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HomeMy WebLinkAbout2007/10/02-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 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 With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:14 p.m. on Tuesday, October 2, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Life Development Pastor Walt Troup, Chapel Invocation Creek Fellowship. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Davis, the minutes of the regular meeting of September 25, 2007, were Minutes approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Cowtown Coliseum Special Centennial Anniversary Day to Mr. Hub Baker, Cowtown Coliseum. Mr. Presentations Baker invited everyone to attend the festivities at the Coliseum to be held on Saturday, October 6, 2007, at 11:00 a.m. Mr. Steve Murrin was also present and spoke about the Stockyards area. Council Member Scarth presented a Proclamation for Customer Service Week to Ms. Susan Fite, Senior Loan Services Specialist, Housing Department. Agenda Item VI Council Member Moss recognized Mr. Dwayne Washington in the audience Announcements and stated that he was the Director of the Gentlemen's Society in Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 2 of 36 He advised that this was a pilot program that taught young men to be gentlemen and included 22 courses ranging from nutrition, learning how to do interviews and social skills. He introduced Devon Smith, Deshawn Johnson, Tintu Phillips and John Benson, who were currently going through the program and expressed appreciation for their attendance at the Council meeting. Council Member Espino stated that the City was in the midst of Hispanic Heritage Month and that the Rose Marine Theatre had a month long series of celebrations and commemoration of Fort Worth's Hispanic Heritage. He added that the theatre had a play "Conference of the Birds" that explored the relationship between men, women and religion and encouraged everyone to attend the festivities at the Rose Marine Theatre. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15903 and C-22420 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15903, C-22420 and C-22432 be withdrawn from 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-1628 M&C OCS-1628 - 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-15893 M&C G-15893 - Authorizing payment for the City's FY 2007-2008 Pay FY 2007-2008 membership with the North Central Texas Regional Certification Agency Membership with (NCTRCA) in the amount of$36,179.00. NCTRCA G-15894 M&C G-15894 - Authorizing payment for the City of Fort Worth's FY 2007- Pay FY 2007-2008 2008 membership with the North Texas Commission (NTC) in the amount of Membership with $56,448.00. NTC G-15895 M&C G-15895 - Authorizing payment for the City's FY 2007-2008 Pay FY 2007-2008 membership with the North Central Texas Council of Governments (NCTCOG) Membership with in the amount of$59,885.00. NCTCOG CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 3 of 36 G-15896 M&C G-15896 - Authorizing the City Manager to pay $30,000.00 for the City Pay Membership of Fort Worth's Tarrant Regional Transportation Coalition (TRTC) Dues in TRTC membership dues. G-15897 M&C G-15897 - Authorizing payment for the City of Fort Worth's FY 2007- Pay FY 2007-2008 2008 membership with the Texas Municipal League (TML) in the amount of Membership with $27,402.00. TML G-15898 M&C G-15898 - Authorizing payment for the City of Fort Worth's FY 2007- Pay FY 2007-2008 2008 membership in the United States Conference of Mayors in the amount of Membership with $27,485.00. U.S. Conference of Mayors G-15899 M&C G-15899 - Authorizing the City Manager or his designee to execute an Execute Agreement Agreement for Resolution by Arbitration with Gilco Contracting, Inc. for Resolution by Arbitration with Gilco Contracting, Inc. G-15900 M&C G-15900 - Adopting Ordinance No. 17806-10-2007 adjusting the total Ord. No. 17806-10- number of authorized civil service positions in the Police Department; adding 2007 one sergeant position and reducing one police officer position; providing a Adjust Civil Service statement of purpose and intent for the adoption and implementation of this Staffing in Police ordinance. Department by Adding One Sergeant Position & Reduce One Police Officer Position G-15901 M&C G-15901 - Considering and adopting the findings and opinions of the Ord. No. 17807-10- City staff as presented herein; finding that the public necessity and convenience 2007 require the operation of three limousines upon the city streets, alleys and Grant Privilege to thoroughfares; and adopting Ordinance No. 17807-10-2007 granting the DFW Prestige privilege of operating authority to DFW Prestige Limos, LLC., d/b/a DFW Limos, LLC., d/b/a Limos, for the use of the streets, alleys and public thoroughfares of the City in DFW Limos,to Operate Limousines the conduct of its limousine business which shall consist of the operation of Upon Streets,Alleys three (3) limousines for a three (3) year period beginning on the effective date; and Public specifying the terms and conditions of the grant; providing a severability Thoroughfares clause; making this ordinance cumulative of all ordinances; providing for a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 4 of 36 penalty; providing for written acceptance by DFW Prestige Limos, LLC., d/b/a DFW Limos, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth(1986), as amended. G-15902 M&C G-15902 - Authorizing the City Manager to approve interlocal Approve Interlocal agreements between the City of Fort Worth and other Tarrant County Agreements for municipalities for the purpose of rabies control and rabies specimen shipment Rabies Control and from October 1, 2007, through September 30, 2008. Specimen Shipment P-10653 M&C P-10653 - Authorizing a purchase agreement with Tech Depot for minor Minor Technology technology equipment through a U.S. Communities Governmental Alliance Equipment contract for the City of Fort Worth. P-10654 M&C P-10654 - Rescinding authorization to purchase four Ford cargo vans Cargo Vans from Tarrant County Contract 2007-16 with Planet Ford 6; and authorizing the purchase of two Chevrolet cargo vans from a Texas Association of School Board Contract 208-04 with Caldwell Country Chevrolet based on the total cost not to exceed $65,024.00 with payment due 30 days after receipt of the invoice. P-10655 M&C P-10655 - Authorizing a purchase agreement for additional licenses, Additional Licenses, equipment, maintenance support and professional services with Strickland Equipment and Consulting, Inc., using General Services Administration Contract No. GS-35F- Maintenance 0540M for the IT Solutions Department, with freight included and payment due Support, 30 days after receipt of invoice. Professional Services P-10656 M&C P-10656 - Authorizing purchase agreements with Panasonic Computer Panasonic Notebook Solutions Company (Panasonic) selected order fulfillers for Panasonic Computers, notebook computers, peripheral equipment and maintenance for the Information Peripheral Technology Solutions Department using Texas Department of Information Equipment & Resources Contract Number DIR-SDD-531, with freight included and Maintenance payments due 30 days from receipt of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 5 of 36 P-10657 M&C P-10657 - Adopting Appropriation Ordinance No. 17808-10-2007 Ord. No. 17808-10- increasing appropriations in the Environmental Management Operating Fund in 2007 the amount of$6,685.00 and decreasing the unreserved retained earnings by the Ord. No. 17809-10- same amount, for the purpose of transferring said funds to the Environmental 2007 Management Project Fund; authorizing the transfer of $6,685.00 in Transfer Funds & undesignated funds in the Environmental Management Operating Fund (R103) Confirm Emergency Purchase of Services to the Environmental Management Project Fund (R101); adopting for Asbestos Appropriation Ordinance No. 17809-10-2007 increasing estimated receipts and Abatement appropriations in the Environmental Management Project Fund in the amount Activities Related to of $6,685.00 from available funds, for the purpose of funding the increase in Sanitary Sewer cost of the asbestos abatement removal at the A.D. Marshall Public Safety and Overflow & Courts Building and the Emergency Operations Center; and confirming an Decontamination at emergency purchase of services from Intercon Environmental, Inc., for asbestos A.D. Marshall abatement activities in the lower level of the A.D. Marshall Public Safety and Public Safety & Courts Building and at the Emergency Operations Center, for an amount not to Courts Building & exceed $30,310.00. Emergency Operations Center L-14401 M&C L-14401 - Authorizing the City Manager to enter into a Pipeline License Pipeline License Agreement with the BNSF Railway Company to support the Vista Crossroads Agreement for 24- Development, Phase 1 located at milepost marker 18.24 (DOE 5535- Inch Water Line to #07-32099). Support Vista Crossroads Development, Phase 1 L-14402 M&C L-14402 - Authorizing the acquisition of one permanent water main Acquire Permanent easement and one temporary construction easement described as a strip of land Water Main in the J.B. Renfro Survey, Abstract No. 1273, Tarrant County, Texas, from Easement and South Park Station, Inc., on the property located at 301 East Risinger Road, for Temporary the construction of the South Side II Water Transmission Main in the amount of Construction $10,000.00, plus estimated closing costs of $2,000.00; and authorizing the Easement for Construction of acceptance and recording of appropriate instruments (DOE 4083). South Side II Water Transmission Main CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 6 of 36 PZ-2754 M&C PZ-2754 - Adopting Ordinance No. 17810-10-2007 vacating and Ord. No. 17810-10- extinguishing a triangular portion of Mansfield Avenue right-of-way, located in 2007 the Daniel Dulaney Survey, Abstract No. 410, in the City of Fort Worth and Street Right-of--Way being part of the right-of-way for Mansfield Avenue, from the northeast corner Vacation of Mulkey Street and South Riverside Drive to the southern property line of Lot (VA-07-004) 2, Block 15, Belmont Second Filing Addition, an addition to the City of Fort Worth, Tarrant County, Texas. C-22418 M&C C-22418 - Authorizing the City Manager to execute a Public Right-of- Barnett Gathering, Way Use Agreement with Barnett Gathering, LP, (Barnett Gathering) that LP grants Barnett Gathering a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Wagley Robertson Road. C-22419 M&C C-22419 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, LLC Midstream Gas Services) that grants Texas Midstream Gas Services a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Northside Drive west of Interstate 35. C-22421 M&C C-22421 - Authorizing the transfer of$369,575.00 from the Storm Water Ord. No. 17811-10- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 2007 Ordinance No. 17811-10-2007 increasing estimated receipts and appropriations Humphrey & in the Storm Water Capital Projects Fund in the amount of$369,575.00 from a Morton Storm Water Utility Fund transfer, for the purpose of executing a contract with Construction Humphrey & Morton Construction Company, Inc., (City Project No. 00098); Company, Inc. and authorizing the City Manager to execute a contract with Humphrey & Morton Construction Company, Inc., in the amount of $392,649.90 for Minor Miscellaneous Culvert Improvements, Contract F. C-22422 M&C C-22422 - Authorizing the City Manager to apply for and accept, if Ord. No. 17812-10- awarded, grant funds in the amount of$100,000.00 from the U.S. Department 2007 of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Discretionary Accept Grant Funds Grants Program; and adopting Appropriation Ordinance No. 17812-10-2007 from Edward Byrne increasing estimated receipts and appropriations in the Grants Fund in the Memorial amount of $100,000.00, subject to receipt of the grant from the U.S. Discretionary Grant Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Discretionary Grants Program, for the purpose of funding a three-phase, comprehensive and innovative crime prevention program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 7 of 36 C-22423 M&C C-22423 - Adopting Supplemental Appropriation Ordinance No. 17813- Ord. No. 17813-10- 10-2007 increasing appropriations in the Solid Waste Fund in the amount of 2007 $25,500.00 and decreasing the unaudited, unreserved, undesignated fund Amendment No. 1 to balance by the same amount, for the purpose of executing Amendment No. 1 to CSC No. 35576- City Secretary Contract No. 35576 with Freese and Nichols, Inc., for Freese and Nichols, professional engineering services to the City of Fort Worth for the technical Inc. review of landfill documents; and authorizing the City Manager to execute Amendment No. 1 to City Secretary Contract No. 35576 with Freese and Nichols, Inc., for professional engineering services to the City of Fort Worth for the technical review of landfill documents and related services by increasing the total contract cost not to exceed from $24,500.00 to $50,000.00 and extending the term of the contract for 180 days. C-22424 M&C C-22424 - Adopting Supplemental Appropriation Ordinance No. 17814- Ord. No. 17814-10- 10-2007 increasing appropriations in the Solid Waste Fund in the amount of 2007 $26,000.00 and decreasing the unaudited, unreserved, undesignated fund Amendment No. 1 to balance by the same amount, for the purpose of executing Amendment No. 1 to CSC No. 35414- City Secretary Contract No. 35414 with Gershman, Brickner & Bratton, Inc., Gershman, Brickner for a marketplace assessment regarding the relationship between the City and &Bratton, Inc. Allied Waste Systems/Trinity; and authorizing the City Manager to execute Amendment No. 1 to City Secretary Contract No. 35414 with Gershman, Brickner & Bratton, Inc., for a marketplace assessment regarding the relationship between the City and Allied Waste Systems/Trinity by increasing the total contract cost not to exceed from $24,000.00 to $50,000.00 and extending the term of the contract for 180 days. C-22425 M&C C-22425 - Authorizing the City Manager to authorize execution of a Don E. Hansen Terminal Building Office Lease and Ramp Space License Agreement with Don E. Hansen at Fort Worth Meacham International Airport. C-22426 M&C C-22426 - Authorizing the City Manager to execute the second renewal Second Renewal of of an annual contract with Ace Pipe Cleaning, Inc., in the amount of Annual Contract- $219,960.00 for the Fort Worth Citywide Large Diameter Sewer Cleaning Ace Pipe Cleaning, Contract. Inc. C-22427 M&C C-22427 - Authorizing the City Manager to amend City Secretary Ord. No. 17815-10- Contract No. 29864 between the U.S. Fish and Wildlife Service and the City of 2007 Fort Worth to transfer the project site and grant funding from Rockwood Golf Amend CSC No. Course to the Fort Worth Nature Center and Refuge; accepting from the U.S. - U.S. Fish and Wildlife Service Fish and Wildlife Service up to $5,000.00 contribution to reimburse this and project; and adopting Appropriation Ordinance No. 17815-10-2007 increasing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 8 of 36 estimated receipts and appropriations in the Special Trust Fund in the amount of$5,000.00 from the U.S. Fish and Wildlife Service for the purpose of funding for native grassland and riparian habitat restoration from Rockwood Golf Course to the Fort Worth Nature Center and Refuge. C-22428 M&C C-22428 - Authorizing the City Manager to accept and execute an Ord. No. 17816-10- amended grant award from the Texas State Library and Archives Commission 2007 and the United States Department of Education for the Library Department's Texas State Library Inter-Library Loan Program in the amount of $311,955.00, decreasing the and Archives original authorized amount by $44,616.00 (M&C C-22096); adopting Commission &U.S. Appropriation Ordinance No. 17816-10-2007 decreasing estimated receipts and Department of appropriations in the Grants Fund in the amount of$44,616.00, subject to the Education execution of an amended grant and related agreement from the Texas State Library and Archives Commission and the U.S. Department of Education for the purpose of funding the Library Department's Inter-Library Loan Program; and applying indirect costs using the most recently approved indirect cost rate of 23 percent for the Library Department. The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Clifford Carl Logan be appointed to Place 6 on the Board of Adjustment — City Council Residential effective October 2, 2007, and with a term expiring Appointments October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. 272 There was presented Council Proposal No. 272 proposing that the City Council Oppose Collective oppose collective bargaining initiatives from any City employee group or Bargaining association. Initiatives from Any Employee Group (Council Member Moss left his place at the dais.) Mr. Bill Thornton, President and Chief Executive Officer, Fort Worth Chamber of Commerce, appeared before Council in support of Council Proposal No. 272. He distributed a letter that reflected the Chamber's opposition to collective bargaining quoting "...collective bargaining...takes the decisions of appropriate compensation and benefits of firefighters out of the hands of our elected officials and our City staff and potentially places these decisions in the hands of arbitrators or the court system. Such an initiative could significantly impact future budgets and therefore future tax rates and taxpayers." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 9 of 36 Council Member Burdette made a motion, seconded by Council Member Davis, that Council rules relative to taking action on Council Proposals at a subsequent Council meeting be suspended and that Council take action on Council Proposal No. 272. The motion carried unanimously eight (8) ayes to zero (0) nays, and with Council Member Moss absent. Council Member Jordan noted that neither City Manager Boswell nor City Attorney Yett had initialed the Council Proposal to acknowledge their review of its contents and asked they confirm their review and approval of the document. City Manager Boswell and City Attorney Yett assured the Council that they had reviewed the Council Proposal. City Attorney Yett added that in accordance with the wording of paragraph 3 of the Council Proposal, the City Attorney's Office found the document legal and within the authority of the City Council to adopt if they so chose. The City Council voted eight (8) ayes and zero (0) nays, with Council Member Moss absent, in favor of the motion. The motion carried. Council Member Davis made a motion to approve Council Proposal 272, seconded by Council Member Burdette. As one of the authors of the Council Proposal, Mayor Moncrief emphasized that the City Council greatly appreciated the work of all City of Fort Worth employees; however, he added that the Council believed that collective bargaining by any employee group would not be in the best interest of the City and would be counterproductive to the historic cooperative spirit between the City Manager and the employee groups. He further stated that it would be extremely costly to taxpayers. Council Member Davis clarified her position in support of the Council Proposal. She advised of the impact experienced by the City of Austin as a result of collective bargaining and not being able to afford the multi-year commitment made through contractual agreement. She added that, as a consequence, the City of Austin was facing having to layoff dozens of general employees in order to balance their budget. She referred to her concern with Meet and Confer being that it placed one employee group in a better bargaining position than the other two. She pointed out that her concern with collective bargaining was the same; it would place the City's firefighters as an employee group in a better bargaining position than the general employees. She further stated that the consequence of that was borne by the general employees who might find themselves without a job if the Council was unable to pay a budget obligation that was agreed to under collective bargaining or the consequences CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 10 of 36 borne by the taxpayers. She added that the City did an excellent job every year of meeting with and negotiating with all the employee groups on benefits and salary and pointed out that the City was not a big private corporation, but representatives of a tax paying community. She added that this was a delicate balance between taxpayer interests and employee compensation and benefits in the City of Fort Worth. Mayor Pro tem Hicks stated that the Council had been very responsible to the needs of all City employees and pointed out that it was important that everyone had a place at the table. She added she supported equity for all City employees and the residents she represented. Council Member Silcox stated that he would vote in opposition of the Council Proposal. He advised that the Fort Worth Firefighter Association had obtained over 8,000 signatures from Fort Worth residents through the petition process and that the decision should be in the hands of the voters. Council Member Jordan stated that his vote would be based strictly on the issue of collective bargaining and not on voting for or against the employees. He added that he pledged to continue to work diligently to make sure the City's employees continued as the best compensated and benefited employees in the nation. Council Burdette made a motion, seconded by Council Member Davis, that Council Proposal No. 272 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and with Council Member Moss absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations (Council Member Moss returned to his place at the dais.) Agenda Item XIII There was presented a resolution assigning preferential purchase priority for Res. No. 3536-10- cement from kilns with an emission rate of 1.7 pounds of No,per ton of clinker 2007 or less. Assign Preferential Purchase Priority Council Member Davis made a motion, seconded by Council Member Silcox, for Cement from that Resolution No. 3536-10-2007 be adopted. Kilns with Emission Rate of 1.7 Pounds The following individuals appeared before Council in support of the resolution. of NO,,Per Ton of They stated that this pertained to environmental stewardship and reduction of Clinker or Less emissions and expressed their appreciation to the Council for taking a proactive position on the "Green Cement" issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 11 of 36 Nelda Mills, Ms. Nelda Mills 3816 Lenox Drive Al Armendariz, Dr. Al Armendariz 11021 Ridgemeadow Drive, Dallas, Texas Jim Schermbeck, Mr. Jim Schermbeck 112 W. Garza, Slaton, Texas Daniel Terry, Reverend Daniel Terry 1505 Bluebonnet Drive Kem Anderson, Mr. Kern Anderson 4013 Bryce Avenue Lance Latham, Mr. Lance Latham 11011 Cody Street, Overland Park, Kansas Tom Chancellor Mr. Tom Chancellor 207 Chuck Wagon Trail Jim Addams Mr. Jim Addams, 122 W. Carpenter Freeway, Suite 485, Irving, Texas, Regional Manager for Holsom Cement, appeared before Council in opposition of the resolution. He advised that his company operated a cement plant in Midlothian, Texas, as well as in Oklahoma, and added that the company was also concerned about air quality in the region and last year installed state-of- the-art technology on their kilns that had reduced their No, emissions by 50 percent. He pointed out that his company had three concerns with the reoslution as follows: 1. Today there was no cement being produced in Midlothian which would meet the requirements of the resolution. Two of the ten kilns operating in Midlothian generated less than 1.7 pounds of No,per tons of clinker. 2. With the five percent preference the City's purchasing practices would give to concrete including "green cement", it could cover his company's costs, because cement was only a component of concrete, so as the five percent premium for concrete could translate into a 20 percent premium for their cement and that might get the company's attention. He pointed out that this would cost the City of Fort Worth a lot of money. 3. Notwithstanding the additional money, it would not reduce the No, produced at the Midlothian kilns by an ounce. He pointed out that it was a matter of mathematics as the demand for cement in Texas was running at 16 million tons annually, and it was projected to increase in the future. He added that if municipalities adopted similar ordinances it would result in some shifting market share and perhaps some short term windfall profits for the company. However, all the cement would continue to be produced, as would the clinker, and the No,would be the same as it was today. He encouraged the Council to reject this approach and hold open discussions to identify ways to achieve meaningful results. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 12 of 36 Council Member Jordan stated that as the City's representative to the Clean Air Steering Committee, he felt it was imperative for the motion for adoption to include that the City continue to work with the cement industry and to ask the Environmental Protection Agency and Texas Commission on Environmental Quality to continue working towards approval of the State of Limitation Plan. Council Member Davis amended her motion, and Council Member Silcox amended his second that Resolution No. 3536-10-2007 be adopted with the inclusion of Council Member Jordan's additions. Council Member Davis expressed appreciation to everyone who brought this forward for consideration. She stated that the clear point to be made was that by virtue of the discussions that Brian Boerner, Environmental Management Department Director, had this week with the wet kiln producers, there had been a positive consequence from this as the wet producers came forward and agreed that they would institute controls upon themselves. She added that the more cities would proceed in this way the better the result. Council Member Scarth asked for clarification of the statement that out of the 12 or 13 kilns that only two kilns could meet the 1.7 ton requirement. Mr. Brian Boerner, Environmental Management Department Director, stated that the City of Fort Worth and City of Dallas were working on procurement guidelines to insure the cities receive the result the resolution was asking for. He reiterated that the City was asking for a base bid of dry kiln cement with a preferred alternative of 1.7 which provided those dry kiln producers who could not meet 1.7 as of this time to actually put the control technology on early to meet that level. He added that from the mixing standpoint, the City would need to discuss this issue with the company to comply with the standard requirement. Council Member Scarth stated that he had a great concern for reducing the No, that came into the City and he was also concerned with the affect to the taxpayers if the City could only purchase cement from one company. He asked City Attorney Yett if the resolution placed the City in a situation where the City was limited in their ability to purchase cement. City Attorney Yett advised that if it constituted a problem, the Council could always revisit the issue. He added that there was some flexibility built into the procurement procedure. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 13 of 36 Council Member Burdette stated that the purpose of the resolution was to use the City's purchasing power or the City's authority to buy, or not buy, a particular product in such a way that it would reduce emissions. He expressed concern that if the City did not purchase wet cement, but that wet cement continued to be produced and was sold to other entities this would not reduce pollution. He encouraged staff to carefully monitor this issue because if the resolution did not reduce pollution, the City had to look at another solution. Council Member Moss expressed concern with having a report back from staff within a nine month period and advised that a report may be needed a lot sooner to determine how the process was doing. He added that the City was really putting itself into a bind by not having the ability to obtain adequate concrete to do the job needed. Council Member Jordan stated that several members of the Clean Air Steering Committee were moving towards the measurement of carbon dioxide emissions which was not currently regulated in the SIP or in federal emission standards and would be moving towards a policy decision on that issue. Mayor Moncrief pointed out that something needed to be done about the air quality in the City and whether the resolution was perfect or not remained to be seen. He added that the Council was committed to making a very strong statement on behalf of this part of the region to accept responsibility to go about making an improvement. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3537-10- There was presented a resolution re-appointing the following members to serve 2007 on the Fort Worth Art Commission and filling one vacancy, beginning Re-Appoint October 2, 2007, and with terms expiring September 30, 2009: Members and Fill Vacancy to Serve on NAME TYPE PLACE Fort Worth Art Commission Regina Blair Community Representative 1 Elva Concha LeBlanc, Ph.D Community Representative 3 Kirk Millican Art Professional (Design) 5 Helen Sides Community Representative 7 Mark Thistlethwaite Art Professional 9 Council Member Espino made a motion, seconded by Council Member Jordan, that Resolution No. 3537-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 14 of 36 Mayor Pro tem Hicks requested that when the next vacancy occurred that the Council consider appointing a resident from southeast Fort Worth. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15892 It appeared that the City Council, at its meeting of September 25, 2007, Ord. No. 17817-10- continued the public hearing to designate Tax Abatement Reinvestment Zone 2007 No. 62, City of Fort Worth, Texas, in the vicinity of Altamesa Boulevard and Designate Tax Granbury Road. Mayor Moncrief opened the public hearing and asked if there Abatement was anyone present desiring to be heard. Reinvestment Zone No. 62 Mr. Tom Higgins, Economic and Community Development Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15892, as follows: There was presented Mayor and Council Communication No. G-15892, dated September 25, 2007, from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 62, City of Fort Worth, Texas, in the vicinity of Alta Mesa Boulevard and Granbury Road; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty-Two (No. 62), City of Fort Worth, Texas", pursuant to and in accordance with Chapter 312 of the Texas Tax Code; 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 Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-15892 be approved and Ordinance No. 17817-10-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. G-15903 It was the consensus of the City Council that Mayor and Council Approve Interlocal Communication No. G-15903, Authorize the City Manager to Approve an Agreement for Interlocal Agreement for Rabies Control in Unincorporated Tarrant County, be Rabies Control in withdrawn from consideration. Unincorporated Tarrant County- Withdrawn from Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 15 of 36 G-15904 There was presented Mayor and Council Communication No. G-15904 from Reduce the City Manager recommending that the City Council consider the request of Construction the developer, DBL, JV, to reduce the existing gas well construction setback Setback Distance distance for Lots 14, 15, 16, 17, 18 and 19 of Block F in the Willow Springs from Gas Well to Addition from 200 feet to 100 feet from the Devon Energy, Harmonson No. 7 Allow Residential gas well. Building Construction- Denied Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council in opposition of this issue. He stated that he served on the Gas Well Task Force and that this issue was one of the last setback issues discussed on the task force. He advised that it was a contentious issue with many members of the task force to allow a 100-foot setback and stated that the problem with this was that it was an agreement with the developer and gas well operator. He further stated that 200 feet was a little bit crazy to be building homes for people to live next to and 100 feet was just insane. He pointed out that this precedent of setting building setbacks at 100 feet not be a precedent the City follow and suggested that the City consider reconvening the task force to review some of the issues that had arisen resulting from gas drilling and perhaps tweak the ordinance. (Council Member Silcox left his place at the dais.) Council Member Burdette stated that the Gas Well Task Force worked hard for several years to develop this ordinance and that one of the crucial issues was the distance between a gas well and another structure. He summarized the discussion of distance requirements conducted by the task force and stated that what the Council was being asked to do was to waive the 200-foot rule to build a structure. He added that in this particular case the well had already been drilled because the person who owned the land worked out an agreement with the drilling company to place the drill at this particular site, leaving the remaining portion of the land available for development by the land owner. He pointed out that what was being asked here was that the developer be allowed to continue to develop and build homes within the 200-foot distance which was contrary to the ordinance. He added that he had difficulty approving that waiver as the person requesting the waiver would not be living in the home and stated that he did not think it served a purpose to grant the waiver. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15904 be denied. 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 OCTOBER 2, 2007 PAGE 16 of 36 G-15905 There was presented Mayor and Council Communication No. G-15905 from Res. No. 3538-10- the City Manager recommending that the City Council authorize the City 2007 Attorney to file a lawsuit for the eviction of Skywings Flight Training, Inc., a File Lawsuit for corporate entity, and all persons or agents of Skywings Flight Training, Inc.; Eviction of hereinafter, "Skywings", who are on the property located at 4201 North Main Skywings Flight Street, Suite B-18 and Suite 130 at Meacham International Airport; and Training, Inc. from Meacham adopting a resolution authorizing the suit. International Council Member Espino made a motion, seconded by Council Member Moss, Airport that Mayor and Council Communication No. G-15905 be approved and Resolution No. 3538-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15906 There was presented Mayor and Council Communication No. G-15906 from Ord. No. 17818-10- the City Manager recommending that the City Council adopt a supplemental 2007 appropriation ordinance increasing appropriations in the Culture and Tourism American Paint Fund in the amount of$159,125.00 and decreasing the unaudited, unreserved, Horse Association undesignated fund balance by the same amount, for the purpose of providing additional incentives for American Paint Horse Association events; and authorize payment in the amount of$221,524.00 to the American Paint Horse Association (APHA) for the purpose of providing additional incentives for APHA events. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15906 be approved and Supplemental Appropriation Ordinance No. 17818-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15907 adopt an ordinance amending Chapter 7 "Buildings" City Code to add Amend Chapter 7, additional registration, inspection and enforcement requirements for multi- Article IX and family properties with three or more units and add new regulations for one- and Adding Article X of two-family rental properties. Mayor Moncrief opened the public hearing and City Code- Continued Until asked if there was anyone present desiring to be heard. October 9, 2007 (Council Member Silcox returned to his place at the dais.) Mr. Brandon Bennett, Code Compliance Department Assistant Director, appeared before Council, gave a staff report, requested that the Council continue the public hearing until the October 9, 2007, Council meeting and called attention to Mayor and Council Communication No. G-15907, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 17 of 36 There was presented Mayor and Council Communication No. G-15907 from the City Manager recommending that the City Council adopt an ordinance amending Chapter Seven"Buildings", of the Code of the City of Fort Worth, by amending Article IX "Registration and Inspection of Multi-Family Dwelling Complexes" to revise the regulations for the registration and inspection of multi-family dwellings and adding civil enforcement and by adding a new article, Article X "Registration and Inspection of One-Family and Two-Family Dwellings" to require registration of one and two-family rental units. Mr. Brandon provided three options for Council consideration as follows: 1. Option #1: Free mandatory registration for one- and two-family units and add penalties/fees for no registrations: • One-family unit $.00 registration fee ■ $100.00 penalty/fee for no registration ■ $200.00 penalty/fee for no registration with code violations • Two-family unit $.00 registration fee ■ $100.00 penalty/fee for no registration ■ $200.00 penalty/fee for no registration with code violations • Three-Seven Complex $24.00 registration fee and $8.00 fee for each additional unit • Eight and above Complex $24.00 registration fee and $8.00 fee for each additional unit • Consider adjusting per unit fee in 2nd and 3rd year 2. Option#2: Voluntary registration for one- and two-family units and add registration/penalties/fees for substandard conditions: • One-family unit $.00 registration fee ■ $200.00 penalty/fee with code violations • Two-family unit $.00 registration fee ■ $200.00 penalty/fee with code violations • Three-Seven Complex $24.00 registration fee and $8.00 fee for each additional unit • Eight and above Complex $24.00 registration fee and $8.00 fee for each additional unit • Consider adjusting per unit fee in 2nd and 3rd years 3. Option#3: Staff Recommendation • Implement the Rental Registration Expansion Program as adopted in the FY 2007 budget. 1) Expand current registration program to include one to seven units CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 18 of 36 2) Periodic inspections for three and more unit complexes 3) Self-inspection of one and two unit properties 4) Inspect one and two units on a complaint basis only 5) Change fees to $24.00 for the first unit and $8.00 for each additional unit • Review the fee structure annually to insure the program remains self-funded • Accept the Public Meeting recommendations to strengthen the Code Compliance Department's enforcement ability through the use of civil penalties • Continue to work on Public Meeting recommendations, i.e., Public/Community Action Teams; Pre-Building Standards Commission Compliance meetings; additional data mining Tools/Internet Resources • Continue to review other Public Meeting recommendations to improve code enforcement. Mayor Moncrief advised that Council discussion during the Pre-Council Work Session resulted in a preference for Option#2. Gail Tidwell Ms. Gail Tidwell, 11712 Wind Creek Court, appeared before Council in support of the ordinance. She proposed that the City develop an interactive registration program for all one- and two-family residential properties where every participant had an ID and passcode. She added that personal computers could be made available at libraries and community centers and made available to all citizens without restriction. She pointed out that the program could be used by Citizens on Patrol and neighborhood associations to input information about people that owned property. She asked the Council to ask staff what the associated costs to operate the current multi-family inspection program were before the next fees were set and the cost anticipated for operating the proposed program. David Thrapp Mr. David Thrapp, 1909 Alston Avenue, appeared before Council in support of the ordinance. He stated that he supported Option #1 because there were multiple slum lords in his neighborhood that had divided single family properties into five plexes. He stated that if Option #2 or #3 were adopted, the City might miss some of the disconnected properties. Fred Harper Mr. Fred Harper, 2248 5th Avenue, representing the Fairmount Neighborhood Association, appeared before Council in support of the ordinance. He stated that this rental registration document was a culmination of three years of hard CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 19 of 36 work with participation from various individuals and associations. He added that the Fairmount area was 30 to 40 percent rental property and the vast majority of that property was single-family or duplex property which created most of the problem in the area. He pointed out that the neighborhood association was concerned that Option #2 would miss the rental property owners and give them a pass for another few years until the issue was revisited. He added that the association strongly supported full registration of every rental property in Fort Worth. Melissa Wade Ms. Melissa Wade, 2700 Waits Avenue, appeared before Council in support of the ordinance. She stated that she did not have a preference for either option and requested that one- and two-family rental units be included to ensure all units were monitored. Cleveland Harris Mr. Cleveland Harris, 1037 Colvin Street, representing the Morningside Neighborhood Association, appeared before Council in support of the ordinance. He stated that either option was acceptable and expressed appreciation to the Mayor, Council and Code Compliance for their efforts on this issue. Gail Carswell Ms. Gail Carswell, 2418 6th Avenue, appeared before Council in opposition of the ordinance. She stated that she had not been involved in this issue, but that registration for one- and two-family homes was not needed as current codes were sufficient and served the community well. Barbara Dabenport Ms. Barbara Dabenport, 7009 Tumbling Trail, representing various organizations, appeared before Council in opposition of the ordinance. She stated that this process had resulted in a cooperative effort with people coming together with different ideas to create an idea to make the City better. She added that members of her associations supported Option #2. She expressed concern that information requested from Municipal Court relative to the amount of uncollected Code Compliance fines that were outstanding and how many of those fines were being written off and not enforced was not forthcoming. Cindy Hoover Ms. Cindy Hoover, 2242 Forest Park Boulevard, appeared before Council in opposition of the ordinance. Don Klick Mr. Don Klick, 8450 Trace Ridge Parkway, appeared before Council in opposition of the ordinance. He stated that he supported the Board of Realtors plan that punished bad owners while keeping single family and duplex registration voluntary. He stated that his suggestions for improving the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 20 of 36 ordinance were: better to focus on the worst offenders, limit the fine and registration to property substandard at least six months and make single family registration mandatory after six months. He stated that Fort Worth needed to punish bad owners, but also needed to encourage investment in affordable housing. Helen Collins Epps Ms. Helen Collins Epps, 6215 Wichita Street, President-Elect of the Greater Fort Worth Board of Realtors, appeared before Council in opposition of the ordinance. She provided a history of the Board's involvement in the process and stated that the Board did not support the City staff s proposal for mandatory, fee-based registration for all rental properties. She added that the Board learned that identifying the owners of the properties was not the problem, rather it was the fine and punishments were being ignored and not followed through with. She pointed out that the ordinance as presented did not reflect many of the recommendations made during the meetings on this issue and stated that during the public meetings landlords and others agreed to compromise on the addition of three to seven unit properties under one roof to the multi-family inspection program which would bring the definition in line with the Building Code. However, she pointed out that the ordinance as presented today would include contiguous single-family properties under multi- family which could cause legal difficulties in the case of inspecting single- family homes. She added that the Board was opposed to this change. She further stated that there was also a requirement in the staff proposal which would require the designation of a local contact who could accept legal services; however, according to the Property Code the only requirement of such an agent would be to give the name and address of the owner. She stated that this essentially required an out of state owner to hire someone to tell the City staff the owner's name and address. She added that instead the Board supported a system that expanded enforcement options and would assist Code Compliance in their efforts to target unresponsive property owners. She further stated that the Board was in favor of the various tools to improve enforcement and collection activities. She completed her comments by stating that the Board was in support of Option#2. Council Member Burdette stated that he was not in favor of either option and thought that the ordinance needed to be amended to require registration and inspection of three or more units. He explained that he had not had a great deal of contact from his district indicating that one- or two-family units had been a problem and stated that he did not feel comfortable with saying that because there was a problem in one area of the City, the Council needed to burden the owners of one- and two-family dwellings in his district with registration and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 21 of 36 everything that went with it. He reiterated that he would like to see an amendment to the ordinance that pertained to three or more units and do nothing at this point for one or two units. He added that this should be monitored for a year to see if that change resolved the problem and to what extent it resolved the problem. He pointed out that the problem was with the enforcement of the current ordinance. Council Member Espino stated that this issue arose back when the Unrelated Persons and Rental Registration Task Force was created because neighborhoods throughout the City had expressed major concerns about substandard rental properties throughout the City. He added that he viewed this as a quality affordable accessible housing issue and stated that he was in favor of moving forward with some type of rental registration and going after the worst Code violators. He added that the City had to participate, through the Housing Trust Fund, to provide property owners with a fund to rehab many of the single family homes that were being rented. He stated that he supported Option #2, but in the event there were issues with Option #2, the Council had to revisit Option#1 and make rental registration mandatory. Council Member Davis expressed appreciation to everyone involved in this issue and stated that one of the reasons for going to a universal registration was the fact that the City was having a hard time finding the property owner. She advocated that the City start with Option #2, but if after a review period of a year the City found that it was not addressing problems Option #2 would address, that the City would go to Option#1. There being no one else present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that the public hearing and Mayor and Council Communication No. G-15907 be continued until the October 9, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22420 It was the consensus of the City Council that Mayor and Council Alpha Building Communication No. C-22420, Authorize Execution of a Work Order with Job Corporation— Order Contractor, Alpha Building Corporation, to Renovate Fire Station No. 21 Withdrawn from to Provide a Female Restroom Facility, be withdrawn from consideration. Consideration C-22429 There was presented Mayor and Council Communication No. C-22429 from the Neighborhood City Manager recommending that the City Council find that the statements set Homes forth in the recitals of the Tax Abatement Agreement with Neighborhood Homes are true and correct; and authorize the City Manager to enter into a five- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 22 of 36 year Tax Abatement Agreement with Neighborhood Homes for the properties located at 1217 East Annie Street, 1008 East Bessie Street, 905, 958, 1004, 1024, 1025, 1036, 1104 and 1105 East Broadway Avenue, 1121 and 1236 East Leuda Street, 1105, 1133 and 1136 East Stella Street and 916 East Tucker Street in the Evans and Rosedale Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ municipal property tax abatement. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22429 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22430 There was presented Mayor and Council Communication No. C-22430 from the Correct M&C C- City Manager recommending that the City Council approve the correction of 21964 - Texas M&C C-21964 increasing the City's financial participation by $7,328,145.00 Department of under a Local Transportation Project Advance Funding Agreement with the Transportation Texas Department of Transportation for the design and construction costs associated with the relocation of Farm to Market Road 156 in order to accommodate the runway extension project at Fort Worth Alliance Airport. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22430 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Espino left his place at the dais.) C-22431 There was presented Mayor and Council Communication No. C-22431 from the Conatser City Manager recommending that the City Council authorize the City Manager Construction Texas, to execute a contract with Conatser Construction Texas, LP, in the amount of LP $1,063,176.00 for water and sanitary sewer main relocations for Fort Worth Museum of Science and History (City Project No. 00716). Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22431 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22432 It was the consensus of the City Council that Mayor and Council Sundance Square Communication No. C-22432, Authorize the City Manager to Execute a Lease Partners, L.P.— Agreement with Sundance Square Partners, L.P., for Office Space Located at Withdrawn from 501 South Jones Street for the Police Department, be withdrawn from Consideration consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 23 of 36 C-22433 There was presented Mayor and Council Communication No. C-22433 from the Ord. No. 17819-10- City Manager recommending that the City Council adopt an appropriation 2007 ordinance increasing estimated receipts and appropriations in the Water Capital Ord. No. 17820-10- Projects Fund (Impact Fee Account) in the amount of $4,992,954.00 from 2007 available funds for the purpose of transferring said funds to the Water Capital Camp Dresser & Project Fund (Design Account); authorize the transfer of $4,992,954.00 from McKee, Inc. the Water Capital Project Fund (Impact Fee Account) to the Water Capital Project Fund (Design Account); adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$4,992,954.00 from available funds, for the purpose of executing an engineering agreement with Camp Dresser & McKee, Inc., for the design of the Northwest Water Treatment Plant; and authorize the City Manager to execute an engineering agreement with Camp Dresser & McKee, Inc., in the amount of $4,992,954.00 for the design of the Northwest Water Treatment Plant. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22433 be approved and Appropriation Ordinance Nos. 17819-10-2007 and 17820-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to C-22434 apply for and accept the FY 2007 Byrne Justice Assistance Grant; authorize Ord. No. 17821-10- execution of an interlocal agreement with Tarrant County, Arlington, Bedford, 2007 Euless, Forest Hill, Grapevine, Haltom City, Hurst and North Richland Hills; Tarrant County, and authorize the City of Fort Worth to serve as the cognizant fiscal agency. Arlington, Bedford, Euless, Forest Hill, Mayor Moncrief opened the public hearing and asked if there was anyone Grapevine, Haltom present desiring to be heard. City, Hurst and North Richland Ms. Sasha Kane, Planner, Police Department, appeared before Council, gave a Hills staff report and called attention to Mayor and Council Communication No. C- 22434, as follows: There was presented Mayor and Council Communication No. C-22434 from the City Manager recommending that the City Council conduct a public hearing to allow public comment to fulfill grant application requirements; authorize the City Manager to apply for and accept, if awarded, the FY 2007 Byrne Justice Assistance Grant in the amount of$767,418.00, plus future accrued interest of approximately $20,000.00; authorize the City Manager to execute an interlocal agreement to have the City of Fort Worth serve as the cognizant fiscal agency on this grant for Tarrant County, Arlington, Bedford, Euless, Forest Hill, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 24 of 36 Grapevine, Haltom City, Hurst and North Richland Hills; authorize the use of the anticipated interest in the estimated amount of $20,000.00; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$787,418.00, subject to receipt of the Fiscal Year 2007 Byrne Justice Assistance Grant, for the purpose of entering into an interlocal agreement with Tarrant County, Arlington, Bedford, Euless, Forest Hill, Grapevine, Haltom City, Hurst and North Richland Hills for the City of Fort Worth to serve as the cognizant fiscal agency to apply for and disperse funds. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. C-22434 be approved and Appropriation Ordinance No. 17821-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Jordan left his place at the dais and Council Member Espino returned to his place at the dais.) AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on September 18, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-018 There was presented Zoning Docket No. ZC-07-018 and Site Plan No. SP-07- SP-07-054 054, application of Charles E. Cook and G. Edward Cook for a change in Approved zoning of property located at 4633 Dexter Avenue and 4624 Camp Bowie Boulevard from "C" Medium Density Multifamily Residential to "PD/SU" Planned Development/Specific Use for office, photo or art studio and parking. Signage will be limited to the east side of the building and no longer than 12 square feet. Lighting to be directed away from the single family district. Hours of operation are from 8:00 a.m. to 8:00 p.m., and with site plan required. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-018 and Site Plan No. SP-07-054, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 25 of 36 ZC-07-074 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17822-10- Docket No. ZC-07-074, Text Amendment for Non-Conforming Lot of Record. 2007 Mayor Moncrief opened the public hearing and asked if there was anyone Text Amendment 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 Mayor Pro tem Hicks, that the zoning hearing be closed, Zoning Docket No. ZC-07-074 be approved and the following ordinance be adopted: ORDINANCE NO. 17822-10-2007 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, TO AMEND SECTION 7.106, "NONCONFORMING LOT OF RECORD" OF CHAPTER 7, "NONCONFORMITIES", TO ALLOW CONSTRUCTION OF DETACHED ONE-FAMILY DWELLINGS AND ASSOCIATED ACCESSORY STRUCTURES ON CERTAIN NON- CONFORMING LOTS, TO ALLOW A DETACHED ONE-FAMILY DWELLING ON A NONCONFORMING LOT TO BE REBUILT TO THE ORIGINAL FOOTPRINT, AND TO PROHIBIT CONSTRUCTION ON OTHER NON-CONFORMING LOTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. ZC-07-088 It appeared that the City Council set today as the date for a hearing for Zoning Text Amendment- Docket No. ZC-07-088, Text Amendment for Secondary Dwelling Units. Denied Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Jordan returned to his place on the dais.) Council Member Davis explained why she would make a motion for denial with prejudice of the text amendment. She stated that a lot of concern was raised about unintended consequences of the text amendment and the potential CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 26 of 36 that it might bring to neighborhoods. She added that the neighborhoods who had expressed a desire to move in this direction in the district she represented, were both historically overlayed neighborhoods. She pointed out that given with what had been done recently in the changes to the Elizabeth Boulevard overlay, the City had determined that it could accomplish the same kind of protection through the historic overlay guidelines. She assured that she and her successor would work with the Fairmount and Mistletoe Heights neighborhoods to accommodate their desires that would have been accomplished through this text amendment. The following individuals appeared before Council in opposition to the text amendment and stated that adoption of the ordinance would be very disruptive to their neighborhoods. They requested the item be denied with prejudice. Eunice Givens, Ms. Eunice Givens 5500 Stafford Drive Laura Meeks Ms. Laura Meeks 5640 Conlin Drive City Attorney Yett advised that there was no application to deny a text amendment with or without prejudice and that a motion to deny the text amendment would be appropriate. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the zoning hearing be closed and Zoning Docket No. ZC- 07-088 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-091 There was presented Zoning Docket No. ZC-07-091 and Site Plan No. SP-07- SP-07-052 052, application of Davematt, L.L.C., for a change in zoning of property Approved located at 2755 West Cantey Street, 2804, 2806, 2808 and 2810 Lubbock Avenue and 2823 Parmer Avenue from "C" Medium Density Multifamily Residential to "PD/MU-l" Planned Development for "MU-1" Low Intensity Mixed Use with residential uses only, and with site plan required. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-091 and Site Plan No. SP-07-052, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-103 There was presented Zoning Docket No. ZC-07-103 and Site Plan No. SP-07- SP-07-030 030, application of Millennium Recycling for a change in zoning of property Approved located at 3700 through 3750 North Main Street and 3701, 3705, 3707, 3711 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 27 of 36 and 3717 North Commerce Street from "K" Heavy Industrial to "PD/K" Planned Development for "K" Heavy Industrial, plus metal recycling, and with site plan required. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change and at the request of Council Member Espino. He provided the history on the property and stated that this zoning application had been a culmination of 14 to 15 months of work between himself, the applicant and City staff He pointed out that the property was previously used as a metal recycling facility for many years and was zoned as a heavy industrial business use. He advised of the applicant's work with City staff to redesign the traffic flow in and out of the facility and enhance landscaping. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-103 and Site Plan No. SP-07-030, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-117 There was presented Zoning Docket No. ZC-07-117 and Site Plan No. SP-07- SP-07-035 - 035, application of Joseph McElroy, et al., for a change in zoning of property Continued Until located at 5750 West Vickery Boulevard from "F" General Commercial to November 6, 2007 "PD/E" Planned Development for "E" Neighborhood Commercial, and to limit retail sales for off-premises alcohol consumption to a maximum of 5,500 square feet of the western portion of the proposed structure, and to erect a screening fence along the northern boundary of the development. The following uses are excluded: Probation Office; Golf Driving Range; Outdoor Amusement; Bowling Alley; Bar, Tavern, Cocktail Lounge, Private Club; Commercial or Business Clubs; Drive In Restaurant or Business; Indoor Recreation (pool, etc.); Massage Parlor; Hotel, Motel or Inn; Recreational Vehicle Park; Boat Rental or Sales, Convenience Store; Feed Store; Firewood Sales; Furniture Upholstery Refinishing or Sales; Gunsmith Repairs and Sales; Large Retail Store; Laundry, Dry Cleaning; Mortuary or Funeral Home; Newspaper Distribution Center; Pawn Shop; Saddle or Harness Repair or Sales; Tattoo Parlor; Automotive Repair, Paint and Body Shop; Car Wash; Gasoline Sales; Service Station; Recycling Collection Facility; Satellite Antenna; Storage or Display; Trailer, portable, sales, construction/storage; Vendor, door to door; Vendor, Food, non potential hazardous; Vendor, Transient, non potential hazardous; Vehicle, motorcycles, boats/trailer rental/sales, and with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 28 of 36 H. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing the applicant, appeared before Council in support of the zoning change. He provided a summary of the zoning case and advised that two neighborhood meetings had been held with the affected neighborhoods to address their concerns. He added that multiple uses had been excluded and that a revised site plan had been submitted to construct a masonry wall between the residential property and this development. Tommie Henton Ms. Tommie J. Henton, 5017 Wilmington Drive, appeared before Council in support of the zoning change. She stated that the applicant had worked with the neighborhood and complied with all their requests with the exception of alcohol sales. The following individuals appeared before Council in opposition of the zoning change especially alcohol sales within 200 feet of a church: Cynthia Lawson Ms. Cynthia D. Lawson 6720 Trail Cliff Way Robert Newsome Mr. Robert E. Newsome 5816 Goodman Avenue Roy LaVerne Ms. Roy LaVerne Brooks 5001 Wilmington Drive Brooks Ms. Joyce Grant 5210 Libbey Avenue Joyce Grant Mr. Hopkins provided rebuttal to the opposition and stated that the issue was relative to land use. He added that the property was rezoned to "F" General Commercial many years ago and pointed out that representatives from the Bethel Temple Church did not attend either neighborhood meeting. He reiterated that a lot of permitted uses had been excluded on this rezoning request and that the case had been approved by the City Zoning Commission. Council Member Scarth stated that if the zoning request was approved, a lot of uses would be excluded; however, with the current zoning a bar with on- premise consumption could be built on the property. Council Member Burdette stated that he had not received any opposition from residents who would be living on the other side of the masonry wall adjacent to this property. He stated that he would like to delay action on this rezoning until he had an opportunity to meet with the concerned parties. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-117 and Site Plan No. SP-07-035, be continued until the November 6, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 29 of 36 ZC-07-140 There was presented Zoning Docket No. ZC-07-140 and Site Plan No. SP-07- SP-07-047 047, application of Golden Triangle 9 Properties, Ltd., for a change in zoning of Approved property located at 6521 Old Denton Road from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus hotel. Maximum height of pole sign not to exceed 44 feet and with site plan required. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-140 and Site Plan No. SP-07-047, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-147 There was presented Zoning Docket No. ZC-07-147, application of VGA Denied Without Leasing, L.P., for a change in zoning of property located south of Mistletoe Prejudice Boulevard, east of Leslie Street, north of Morphy and west of the Southwestern RR from "I" Light Industrial and "J" Medium Industrial to "MU-2" High Intensity Mixed Use. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, advised that a letter had been received from the applicant requesting the application be withdrawn without prejudice. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-147, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-148 There was presented Zoning Docket No. ZC-07-148 and Site Plan No. SP-07- SP-07-049 049, application of Maria Liliana Alfaro for a change in zoning of property Approved located at 3450 and 3500 Angle Avenue from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for a horse stable, boarding and competition riding arena, and with site plan required. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-148 and Site Plan No. SP-07-049, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-07-050 There was presented Site Plan No. SP-07-050, application of Sovran Approved Acquisition, L.P., for a site plan of property located at 6050 Granbury Road to amend "PD-257" Planned Development for mini warehouse to add additional square footage to a proposed building. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Site Plan No. SP-07-050, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 30 of 36 ZC-07-151 There was presented Zoning Docket No. ZC-07-151, application of Geral Approved Martinez for a change in zoning of property located at 8851 South Normandale Street from "E" Neighborhood Commercial to "R2" Townhouse/Cluster Residential. Council Member Burdette made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-07-151, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-155 There was presented Zoning Docket No. ZC-07-155, application of Crockett Continued Until Realty, L.P., for a change in zoning of property located at 303 and 307 Crump October 9, 2007 Street from "J" Medium Industrial and 'THSE" Medium Industrial/Highly Significant Endangered to "H" Central Business and "H/HSE" Central Business/Highly Significant Endangered. Phillip Poole Mr. Phillip Poole, 2918 Wingate, representing the applicant, appeared before Council in support of the rezoning. He explained the purpose of the rezoning and stated that in meeting with the Morning Chapel CME, the applicant had learned a lot about the neighborhood. He added that the historic Knights of Pythias Building would be used as a residential development with no commercial or office space within the building. He also advised that the Chapel had a great concern about parking and how the applicant and the Chapel could work together to address that issue. He stated that everyone involved in this rezoning wanted to work with the City to make sure that as much parking as possible was provided around the building. Council Member Davis requested representatives from Downtown Fort Worth, Inc., members of the church, Mr. Poole and representatives from Transportation/Public Works meet with her this week to develop a solution before the next Council meeting. Manuel Henderson Reverend Manuel Henderson, 903 E. 3rd Street, appeared before Council in support of the zoning change. He agreed with Mr. Poole's comments and advised the Council that the building contained asbestos that needed to be abated. He requested that the removal of the asbestos not be conducted on Wednesday so as not to interfere with chapel services. Wendell Cass Mr. Wendell Cass, 2137 Ridgeview, appeared before Council in support of the zoning change. He requested that meetings held between the City, applicant and affected neighborhoods be conducted with no hidden agendas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 31 of 36 Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-155, be continued until the October 9, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-156 There was presented Zoning Docket No. ZC-07-156, application of Texas Approved Christian University for a change in zoning of property located at 3061, 3064 and 3066 Wabash Avenue from "C" Medium Density Multifamily Residential to "PD-497" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use District except: 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; Automotive repair; paint and body shop; 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 or marble works, finishing or carving only; Monument works, stone; Paper box manufacture; Rubber stamp manufacture; Sheet metal shop; Warehouse or bulk storage; Welding shop, custom work (not structural), and with waiver of site plan recommended. (Council Member Moss left his place at the dais.) Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-156, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ZC-07-159 There was presented Zoning Docket No. ZC-07-159, application of the City of Approved Fort Worth for a change in zoning of property located at 1402 and 1404 Lee Street from `B" Two Family Residential to "A-5" One Family Residential. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-159, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ZC-07-161 There was presented Zoning Docket No. ZC-07-161, application of the City of Approved Fort Worth (Worth Heights Neighborhood) for a change in zoning of property located on Berry Street to the north, I-35W to the east, Seminary Drive to the south and Hemphill Street to the west from `B" Two Family Residential, "ER" Neighborhood Commercial Restricted and "E" Neighborhood Commercial to "A-5" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 32 of 36 Ignacio Zamora Mr. Ignacio Zamora, 3729 Stuart Drive, appeared before Council in support of the rezoning. He expressed appreciation to Council Member Davis for her efforts on the rezoning. Council Member Davis made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-161, be approved with appreciation to Jesse Torres in the Planning and Development Department, and the Worth Heights Neighborhood Association. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ZC-07-162 There was presented Zoning Docket No. ZC-07-162, application of the City of Approved Fort Worth (Brentwood-Oak Hills Neighborhood) for a change in zoning of property located north of Meadowbrook, south of IH-30, east of Oakhill Street and west of Loop 820 from "A-5" One Family Residential and `B" Two Family Residential to "A-5", "A-21" and "A-43" One Family Residential. (Council Member Moss returned to his place at the dais.) Rita Vinson Ms. Rita M. Vinson, 6216 Dovenshire Terrace, appeared before Council in support of the rezoning. She summarized the history of the rezoning and explained that one three-acre lot had a preliminary plat and demolition permit approved last week to begin demolition of the current house on the property to subdivide the property into 18 small lots. She added that this was adjacent to three or four other large lots of two to four acres in an established neighborhood. She added that this rezoning was to prevent this situation from occurring anywhere else in the area. Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-162, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-163 There was presented Zoning Docket No. ZC-07-163, application of the City of Approved Fort Worth(Hillcrest Neighborhood) for a change in zoning of property located at 4304 Bryce Avenue and 1813 through 2021 Tremont Avenue from "B" Two Family Residential to "A-5" One Family Residential. Council Member Burdette made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-163, be approved with appreciation to Christina Patoski. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 33 of 36 AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-137 There was presented Zoning Docket No. ZC-07-137, application of J. Trinidad Denied Oropeza Jimenez for a change in zoning of property located at 3401 Belknap Street from "E" Neighborhood Commercial to "F" General Commercial. Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-137, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-150 There was presented Zoning Docket No. ZC-07-150, application of Rene Lopez Denied for a change in zoning of property located at 4500 Hemphill from "E" Neighborhood Commercial to "FR" General Commercial Restricted (Council Member Espino left his place at the dais.) Vicki Bargas Ms. Vicki Bargas, 301 E. Drew, appeared before Council in support of the denial. She stated that when she spoke with Mr. Lopez about his mobile vendor business he replied that another vendor was located almost next door to him and asked that City staff look into this issue. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-150, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-07-152 There was presented Zoning Docket No. ZC-07-152, application of G.T. Denied Graham Investments, L.L.C., for a change in zoning of property located at 1324, 1326, 1328 and 1330 Madeline Place and 3858 Camp Bowie Boulevard from "C" Medium Density Multifamily Residential to "E" Neighborhood Commercial. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-152, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-07-158 There was presented Zoning Docket No. ZC-07-158, application of N. Lucille Denied Gilkey for a change in zoning of property located at 810 and 812 Kentucky Avenue and 821 East Terrell Avenue from "A-5" One Family Residential and "A-5/HC" One Family Residential/Historic and Cultural Overlay to "MU-1" Low Intensity Mixed Use and "MU-1/HC" Low Intensity Mixed Use/Historic and Cultural Overlay. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 34 of 36 (Council Member Espino returned to his place at the dais.) Lucille Gilkey Ms. Lucille Gilkey, 821 Terrell, applicant for the rezoning, appeared before Council in opposition of the denial. She summarized the history of the property and its historical significance and stated that she wanted to reopen the building as a funeral home. She added that the funeral home would provide jobs, economic development and a needed service to the community. The following individuals appeared before Council in support of the denial. They stated that a funeral home would have a negative impact on the revitalization of the neighborhood and pointed out locations of five other funeral homes within a two mile radius of this property. Wendel Cass, Reverend Wendel Cass 2137 Ridgeview Mary Ellen Ms. Mary Ellen Blakemore 1306 Illinois Avenue Blakemore, Mr. Cleveland Harris 1037 Colvin Street Cleveland Harris Debra Armstrong Ms. Debra Armstrong, 3500 Avenue N, appeared before Council in opposition of the denial. She stated that she recalled the benefit the previous funeral home was to the community and requested the Council approve the rezoning. Mayor Pro tem Hicks stated that she had received a number of communications expressing opposition to the rezoning. She added that the building was adjacent to residential property and that a funeral home would not be an appropriate use for the property. She stated that she would be happy to assist Ms. Gilkey identify another location for her business. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-158, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-165 There was presented Zoning Docket No. ZC-07-165 and Site Plan No. SP-07- SP-07-053 053, application of Metropolitan Foods for a change in zoning of property Denied With located at 1048 East Seminary Drive from "E" Neighborhood Commercial to Prejudice "PD/D" Planned Development for "D" High Density Multifamily Residential, and with site plan required. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-165 and Site Plan No. SP-07-053, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE 35 of 36 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17823-10-2007 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 XVI Mr. Pat Taylor, 2901 Sappington Place, Unit D, was recognized as desiring to Citizen appear before Council relative to lax, selective and discriminatory code Presentations enforcement in the 2900 block of Sappington Place; however, it was noted that Pat Taylor Mr. Taylor had withdrawn his presentation through an e-mail with City staff Patrick Murphy Mr. Patrick Murphy, (lived in the woods on the eastside of Fort Worth), appeared before Council relative to a car jacking at the intersection of Beach and Lancaster in which a mother and grandmother were forcibly and violently removed from the vehicle and the vehicle was driven off with an infant inside. He also advised that last week he observed a person who did not think that malt liquor should not have to be paid for at a convenience store. He added that the person sat across the street at a bus stop when the Police responded to the matter and relieved him of the remainder of the contents and then sent him on his way down the street. He pointed out that when a sergeant showed up and decided to run a check on the person it was discovered that the person had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 2,2007 PAGE 36 of 36 several outstanding warrants against him including murder. He added that yesterday he spent the entire day helping an individual and his daughter move out of the City View Apartments and moved them down the street to a complex that looked better only to find that the person's son had been assaulted by several individuals in retaliation for the father calling the Police when they assaulted his then minor daughter about a year and a half ago. He further stated that nothing was being done on that part of town to control crime and it was getting to the point where citizens were going to take action into their own hands. Mayor Pro tem Hicks expressed appreciation to Mr. Murphy for bringing this matter to the Council for their attention and advised him that in less than 12 hours, Mayor Moncrief, Council Member Espino and herself would be traveling to three other cities to look at best practices to deal with issues the City faced along East Lancaster. She added that the Council had informally approved a Police Storefront along East Lancaster and that the City was looking for a site and would have that storefront up and running by the beginning of 2008. She further stated five new Neighborhood Policing Officers were going to be added to the area and that a community meeting was planned to advise citizens of all the changes occurring and receive recommendations from the public on the location of the Police Storefront. She informed him that he would be informed of the community meeting and asked him to meet with Assistant City Manager Joe Paniagua and her to discuss this issue. Agenda Item XVIII There being no further business,the meeting was adjourned at 10:38 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 9th day of October, 2007. Attest: Approved: Marty Hendrix Michael J. ncri f City Secretary Mayor