the City, and as a memento for calling the meeting to order, her own gavel. Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Davis, the minutes of the regular meeting of June 19, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 2 of 36 Agenda Item V Ms. Deborah Jung, Executive Director of Kids Who Care presented Ms. Special Catherine Albright, General Manager, who introduced each of the groups in Presentations attendance and stated that this years theme of Friends bringing Friends was so true this year inasmuch as guests from: Finland, Scotland, Israel, Albania, Italy and Hungary. A representative from each group talked about their country and introduced their country representatives. Agenda Item VI Mayor Pro tem Hicks introduced Boy Scout Troop 12 from the Meadowbrook Announcements Methodist Church and stated that they were working on their Citizenship in the Community Merit badge. She also expressed appreciation to the staff for organizing the Eastside Forum during the period of time that the Council was on the two week break, with a special thanks to Carl Smart, Director of Code Compliance. Agenda Item VII Council Member Silcox requested that Mayor and Council Communication No. Withdrawn from C-22217 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Zoning Docket No. ZC-07-105 be Continued/ withdrawn from Council consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1614 M&C OCS-1614 - 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-15766 M&C G-15766 - Adopting Ordinance No. 17631-07-2007 suspending Ord. No. 17631- implementation of the rate adjustments proposed by Atmos Energy Corp., Mid- 07-2007 Tex Division, as reflected in the "Annual Gas Reliability Infrastructure Rate Suspend Interim Adjustment" filed by Atmos Energy Corp., Mid-Tex Division on May 31, Rate Adjustments 2007; authorizing the participation in the Atmos Energy Steering Committee and Retention of with other cities analyzing similar rate adjustment filings by Atmos Energy Consultants to Corp., Mid-Tex Division and the hiring of consultants and attorneys therewith; Study Propriety of directing that Atmos Energy Corp., Mid-Tex Division reimburse the City for all Rate Adjustment such reasonable expenses; adopting declarations and findings in the preamble; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 3 of 36 providing a severability clause; providing for an effective date; and directing that certified copies of this ordinance be delivered to Atmos Energy Corp., Mid-Tex Division following its adoption; and directing any administrative proceedings or litigation associated with the Interim Rate Adjustments filed with the City or with the Railroad Commission. G-15767 M&C G-15767 - Adopting Supplemental Appropriation Ordinance No. 17632- Ord. No. 17632- 07-2007 increasing appropriations in the General Fund in the amount of 07-2007 $44,545.00 and decreasing the unreserved, undesignated fund balance by the Transfer Central same amount, for the purpose of transferring the Fair Employment Practices City Coordinator Program and one Central City Coordinator position from the Grants Fund to the Position and Fair General Fund; transferring the Central City Coordinator position from the Employment Community Development Block Grant Project in the Grants Fund to the Practices Program General Fund; and transferring the Fair Employment Practices Program from to General Fund the Grants Fund to the General Fund. G-15768 M&C G-15768 - Adopting Supplemental Appropriation Ordinance No. 17633- Ord. No. 17633- 07-2007 increasing appropriations in the General Fund in the amount of 07-2007 $50,000.00 and decreasing unaudited, unreserved, undesignated fund balance Res. No. 3499-07- by the same amount, for the purpose of retaining Matthew C.G. Boyle as 2007 outside legal counsel for assistance in legal issues concerning housing Employ Outside development activities; authorizing the City Manager or his designee to retain Legal Counsel for Matthew C.G. Boyle of the Law Firm of Boyle & Lowry, L.L.P., as outside Assistance with legal counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist Housing the City Attorney in representing the City regarding preparation of contracts, Development security instruments and other legal issues concerning housing development Activities activities; and adopting Resolution No. 3499-07-2007 authorizing the employment of outside legal counsel for assistance related to the Federal Department of Housing and Urban Development and fixing in advance as far as practicable, that the amount to be paid to Boyle & Lowry, L.L.P., not exceed $50,000.00 G-15769 M&C G-15769 - Adopting Supplemental Appropriation Ordinance No. 17634- Ord. No. 17634- 07-2007 increasing appropriations in the General Fund in the amount of 07-2007 $100,000.00 and decreasing the unaudited, unreserved, undesignated fund Res. No. 3500-07- balance by the same amount, for the purpose of increasing the amount to be 2007 paid to Kelly, Hart & Hallman for assistance in litigation issues related to the Increase Payment Wright Amendment; and adopting Resolution No. 3500-07-2007 increasing the for Assistance in amount to be paid to Kelly Hart & Hallman by $100,000.00 and fixing in Litigation Issues advance, as far as practicable, an amount to be paid to Kelly, Hart & Hallman Related to Wright not to exceed $200,000.00. Amendment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 4 of 36 G-15770 M&C G-15770 - Authorizing the City Manager to execute a contract with the Temporary State of Texas Department of Transportation to temporarily close two lanes of Closure of 1-820 the I-820 service road from 900 feet west of Marine Creek Parkway to 500 feet Service Road for past Marine Creek Lake beginning Saturday, August 4, 2007, from 6:00 a.m. to Annual Cowtown 6:00 p.m., until Sunday, August 5, 2007, from 8:00 a.m. to 6:00 p.m. for the Drag Boat Annual Cowtown Drag Boat Nationals; and authorizing the City Manager to Nationals execute a contract with Quick Water Productions to temporarily close two lanes of the I-820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Saturday, August 4, 2007, from 6:00 a.m. to 6:00 p.m., until Sunday, August 5, 2007, from 8:00 a.m. to 6:00 p.m. for the Annual Cowtown Drag Boat Nationals. G-15771 M&C G-15771 - Authorizing temporary closure of Shiver Road from Park Temporary Vista Boulevard to Trace Ridge Parkway from June 26, 2007, until August 24, Closure of Shiver 2007, for street paving, sidewalks, storm drainage and street lighting Road for improvements to the roadway. Improvements to Roadway G-15772 M&C G-15772 - Approving the acquisition of one right-of-way easement Acquire Right-of- described as a portion of William Huff Survey, Abstract No. 649, Tract 1D, Way Easement for Tarrant County, Texas, from Zero Twelve Point Four, L.P., located in north Construction of Fort Worth for the construction of Keller-Hicks Road improvements; finding Keller-Hicks Road that the price offered in the amount of $80,000.00, plus an estimated closing Improvements cost of $2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. G-15773 M&C G-15773 - Authorizing the City Manager to apply for and accept, if Ord. No. 17635- awarded, grants funds in the amount of$497,606.00 from the U.S. Department 07-2007 of Justice, National Institute of Justice, Solving Cold Cases with DNA Grant; Accept Grant to and adopting Appropriation Ordinance No. 17635-07-2007 increasing Enhance Efforts to estimated receipts and appropriations in the Grants Fund in the amount of Solve Cold Cases $497,606.00, subject to receipt of the Solving Cold Cases with DNA Grant Through Potential from the U.S. Department of Justice, National Institute of Justice, for the DNA purpose of funding the enhancement of Homicide Unit's and Crime Laboratory's efforts to solve cold cases through potential DNA. P-10604 M&C P-10604 - Authorizing extension of the current non-exclusive purchase Computer agreements with CyberDyne Systems, Inc., Affiliated Telephone, Inc., Anixter, Equipment, Inc., Presidio Corporation, and AT&T (formerly Southwestern Bell Communication Communications) for computer equipment, communication equipment and Equipment and parts for the Information Solutions Department; and authorizing extension of Parts the purchase agreements through September 30, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 5 of 36 P-10605 M&C P-10605 - Rejecting all bids and authorizing the issuance of a new Reject Bids and Invitation to Bid for executive chairs for the City of Fort Worth. Issue New Invitation to Bid for Executive Chairs P-10606 M&C P-10606 - Authorizing purchase agreements for firefighter uniforms and Firefighter clothing accessories with Promobiz.com, Tactical Gear Now, Inc., and GT Uniforms and Distributors, Inc., for the Fire Department based on best value, with payment Clothing due 30 days from the date of the invoice; authorizing these agreements to begin Accessories July 10, 2007, and expire July 9, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, 271.102, "Cooperative Purchasing Program". P-10607 M&C P-10607 - Authorizing the purchase of a Studio Switcher System form Studio Switcher Industrial Audio/Video, Inc., for the Cable Office for a cost not to exceed System $55,247.00 with freight included in unit price and payment due 30 days after receipt of invoice. P-10608 M&C P-10608 - Authorizing non-exclusive purchase agreements for the Heating and Heating and Cooling Assistance Program with AirRite Air Conditioning Co., Cooling Assistance Inc., and Glenn's Air Conditioning and Heating for the Parks and Community Program Services Department based on best value, with payment due 30 days from receipt of invoices; authorizing this agreement to begin July 10, 2007, and expire July 9, 2008, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this award in accordance with Local Government Code, 271.102, "Cooperative Purchasing Program". P-10609 M&C P-10609 - Authorizing the purchase of painting preparation services for Painting Cowtown Brush Up 2007 with Integrity Home Repair and Construction for the Preparation Housing Department for an amount not to exceed $107,744.00, based on Services overall low bid with payment due 30 days from invoice date. P-10610 M&C P-10610 - Authorizing a purchase agreement for offsite storage services Offsite Storage with Iron Mountain, Inc., through Texas Building and Procurement Services Commission term contract 962-A5 for paper records storage and Texas Multiple Award Schedule contract TXMAS-3-36020, for offsite data protection CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 6 of 36 storage and climate controlled storage for filmed records for the City of Fort Worth with payment due 30 days after receipt of invoice and freight included in unit cost; and authorizing this agreement to begin July 10, 2007, and end July 9, 2008, with options to renew for three additional one-year periods. P-10611 M&C P-10611 - Authorizing a purchase agreement for traffic cones with Traffic Cones Buyers Barricades, Inc., for the City of Fort Worth based on best value with payment due 30 days after receipt of invoice and freight included in unit price; authorizing this agreement to begin July 10, 2007, and expire July 9, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271, "Cooperative Purchasing Program". P-10612 M&C P-10612 - Authorizing a purchase agreement for fire extinguishers and Fire Extinguishers services with Kimbrough Fire Extinguisher Company, Inc., for the City of Fort and Services Worth based on sole bid received, with payment due 30 days from an invoice date; authorizing the agreement to begin July 10, 2007, and expire July 9, 2008, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award, in accordance with Local Government Code, 271.102, "Cooperative Purchasing Program". P-10613 M&C P-10613 - Authorizing non-exclusive purchase agreements for lumber, Lumber, Plywood plywood and related materials with Plywood Company of Fort Worth and and Related Teague Lumber Company for the City of Fort Worth based on best value, with Materials payment due 30 days from invoice dates; authorizing these agreements to begin July 10, 2007, and expire July 9, 2008, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with Local Government Code, 271.102, "Cooperative Purchasing Program". P-10614 M&C P-10614 - Authorizing the purchase of new dump truck beds and Dump Truck Beds spreaders from the Texas Department of Criminal Justice for the Water, and Spreaders Transportation/Public Works and the Parks and Community Services departments as listed below for a cost not to exceed $79,212.50 with payment due 30 days from the invoice date. Freight is included in the unit prices. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 7 of 36 Quantity Description Unit Price Extended Total 1 ea. 10 yard dump truck bed, $21,602.00 spreader&hydraulics 2 ea. 10 yard dump truck beds $19,203.00 $38,407.00 1 ea. 10 yard dump truck bed $19,203.50 Total $79,212.50 P-10615 M&C P-10615 - Authorizing the purchase of two new Ford E350 Vans from Ford E350 Vans Houston-Galveston Area Council Cooperative Contract VE03-06 with Philpott Ford for the Police Department for a cost not to exceed $69,676.46, with payment due within 30 days of the date of the invoice. P-10616 M&C P-10616 - Authorizing catalog purchase agreements for maintenance, Maintenance, repair and operating supplies from Texas Building Procurement Commission Repair and through Texas Multiple Award Schedule Cooperative Contracts with Grainger, Operating MSC Industrial Supply, Applied Industrial Technologies and DF Sales for the Supplies City of Fort Worth based on vendors' retail catalog prices less the quoted discounts with payment due 30 days from date of invoice; and authorizing these agreements to begin July 10, 2007, and expire on July 9, 2008, with options to renew for four additional one-year periods. P-10617 M&C P-10617 - Authorizing the purchase of a new armored tactical vehicle Armored Tactical through a United States General Services Administration contract GS-07- Vehicle 0390M with Lenco Armored Vehicles for the Police Department for a cost not to exceed $221,565.00 with payment due 30 days of the date of the invoice. P-10618 M&C P-10618 - Authorizing a purchase agreement using a Texas Multiple Automated Award Schedule Contract with Dimensions Medical Supply Group for External Automated External Defibrillators, replacement parts including batteries and Defibrillators, accessories for the City of Fort Worth. Payments will be due 30 days after Replacement Parts receipt of invoices and freight included in the unit price; and authorizing this Including agreement to begin July 10, 2007, and expire March 30, 2008, with options to Batteries and renew for four additional one-year periods. Accessories P-10619 M&C P-10619 - Authorizing the purchase of eight new tractors and mowers John Deere from Texas Association of School Boards Cooperative Contract 255-05 with Tractors and John Deere Company for the Transportation/Public Works Department for a Mowers cost not to exceed $252,168.01, with payment due within 30 days of the date of the invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 8 of 36 L-14338 M&C L-14338 - Authorizing the acquisition of 35.608 acres of vacant land Acquire Vacant described as a portion of the A.W. Robinson Survey, Abstract No. 1553, the Land for J.D. Beaton Survey, Abstract No. 1708, and the L.A. Butler Survey, Abstract Relocation of FM No. 64, Denton County, Texas, located northwest of Fort Worth Alliance 156 for Runway Airport from M.T. Cole Trust for the relocation of FM 156 as part of the Extension Project Runway Extension Project (DOE 4867) at Fort Worth Alliance Airport; finding that the price offered in the total amount of $488,400.00 and the estimated closing cost of$5,000.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments to finalize this acquisition. L-14339 M&C L-14339 - Declaring the necessity of taking an interest in one parcel of Condemn Parcel land known as 855 East Magnolia Avenue, Fort Worth, Tarrant County, Texas, of Land for owned by The Estate of Theodore Davis, Jacqueline O. Davis, Executrix, for Relocation of Fire the relocation of Fire Station Number 5 (DOE 5485); and authorizing the City Station No. 5 Attorney to institute condemnation proceedings to acquire the interest in the land. L-14340 M&C L-14340 - Declaring the necessity of taking an interest in two parcels of Condemn Parcels land known as 850 Irma Street and 854 Irma Street, Fort Worth, Tarrant of Land for County, Texas, owned by Jim Dunnagan, for the relocation of Fire Station Relocation of Fire Number 5 (DOE 5485); and authorizing the City Attorney to institute Station No. 5 condemnation proceedings to acquire the interest in the land. L-14341 M&C L-14341- Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 20.18 acres, more or less, of City-owned right-of-way properties Properties for located in Tarrant County known as the I-35 right-of-way to Chesapeake Natural Gas Exploration Limited Partnership, for a two-year term. Drilling L-14342 M&C L-14342 - Declaring the necessity of taking an interest in two parcels of Condemn Parcels land known as 816 Irma Street and 820 Irma Street, Fort Worth, Tarrant of Land for County, Texas, owned by Melinese Lillie, Mary Jean Lillie and Armatha Relocation of Fire Denise Lillie King, for the relocation of Fire Station Number 5 (DOE 5485); Station No. 5 and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land. L-14343 M&C L-14343 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 20.738 acres, more or less, of City-owned properties located in Properties for Tarrant County known as "W.H. Little Survey and T.C. Gilmore Estates Natural Gas Addition - 20.738 Acres" to Chesapeake Exploration Limited Partnership for a Drilling two-year term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 9 of 36 L-14344 M&C L-14344 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 8.818 acres, more or less, of City-owned properties located in Properties for Tarrant County known as the McCray Park to Chesapeake Exploration Limited Natural Gas Partnership for a two-year term. Drilling L-14345 M&C L-14345 - Authorizing the acquisition of one single-family residence Acquire Property described as Lot 18, Block 4, Worth Hills Addition located at 3404 Columbus for Meacham Avenue on the west side of Meacham International Airport from Chapel International Heights Properties, L.P., in conjunction with the Meacham International Airport Airport Mitigation Mitigation Program (DOE 5101); finding that the price of $55,500.00 is just Program compensation for the property; and authorizing the acceptance and recording of appropriate land acquisition instruments. L-14346 M&C L-14346 - Declaring the necessity of taking an interest in one parcel of Condemn Parcel land known as 851 East Magnolia Avenue, Fort Worth, Tarrant County, Texas, of Land for owned by Charles W. Nix, for the relocation of Fire Station Number 5 (DOE Relocation of Fire 5485); and authorizing the City Attorney to institute condemnation proceedings Station No. 5 to acquire the interest in the land. L-14347 M&C L-14347 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 4.3 acres, more or less, of City-owned right-of-way properties Properties for located in Tarrant County known as "Northside Drive 4.3 Acres" to Natural Gas Chesapeake Exploration Limited Partnership, for a two-year term. Drilling L-14348 M&C L-14348 - Approving the acquisition of right-of-way described as a Acquire Right-of- portion of Lot 1-R, Block 3, Seidells Subdivision of Block 12, Fields Welch Way for Addition, Tarrant County, Texas, from Nickell, Pender and Eden, a Texas Pedestrian General Partnership, located in Tax Increment Reinvestment Zone Number 4 Oriented (Southside/Medical TIF) in west Fort Worth for the purpose of a pedestrian Walkway oriented walkway along Oleander Street between Hurley and College; finding that the price offered in the amount of$26,000.00, plus estimated closing costs of $2,000.00, is the agreed just compensation; and authorizing the acceptance and recording of appropriate instruments conveying title. L-14349 M&C L-14349 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 7.329 acres, more or less, of City-owned properties located in Properties for Tarrant County known as the Quail Ridge Park to Rall Oil & Gas, L.P., for a Natural Gas two-year term. Drilling CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 10 of 36 L-14350 M&C L-14350 - Declaring the necessity of taking an interest in one parcel of Condemn Parcel land known as 1264 Evans Avenue, Fort Worth, Tarrant County, Texas, owned of Land for by Brett R. Reeve and Jesus Abundez, for the relocation of Fire Station Number Relocation of Fire 5 (DOE 5485); and authorizing the City Attorney to institute condemnation Station No. 5 proceedings to acquire the interest in the land. L-14351 M&C L-14351 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 5.5 acres, more or less, of City-owned properties located in Properties for Tarrant County, Texas, known as the Riverside Park - South to Chesapeake Natural Gas Exploration Limited Partnership for a two-year term. Drilling L-14352 M&C L-14352 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 26.045 acres, more or less, of City-owned properties located in Properties for Tarrant County, Texas, known as the Riverside Park to Chesapeake Exploration Natural Gas Limited Partnership for a two-year term. Drilling L-14353 M&C L-14353 - Approving the sale of Block 2, Lot 28AR, Lake Worth Leases, Sale Lake Worth an addition to the City of Fort Worth, Tarrant County, Texas, located at 6437 Lease Property Cahoba Drive, to Michelle M. Wayman, current lessee, for $50,500.00; and authorizing the City Manager to execute all appropriate documents necessary to complete the sale. L-14354 M&C L-14354 - Authorizing the City Manager to execute a lease agreement Lease Office Space with Wellington Square Shopping Center for office space of approximately for Police 1600 square feet located at 6773 Camp Bowie Boulevard, for the Police Department Department School Security Initiative, for an amount not to exceed $27,152.00 School Security annually; authorizing building improvements for a one-time payment not to Initiative exceed $20,000.00; and authorizing this agreement to be effective October 1, 2007, through September 30, 2012, with an option to renew for a one additional five-year period at the City's option. PZ-2743 M&C PZ-2743 - Adopting Ordinance No. 17636-07-2007 vacating and Ord. No. 17636- extinguishing a 1.049-acre portion of Alta Vista Road right-of-way, from the 07-2007 south right-of-way of proposed Alta Vista Road to the north line of proposed Right-of-Way North Beach Street, located within the J. Chirino Survey, Abstract No. 265, the Vacation G.W. Parker Survey, Abstract No. 1251 and the J. McDonald Survey, Abstract (VA-06-043) No. 1106, City of Fort Worth, Tarrant County, Texas; waiving any and all purchase fee value of the vacated land in accordance with City policy (M&C G- 15624); and authorizing the City Manager to execute the quitclaim deeds conveying the right-of-way to Hillwood Saratoga, L.P., McPherson Ranch Homeowners Association and North Tarrant 226 J.V. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 11 of 36 PZ-2744 M&C PZ-2744 - Adopting Ordinance No. 17637-07-2007 vacating and Ord. No. 17637- extinguishing a 0.122-acre portion of East Third Street right-of-way between 07-2007 Nichols Street and the St. Louis Southwestern Railway Company of Texas Right-of-Way right-of-way, situated in the Moore-Thornton& Company Addition, an addition Vacation to the City of Fort Worth, Tarrant County, Texas; and waiving any and all (VA-05-039) purchase fee value of the vacated land in accordance with City policy (G- 15624). C-22216 M&C C-22216 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP, (Barnett Gathering) that Gathering, LP grants Barnett Gathering a license to use a certain public right-of-way along Forest Hill Drive, of the City of Fort Worth, for the purpose of constructing, maintaining and operating a natural gas pipeline. C-22218 M&C C-22218 - Adopting Supplemental Appropriation Ordinance No. 17638- Ord. No. 17638- 07-2007 increasing appropriations in the General Fund in the amount of 07-2007 $60,000.00 and decreasing unaudited, unreserved, undesignated fund balance Gabriel, Roeder, by the same amount, for the purpose of reimbursing the Employee Retirement Smith and Fund for actuarial services performed by the Gabriel, Roeder, Smith and Company Company on behalf of the City of Fort Worth; and reimbursing the Employee Retirement Fund for a cost not to exceed $60,000.00 for actuarial services performed by Gabriel, Roeder, Smith and Company on behalf of the City of Fort Worth. C-22219 M&C C-22219 - Authorizing the City Manager to execute a contract with ICMA-RC ICMA-RC to administer the City's FICA Alternative Plan; and pay the participant fee of$18.00 per person not to exceed a cost of$50,000.00 annually beginning FY 07-08. C-22220 M&C C-22220 - Authorizing the City Manager to execute a contract with A & A & F Elevator F Elevator Company, Inc., in the amount of$197,163.06, for the renovation of Company the elevators in the Annex Building. C-22221 M&C C-22221 - Authorizing the City Manager to execute a work order with Alpha Building Alpha Building Corporation in the amount of $26,167.00 to renovate Fire Corporation Station No. 13 to provide a female restroom facility. C-22222 M&C C-22222 - Authorizing the City Manager to execute a contract with MACTEC MACTEC Engineering and Consulting, Inc., in an amount not to exceed Engineering and $400,000.00 for materials testing for the Fort Worth Convention Center Parking Consulting, Inc. Garage. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 12 of 36 C-22223 M&C C-22223 - Authorizing the City Manager to execute an Advance Funding Ord. No. 17639- Agreement accepting $20,000.00 from Diversified Asset Planning, LLC, for the 07-2007 Texas Department of Transportation (TxDOT) review of the Plans, Texas Department Specifications and Estimates (PS&E) package for North Tarrant Parkway/US of Transportation 287 Interchange; adopting Appropriation Ordinance No. 17639-07-2007 and Diversified increasing estimated receipts and appropriations in the Critical Capital Projects Asset Planning, Fund in the amount of $20,000.00 from a Diversified Asset Planning, L.L.C., LLC receivable for the purpose of executing funding agreement with the Texas Department of Transportation for the review of the Planning, Specifications and Estimates package for North Tarrant Parkway/US 287 Interchange; authorizing the City Manager to execute a Local Project Advance Funding Agreement with TxDOT in the amount of$20,000.00 for review of the PS&E package for North Tarrant Parkway/US 287 Interchange; and authorizing payment to TxDOT in the amount of$20,000.00 for review of the PS&E package for the project. C-22224 M&C C-22224 - Authorizing the City Manager to execute a contract with RPGA Design RPGA Design Group, Inc., in the amount of $121,550.00 plus $6,600.00 for Group, Inc. reimbursable expenses, for design and construction administration services for Fire Station No. 5. C-22225 M&C C-22225 - Authorizing the City Manager to execute a contract with Dustrol, Inc. Dustrol, Inc., in the amount of $84,000.00 for Surface Wedge Milling (2007- 10) at various locations for one year, with a one-year renewal option. C-22226 M&C C-22226 - Authorizing the City Manager to execute a contract with Vegetation Vegetation Management Specialist, Inc., in the amount of $77,340.00 to Management provide tree removal and stump grinding services. Specialist, Inc. C-22227 M&C C-22227 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 33325 with Dunaway Associates, L.P., in the to CSC No. 33325 amount of $31,025.00 for intersection improvements - Hulen Street South at - Dunaway Interstate Highway 20 (City Project No. 00274), to provide additional Associates, L.P. engineering services on the project, thereby increasing the contract by that amount to $245,902.00. C-22228 M&C C-22228 - Authorizing execution of Amendment No. 5 to Engineering Amendment No. 5 Agreement with Huitt-Zollars, Inc., for engineering services related to the to Engineering extension of Bellaire Drive South from the existing western terminus to Bryant Agreement - Irvin Road. Huitt-Zollars, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 13 of 36 C-22229 M&C C-22229 - Authorizing the City Manager to execute a contract with Valles Valles Underground Utilities, Ltd., in the amount of $598,342.00 for Central Underground Handley Drainage Improvements (Project No. 00091). Utilities, Ltd. C-22230 M&C C-22230 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. with McClendon Construction Co., Inc., for Water, Sewer and Drainage 1 - McClendon Improvements in Harlanwood Drive from Preston Hollow Road to Lynncrest Construction Co., Drive in the amount of $87,508.00, thereby increasing the contract amount to Inc. $1,373,132.25. C-22231 M&C C-22231 - Authorizing Change Order No. 3 to City Secretary Contract Change Order No. No. 33402 with JLB Contracting, LP, for pavement reconstruction and water 3 to CSC No. and sanitary sewer replacement on portions of Dennis Avenue, Fursman 33402 - JLB Avenue and Mattison Avenue (2004 CIP Project No. 00024), in the amount of Contracting, LP $32,909.92, revising the total cost to $1,479,609.28. C-22232 M&C C-22232 - Adopting Appropriation Ordinance No. 17640-07-2007 Ord. No. 17640- increasing estimated receipts and appropriations in the Special Assessments 07-2007 Fund in the amount of $76,854.22 from available funds for the purpose of Ord. No. 17641- transferring said funds to the Critical Capital Projects Fund to Change Order 07-2007 No. 1 to City Secretary Contract No. 33587 with Peachtree Construction, Ltd., Change Order No. for HMAC Surface Overlay 2006-3 at various locations; authorizing the 1 to CSC No. transfer of $76,854.22 from the Special Assessments Fund to the Critical 33587 - Peachtree Capital Projects Fund; adopting Appropriation Ordinance No. 17641-07-2007 Construction, Ltd. increasing estimated receipts and appropriations in the Critical Capital Projects Fund in the amount of $76,854.22 from a Special Assessments Fund, for the purpose of executing Change Order No. 1 to City Secretary Contract No. 33587 with Peachtree Construction, Ltd., for HMAC Surface Overlay 2006-3 at various locations; and authorizing the City Manager to execute Change Order No. 1 to City Secretary Contract No. 33587 with Peachtree Construction, Ltd., in the amount of $76,854.22 for HMAC Surface Overlay 2006-3 at various locations, thereby increasing the contract amount to $1,290,350.22 C-22233 M&C C-22233 - Authorizing the transfer of $641,466.00 from the Water and Ord. No. 17642- Sewer Operating Fund to the Sewer Capital Projects Fund in the amount of 07-2007 $446,678.00, and the Water Capital Projects Fund in the amount of Dunaway $194,788.00; adopting Appropriation Ordinance No. 17642-07-2007 increasing Associates, L.P. estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$446,678.00 and the Water Capital Projects Fund in the amount of $194,788.00 from a Water and Sewer Operating Fund transfer, for the purpose CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 14 of 36 of executing an Engineering Agreement with Dunaway Associates, L.P., for Sanitary Sewer Rehabilitation Contract, LXXI (71) (City Project No. 00414); and authorizing the City Manager to execute an Engineering Agreement with Dunaway Associates, L.P., in the amount of $554,440.00 for Sanitary Sewer Rehabilitation Contract, LXXI(71). C-22234 M&C C-22234 - Authorizing the City Manager to execute an engineering Kimley-Horn and agreement with Kimley-Horn and Associates, Inc., in the amount of Associates, Inc. $315,913.00 to design Wholesale Water Metering Station Rehabilitations for the City of Forest Hill, Town of Trophy Club and City of Hurst 1 and 2. C-22235 M&C C-22235 - Authorizing the City Manager to execute a Pipeline Crossing Union Pacific License Agreement with Union Pacific Railroad Company with a 25 year term Railroad at a one-time cost of $2,960.00. Union Pacific Railroad has accepted our Certificate of Self-Insurance. The City will incur all costs associated with this License Agreement. C-22236 M&C C-22236 - Approving the acceptance of a Storm Water Facility CL Texas, L.P., Maintenance Agreement from CL Texas, L.P., a Texas Limited Partnership, Acting By and acting by and through its general partner, CL Texas I GP, L.L.C., and the Through CL Summer Creek Ranch Homeowners Association for property located west of Texas I GP, Old Cleburne Road and south of McPherson Boulevard in far south Fort Worth L.L.C., and (DOE 4447). Summer Creek Ranch Homeowners Association C-22237 M&C C-22237 - Authorizing the City Manager to apply for and accept, if Ord. No. 17643- awarded, grant funds in the amount of $100,000.00 from the Other Victim 07-2007 Assistance Grant from the Office of the Attorney General of Texas' Crime Accept Grant for Victim Services Division; and adopting Appropriation Ordinance No. 17643- Bilingual, 07-2007 increasing estimated receipts and appropriations in the Grants Fund in Spanish-Language the amount of $100,000.00, subject to receipt of the Other Victim Assistance Victim Assistance Grant from the Attorney General of Texas' Crime Victim Services Division, for Specialist the purpose of funding a bilingual, Spanish-language victim assistance specialist for victims and their families. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 15 of 36 Agenda Item X Council Member Burdette made a motion, seconded by Council Member Presentations by Espino, that Buckley Rue be appointed to the Youth Advisory Board effective City Council July 10, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan stated that he had recently appointed Mr. Robert Beardsley to the Board of Adjustment — Residential, but stated that he wished to remain on the Building Standards Commission. Council Member Jordan made a motion, seconded by Council Member Espino, that Robert Beardsley be reappointed to Place 6 on the Building Standards Commission effective July 10, 2007, with a term of office expiring September 30, 2008, and accept his resignation from the Board of Adjustment — Residential effective immediately. Mayor Moncrief reminded the Council that those members who had not already made their appointment to the Urban Forestry Board, please do so that the board can hold its meeting. 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. 3501-07- Texas, assigning membership to the City of Fort Worth's Sustainability and 2007 Green Building Task Force. Assign Membership to Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Me Sustainability and Resolution No. 3501-07-2007 be adopted. The motion carried unanimously Green Building nine (9) ayes to zero (0) nays. Task Force Mayor Moncrief stated that we should look forward to seeing a great deal of the Sustainability and Green Building Task Force. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15774 There was presented Mayor and Council Communication No. G-15774 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for an annexation area in the Far Annexation Area West Sector from Unzoned to "F" General Commercial, in accordance with the in Far West Sector 2007 Comprehensive Plan. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15774 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 16 of 36 G-15775 There was presented Mayor and Council Communication No. G-15775 from Initiate Rezoning the City Manager recommending that the City Council authorize the City in Linwood Manager to initiate certain zoning changes for a portion of the Linwood Neighborhood Neighborhood from `B" Two Family, "C" Medium Density Multifamily, "D" High Density Multifamily, "ER" Neighborhood Commercial Restricted and "I" Light Industrial to "A-5" One Family, "R2" Townhouse/Cluster and "MU-1" Low Intensity Mixed-Use, in accordance with the 2007 Comprehensive Plan. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15775 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15776 There was presented Mayor and Council Communication No. G-15776 from Initiate Rezoning the City Manager recommending that the City Council authorize the City in Portion of Manager to initiate certain zoning changes for a portion of the Brentwood-Oak Brentwood-Oak Hill neighborhood from "A-5" One Family to "A-43" One Family, in Hill Neighborhood accordance with the 2007 Comprehensive Plan. Council Member Scarth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15776 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15777 There was presented Mayor and Council Communication No. G-15777 from Pay Relocation the City Manager recommending that the City Council authorize the additional and Moving payment of up to $3,514.91 to Zeig Electric as a displaced business for Expenses for additional relocation and moving expenses from 3601 West Vickery Boulevard Southwest in the Vickery Corridor, Parcel No. 56 Pt.2-Al, for right-of-way for the Parkway Project Southwest Parkway Project (DOE 3777). Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15777 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15778 adopt an ordinance designating Tax Abatement Reinvestment Zone No. 60, Ord. No. 17644- City of Fort Worth, Texas, in the vicinity of McCart Avenue and Monda Street. 07-2007 Mayor Moncrief opened the public hearing and asked if there was anyone Designate Tax present desiring to be heard. Abatement Reinvestment Zone No. 60 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 17 of 36 Mr. Mark Folden, Business Development Coordinator, Economic and Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15778, as follows: There was presented Mayor and Council Communication No. G-15778 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 60, City of Fort Worth, Texas, in the vicinity of McCart Avenue and Monda Street; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty (60), City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15778 be approved and Ordinance No. 17644-07-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15779 approve the FY 2007-2008 Crime Control and Prevention District Budget. Approve FY 2007- Mayor Moncrief opened the public hearing and asked if there was anyone 2008 Crime present desiring to be heard. Control and Prevention Ms. Kara Shuror, Assistant Director, Police Department, appeared before District Budget Council, gave a staff report and called attention to Mayor and Council Communication No. G-15779, as follows: There was presented Mayor and Council Communication No. G-15779 from the City Manager recommending that the City Council conduct a public hearing as required by law, regarding the proposed FY 2007-2008 Crime Control and Prevention District Budget; and close the public hearing and approve the FY 2007-2008 Crime Control and Prevention District Budget. Rosemary Ms. Rosemary Galdiano, 10241 E. Rancho Diego Lane, appeared before the Galdiano City Council in support of the Crime Control and Prevention District budget, but stated that the budget should be increased and that the Police Officers should be provided with the resources they need to do their jobs. She advised Council that crime was rising in the City and stated that her family had been CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 18 of 36 touched by crime within the last six weeks and called to the attention of the City incidents involving gas being stolen out of a truck at the THE Station at Meadowbrook and Ederville, automobile vandalism and theft within the neighborhood, grocery store hold-up, robberies along Camp Bowie in the Cultural District area, and car vandalism and theft of property out of the same automobile at the Railhead Restaurant. She stated that while the City was attracting more and more visitors, they should feel that they are coming to a safe city. Mayor Moncrief stated that he was sorry that Ms. Galdiano had experienced some of the things that she shared with the Council, but advised her that the City is doing their very best to try to keep up with one of the fastest growing cities in the nation and the needs of a major city. He stated that, as the City continues to grow, the more people will come in and crime will grow. He further stated that the City of Fort Worth, for two consecutive years, remained the ninth safest City in the United States. He also stated that this was by design with programs such as COPS and Code Blue, and that the Council was trying to provide the Police Department with the tools and resources that they needed to do their job. There being no one else present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15779 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2745 There was presented Mayor and Council Communication No. PZ-2745 from the Establish City Manager recommending that the City Council approve establishing a Timetable for timetable for proposed City initiated annexation of approximately 15.3 acres of Proposed City land, or 0.024 square miles (more or less), located north of Interstate Highway Initiated 30 and west of Chapel Creek Boulevard (AX-07-002 Attebury) for full Annexation purposes in compliance with the requirements of Chapter 43 of the Local (AX-07-002 Government Code of the State of Texas; and direct staff to prepare a service Attebury) plan that provides for the extension of full municipal services to the annexation area. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2745 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 19 of 36 C-22217 There was presented Mayor and Council Communication No. M&C C-22217 Four Sevens from the City Manager recommending that the City Manager be authorized to Resources Pipeline execute a Public Right-of-Way Use Agreement with Four Sevens Resources Company, Ltd. Pipeline Company, Ltd., (Four Sevens) that grants Four Sevens license to use certain public rights-of-way along Granbury and Cleburne Roads of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. Council Member Silcox requested clarification on the location of the pipelines. Mr. Danny Reed, Budget Department, appeared in response to Council Member Silcox's question and stated that each one of the pipelines would be bored underneath the streets. He did not have any knowledge about whether the property of the citizens would be trenched; however, he would check into the matter and advise Council Member Silcox. Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22217 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22238 There was presented Mayor and Council Communication No. C-22238 from the Continued Until City Manager recommending that the City Council find that the statements set July 24, 2007 forth in the recitals of the Tax Abatement Agreement with 7FG Holdings, Inc., are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with 7FG Holdings, Inc., for the property located at 251 Carroll Street in the Trinity Park Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, subject to any non-material changes subsequently agreed to by the parties. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22238 be continued for two weeks in order for the staff and Council to more broadly examine this NEZ and the need for it in the future. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22239 There was presented Mayor and Council Communication No. C-22239 from the Trademark City Manager recommending that the City Council authorize the City Manager Property Group to execute an Economic Development Program Agreement with Trademark Property Company (subject to subsequent, non-material changes agreed to by the parties) related to a mixed-use project to be constructed at South University Drive and River Run; and find that the terms and conditions of the Agreement CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 20 of 36 constitute a custom-designed economic development program, as recommended by the 2007 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Council Member Davis reminded staff that part of this development included the potential for a hotel, and stated that she would like to see a plan come forth for the use of the bed tax dollars from the hotel to partner with the Fort Worth Zoo to construct a parking structure on their main lot. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22239 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22240 There was presented Mayor and Council Communication No. C-22240 from the Continued Until City Manager recommending that the City Council authorize the City Manager July 17, 2007 to execute an agreement with 100 West Exchange Avenue, Inc., to close the 100 block of West Exchange Avenue every weekend beginning at 6:00 a.m. on Friday through 6:00 a.m. on Monday in order to provide a pedestrian friendly walkway in this part of the Stockyards for a term of six months to begin on July 6, 2007, and expire on January 7, 2008. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22240 be continued until July 17, 2007, pending further action from staff with the property owner. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22241 There was presented Mayor and Council Communication No. C-22241 from the Continued Until City Manager recommending that the City Council authorize the City Manager July 17, 2007 to execute a contract with Conatser Construction Texas, LP, in the amount of $1,569,494.75 for paving, drainage and water improvements on Harris Parkway from Dutch Branch Road to Dirks Road (Project Nos. 00005 and 00204). Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22241 be approved. Council Member Moss requested an explanation regarding the M/WBE participation for this contract on Harris Parkway. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 21 of 36 Jay Chapa, Assistant Director of the Economic and Community Development Department, appeared before the City Council and explained that there was a 27 percent participation goal established for this project, but based on the contractor's good faith effort 3.5 percent participation was achieved. He stated that of the items available for M/WBE participation, 22 percent of the contract was for the laying of pipe. He explained that the M/WBE company that bid on that item was not the low bidder. Consequently, the company documented the bid and was able to show the good faith effort as allowed in the City's ordinance. Council Member Espino requested information relative to the M/WBE requirement in the $800 million Southwest Parkway project. Assistant City Manager Marc Ott advised Council of the efforts put forth by the City. He added that this project was part of the agreement with the acquisition of the Rall Properties to accelerate the construction schedule of the future Southwest Parkway. He explained that the Texas Department of Transportation had their own M/WBE policies and the North Texas Tollway Authority also understood the importance of utilizing Minority and Women owned businesses. A lengthy conversation ensued amongst Council regarding the M/WBE participation. Council Member Moss made a substitute motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22241 be continued until July 17, 2007. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22242 There was presented Mayor and Council Communication No. C-22242 from the Ord. No. 17645- City Manager recommending that the City Council authorize the transfer of 07-2007 $644,137.12 from the Water and Sewer Operating Fund to the Water Capital Stabile & Winn, Projects Fund in the amount of$377,820.31 and Sewer Capital Projects Fund in Inc. the amount of $266,316.81; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$377,820.31 and the Sewer Capital Projects Fund in the amount of $266,316.81 from available funds, for the purpose of executing a contract with Stabile & Winn, Inc., for Pavement Replacement and Water and Sanitary Sewer Replacement on Provine Street, Norma Street and Morris Court (Project No. 00170); and authorize the City Manager to execute a contract with the lowest responsive bidder, Stabile & Winn, Inc., in the amount of $1,261,964.08 for Pavement Replacement on Provine Street (Ederville Road to Normandy Road), Norma Street (North Hughes Avenue to North Edgewood Terrace) and Morris Court (Rand Street to East Dead End). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 22 of 36 (Council Member Silcox left his place at the dais.) Mayor Pro tem Hicks questioned the M/WBE participation on this contract. Assistant City Manager Dale Fisseler stated that the participation goal was 17 percent. Doug Rademaker, Director of Engineering appeared before Council and explained that the lowest bidder would not accept the contract; the second low bidder did not submit the required M/WBE documentation and was considered non-responsive; and the third low bidder, Stabile & Winn, Inc. was in compliance with the City's M/WBE Ordinance by committing to a 17 percent M/WBE participation and documented good faith effort on this combined project. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22242 be approved and Appropriation Ordinance No. 17645-07-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22243 There was presented Mayor and Council Communication No. C-22243 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contracting, Inc. to execute a contract with Oscar Renda Contracting, Inc., in the amount of $9,071,775 for construction of Southside II Water Transmission Main, Part 5 from the Crowley Road/Risinger Road intersection to the I.H. 35W/Risinger Road intersection (City Project No. 00303). Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-22243 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22244 There was presented Mayor and Council Communication No. C-22244 from the Deloitte & Touche, City Manager recommending that the City Council authorize the City Manager LLP to execute an agreement for professional services with Deloitte & Touche, LLP, for an audit of select Crime Control and Prevention District programs operated for the fiscal year ending September 30, 2005; and authorize payments not to exceed $25,000.00 to Deloitte & Touche, LLP, for certain agreed upon procedures performed relative to this audit. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 23 of 36 Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22244 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22245 There was presented Mayor and Council Communication No. C-22245 from the Ord. No. 17646- City Manager recommending that the City Council authorize the transfer of 07-2007 $292,123.68 from the Water and Sewer Operating Fund to the Water Capital WJ Haywire 1, Projects Fund in the amount of$260,968.24 and Sewer Capital Projects Fund in L.P. the amount of $31,155.44; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$260,968.24 and the Sewer Capital Projects Fund in the amount of $31,155.44 from a Water and Sewer Operating Fund transfer, for the purpose of executing a Community Facilities Agreement with WJ Haywire I, L.P., a Texas Limited Partnership for construction of onsite water and sewer services to serve Haywire Ranch, Phase I (City Project No. 00541); and authorize the City Manager to execute a Community Facilities Agreement with WJ Haywire I, L.P., for the installation of onsite water and sanitary sewer services to serve Haywire Ranch, Phase I, a future single-family home development, located in far west Fort Worth. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22245 be approved and Appropriation Ordinance No. 17646-07-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XV It appeared that the City Council set today as the date for the first public 1st Public Hearing hearing to consider entering into a Strategic Partnership Agreement for Strategic Municipal Utility District (MUD) No. 1 of Denton County, Texas (Tradition Partnership Phase I). Mayor Moncrief opened the public hearing and asked if there was Agreement for anyone present desiring to be heard. MUD No. 1 (Tradition Phase Susan Alanis, Assistant Director of the Planning and Development Department, 1) appeared before Council and gave a staff report. Council Member Espino stated that this was a quality development up in the far north Fort Worth area and that it would be helpful to the City Council if a short presentation could be made at the Pre-Council meeting next week. He also stated that he thought this would be a high residential design standard and that the City would be able get some sale tax dollars if the City did not fully annex them. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 24 of 36 There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XVIA — 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 May 24, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-039A There was presented Zoning Docket No. ZC-07-039A, application of the City Approved of Fort Worth for a change in zoning of property located at 3700 North Grove Street from "K" Heavy Industrial to "I" Light Industrial. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-039A, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-082 It appeared that the City Council, at its meeting of May 22, 2007, continued the Continued Until hearing of the application of Waterview Estates North, L.P., for a change in July 31, 2007 zoning of property located in the 4701, 5100 through 5200 block of East Loop 820 South from "MH" Manufactured Housing to (Tract 1) "A-5" One Family Residential, (Tract 2) "E" Neighborhood Commercial, Zoning Docket No. ZC- 07-082. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jill Rankin Ms. Jill Rankin, Carter & Burgess, 777 Main Street, representing Waterview Estates North L.P. developer for Enchanted Bay North, appeared before Council and stated that they had a meeting with Council Member Moss and an agreement was made for a "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted excluding four things within the vehicular sales and repair area. She advised Council that this would require re- advertisement for public notification and asked for a continuance to July 31, 2007 to accommodate this effort. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 25 of 36 There being no one present desiring to be heard in connection with the application of Waterview Estates North, L.P., Council Member Moss made a motion, seconded by Council Member Davis, that the hearing and Zoning Docket No. ZC-07-082 be continued until July 31, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-089 There was presented Zoning Docket No. ZC-07-089, application of Theresa A. Approved Winkiewicz for a change in zoning of property located at 3403, 3407, 3409 and 3421 Penticost Street from "C" Medium Density Multifamily Residential and "E" Neighborhood Commercial to "A-5" One Family Residential. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-089, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-090 There was presented Zoning Docket No. ZC-07-090, application of Carl Q. Approved Fretwell for a change in zoning of property located at 3016 Elinor Street and 2937 North Beach Street from `B" Two Family Residential to "E" Neighborhood Commercial. Council Member Scarth made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-090, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-093 There was presented Zoning Docket No. ZC-07-093, application of Texas Approved Christian University for a change in zoning of property located at 3524 and 3532 Ken Street and 3051 Wabash Avenue from "C" Medium Density Multifamily Residential to Block 9, Lot 6 "PD-497" Planned Development for "MU-2" High Intensity Mixed Use excluding ambulance dispatch station, blood bank, electric power substation, probation or parole office, auto repair, paint and body shop, boat rental or sales, cold storage or ice plant, gunsmithing repair or sales, mini warehouses, newspaper distribution center, assembly of pre- manufactured parts except for vehicles, trailers, airplanes, mobile homes, bottling works, milk or soft drinks, manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning or polishing preparations, small boats, novelties and clothing, monument and marble works, finishing or carving only, monument works, stone paper box manufacture, sheet metal shop, warehouse or bulk storage, welding shop, custom work(not structural), nothing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 26 of 36 included or excluded should be construed a waiving of any supplemental standards or restrictions contained in the "MU-2" zoning ordinance; Block 22, Lot 19 and 21, "PD-667" and "PD-668" Planned Developments for "C" Medium Density Multifamily Residential uses plus parking for TCU use. A six foot privacy fence to be erected along Block 9, Lot 6, with waiver of site plan recommended. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-093, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-094 There was presented Zoning Docket No. ZC-07-094, application of B Homes Approved Enterprises L.L.C., for a change in zoning of property located at 3714 and 3716 North Houston Street from "J" Medium Industrial to "A-5" One Family Residential. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-094, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-095 There was presented Zoning Docket No. ZC-07-095, application of Fort Worth Approved Independent School District for a change in zoning of property located at 1400, 1404 and 1408 Lipscomb Street and 1409 Alston Avenue from "CF/HC" Community Facilities/Historic and Cultural Landmark Overlay to "A-5/HC" One Family Residential/Historic and Cultural Landmark Overlay. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-095, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. SP-07-026 There was presented Site Plan No. SP-07-026, application of Whan Y. Ro for a Continued Until change in zoning of property located at 1220, 1222 and 1224 Circle Park July 17, 2007 Boulevard for a site plan to amend "PD-511" Planned Development for retail sales to relocate proposed structures. Lights on canopy are to be turned off when closed and chain locked at night. Chany Kim Mr. Chany Kim, Manager of Business, 1222 Circle Park Boulevard, appeared before the City Council and advised Council that he was in favor of the proposed site plan, but stated that they did not want to lock the gate late at night because the business closed at 10:00 p.m. and the employees that cleaned did CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 27 of 36 not leave until midnight. He stated that it was dangerous and not safe for them to go out to lock the gate with the lights off He added if something were to happen, it would be their responsibility. (Council Member Silcox assumed his chair at the dais.) Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Site Plan No. SP-07-026, be continued for one week to visit with Mr. Kim to discuss this matter. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-098 It appeared that the City Council, at its meeting of June 19, 2007, continued the Approved hearing of the application of Recycle America Alliance, L.L.C., for a change in zoning of property located at 5674 and 5814 Everman Kennedale Road from "CF" Community Facilities to "K" Heavy Industrial, Zoning Docket No. ZC- 07-098. 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 Recycle America Alliance, L.L.C., Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-098 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-100 There was presented Zoning Docket No. ZC-07-100 and Site Plan No. SP-07- SP-07-027 027, application of the City of Fort Worth for a change in zoning of property Approved located at 6288 Salt Road from "AG" Agricultural and "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for municipal solid waste landfill, with site plan required. Mayor Pro tem Hicks requested that staff explain to the audience why this change in zoning was necessary for the landfill. Brian Boerner, Director of the Environmental Management Department, appeared before City Council and stated that landfill had been zoned "AG" Agricultural and "CF" Community Facilities, which from a zoning standpoint was Legal non-conforming. He stated that it had been that way for a long period of time and that the current zoning was "PD/SU" Planned Development/Specific Use for municipal solid waste landfill. He stated that as the City worked for expansions and improvements to these facilities, having all of the landfills zoned the same would be preferable so as not to explain the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 28 of 36 legal non-conforming issue. He further advised the City of Kennedale had signed a Memorandum of Understanding that they would not oppose any expansion or improvements to the landfill. (Council Member Scarth filed a Conflict of Interest Affidavit and abstained from discussion and voting on this item.) Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-100 and Site Plan No. SP-07-027, be approved. The motion carried eight (8) ayes to zero (0) nays, and one (1) abstention, by Council Member Scarth. SP-07-029 There was presented Site Plan No. SP-07-029, application of Jose G. Florez for Approved a change in zoning of property located at 1238 Lincoln Avenue for site plan for real estate sales and service. Council Member Espino made a motion, seconded by Council Member Davis, that Site Plan No. SP-07-029, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-104 There was presented Zoning Docket No. ZC-07-104 and Site Plan No. SP-07- SP-07-031 031, application of Direct Fuels for a change in zoning of property located Approved 12401 Calloway Cemetery Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for fuel storage and distribution facility, with site plan required. Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-104 and Site Plan No. SP-07-031, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-105 It was the consensus that Zoning Docket No. ZC-07-105 and Site Plan No. SP- SP-07-032 07-032, application of Golden Triangle 9 Properties, Ltd., for a change in Withdrawn zoning of property located at 6521 Old Denton Road from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial, plus hotel, and with site plan required be withdrawn. ZC-07-106 There was presented Zoning Docket No. ZC-07-106 and Site Plan No. SP-07- SP-07-033 033, application of Llewellyn Realty, L.P., et al., for a change in zoning of Approved property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multifamily Residential to "PD/SU" Planned Development/Specific Use for offices, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 29 of 36 Council Member Burdette stated that the landowner and the party who is going to occupy this development made extensive changes and he feels that this is one that would accommodate all parties. He commended Mr. Wagner, who is constructing the building and also the Neighborhood Association and neighbors for working out a compromise. Dana Burghdoff, Planning and Development Department Deputy Director, requested that the motion include the amended site plan that was placed at the Council table which reflects the agreed upon height limit which was not sent out in the Council packet. Council Member Burdette made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-106 and Site Plan No. SP-07-033, with the amended site plan be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-107 There was presented Zoning Docket No. ZC-07-107, application of Charles E. Approved Dill for a change in zoning of property located at 12104 South Pipeline Road from "AG" Agricultural to "PD/I" Planned Development for "I" Light Industrial and excluding sexually oriented businesses and no sales of alcohol for on or off premises consumption, and with waiver of site plan recommended. Dan McInnis Mr. Dan McInnis, 108 W. 8th, #300, appeared before Council and stated that the wording on the agenda is not as restrictive as what was stated at the Zoning hearing and he requested it be changed to read "no sales or services of alcoholic beverages. Attorney Yett advised that with the more restrictive zoning than what was on the record, that the requested change was permissible. Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-107, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-108 There was presented Zoning Docket No. ZC-07-108, application of the City of Approved Fort Worth for a change in zoning of property located in the 3600 block of Plum Street from "AG" Agricultural to "A-5" One Family Residential. Council Member Moss made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-108, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 30 of 36 ZC-07-109 There was presented Zoning Docket No. ZC-07-109, application of the City of Approved Fort Worth (Frisco Addition Neighborhood) for a change in zoning of property located south of Magnolia Avenue, east of Jerome Street north of Mistletoe Avenue and west of the Fort Worth & Western Railroad from "A-5/HC" One Family Residential/Historic and Cultural Landmark Overlay, `B/HC" Two Family/Historic and Cultural Landmark Overlay and "R2/HC" Townhouse/Cluster Residential/Historic and Cultural Overlay to "R1/HC" Zero Lot Line/Historic and Cultural Landmark Overlay. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-109, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-110 There was presented Zoning Docket No. ZC-07-110, application of the City of Approved Fort Worth for a change in zoning of property located at 201, 207 and 215 South Main Street from "MU-2/1313" High Density Mixed Use/Demolition Delay and "MU-2" High Intensity Mixed Use to "MU-2/HC" High Intensity Mixed Use/Historic and Cultural Landmark Overlay. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-110, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-112 There was presented Zoning Docket No. ZC-07-112, application of the City of Approved Fort Worth (Lake Worth Leases) for a change in zoning of property located at 9800 and 9801 Goodnight Circle and 9800, 9801, 9870 and 9898 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 Silcox, that Zoning Docket No. ZC-07-112, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-113 There was presented Zoning Docket No. ZC-07-113, application of the City of Approved Fort Worth (Willow Creek Neighborhood) for a change in zoning of property located south of Sycamore School Road, east of Crowley Road, north of Lincolnshire Way and west of Hemphill Street from "A-5" One Family Residential, "R1" Zero Lot Line/Cluster Residential, "CR" Low Density Multifamily Residential and "C" Medium Density Multifamily Residential to "A-5" One Family Residential and `B" Two Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 31 of 36 Council Member Jordan made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-113, be approved with appreciation to Willow Creek Neighborhood Association and City staff The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-114 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17647- Docket No. ZC-07-114, Text Amendment for Historic Preservation Overlay 07-2007 Districts. Mayor Moncrief opened the public hearing and asked if there was Text Amendment anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the zoning hearing be closed, Zoning Docket No. ZC-07- 114 be approved and the following ordinance be adopted: ORDINANCE NO. 17647-07-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 5, "HISTORIC PRESERVATION OVERLAY DISTRICTS" ("HSE, "HC", "DD") OF CHAPTER 4 "DISTRICT REGULATIONS" TO REPEAL THE LANGUAGE IN SECTIONS 4.500 THROUGH 4.510 AND REPLACE WITH SECTIONS 4.500 THROUGH 4.512 CONTAINING NEW LANGUAGE FOR REGULATING HISTORIC PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-115 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17648- Docket No. ZC-07-115, Text Amendment for creation and appointment for 07-2007 Historic and Cultural Landmarks Commission. Mayor Moncrief opened the Text Amendment public hearing and asked if there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Jordan, that the zoning hearing be closed, Zoning Docket No. ZC-07- 115 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 32 of 36 ORDINANCE NO. 17648-07-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.103A "CREATION AND APPOINTMENT" AND SECTION 2.103B "TERMS OF OFFICE" OF CHAPTER 2 "REVIEW BODIES", ARTICLE 1 "GENERAL", TO ADD PROFESSIONAL FIELDS AND CLARIFY THE TERMS OF APPOINTMENTS FOR COMMISSIONERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-083 There was presented Zoning Docket No. ZC-07-083 and Site Plan No. SP-07- SP-07-023 023, application of Nizafet Petrovic for a change in zoning of property located Denied With at 308 East Seminary Drive from "E" Neighborhood Commercial to "PD/SU" Prejudice Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus mobile vendor (potentially hazardous), with site plan required. Joe Guerrero Mr. Joe Guerrero, 115 W. 2nd Street, Suite 108 in Sundance Square, appeared before the Council and stated that there is a mobile vending truck set up on the property now and they are in violation and still continually operate. Council Member Davis explained the truck will have to be removed once action is taken by the Council. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-083 and Site Plan No. SP-07-023, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-092 There was presented Zoning Docket No. ZC-07-092, application of Mearstone Continued Until Properties, L.P., for a change in zoning of property located in the 1200 block of August 9, 20007 Silver Creek Road from "AG" Agricultural to (Parcels 1 and 2) "A-7.5" One Family Residential and (Parcel 3) "E" Neighborhood Commercial. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 33 of 36 The following individuals spoke in support of the denial of the request and addressed the Council relative to the density of the proposed zoning; the unsafe infrastructure of Silver Creek Road; and protection of the community by leaving the property the way it was currently zoned; and the current level of heavy traffic that existed on this road: Gale Cupp 9225 Heron Drive Joe Waller Castle Circle Randy Armstrong 401 Verna Trail North Daniel O'Leary 532 Verna Trail North Council Member Burdette spoke at length about the property, the zoning and the infrastructure of Silver Creek Road, and the heavy traffic in the area. He spoke about postponing this item in order to meet with the developer. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-092, be continued until August 9, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-07-024 There was presented Site Plan No. SP-07-024, application of Aguilar Continued Until Children's Trust for a change in zoning of property located 2700 Green Oaks July 31, 2007 Road for site plan to amend "PD-697" Planned Development for a hotel to increase the overall square footage of the pole sign. Darla Rosenfield Ms. Darla Rosenfield, 5601 Enid Street, Fort Smith, Arkansas, appeared before the City Council representing the owner, requesting the approval of a 60-foot sign advertising the hotel. She requested that Council continue this case to allow for the re-advertisement and stated that the subject case should not have read "square footage" of pole, but rather the "height" of the pole sign. She also compared the proposed new hotel to the Comfort Suites next door, and advised Council that it would also need the same height pole sign in order to be seen from the freeway. City Attorney Yett advised Council that the subject case should not have read "square footage of pole", since this is regarding the height of the pole sign, and stated that this would require renoticing. After considerable discussion, the Council requested the following items: 1. The history of the signage for the Comfort Inn Hotel and its 60-foot sign. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 34 of 36 2. How the elevation of this proposed property compare to the Comfort Inn Suites. 3. How far are the exit ramps coming from the east/west direction to get to the hotel. Mayor Moncrief also requested that if they still had the results from the balloon test for the signage on the building, that this would also be useful information. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Site Plan No. SP-07-024, be continued until July 31, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-097 There was presented Zoning Docket No. ZC-07-097, application of MVP Denied Without Financial, LLC, for a change in zoning of property located at 3124 Avenue J Prejudice from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for continued use of a four plex, with site plan requested. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-097, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-099 There was presented Zoning Docket No. ZC-07-099, application of Roger Continued Until Johnson for a change in zoning of property located in the 3100 and 3200 blocks August 9, 2007 of Vine Street from "AG" Agricultural and "A-10" One Family Residential to "A-5" One Family Residential. Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-099, be continued until August 9, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10, 2007 PAGE 35 of 36 ORDINANCE NO. 17649-07-2007 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 nine (9) ayes to zero (0) nays. Agenda Item XVII Mayor Moncrief recognized Ms. Della Brooks, 1040 East Mulkey, as desiring Citizen to address the Council relative to complaints in District 8 and the Weed and Presentations Seed targeted areas; however Ms. Brooks was not present. Della Brooks Mark McLean Mr. Mark McLean, 6416 Hilldale Road, appeared before the Council and presented information relative to not using fluoride water in infant formula and he also stated that when the City provides water to its citizens, it should be safe. Kyev Tatum Reverend Kyev Tatum, Sr., 4700 E. Berry Street, along with the residents of the Villas of Eastwood Terrace, appeared before Council and expressed concerns relative to the alleged mistreatment by the management staff of the seniors living in this facility. He stated he was representing over 100 residences of Eastwood Terrace. Reverend Tatum spoke about issues such as high charges to residents for various services, no screen doors allowed, and the issue of double standards and double talk. He spoke about the run around he received when he requested documents from the Housing Department. He talked about their petition drive. He stated that a full fledge investigation by the federal government was warranted. He further stated that they were calling upon the City to work with them and to look into these allegations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 10,2007 PAGE 36 of 36 Mayor Moncrief stated that neither he nor any of the Council Members would condone the mistreatment of any Fort Worth citizens, especially the seniors. He stated that the City needed to look at the owners and managers and see who was doing what. Council Member Moss stated that the previous Thursday was the first time that he had heard these concerns and stated that his parents lived in this facility prior to the death of his father. He questioned whether the seniors were confident in and felt that the present management of the facility would address the issues and their concern. Council Member Silcox pointed out that the maintenance complaints should have been addressed as part of the City's inspection process. Revered Tatum stated the City would be inspecting itself. Agenda Item XIX There being no further business, the meeting was adjourned at 9:15 p.m. in Adjournment memory of John Hill, Former Secretary of State, Attorney General and member of the State Supreme Court. These minutes approved by the Fort Worth City Council on the 17th day of July, 2007. Attest: Approved: Y \ 1 Marty endrix Michael oncrief City Secretary Mayor