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HomeMy WebLinkAbout2007/08/09-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 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 Sylvia Glover, Assistant City Secretary Mayor Moncrief introduced "Mayor for a Day", Sullivan Lawler, a 14 year old student at Nolan High School. He stated that Mayor Lawler won"Mayor for a Day" at the St. Andrews Catholic School, and acknowledged Mayor Lawler's parents, Susan and Frank Lawler, who were in the audience. With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:12 p.m. on Thursday, August 9, 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 Pastor Roderick Miles, Campus Drive United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Davis, the minutes of the regular meeting of July 31, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Moncrief unveiled the new Molly art, created by artist Rebecca Lau and Special specially dedicated for the Council Chamber. Presentations Ms. Rebecca Lau explained the inspiration for this art piece and stated that she was honored to have been chosen to present her depiction of "Molly" to the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 2 of 36 Ms. Deborah Duke, Collection Management Administrator, Library Department, introduced children who participated in the Fort Worth Public Library's 39th Annual "Sail Away for Treasure: Read" Summer Reading Challenge. She stated that over 15,000 adults and children participated in the program this year. She introduced Ms. Linda Heinz, President of Friends of the Fort Worth Public Library, and Ms. Mandy Kizer, Fort Worth Market Development, Vice-President of Bank of America, who assisted the Council Members with the presentation of certificates to children who completed the program at libraries in their respective districts. Council Member Espino presented Certificates of Recognition to the following former Board and Commission members; however, they were not present in the Council Chamber: Ms. Linda Garcia, Fort Worth Human Relations Commission, from July 13, 2004, through June 12, 2007. Ms. Elizabeth Trevino, Fort Worth Human Relations Commission, from November 9, 2004, through June 12, 2007. Agenda Item VI Council Member Jordan announced that the "National Night Out", held on Announcements Tuesday, August 7, 2007, was a huge success in Council District 6. He stated that there was police, fire, Code Compliance and various City staff who showed up and demonstrated their care for the City of Fort Worth. Council Member Moss announced that he had recently spent time in Biloxi, MS, with the National League of Cities — National Black Caucus of Elected Officials, to help rebuild homes along the Gulf Coast. He stated that there was still an incredible amount of recovery and restoration that needed to be done. He also announced that there would be a District 5 Code Forum, on August 23, 2007, from 6:30 p.m. to 8:00 p.m. at the Handley Meadowbrook Community Center, 6201 Beaty Street and invited everyone to attend. He also stated that health issues were a major concern within the City of Fort Worth and added that JPS Health Network would be sponsoring a Breast Cancer Awareness presentation at the Truvine Missionary Baptist Church, 3732 Miller Avenue, on August 15, 2007, from 10:00 a.m. to 11:00 a.m., and a general informational session of Women's Health would be from 1:00 p.m. to 2:00 p.m, with lunch served in between sessions and encouraged people to participate. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 3 of 36 Council Member Scarth announced that the Girls Under 16 Softball Tournament was held last week and sponsored by the Parks and Community Services Department, headed by Richard Zavala. He expressed appreciation for the wonderful job that they did and stated that over 32 teams from six or seven states attended. He also stated that the "National Night Out" was a huge success in District 4. Council Member Espino announced that there would be a public meeting concerning the possible rezoning of Marine Park Neighborhood, a historic neighborhood behind the Rose Theater on August 16, 2007, at 7:00 p.m. at the Catholic Men's Club and invited everyone to attend. He also stated that there would be a special Town Hall meeting for the Chadwicks Farm Community at 7:00 p.m., August 22, 2007, at the Texas Motor Speedway Club. Mayor Moncrief stated that the "National Night Out" was a time to show off Fort Worth's finest, and he acknowledged the Police, Fire, and Code Compliance Officers who served the City of Fort Worth. He also commended the Code Blue program and COPS participants for helping to keep the crime rate low and for their participation throughout the communities. He then asked for the audience to direct their attention to Council Member Davis. Council Member Davis announced that she was resigning from the City Council and read the following letter into record: Good Evening, I would like to take a moment of personal privilege. I have had the honor of serving the City of Fort Worth and the citizens of District 9 for the last eight years. The challenges have been great, but the rewards have been far greater. I have enjoyed the opportunity to serve with the wonderful colleagues and fellow public servants that sit here with me today as well as with our former Mayor and Council members. It has been my honor to work alongside the dedicated, smart and hardworking Fort Worth City staff, ranging from Police and Fire to Transportation/Public Works, from Parks and Recreation and Economic Development and Planning and Development and from Code Compliance to Animal Control. Our staff is northing short of remarkable. But, most remarkable of all, and without whom I could not have serve my district as I have, is my loyal, intelligent, compassionate Council Aide and friend, Kristi Wiseman. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 4 of 36 Mostly, I am proud to have worked with so many Fort Worth citizens to keep Fort Worth a world class city. Through a shared commitment to our community we have: • Protected citizens from burdensome City tax increases • Created jobs through smart economic development • Cared for our children through innovative partnerships to provide free, safe and fun care for the youth of working families • Provided for quality affordable housing in mixed income communities through innovative public private partnerships • Made our neighborhoods safer, cleaner and more stable • Revitalized commercial corridors and designated a number of urban villages • Worked to protect our neighborhoods from airborne pollutants • And championed a proposed regional transit system to relieve congestion, address air quality and promote quality transit oriented development. In short, we have worked together to make our home a better place. These accomplishments were made in partnership with you, the citizens of District 9 and in the City as a whole. My work for you for these past eight years has been motivated by our common goals, and I have been driven to work hard because I have come to know you personally. To know your families, to know the things you desire for them, for your neighborhoods and for the larger community. We have worked hand in hand with the shared desire to improve quality of life in this place we jointly call home. Because we are a local government, Council Members and the Mayor have the opportunity and responsibility to work directly with their constituents and are directly accountable. I have enjoyed this honest brand of partnership and I know it is responsible for our success. But, while our partnership here in Fort Worth benefits our City, the partnership in Austin is badly broken. Failed leaders sent to Austin have forgotten who they represent, forgotten their way home, failed to remember that it is you and I, those who elect them, who called them to serve, not powerful special interests. Therefore so that we may renew the partnership with Texans and the Legislature to restore trust, integrity and a representation of the interests of our mutual home, today I am resigning as a member of the Fort Worth City Council to seek the honor of serving as Senator to the 10th Senatorial District. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 5 of 36 United and committed, I know that we have the faith and the strength to mend the relationship between Texans and their Legislature and overcome the challenges that keep our families from realizing the full promise this country and this state offer. Texas is ready for a change and I am prepared to deliver that change by continuing the brand of representation that I have always delivered, which is to: • Listen closely; • To work hard with all the good people of Tarrant County; • And to bring ethical representation that reflects the desires of our tax paying citizens, not powerful special interests. I have worked hard for eight years to represent this home, and I will take those local interests with me to the state level, remaining committed to being your local representative. Thanks to each one of you, particularly the constituents of District 9, for the honor to serve as your Council Member and for your contributions to the success we have achieved working together. I look forward to continuing to work together on this next great challenge. I am most appreciative to my generous friends and family, particularly my daughters Amber and Dru, who have supported me during my service on Council and who join me tonight in the Council Chamber and will join me in our next endeavor. Thank you Mayor Moncrief and my fellow Council Members for the privilege of these remarks this evening. Council Member Espino stated that although he had only worked with Council Member Davis for two years, he valued her participation in the revitalization of the LaGran Plaza. He indicated that she had a fair and balanced understanding of diversity and a unique perspective. Council Member Scarth stated that Council Member Davis' work with economic development in District 9 was remarkable and that he had learned a lot from her. He wished her continued success. Mayor Pro tem Hicks applauded Council Member Davis' dedication and her work with central city revitalization projects. She stated that when she faced challenges with the Evans Avenue and East Berry TIF projects, Council Member Davis showed her what could be done. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 6 of 36 Council Member Burdette stated Council Member Davis' great wisdom and enthusiasm would be sorely missed. Council Member Moss stated that Council Member Davis had an understanding of how programs work and because of that she was able to get things moving in her district. He stated that he was amazed at the initiatives she used to turn her district around. Council Member Jordan stated that he admired Council Member Davis for making courageous decisions to make the City of Fort Worth a better city. He acknowledged her debating skills and remarked at how she was not afraid to take on any issue. Mayor Moncrief commended Council Member Davis for her compassion and concern for the "least" of those within the City. He stated that he had enjoyed serving with her for the last four years and understood the dedication she put forth for City issues. Mayor Moncrief exercised his executive privilege to move Mayor and Council Communication No. PZ-2747, Zoning Docket No. ZC-07-133, and Item XV — Second Public Hearing for a proposed City Initiated Annexation of approximately 15.3 acres of land in Tarrant County, forward on the agenda. (Council Member Espino left his place at the dais.) PZ-2747 There was presented Mayor and Council Communication No. PZ-2747 from the Ord. No. 17680- City Manager recommending that the City Council adopt an ordinance 08-2007 amending the Fort Worth Building Code, by providing for sound attenuation Ord. No. 17681- construction requirements near the Naval Air Station Joint Reserve Base 08-2007 (NASJRB) noise impact areas; providing penalties for the violation thereof, and Amend Building adopt an ordinance amending the Fort Worth Residential Code, by providing and Residential for sound attenuation construction requirements near the Naval Air Station Codes to Add Joint Reserve Base noise impact areas; providing penalties for the violation Noise Attenuation thereof. Provision for Noise-Sensitive (Council Member Espino returned to his place at the dais.) Uses in NASJRB Noise Impact Mr. Ron Wooten, 6309 Cahoba, appeared before the City Council in opposition Areas and stated that he did not think that the neighborhood had an opportunity to be heard. He questioned whether the ordinances were really necessary. He stated that the Joint Land Use Study was supposed to be released August 27, 2007, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 7 of 36 and suggested that the Council review the study prior to making a decision. He also advised Council that there was no clear guidance on future applications. He further stated that if the ordinance was to be passed that some type of consideration for potential financial impact that this could have on the affected area should be considered. Council Member Silcox stated that there had been numerous opportunities for the public to provide input, and that thousands of invitations had been mailed. He had requested a list of the people that was sitting at the table with Mr. Wooten at a previous meeting and that invitations were sent to everyone on the list; invitation could not be sent to those who they did not have information. He stated that this ordinance did not apply to any existing structures, only on new construction. Council Member Burdette stated that he was also in attendance at the hearing where these comments were expressed and felt that these were legitimate concerns. The City was not attempting to restrict people's property rights. The City's primary aim was to make sure that citizens could continue to have that sound of freedom; not only for the security and safety of the nation, but also so that Fort Worth could continue to enjoy the great economic benefits that this military establishment meant to Fort Worth. He further stated that the what the City did not want to have was new people coming into the City and acquiring land and start building in such a manner that would seriously jeopardize the compatibility of the development with the mission of this base. The Committee was not through with this yet, but would keep in mind the comments as the Committee continued to work. He stated that between now and the time that final recommendations were made, there would be opportunity to see if what the Council was talking about tonight was going to adversely affect or have some consequences that were not proper and modifications could be made then. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2747 be approved and Ordinance Nos. 17680-08-2007 and 17681-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-133 There was presented Zoning Docket No. ZC-07-133, application of the City of Approved Fort Worth (Ridglea North Neighborhood) for a change in zoning of property located south of West Freeway, west of Winthrop Avenue, north of Camp Bowie Boulevard and east of Bigham Boulevard from "A-5" One Family Residential to "A-7.5", "A-10" and "A-21" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 8 of 36 Council Member Silcox made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-07-133, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV It appeared that the City Council set today as the date for the second public Second Public hearing for a proposed City initiated annexation of approximately 15.3 acres of Hearing for City land in Tarrant County, located north of Interstate Highway 30 and west of Initiated Chapel Creek Boulevard (AX-07-002 Attebury Tract). Mayor Moncrief Annexation opened the public hearing and asked if there was anyone present desiring to be (AX-07-002 heard. Attebury Tract) Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared before Council and gave a staff report. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox left his place at the dais and did not return.) Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15802, C-22292, C-22293 and C-22298 be withdrawn from the consent Consent Agenda agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22298 be continued until August 21, 2007, and Mayor and Council Withdrawn By Communication No. G-15813 be withdrawn. Staff Agenda Item IX Upon a motion made by Council Member Moss, seconded by Council Member Consent Agenda Espino, the Council voted nine (8) ayes to zero (0) nays, with Council Member Silcox absent to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1619 M&C OCS-1619 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 9 of 36 G-15803 M&C G-15803 - Adopting Appropriation Ordinance No. 17682-08-2007 Ord. No. 17682- increasing appropriations in the General Fund in the amount of$25,000.00 and 08-2007 decreasing the unaudited, unreserved, undesignated fund balance by the same Res. No. 3509-08- amount, for the purpose of funding a resolution for the employment of Dana 2007 Stayton and Dan Settle with the law firm Kelly, Hart and Hallman, LLP, as Employ Legal outside legal counsel to advise the City regarding the management of gas well Counsel to Assist revenue; authorizing the City to retain Dana Stayton and Dan Settle with the and Advise City law firm of Kelly, Hart and Hallman, LLP, as outside legal pursuant to Chapter Regarding VI, Section 3 of the City Charter, to assist the City Attorney with legal issues Management of regarding the City's management of the City's gas well revenue; and adopting Gas Well Revenue Resolution No. 3509-08-2007 for the employment of Dana Stayton and Dan Settle with the law firm Kelly, Hart and Hallman, LLP, as outside legal counsel to advise the City regarding the management of gas well revenue, and fixing in advance, as far as practicable, the amount to be paid to Kelly, Hart and Hallman, LLP, in an amount not to exceed $25,000.00. G-15804 M&C G-15804 - Authorizing the City Attorney to retain the law firm of Res. No. 3510-08- Tydings & Rosenburg, LLP, and designate Franklin M. Lee as outside legal 2007 counsel pursuant to Chapter VI, Section 3 of the City Charter to assist the City Employ Legal Attorney with legal issues related to the Availability and Disparity Study Counsel to Assist performed in anticipation of amending the City's Minority and Women and Advise City Business Enterprise Ordinance; and adopting Resolution No. 3510-08-2007 on Availability fixing in advance, as far as practicable, the compensation to be paid to Tydings and Disparity & Rosenburg, LLP, in an amount not to exceed $10,000.00. Study G-15805 M&C G-15805 - Authorizing the City Manager to execute a contract extension Execute Contract with Safety, Environmental and Engineering Solutions, Inc., for occupational Extension for safety training, to extend the contract to December 31, 2007. Occupational Safety Training G-15806 M&C G-15806 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 34812 with Quality Excavation, Ltd., in the 1 to CSC No. amount of $299,712.50, for HMAC Street Maintenance 2006-11 at various 34812 - Quality locations, for resurfacing of additional streets, thereby increasing the overall Excavation, Ltd. contract amount to $1,553,652.50. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 10 of 36 G-15807 M&C G-15807 - Rejecting all bids received for HMAC Surface Overlay Reject and Re- (2007-2); and authorizing re-advertising the project for bid at the earliest Advertise Bids for possible time. HMAC Surface Overlay (2007-2) G-15808 M&C G-15808 - Adopting Appropriation Ordinance No. 17683-08-2007 Ord. No. 17683- increasing estimated receipts and appropriations in the Contract Street 08-2007 Maintenance Fund in the amount of$361,067.50 from available funds based on Transfer Fund for a receivable from the Fort Worth Transportation Authority for the purpose of FY 2006-2007 funding a portion of the Fiscal Year 2006-2007 Street Maintenance Program. Street Maintenance Program G-15809 M&C G-15809 - Adopting Supplemental Appropriation Ordinance No. 17684- Ord. No. 17684- 08-2007 increasing appropriations in the Engineering Fund in the amount of 08-2007 $230,000.00 and decreasing the unreserved, undesignated funds balance by the Increase Funds for same amount for the purchase of furniture for the Engineering Department. Furniture Purchases G-15810 M&C G-15810 - Authorizing the City Manager to apply for and execute a grant Ord. No. 17685- contract, if awarded, with Texas Department of State Health Services' Regional 08-2007 and Local Services Section Local Public Health System, for an amount not to Increase Funds for exceed $36,500.00 for a period to begin September 1, 2007, and end FitFuture Fort August 31, 2008; authorizing a non-interest bearing inter-fund loan from the Worth General Fund to the Grants Fund in the amount of$10,000.00 for the interim financing of this grant pending contract execution to secure program continuation from one grant funding period to the next; adopting Appropriation Ordinance No. 17685-08-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of$36,500.00, subject to receipt of the Triple Zero Local Public Health System Development Funds from the Texas Department of State Health Services' Regional and Local Services Section Local Public Health System, for the purpose of funding FitFuture Fort Worth; and waiving any indirect costs to allow maximum use of funds for delivery of services to the community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 11 of 36 P-10633 M&C P-10633 - Authorizing the City Manager to execute a software and Animal Shelter support services purchase agreement with Multiple Options, Inc., for Animal Management Shelter Management System software, services, implementation and training System Software, for the Public Health Department; and authorizing a one-year agreement to Services, begin August 15, 2007, and expire August 14, 2008, with options to renew for Implementation three additional one-year periods. and Training P-10634 M&C P-10634 - Authorizing a sole source purchase agreement for Original Original Equipment Manufacturer (OEM) Sensus meters, calibration, replacement parts Equipment and repair services with Aqua-Metric Sales Company for the Water Department Manufacturer based on discounts offered from the manufacturer's list prices. Freight is Sensus Meters, included and payment is due 30 days after receipt of invoice; and Calibration, Replacement Parts OEM Sensus Meters and Replacement Manufacturer's List Price Less 20 and Repair Parts Percent Discount Services Sensus Meter Repair $ 5 5.00 Per Hour Meter Calibration $200.00 Per Hour Authorizing this agreement to begin August 7, 2007, and expire August 6, 2008, with options to renew for four additional one-year periods. L-14357 M&C L-14357 - Authorizing the execution of an Underground Pipeline Underground Easement Agreement with Texas Midstream Gas Services, L.L.C., for a natural Pipeline Easement gas pipeline across City-owned property in the James Sanderson Survey, A- for Natural Gas 1430, Interurban Addition, Blocks 11 and 12, in the amount of$16,647.31, for Pipeline a term of 20 years. L-14358 M&C L-14358 - Authorizing the conveyance of one Electric Utility Easement Convey Electric and right-of-way described as Tract A, being a portion of the G.M. & D. Utility Easement Survey, Abstract No. 626, Fort Worth, Tarrant County, Texas, Tract B, being a and Right-of-Way portion of Lot 1, Block 32, Lake Worth Leases, and a portion of the D.E. for Property Norton Survey, Abstract No. 1174, Fort Worth, Tarrant County, Texas, to Adjacent to Oncor Electric Delivery Company on City property adjacent to Bomber Road in Bomber Road west Fort Worth(DOE 5265). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 12 of 36 C-22286 M&C C-22286 - Approving the correction of M&C C-21905 authorizing the HillCo Partners, City Manager to execute a contract with HillCo Partners, LLC, for consulting LLC services relative to state legislative issues for an initial term of twelve months from January 1, 2007, to December 31, 2007, at an annual cost of$90,000.00 (instead of $84,000.00) plus up to $3,000.00 per contract term for reimbursables with a one year option to renew under the same terms and conditions. C-22287 M&C C-22287 - 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 certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines crossing Railhead Road, Meacham Boulevard and Deen Road. C-22288 M&C C-22288 - Authorizing the City Manager to execute a service and Boudreaux maintenance agreement with Boudreaux Communications, Inc., for an upgrade Communications, to the City's dispatch Console Paging System for the Information Technology Inc. Solutions Department in an amount not to exceed $89,497.00, with payment due 30 days after receipt of invoice in accordance with the agreed upon terms; authorizing the agreement for a term of one-year beginning on August 9, 2007; and authorizing execution of a one-year maintenance agreement with three additional one-year options to renew. C-22289 M&C C-22289 - Authorizing the City Manager to execute a work order with Alpha Building Alpha Building Corporation in the amount of$31,350.00 to repair and paint the Corporation exterior of the three structures at the North Holly Water Treatment Plant: High Service Pump Station, Chlorine Building and Filter Building No. 1. C-22290 M&C C-22290 - Rescinding the award of contract to Advanced Paving Rescind Contract Company and Construction, Inc., in the amount of $483,547.00 for Sidewalk to Advanced Contract - (Group 4) 2004 Capital Improvements Program; and authorizing the Paving Company City Manager to execute a contract with Advanced Paving Acquisition, Ltd., and Construction, d/b/a Advanced Paving Company, in the amount of$483,547.00 for Sidewalk Inc., and Execute Contract - (Group 4) 2004 Capital Improvements Program, Project No. 00698 Contract with (DOE 5673). Advanced Paving Acquisition, Ltd., d/b/a Advanced Paving Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 13 of 36 C-22291 M&C C-22291 - Authorizing the City Manager to execute a professional Kimley-Horn, Inc. services agreement with Kimley-Horn, Inc., for the Texas Motor Speedway Transportation Study that will supplement the Master Plan work being undertaken by the Planning and Development Department for the Texas Motor Speedway area at a cost of$75,000.00. C-22294 M&C C-22294 - Authorizing the transfer of$52,040.00 from the Storm Water Ord. No. 17686- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 08-2007 Ordinance No. 17686-08-2007 increasing estimated receipts and appropriations Teague Nall and in the Storm Water Capital Projects Fund in the amount of $52,040.00 from Perkins, Inc. available funds for the purpose of executing an engineering agreement with Teague Nall and Perkins, Inc., for the Scott-Sunset Drainage Improvements (City Project No. 00628); and authorizing the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $45,249.00 for the Scott-Sunset Drainage Improvements. C-22295 M&C C-22295 - Approving the correction of M&C C-21778 to change funding Ord. No. 17687- source from Community Physical Activity Promotion Training Curriculum 08-2007 grant to Community Physical Activity Promotor(es)/Community Health Worker Correct M&C (CHW) Training, for $20,000.00 to be used to provide training in C-21778 to English/Spanish for promotor(es) and community health workers on the Change Funding Community Physical Activity curriculum and to change start date from Source from September 1, 2006, to October 1, 2006; authorizing the reduction in estimated Community receipts and appropriations in Community Physical Activity Promotion Physical Activity Training Curriculum grant of the Grants Fund in the amount of $20,000.00; Promotion adopting Appropriation Ordinance No. 17687-08-2007 increasing estimated Training receipts and appropriations in the Grants Fund, Community Physical Activity Curriculum to Promotor(es)/CHW Training, by $20,000.00 and decreasing appropriations in Community the Community Physical Activity Promotion Training Curriculum by Physical Activity $20,000.00 for the purpose of transferring said funds; and waiving the indirect Promotor(es)/ cost rate of 17.59 percent to allow maximum use of funds for delivery of CHW Training services to the community. C-22296 M&C C-22296 - Authorizing the transfer of $580,079.00 from the Water and Ord. No. 17688- Sewer Operating Fund to the Water Capital Projects Fund; adopting 08-2007 Appropriation Ordinance No. 17688-08-2007 increasing the estimated receipts Camp Dresser and and appropriations in the Water Capital Projects Fund in the amount of McKee, Inc. $580,079.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing an Engineering Agreement with Camp Dresser & McKee, Inc., for the Northside IV 1.0 Million Gallon Elevated Storage Tank and 24/30" Water Transmission Main; and authorizing the City Manager to execute an CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 14 of 36 engineering agreement with Camp Dresser and McKee, Inc., in the amount of $580,079.00, for the Northside IV 1.0 Million Gallon Elevated Storage Tank and 24/30" Water Transmission Main. C-22297 M&C C-22297 - Authorizing the City Manager to execute a contract with Hardscape Hardscape Construction Specialties, Inc., in the amount of $214,652.95 for Construction playground renovations at Hallmark and Rosenthal Parks. Specialties, Inc. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council C.P. No. 269 There was presented Council Proposal No. 269, dated July 31, 2007, proposing Waive Application that the City Council authorize a waiver of all platting, application and and Building permitting fees related to the construction of the Fort Worth Zoo's Museum of Permit Fee for Living Art (MOLA) building. Fort Worth Zoo MOLA Building Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Council Proposal No. 269 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C.P. No. 270 There was presented Council Proposal No. 270 proposing that the City Council Waive Fee for authorize a waiver of the zoning change application fee and the double notice Zoning Change at fee, in the amount of$1,848.00, for property located at 3401, 3405, 3409, 3413, 3401 through 3421 3417 and 3421 Lawnwood Street, subject to an application being made by Lawnwood Street September 11, 2007. City Attorney Yett advised that Council procedure provided that Council Proposals were introduced at one meeting and followed by Council action at the preceding Council meeting. He added that Council would take action on this Council Proposal on August 14, 2007. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 15 of 36 Agenda Item XHI There was presented a resolution amending the Terrell Heights (formerly Near Res. No. 3511-08- Southeast) Historic District, for designation as a Historic and Cultural 2007 Landmark(HC) District. Amend and Designate Terrell Council Member Jordan made a motion, seconded by Council Member Heights as HC Burdette, that Resolution No. 3511-08-2007 be adopted. The motion carried District unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Mayor Pro tem Hicks expressed appreciation to Mr. Tom Struhs and everyone for their commitment to this area and stated that the houses that he would build would be keeping with that neighborhood. She applauded his commitment and looked forward to working with him. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15802 There was presented Mayor and Council Communication No. G-15802 from Ord. No. 17689- the City Manager recommending that the City Council adopt an ordinance 08-2007 amending Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Amend Chapter 4 Beverages" to add a new section prohibiting the possession of an open of the City Code container or the consumption of an alcoholic beverage within one thousand (1,000) feet of a homeless shelter or substance abuse treatment center located outside the Central Business District, except during certain temporary events. John Suggs Mr. John Suggs, 2504 Marigold Avenue, appeared before Council in opposition to the proposed amendment. He stated that homeless persons lacked private space and were subject to live their lives in public space and in public persecution. He stated that he felt that it was bad public policy because it was unfair to a particular group of people in a particular circumstance and would not solve the problems. He added that in many cases the homeless would be pushed into the neighborhoods and surrounding stores and businesses. He further stated that the problem was alcoholism and the City should look into solutions that would work. He stated that the answer to the alcohol problem for the homeless was the need of treatment on demand; the need for sobering stations to stabilize the individuals; and long term treatment followed by permanent supportive housing. Mayor Pro tem Hicks thanked Mr. Suggs for his comments and stated her frustration was that there were over 90 locations that sell alcohol within a two mile radius and a grocery store and she finds that to be a travesty. She added that her mission was not to deny anything to anyone but to bring in services that CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 16 of 36 people deserve in all areas of this City such as grocery stores, cleaners, and restaurants. She stated that this was a City-wide issue and it will take time to correct the proliferation of these stores selling alcohol. She stated that she looked forward to working with him on quality affordable housing and that it would take not just the City but the State and the County on dealing with this issue. Council Member Scarth commended Mr. Suggs' spirit and his commitment and dedication to this issue. He also expressed, as Mayor Pro tem Hicks mentioned, that the Mayor had been a good leader in helping to focus on a comprehensive solution. His concern was the children and families that come out of the shelter and get on bus to go to school and see the people standing around drinking. He further stated that this was one small part to a very comprehensive approach that the Council was trying to seek. Council Member Burdette stated that for the viewing audience that John Suggs knew more about the homelessness than anyone in the City of Fort Worth and maybe in the whole state. He added he was the Director of the Presbyterian Night Shelter for years and years. He further stated the City had to attack the disease and not the symptom and that Mr. Suggs' remarks were very appropriate. He stated that he hoped that the Council would invite Mr. Suggs back again to listen to his wisdom and experience to help solve this problem. Mayor Moncrief pointed out that when the Presbyterian Night Shelter first began what it was doing, it was designed for short term stays, but that was a far different day. When people were staying for 13 years, it was no longer a night shelter. He stated that when those same individuals in mass exodus cross the street on Lancaster to the Resource Center, which spends a fourth of its entire budget on a Police Officer, it is a severely broken system. He stated that the Council, led by Mayor Pro tem Hicks, fought so hard for the legislation and were fortunate to have State Representative Marc Veasey to carry the message across the goal line on the House side. He added that while it may not be the solution, the Council was committed to do something. He also stated that the common denominator to do anything was dollar bills and there would always be something that challenged for those dollars. He stated that everyone should have a living space in Fort Worth; it was one of the Council's priorities and it was his top priority. He hoped that Mr. Suggs would be a part of this and looked forward to working with him to help solve this problem. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 17 of 36 Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15802 be approved and Ordinance No. 17689-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15811 There was presented Mayor and Council Communication No. G-15811 from Establish, the City Manager recommending that the City Council: Designate and Reallocate 1. Authorize the transfer of $2,000,000.00 from the General Fund to the Funding for Fort Worth Housing Finance Corporation (FWHFC) for the purpose of Endowment Fund establishing a loan fund benefiting low to moderate income populations and Loan Fund consistent with the policies, guidelines and purpose of the Fort Worth and Adopt Policy Housing Trust Fund (FWHTF); and Program Guidelines for 2. Authorize a grant of$1,750,000.00 in HOME funds to the FWHFC to Fort Worth establish a loan fund to provide loans, grants and guaranties benefiting Housing Trust low to moderate income populations consistent with the policies, Fund guidelines and purpose of the FWHTF; Continued Until August 14, 2007 3. Authorize termination of Contract No. 29725 dated April 4, 2004, which established the Housing Development Fund, reallocation of the remaining HOME grant funds from the Housing Development Fund administered by the FWHFC under City Contract No. 29725 for inclusion with the allocation of HOME grant funds establishing the FWHTF, and transfer the servicing of outstanding loans of the Housing Development Fund to the FWHFC; 4. Authorize termination of Contract No. 33369 with Fort Worth Central Community Development Corporation and authorize a grant of $650,000.00 in Community Development Block Grant funds to the FWHTF to provide loans and grants low to moderate income populations consistent with the policies, guidelines and purpose of the FWHTF; 5. Approve and adopt the Policies and Program Guidelines for the FWHTF; 6. Authorize the City Manager to execute a contract with the FWHFC to allocate, invest, administer and expend the funds consistent with the policies, guidelines and purpose of the FWHTF; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 18 of 36 7. Authorize the City Manager to amend the contract as needed, provided the amendment is consistent with applicable laws and regulations and with the goals of providing support to the FWHTF and its loan fund; and 8. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Housing Finance Corporation Fund in the amount of $4,400,000.00 from available funds for the purpose of establishing a loan fund benefiting low to moderate income populations consistent with the policies, guidelines and purpose of the Fort Worth Housing Trust Fund. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15811 be continued until the August 14, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15812 There was presented Mayor and Council Communication No. G-15812 from Initiate Rezoning the City Manager recommending that the City Council authorize the City of Crestwood Manager to initiate certain zoning changes for the Crestwood neighborhood Neighborhood in from "A-5" One Family and "A-5/HC" One Family/Historic and Cultural Accordance with Overlay to "A-21" One Family, "A-10" One Family, "A-10/HC" One 2007 Family/Historic and Cultural Overlay and "A-7.5" One Family, in accordance Comprehensive with the 2007 Comprehensive Plan. Plan Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15812 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15813 It was the consensus of the City Council that Mayor and Council Reduce Communication No. G-15813, Authorize Reducing the Construction Setback Construction from a Gas Well for Lots 14, 15, 16, 17, 18 and 19 of Block F in the Willow Setback in Willow Springs Addition to Allow Residential Building Construction, be withdrawn Springs Addition from consideration. Withdrawn from Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 19 of 36 G-15814 There was presented Mayor and Council Communication No. G-15814 from Verify Historic the City Manager recommending that the City Council approve the applications Site Tax from multiple property owners for verification of the Historic Site Tax Exemption for Exemption as follows: Various Properties Property Location Property Owner(s) 1508 Lipscomb Street Michael & Amanda Murphree 2312 Harrison Avenue Robert Devargas 1617 South Adams Street Glen Pierce 1715 College Avenue Kevin Stone 714 Main Street Farmers & Mechanics, LP Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15814 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15815 There was presented Mayor and Council Communication No. G-15815 from Initiate Rezoning the City Manager recommending that the City Council authorize the City of Worth Heights Manager to initiate certain zoning changes for a portion of the Worth Heights Neighborhood in neighborhood from "A-5" One Family, `B" Two Family, "CF" Community Accordance with Facilities, "ER" Neighborhood Commercial Restricted and "E" Neighborhood 2007 Commercial to "A-5" One Family, "CF" Community Facilities and "E" Comprehensive Neighborhood Commercial in accordance with the 2007 Comprehensive Plan. Plan Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15815 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15816 There was presented Mayor and Council Communication No. G-15816 from Adopt Semi- the City Manager recommending that the City Council adopt the Capital Annual Impact Improvements Citizen Advisory Committee's Semi-Annual Impact Fees Fees Progress Progress report concerning the status of the Water and Wastewater Capital Report of Water Improvements Plan (CIP). and Wastewater CIP Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15816 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 20 of 36 G-15817 There was presented Mayor and Council Communication No. G-15817 from Provide Sewer the City Manager recommending that the City Council authorize the Water Service to Mr. Department to provide sewer service at 1.25 times the retail rate to Mr. Steve Steve McLaurin McLaurin to serve his personal residence located at 6985 Horseshoe Trail South, located in Tarrant County, outside of the Fort Worth City limits pursuant to City Code Section 35-60B "Uses Outside City"; and authorize the City Manager to execute an agreement for such services. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15817 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15818 There was presented Mayor and Council Communication No. G-15818 from Ord. No. 17690- the City Manager recommending that the City Council authorize the City 08-2007 Manager to authorize the transfer of$25,274.76 from the Water Bill Assistance Ord. No. 17691- Account to the Water and Sewer Fund; adopt an appropriation ordinance 08-2007 increasing estimated receipts and appropriations in the Water and Sewer Fund Transfer Funds in the amount of$25,247.76 from available funds for the purpose of funding the for Water/ Water/Garbage Fee Assistance and Plumbing Repair program; authorize the Garbage Fee transfer of $25,247.76 from the Water and Sewer Fund to the Special Trust Assistance Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $25,247.76 from a Water and Sewer Fund transfer for the purpose of funding the Water/Garbage Fee Assistance and Plumbing Repair program. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15818 be approved and Appropriation Ordinance Nos. 17690-08-2007 and 17691-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22277 There was presented Mayor and Council Communication No. C-22277, dated Ord. No. 17692- July 31, 2007, from the City Manager recommending that the City Council 08-2007 adopt a supplemental appropriation ordinance increasing appropriations in the American Traffic General Fund in the amount of $570,000.00 and decreasing the unaudited, Solutions, Inc. unreserved, undesignated fund balance by the same amount, for the purpose of executing a contract with American Traffic Solutions, Inc., for an automated red light enforcement program through an Interlocal Cooperative Purchasing Agreement with the City of Arlington; authorize the City Manager to execute a contract with American Traffic Solutions, Inc., for an automated red light CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 21 of 36 enforcement program through an Interlocal Cooperative Purchasing Agreement with the City of Arlington; and authorize the initial five-year contract term to begin August 10, 2007, with two three-year renewal options. Jim Bradshaw Mr. Jim Bradshaw, 4729 Trail Bend Circle, expressed appreciation to Council Member Davis for the many years of service that she had given the Council. He stated that she had been a very articulate and managed voice of reason over these years and wished her God speed. He stated that he represented Traffipax, a company that had been in business for 55 years. He added that his company also had the capability of "piggy-backing" off another local government entity's contract. He suggested the Company be allowed to set up five or ten cameras side-by-side with the American Traffic Solutions, Inc. (ATS) cameras at the Company's expense and see which camera was the best. He stated that at the end of that period, if the Council did not choose them, the cameras would be picked up and taken back to the factory. He pointed out the Company also had a price protection that they would include in the contract. He stated the Company wanted a chance to prove their system was the best system for the City. He emphasized that he felt it was detrimental for the City would be to have a Citizen's Committee looking after these red light cameras after the September 1st date, and the other thing was that the City would have to pay for the Engineering studies for the two-year prior or the five-years prior and the two or five years forward, we will pay for that expense. Adam Tuton Mr. Adam Tuton, Scottsdale, Arizona, Chief Operating Officer and Executive Vice President of American Traffic Solutions, Inc., expressed support for the staff s recommendation. He stated that their product was traffic safety and named various cities that they have delivered red light cameras for in various states. He added that he looked forward to working with the Council and the staff on delivering a quality program. James Vaughn Mr. James Vaughn, 517 N. Cockrell Hill Road, DeSoto, Texas, representing RMS Services, who have worked with ATS for over two years, appeared before Council and expressed support for ATS. He also supported their staffing plans, which was very diversed and stated that the Company did reach back into the community to staff projects. Elizabeth Banda Ms. Elizabeth Banda, Attorney, 4025 Woodland Park Blvd #300, Arlington, Texas, appeared before the City Council and introduced Ebony Cobb and Charles Brady of the same law firm. She stated the law firm had been working with ATS for some time now and they believed this Company was what was best for the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 22 of 36 Council Member Jordan stated that the City was under some time constraints from the passage of legislation in Austin and that this issue was about saving lives and public safety. He further stated that he would be perfectly happy if the City never wrote a ticket if they could stop people from running red lights. He made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22277 be approved and Supplemental Appropriation Ordinance No. 17692-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22292 There was presented Mayor and Council Communication No. C-22292 from the Tarrant County City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for parking lot modifications related to the construction of a fence along the border of Casa Mariana and the Will Rogers Complex for an estimated cost of$2,000.00. City Manager Boswell stated that this Mayor and Council Communication needed to be amended by changing the dollar amount from $2,000.00 to $6,000.00 and also in the Interlocal Agreement. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22292 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22293 There was presented Mayor and Council Communication No. C-22293 from the Casa Mariana City Manager recommending that the City Council authorize an amendment to Musicals, Inc. the Lease Agreement between the City of Fort Worth and Casa Mariana Musicals, Inc., for the construction of a fence along the border of Casa Mariana and the Will Rogers Complex. City Manager Boswell stated that the last sentence of the second paragraph under the Discussion section would be removed and substituted with: "The term of the lease expires on December 31, 2020." Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22293 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 23 of 36 C-22298 It was the consensus of the City Council that Mayor and Council Change Order No. Communication No. C-22298, Authorize Change Order No. 2 to City Secretary 2 to CSC No. Contract No. 34413 with West Texas Rebar Placer, Inc., for Additional Site 34413 - West Improvements at Rolling Hills Soccer Complex, be continued until the Texas Rebar August 21, 2007, Council meeting. Placers, Inc. Continued Until August 21, 2007 C-22299 There was presented Mayor and Council Communication No. C-22299 from the Ord. No. 17693- City Manager recommending that the City Council adopt an appropriation 08-2007 ordinance increasing estimated receipts and appropriations in the Capital Ord. No. 17694- Projects Reserve Fund in the amount of$263,000.00 from available funds for 08-2007 the purpose of transferring said funds to the Specially Funded Capital Projects Staubach Fund for the due diligence phase and development of acquisition alternatives Company - related to the Lancaster Post Office for potential use as a City Hall; authorize Southwest, Inc. the transfer of $263,000.00 from the Capital Project Reserve Fund to the Specially Funded Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $263,000.00 from available funds for the purpose of funding the due diligence phase and development of acquisition alternatives related to the Lancaster Post Office for potential use as a City Hall; and authorize the City Manager to execute a professional services agreement with the Staubach Company - Southwest, Inc., in the amount of$200,000.00 for due diligence and development of acquisition alternatives related to the Lancaster Post Office for potential use as a City Hall. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22299 be approved and Appropriation Ordinance Nos. 17693-08-2007 and 17694-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22300 There was presented Mayor and Council Communication No. C-22300 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 31710 to execute Amendment No. 1 to City Secretary Contract No. 31710 with - Kimley-Horn Kimley-Horn and Associates, Inc., for water and sanitary sewer relocations for and Associates, SH-121T (Southwest Parkway), Part 2 from Southwest Hulen Street to Alta Inc. Mesa Boulevard (City Project No. 00204), in the amount of $493,392.00 to provide additional engineering services on the project, thereby increasing the contract amount to $1,107,311.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 24 of 36 Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22300 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22301 There was presented Mayor and Council Communication No. C-22301 from the Ord. No. 17695- City Manager recommending that the City Council authorize the transfer of 08-2007 $2,201,600.00 from the Water and Sewer Operating Fund to the Water Capital Cleburne Utility Projects Fund in the amount of$1,101,300.00 and Sewer Capital Projects Fund Construction in the amount of $1,100,300.00; adopt an appropriation ordinance increasing Company, Inc. estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$1,101,300.00 and the Sewer Capital Projects Fund in the amount of $1,100,300.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Cleburne Utility Construction for Water and Sewer Main Replacement Contract 2006A; and authorize the City Manager to execute a contract with Cleburne Utility Construction Company, Inc., in the amount of $1,600,000.00 for Water and Sewer Main Replacement Contract 2006A. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22301 be approved and Appropriation Ordinance No. 17695-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22302 There was presented Mayor and Council Communication No. C-22302 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 32565 to execute Amendment No. 1 to City Secretary Contract No. 32565, a - Keller ISD Community Facilities Agreement with Keller Independent School District (ISD) in the amount of $70,545.00 for the installation of water and sewer services to serve Keller ISD Middle and Intermediate Schools. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22302 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22303 There was presented Mayor and Council Communication No. C-22303 from the Archer Western City Manager recommending that the City Council authorize the City Manager Constructors, Ltd. to execute a contract with Archer Western Constructors, Ltd., in the amount of $5,391,000.00 for the McCart Pump Station and Ground Storage Tank Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 25 of 36 Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22303 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22304 There was presented Mayor and Council Communication No. C-22304 from the Ord. No. 17696- City Manager recommending that the City Council authorize the transfer of 08-2007 $1,262,087.00 from the Water and Sewer Fund to the Water Capital Projects Vista Crossroads Fund in the amount of $1,179,127.04 and Sewer Capital Projects Fund in the I, Ltd., by Legacy amount of $82,959.96; adopt an appropriation ordinance increasing estimated Capital Partners receipts and appropriations in the Water Capital Projects Fund in the amount of H, Ltd., by Legacy $1,179,127.04 and the Sewer Capital Projects Fund in the amount of Capital Company $82,959.96 from a Water and Sewer Fund transfer, for the purpose of executing II a Community Facilities Agreement with Vista Crossroads I, Ltd., for the construction of offsite water and sanitary sewer services to serve Vista Crossroads; and authorize the City Manager to execute a Community Facilities Agreement with Vista Crossroads I, Ltd., a Texas Limited Partnership, by Legacy Capital Partners II, Ltd., its Manager, by Legacy Capital Company II, its General Partner, for the installation of offsite water and sanitary sewer services to serve Vista Crossroads, a development located in far northwest Fort Worth. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22304 be approved and Appropriation Ordinance No. 17696-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22305 There was presented Mayor and Council Communication No. C-22305 from the Ord. No. 17697- City Manager recommending that the City Council authorize the transfer of 08-2007 $38,431.00 from the Water and Sewer Operating Fund to the Sewer Capital FW Vista West H, Projects Fund; adopt an appropriation ordinance increasing estimated receipts L.P. and appropriations in the Sewer Capital Projects Fund in the amount of $38,431.00 from a Water and Sewer Fund transfer, for the purpose of executing a Community Facilities Agreement with FW Vista West II, L.P., for construction of sanitary sewer services to serve Vista West II; and authorize the City Manager to execute a Community Facilities Agreement with FW Vista West II, L.P., for the installation of sanitary sewer services to serve Vista West II, a future single-family home development, located in far west Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 26 of 36 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22305 be approved and Appropriation Ordinance No. 17697-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. (Council Member Jordan left his place at the dais.) 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 Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on July 26, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-285 There was presented Zoning Docket No. ZC-06-285 and Site Plan No. SP-06- SP-06-050 050, application of McQuerry Properties for a change in zoning of property Continued Until located at 2425 Decatur Avenue from "K" Heavy Industrial to "PD/K" Planned August 21, 2007 Development for "K" Heavy Industrial, plus recycling services, with torching area to be screened from the public right-of-way, and with site plan required. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-285 and Site Plan No. SP-06-050, be continued until the August 21, 2007, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. ZC-07-102 There was presented Zoning Docket No. ZC-07-102, application of Margaux Approved Westover Partners for a change in zoning of property located at 6700 and 6703 Ridgmar Boulevard and 401 Alta Mere Drive from "MU-1" Low Intensity Mixed Use and "G" Intensive Commercial to "F" General Commercial. Council Member Burdette made a motion, seconded by Council Member Scarth that Zoning Docket No. ZC-07-102, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 27 of 36 ZC-07-111 There was presented Zoning Docket No. ZC-07-111, application of the City of Approved Fort Worth (Near Southeast Neighborhood) for a change in zoning of property located south of Hattie Street, west of Exeter Street, north of Rosedale Street and east of Evans Avenue from "A-5" One Family Residential, "A-5/1313" One Family Residential/Demolition Delay, "A-5/HC" One Family Residential/Historic and Cultural Landmark, "B" Two Family Residential, "B/DD" Two Family Residential/Demolition Delay, "C" Medium Density Multifamily Residential, "CF" Community Facilities, "E" Neighborhood Commercial, "F" General Commercial, "MU-1" Low Intensity Mixed Use, "I" Light Industrial, "PD-277" Planned Development for church auxiliary uses and "PD-708/HC" Planned Development for "A-5/HC" One Family Residential/Historical and Cultural Overlay, plus museum and office to add a Historic & Cultural Overlay, and to incorporate design guidelines for the historic district. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-111, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. ZC-07-118 There was presented Zoning Docket No. ZC-07-118, application of Adventist Approved Health System/Sunbelt, Inc., for a change in zoning of property located at 11801 South Freeway (500 block of Old Highway 1187) from "AG" Agricultural to "CF" Community Facilities. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-118, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. (Council Member Espino left his place at the dais.) ZC-07-121 There was presented Zoning Docket No. ZC-07-121, application of Shriner's Approved Hospital for Children for a change in zoning of property located 4901 East Loop 820 South from "A-10" One Family to "I" Light Industrial. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in support of the zoning change. He stated that at the request of Council Member Moss that in view of what the applicant and Council Member hoped would be the redevelopment around Lake Arlington on the southeast side that his client set aside about a hundred foot area along the eastern property line and rather CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 28 of 36 than zone it "I" Light Industial, zone it "E" Commercial to provide a very heavily wooded buffer zone along what would be a future roadway along that area. He further stated that he had surveys prepared describing the metes and bounds of both the properties and provided them to Council Member Moss. He requested that the Council approve Tract 1 which was a parcel of about 16.6277 acres for "I" Light Industrial and down zone their request for Tract 2 or parcel B, which was a 1.070 acre tract to "E" Neighborhood Commercial. He provided copies to the Assistant City Secretary for the preparation of the zoning ordinance. (Council Member Jordan returned to his place at the dais.) Council Member Moss made a motion, seconded by Council Member Davis, that Tract 1 be approved from "A-10" One Family Residential for "I" Light Industrial, and Tract 2 to "E" Neighborhood Commercial, Zoning Docket No. ZC-07-121. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. SP-07-039 There was presented Site Plan No. SP-07-039, application of Bill Bonnell, Approved DDS, for a change in zoning of property located at 3700 Hopkins Avenue for a site plan to amend "PD-699" Planned Development to allow for the encroachment of the parking into the required setbacks and a wrought iron fence on the south property line. Council Member Davis expressed appreciation to Dr. Bonnell for working with the neighborhood on this and made a motion, seconded by Council Member Scarth, that Site Plan No. SP-07-039, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. (Council Member Espino returned to his place at the dais.) ZC-07-126 There was presented Zoning Docket No. ZC-07-126, application of Jerry Continued Until Barton for a change in zoning of property located at 2301 Scott Avenue from August 21, 2007 "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus kennel, and with waiver of site plan recommended. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-126, be continued until the August 21, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 29 of 36 ZC-07-128 There was presented Zoning Docket No. ZC-07-128, application of Quadrant Approved North Tarrant Partners, LTD., for a change in zoning of property located at 8501 Ray White Road from "CF" Community Facilities and "FR" General Commercial Restricted to "E" Neighborhood Commercial. Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-128, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-131 There was presented Zoning Docket No. ZC-07-131, application of the City of Approved Fort Worth (Historic Hillcrest Neighborhood) for a change in zoning of property located in the 2100, 2200 and 2300 blocks of Tremont Avenue from "A-5" One Family Residential to "A-5/HC" to add a Historical and Cultural Overlay, and to incorporate design guidelines for the historic district. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-131, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-132 There was presented Zoning Docket No. ZC-07-132, application of the City of Approved Fort Worth (Elizabeth Boulevard Historic District) for a change in zoning of property located at 2312 College Avenue, and in the 1000, 1100, 1200, 1300, 1400, 1500 and 1600 blocks of Elizabeth Boulevard from "A-5/HC" One Family Residential/Historic and Cultural Overlay and `B/HC" Two Family Residential/Historic and Cultural Overlay to amend design guidelines for the Historic District. Council Member Davis expressed appreciation to the residence who worked so hard on updating the guidelines and she stated that she met with some of them the previous week. She added they had done an excellent job on this update and the inclusion of the architect's landscape plan for the Elizabeth Boulevard area was ingenious. She applauded them for their work. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-132, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 30 of 36 ZC-07-134 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17698- Docket No. ZC-07-134, Text Amendment for Carport/Grandfathering/Non- 08-2007 Conformance. Mayor Moncrief opened the public hearing and asked if there Text Amendment 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 Scarth made a motion, seconded by Council Member Jordan, that the zoning hearing be closed, Zoning Docket No. ZC-07- 134 be approved and the following ordinance be adopted: ORDINANCE NO. 17698-08-2007 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SUBSECTION E "NONCONFORMING ONE- FAMILY CARPORT" OF CHAPTER 7.107 "SPECIFIC NONCONFORMING USES" OF CHAPTER 7 "NONCONFORMITIES" BY AMENDING SECTION 7.107E TO PROVIDE FOR, UNDER CERTAIN CIRCUMSTANCES, THE CONTINUED USE OF FRONT YARD CARPORTS CONSTRUCTED ON RESIDENTIAL ONE AND TWO FAMILY LOTS PRIOR TO SEPTEMBER 1, 2004; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-019 There was presented Zoning Docket No. ZC-07-019, application of Curt Denied Kautsch and Butch Purselley for a change in zoning of property located at 5620, 5624 and 5628 Pershing Avenue from "A-5" One Family Residential to "PD/Rl" Planned Development for detached one family development, including 43-foot wide lots and rear entry garages, with waiver of site plan requested. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 31 of 36 Council Member Burdette made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-019, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-092 It appeared that the City Council, at its meeting of July 10, 2007, continued the Overturned and hearing of the application of Mearstone Properties, L.P., for a change in zoning Approved of property located in the 1200 block of Silver Creek Road from "AG" Agricultural to (Parcels 1 and 2) "A-7.5" One Family Residential and (Parcel 3) "E" Neighborhood Commercial, Zoning Docket No. ZC-07-092. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ben Booth Mr. Ben B. Booth, 9800 Verna Trail, appeared before the Council in opposition to the denial of Zoning Docket No. ZC-07-092. He stated that there were three things that caused a change in the lifestyle in the location: The stench from the recycling plant, Silver Creek Road was a death trap for the community especially for children going to school, and high density development. He summarized the developer's successful efforts to improve these quality of life and safety issues as well as the widening of Silver Creek Road and asked that the Council support the zoning change. Gordon Swift Mr. Gordon Swift, 401 West Loop 820 North, Suite 108, representing Mearl McBee and Chris McBee, the prospective developers of this property, appeared before Council also in opposition of the denial. He stated that the applicant had reduced the zoning from "A-7" to "A-10" and reduced the number of lots from 492 to 471. He explained the developer's plans for Silver Creek Road and the secured funding for the paving for the road. He added that the plans complied with the Comprehensive Plan and that the developer had also signed a Memorandum of Agreement with the Economic and Community Development Department that actually committed the developer for his participation in the paving of Silver Creek Road. He expressed appreciation to Council Member Burdette for his hard work on this zoning case. Daniel O'Leary Mr. Daniel O'Leary, Vice President of the Tejas Trail Neighborhood Association, appeared before Council in support of the denial. He stated that the association considered the development to be contrary to the Comprehensive Plan as it was actually an increase in density in the surrounding neighborhoods. He pointed out that the City should obtain the land and firm funding commitments to improve all of Silver Creek Road and that there should be a protected intersection at Silver Creek Road and Verna Trail with a turn CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 32 of 36 lane and traffic arrows as the association was also concerned with safety issues. He requested that a video be shown to show the traffic along Silver Creek Road. Jim Ratterree Mr. Jim Ratterree, 233 Paint Pony Trail, appeared before Council and asked for clarification of Mr. Swift's statement that funding had been secured for the improvements to Silver Creek Road. Council Member Burdette stated that the City was working on a plan to get the development of the road started. He added that everyone involved would like to have the money to rebuild the entire road tomorrow; however, that was just not possible. He pointed out that the City was working with the developer and the other land owners between his development and IH-820 to work together to get the first portion of the road built. He further stated that he did not think the entire road could be built at one time, but he viewed this as an opportunity to solve the problems in the area. Mr. Ratterree stated that he had no problem with development, but expressed confusion with the computation for the proposed reduction in density. He referred to the video and stated that it reflected the safety concerns of the community. He stated that improving the road in front of the development while leaving the remainder of the road unimproved would only increase the problems. He stated that the well being of the families and public safety issues were more important. Marsha Keathley Ms. Marsha Keathley, 600 Verna Trails North, appeared before Council in support of the opposition of the zoning case. She stated that she had seen numerous accidents on Silver Creek Road since 1978 and it was in dire need of construction as it was uneven, had potholes, narrow, no shoulders or turn lanes and very dangerous curves. She pointed out the increased traffic from the new housing developments on Silver Creek Road and in Azle and increased the traffic flow of large heavy-duty trucks hauling building materials to these developments. She also expressed concern with no traffic signals at IH-820 and Silver Creek Road intersection and no walkways which would be dangerous for students walking to and from the new school. She added that the neighborhood was also looking at school traffic cutting through from White Settlement Road onto Verna Trails North and continuing to Silver Creek Road. She further stated that the safety of the communities' families and community members were her top priority and hoped the Council made it their top priority also. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 33 of 36 Katherine Ms. Katherine O'Leary, 532 Verna Trail North, appeared before Council and in O'Leary opposition of the zoning change. She expressed concern about the amount of construction occurring on her street, not having enough infrastructure available to support new housing, safety for the 2,500 students, and all of the dump trucks that travel along this street. Joe Waller Mr. Joe Waller, 2533 Castle Circle, appeared before Council in opposition of the zoning change. He stated that the density and traffic issues were the real issues. He stated that Council Member Burdette was relatively new to the Council and this was a very serious issue, but to Council Member Burdette's credit he wanted to do something positive for Silver Creek Road. He added that Council Member Burdette had met with various individuals on this issue, but nothing had been agreed upon. He further stated that he had talked to Audrey Arnold at the White Settlement School District, and she wanted to talk to her school board before they did anything. He requested that this zoning case be sent back to the City Zoning Commission so that Planning and Traffic Engineering could evaluate the zoning and provide their expert opinions. Council Member Burdette explained his position on this zoning case and summarized the history of the area. He pointed out that not doing anything to the road would not help in getting this road improved. He reiterated that the developer had signed a memorandum of intent with City whereby he pledged to contribute money to construct two more lanes of Silver Creek Road along the portion that abutted his land. He advised that the City was looking for some City money to add to this effort and that assistance would also be requested by the school district. He added that it would take a long time in getting the road rebuilt because of the money problem. Gordon Swift Mr. Gordon Swift provided rebuttal stating that the reconstruction of Silver Creek Road needed to start some where and that since there was a contractor who was willing to pay for a portion of this roadway the Council should support this zoning application. He stated that this was the same way that Seminary, Berry and Long Avenue were done in portions and not all at once. There being no one else present desiring to be heard in connection with the application of Mearstone Properties, L.P., Council Member Burdette made a motion, seconded by Council Member Jordan, that the hearing be closed and that Zoning Docket No. ZC-07-092 be overturned and approved, with no Commercial zoning included. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 34 of 36 ZC-07-099 It appeared that the City Council, at its meeting of July 10, 2007, continued the Denied hearing of the application of Roger Johnson for a change in zoning of property located in the 3100 and 3200 blocks of Vine Street from "AG" Agricultural and "A-10" One Family Residential to "A-7.5" One Family Residential, Zoning Docket No. ZC-07-099. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Don Ray Mr. Don Ray, 6300 Camp Bowie, Attorney representing his client, Roger Johnson, appeared before the Council in opposition to the denial. He stated that his client had already spent over a million dollars into new homes and was willing to spend three million more dollars into the development in Mosier Valley. He added that there had not been any new development in that area for decades. Melinda Dukes Ms. Melinda Dukes, 3113 Vine Street, appeared before the City Council in support of the denial and provided the rich history of Mosier Valley. She stated that this community was not a community for $150,000.00 homes. She talked about the condition of the streets and she stated that to her knowledge, not one house has been sold. She requested that Knapp Street be developed prior to the construction of the additional houses if the applicant is approved for "A-5" zoning. There being no one present desiring to be heard in connection with the application of Roger Johnson, Council Member Moss made a motion, seconded by Council Member Espino, that the hearing be closed and that the portion of "AG" Agricultural be zoned to "A-10" One Family Residential, Zoning Docket No. ZC-07-099 and that the portion on the east side of Vine, currently zoned "A-10" One Family Residential be continued until August 14, 2007. The motion carried six (6) ayes to zero (2) nays, with Mayor Pro tem Hicks and Council Member Jordan casting the dissenting votes and Council Member Silcox absent. ZC-07-116 There was presented Zoning Docket No. ZC-07-116, application of Harold Overturned and Matthews for a change in zoning of property located at 3705 Crestline Road Approved from "A-5" One Family Residential to `B" Two Family. Council Member Burdette made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-07-116, be overturned. The motion carried six (6) ayes to two (2) nays, with Mayor Pro tem Hicks and Council Member Jordan casting the dissenting vote and Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2007 PAGE 35 of 36 ZC-07-127 There was presented Zoning Docket No. ZC-07-127 and Site Plan No. SP-07- SP-07-042 042, application of Danny Curbo for a change in zoning of property located at Continued Until 2708 and 2710 Chestnut Avenue from `B" Two Family Residential, "E" August 21, 2007 Neighborhood Commercial and "I" Light Industrial to "PD/E" Planned Development for"E" Neighborhood Commercial, plus warehouse, and with site plan required. Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-07-127 and Site Plan No. SP-07-042, be continued until August 21, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17699-08-2007 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 Silcox absent. Agenda Item XVII Ms. Kitty Case, 6828 Robinhood Lane appeared before Council to request Citizen Council support for a resolution to impeach the President and Vice President of Presentations the United States. Kitty Case Patrick Murphy Mr. Patrick Murphy, the woods in east Fort Worth, appeared before Council relative to the passage of the alcoholic beverage ordinance. He mentioned that CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9,2007 PAGE 36 of 36 Mr. Michael Hatcher, founder of Lighthouse Ministries, was working to create a safe haven for homeless residents to store their personal belongings, receive mail, etc., while they were job hunting. (Council Member Scarth left his place at the dais.) Jerry Lobdell, The following individuals appeared before Council relative to the impeachment Nadine of the President and Vice President of the United States and requested the Thompson,Diane Council support this action. Wood Yvette Richardson 6605 Park Place Drive Hillary Timmers 4667 Pine Grove Lane Michael McNeal Mr. Jerry Lobdell 6336 Darwood Avenue Nadine Thompson 6444 Drury Lane Diane Wood 2308 Aster Avenue (Council Member Scarth returned to his place at the dais.) Joe Waller Mr. Joe Waller, 2533 Castle Circle, appeared before Council relative to the Joint Land Use Study (JLUS). He advised Council that the residents around Lake Worth knew how important the JLUS was and that everyone within a 65 decibel should be included. He added that these people also had a vested interest and wanted to have their viewpoint shared. Don Click Mr. Don Click, appeared before Council relative to rental registration and presented a series of questions in which he requested answered. He provided the list to the City Council. Agenda Item XIX There being no further business,the meeting was adjourned at 11:12 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 14th day of August, 2007. Attest: Approved: Marty HendrA Michael . M ncrie City Secretary Mayor