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HomeMy WebLinkAbout2006/01/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 7:13 p.m. on Tuesday, January 10, 2006, 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 Dr. D. L. Moody, Pleasantview Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief provided opening remarks regarding items on the agenda that the public was very interested in and could be sensitive. He announced that for those individuals that were present to address the Trinity Parkway Master Thoroughfare Plan issue as part of the Charter Amendment Public Hearing process, that issue was going to be put off for further evaluation and study by the Council. He added that the Council unanimously reached this conclusion in the Pre-Council Worksession after extensive discussion about some of the concerns that had been raised. At the same time, he stressed he wanted it made very clear that the Council nor City Staff had done nothing to violate state statute requirements for public input into this process. He further stated that the Council felt that Trinity Park was something they all took ownership of and that they were going to be more sensitive to what kind of plans they look at in terms of the Master Thoroughfare Plan and how it affects City parks directly or indirectly. He added there would be other opportunities to address the Council relative to this matter. He also advised that the City's electronic visual aids were experiencing problems and that there would be no zoning slides; however, that did not stop the Council from conducting business on zoning issues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 2 of 41 Agenda Item IV On motion of Mayor Pro tem Silcox, seconded by Council Member Wheatfall, Approval of the minutes of the regular meeting of December 20, 2005, and minutes of the Minutes City Council bus tour of Districts 8 and 9 of Monday, December 19, 2005, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for North Side High School Special 2005 Steers Boys' Cross Country Team Championship Day to Garth Presentations Briggeman, Coach of the North Side High School Cross Country Team. Coach Briggeman introduced Armando Saldivar, Ramiro Garcia, and Oscar Armijo, members of the North Side High School Cross Country Team. Council Member Espino presented each of them with a"Molly" pin. Mayor Pro tem Silcox presented a Proclamation for U.S. Coast Guard Academy Day, to Mr. William Broderick, Head of School for Fort Worth Academy. Jack Ginnings, Student Body President, Fort Worth Academy. Mayor Pro tem Silcox recognized Scoutmaster Bill Summers and members of Boy Scout Troop 720. He stated that the boy scouts were attending the meeting to achieve their Citizens in the Community Badge and presented each member with a"Molly" pin. Agenda Item VI Mayor Moncrief announced that he had placed a bracelet at each Council Announcements Member's positions on the dais that he had purchased from the Police Officers' Association. He stated that the funds raised from the sale of the bracelets would be provided to the family of Police Officer Henry "Hank" Nava. He added that the bracelets were $5.00 each and encouraged each Council Member to purchase bracelets for themselves or other individuals. Council Member Burdette announced that today at 3:00 p.m., a Fort Worth Star-Telegram article advised of telephone service in the Ridgmar area, including 911, being rendered inoperable after a Police Officer lost control of his patrol car during a pursuit and hit a telephone junction box. He stated that service would be restored in a day or two and that the Police Department had set up a command post at Green Oaks and the West Freeway for anyone who may need assistance. Council Member Wheatfall announced that the Dr. Martin Luther King, Jr. 21" Annual Holiday Celebration, Quest for Equality, would be conducted on January 13, 2006, at 12:00 Noon in the Council Chamber. He added that Reverend Frederick Douglas Haynes, III, Senior Pastor of the Friendship West Baptist Church in Dallas, would be the keynote speaker, and that there would CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 3 of 41 be the second unveiling of the "To Form a More Perfect Union" commemorative stamp honoring the Civil Rights Movement. He further stated that there would also be a special performance by the Daggett Middle School Choir and State of Mind Jazz Band, and that the celebration would be simulcast on KHVN/Heaven 97 Radio. Council Member Hicks announced that there would be several celebrations honoring Dr. King throughout the City on Saturday, Sunday and Monday. She advised that Dr. King represented not only the rights of African Americans, but also the rights for all Americans. Council Member Hicks also expressed well wishes to Ms. Phyllis Allen for a speedy recovery from a recent accident. Council Member Davis announced that the Fort Worth Stock Show and Rodeo started on January 13, 2006, and ended on February 5, 2006. She encouraged everyone to get out and enjoy the festivities during this time. Mayor Moncrief reminded everyone to wear western attire each Friday during the time the Stock Show was in progress. He also encouraged Fort Worth employers to allow their employees to join the City in this tradition. Council Member Espino announced that the Best of Mexico Celebration and Vaquero Sculpture Reception would be held in conjunction with the start of the Stock Show on January 13, 2006, from 5:00 p.m. to 7:00 p.m. at the Cowboy Hall of Fame Museum in the Stockyards. He stated that Mr. Jerry Diaz, Mexican Charro; Judge Manuel Valdez, Justice of the Peace Precinct 5 and Chairman of the Vaquero Sculpture Committee; Mr. Doug Harmon, Fort Worth Convention and Visitors Bureau; and Mr. Carlos Garcia de Alba, Consul General for Mexico, would be honored guests. He added that the Vaquero Sculpture public art was to be located on North Main and Central. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 4 of 41 Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1531 M&C OCS-1531 - 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-15055 M&C G-15055 — Approving the settlement of $300,000.00 for unpaid local Settlement of hotel occupancy taxes owed by Puson Gentar, LLC, accrued by Fort Worth Lawsuit—City of Plaza Hotel (formerly Ramada Plaza) in the lawsuit entitled "City of Fort Fort Worth v. Worth v. Puson Gentar, LLC, et al.", Cause No. 236-207779-04; and Puson Gentar, authorizing the City's tax attorney, Stephen T. Meeks of Linebarger, Goggan, LLC, et al., Cause Blair, & Sampson, LLP, to agree to a settlement reflecting the terms of this No. 236-207779-04 settlement and authorize the appropriate City personnel to execute any releases and agreements necessary to complete the settlement. G-15056 M&C G-15056 — Authorizing the City Manager to retain Terry Morgan of the Res. No. 3304-01- law firm Goins, Underkofler, Crawford & Langdon, LLP, as outside counsel, 2006 pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Employ Outside Attorney in various matters concerning the development of a roadway impact Counsel to Assist fee policy and rules and rates for a Fort Worth storm water program; and in Fort Worth adopting Resolution No. 3304-01-2006 fixing in advance, as far as practicable, Storm Water the amount to be paid to Terry Morgan, in an amount not to exceed $50,000.00. Program G-15057 M&C G-15057 — Recommending that the City Council approve the request of Temporary Street Innovation Event Management, LP, to temporarily close the following streets Closure for Gran for the Gran Fiesta de Fort Worth Festival beginning Thursday, July 27, 2006, Fiesta de Fort until Monday, July 31, 2006: Worth 2006 Thursday, July 27, 7:00 a.m. through Monday, July 31, 1:00 a.m. • Main Street from 3rd Street to 9th Street; and • 9th Street from Houston Street to Commerce Street. Friday, July 28, 6:00 p.m. through Monday, July 31, 1:00 a.m. • 3rd Street through 9th Streets from Houston Street to Commerce Street (cross streets will re-open at Midnight — Access to Hotels will be maintained. Festival will accommodate Ashton Hotel and Del Frisco's Valet parking service). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 5 of 41 G-15058 M&C G-15058 —Recommending that the City Council: Ord. No. 16749- 01-2006 1. Authorize the City Manager to submit the following grant applications Grant to the North Central Texas Council of Governments (NCTCOG) for the Applications to purpose of funding projects in the following amounts: North Central Texas Council of Environmental Management Department Amount Governments for a) "Household Hazardous Waste Disposal" $170,000.00 Environmental b) "Cowtown Community Cleanup" $ 32,455.00 Projects c) "Regional Outreach for Recycling" $135,000.00 d) "Television Recycling Program" $200,000.00 Code Compliance Department Amount a) "Real Time Illegal Dumping Surveillance $ 48,000.00 System" 2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded; 3. Authorize the use of $10,217.00, $27,885.00 and $15,653.00 respectively, from the Solid Waste, Environmental Management and General Fund as matching in-kind funds for these grants; and 4. Adopt Appropriation Ordinance No. 16749-01-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $639,210.00, subject to receipt of the grant from the North Central Texas Council of Governments, for the purpose of funding Household Hazardous Waste Disposal, Cowtown Community Cleanup, Regional Outreach for Recycling, and Television Recycling Program, for the Environmental Management Department; and real time illegal dumping surveillance system, for the Code Compliance Department. G-15059 M&C G-15059 — Adopting the Capital Improvement Plan Advisory Semi-Annual Committee's Semi-Annual Progress report concerning the status of the water Impact Fees and wastewater impact fees. Progress Report of Water and Wastewater Capital Improvements Plan CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 6 of 41 P-10293 M&C P-10293 — Approving the purchase of two Cues Nite Lite Cameras from Cues Nite Lite Cues, Inc., under a Houston Area Galveston Council contract for the Water Cameras Department based on the total cost not to exceed $34,000.00 with payment due 30 days after receipt of the invoice. L-14156 M&C L-14156 — Authorizing the City Manager to execute the General Convey Property Warranty Deed conveying the property described as an 8.986 acre tract of land in CentrePort in the Vincent J. Hutton Survey, A-681, and a 1.8 acre tract of land in the James Area and J. Goodman Survey, Abstract No. 583, both of the City of Fort Worth, Tarrant Avigation County, Texas, to CentrePort Venture, Inc.; and authorizing the acceptance, Easement filing and recording by the City of one permanent avigation easement, and release from CentrePort Venture, Inc., covering the same property in favor of the Cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport Board. L-14157 M&C L-14157 — Authorizing the amendment in the Sales Agreement to Amend Sales increase the purchase price to current appraised value for the purchase of one Agreement to vacant lot described as Lot 14, Block 5, Worth Hills Addition, located at 3412 Acquire Vacant Chestnut Avenue, from J.R. Hewitt, Jr., et al., as required by law, in Lot at 3412 conjunction with the Fort Worth Meacham International Airport Noise Chestnut Avenue Mitigation Program (DOE 3932); finding that the price offered in the total amount of $10,190.00 is just compensation for the acquisition of the property, plus an estimated real estate tax pro-rated amount not to exceed $300.00 for a total cost of $10,490.00; and authorizing the acceptance and recording of appropriate instruments. C-21229 M&C C-21229 — Entering into an interlocal contract with the Texas Texas Department Department of State Health Services who is the administrating agency for the of State Health U. S. Centers for Disease Control and Prevention sponsored Chemical Services Emergency Project. C-21230 M&C C-21230 — Authorizing the City Manager to enter into a Conceptual Lorna Jordan Design Contract with Lorna Jordan Studio to develop specific public art/design Studio enhancement proposals for four locations identified in the Southwest Parkway (SH-121) Corridor Master Plan, in an amount not to exceed $63,000.00 from 2004 Capital Improvement Program Public Art funds. C-21231 M&C C-21231 — Authorizing the City Manager to enter into a Conceptual Norie Sato Design Contract with Norie Sato to develop specific, integral public art/design enhancement proposals for the seven locations of water passages across the SH- 121 corridor, as well as bridge monument enhancements identified in the Southwest Parkway (SH-121) Corridor Master Plan, in an amount not to exceed $18,100.00 from 2004 Capital Improvement Program Public Art funds. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 7 of 41 C-21232 M&C C-21232 — Authorizing the City Manager to enter into a consent Sundance Square agreement for signs with Sundance Square Partners, L.P., authorizing use of the Partners, L.P. right-of-way for installation of a blade sign on the north side of the building and into the 100 block of West Fourth Street. C-21233 M&C C-21233 — Authorizing the City Manager to enter into an Encroachment First States Agreement with First States Investors 5000A, LLC, a Delaware limited liability Investors 5000A, company, for use of the right-of-way to replace existing pneumatic tubes in LLC Yeager Street. C-21234 M&C C-21234 — Authorizing the City Manager to execute an engineering Freese and agreement with Freese and Nichols, Inc., in the amount of$189,000.00 for the Nichols, Inc. Central Arlington Heights Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00080). C-21235 M&C C-21235 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 to City Secretary Contract No. 31980 with TranSystems Consultant to CSC No. 31980 Corporation for inspection services for Cleveland-Gibbs Road (bridge only) in — TranSystems the amount of$8,000.00 to provide for additional engineering services, thereby Consultant increasing the total contract amount to $29,840.00. Corporation C-21236 M&C C-21236 — Authorizing the City Manager to execute an engineering Lockwood, agreement with Lockwood, Andrews & Newnam, Inc., in the amount of Andrews & $231,800.00 for the East Central Business District Storm Drain Watershed Newnam, Inc. Planning Study, Phase 2 (City Project No. 00083). C-21237 M&C C-21237 — Authorizing the City Manager to execute an engineering Carter & Burgess, agreement with Carter & Burgess, Inc., in the amount of $107,500.00 for the Inc. Eastern Hills Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00081). C-21238 M&C C-21238 — Authorizing the City Manager to execute an engineering Turner, Collie & agreement with Turner, Collie & Braden, Inc., in the amount of$215,500.00 for Braden, Inc. the Forest Park-Berry Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00079). C-21239 M&C C-21239 — Authorizing the City Manager to execute an engineering Halff Associates, agreement with Halff Associates, Inc., in the amount of $286,640.00 for the Inc. Henderson Street Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00078). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 8 of 41 C-21240 M&C C-21240 —Recommending that the City Council: Ord. No. 16750- 01-2006 1. Authorize the transfer of $8,264.50 from the Water and Sewer Amendment No. 3 Operating Fund to the Water Capital Project Fund; to CSC No. 29018 —A.N.A. 2. Adopt Appropriation Ordinance No. 16750-01-2006 increasing Consultants, estimated receipts and appropriations in the Water Capital Project Fund L.L.C. in the amount of $8,264.50 from available funds for the purpose of funding Amendment No. 3 to City Secretary Contract No. 29018 (M&C C-19700, August 12, 2003), with A.N.A. Consultants, L.L.C., for Water and Sanitary Sewer Main Replacement Contract 2002 STM-O, to provide additional design and survey services the scope of the work includes South Hills Avenue from University Drive to Trail Lake Drive, (water/sewer) West Spurgeon Street from Hemphill Street to College Avenue, (water/sewer) Townsend Drive West from Spurgeon Street to Yates Street (water) and Westcreek Drive from Wayside Drive to Edgecliff Road (water/sewer); and 3. Authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 29018 with A.N.A. Consultants, L.L.C., in the amount of$16,529.00 to provide additional design and survey services, thereby increasing the contract amount to $211,325.00. The scope of work includes South Hills Avenue from University Drive to Trail Lake Drive, (water/sewer) West Spurgeon Street from Hemphill Street to College Avenue, (water/sewer) Townsend Drive West from Spurgeon Street to Yates Street (water) and Westcreek Drive from Wayside Drive to Edgecliff Road (water/sewer). Subsequent amendments, if necessary, will be processed administratively, up to a $25,000.00 total. C-21241 M&C C-21241 —Recommending that the City Council: Ord. No. 16751- 01-2006 1. Authorize the transfer of $102,706.86 from the Water and Sewer Freese & Nichols, Operating Fund to the Water Capital Project Fund in the amount of Inc. $84,532.00 and the Sewer Capital Project Fund in the amount of $18,174.86; 2. Adopt Appropriation Ordinance No. 16751-01-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $84,532.00 and the Sewer Capital Project Fund in the amount of $18,174.86 from available funds for the purpose of funding an engineering agreement with Freese & Nichols, Inc., for pavement CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 9 of 41 reconstruction and water and sanitary sewer main replacement on Avenue H (South Ayers Avenue to Miller Avenue), Avenue A (Nashville Avenue to Thrall Street), Newark Avenue (Avenue C to East Rosedale Street), Avenue I (South Collard Street to Bishop Street), Court Street (North Dead End to East Vickery Boulevard), Parkdale Avenue (Koch Street to Vickery Boulevard) and Avenue G (South Beach Street to Binkley Street); and 3. Authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount of $235,151.00 for pavement reconstruction and water and sanitary sewer main replacement on Avenue H (South Ayers Avenue to Miller Avenue), Avenue A (Nashville Avenue to Thrall Street), Newark Avenue (Avenue C to East Rosedale Street), Avenue I (South Collard Street to Bishop Street), Court Street (North Dead End to East Vickery Boulevard), Parkdale Avenue (Koch Street to Vickery Boulevard) and Avenue G (South Beach Street to Binkley Street) (City Project No. 00275). C-21242 M&C C-21242 —Recommending that the City Council: Ord. No. 16752- 01-2006 1. Authorize the transfer of $80,535.50 from the Water and Sewer A.N.A. Operating Fund to the Water Capital Projects Fund; Consultants, L.L.C. 2. Adopt Appropriation Ordinance No. 16752-01-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $80,535.50 from available funds for the purpose of funding an engineering agreement with A.N.A. Consultants, L.L.C., for water main replacement on Bomar Avenue (Beach Street to Harwood Street), Bomar Avenue (Harwood Street to Barron Street), Carter Avenue (Beach Street to Harwood Street), Carter Avenue (Harwood Street to Sanborn Street), Harwood Street (Scott Avenue to Meadowbrook Drive), Harwood Street (Meadowbrook Drive to Purington Avenue) and Wilkinson Avenue (Beach Street to Harwood Street); and 3. Authorize the City Manager to execute an engineering agreement with A.N.A. Consultants, L.L.C., in the amount of$184,016.00 for pavement reconstruction and water main replacement on Bomar Avenue (Beach Street to Harwood Street), Bomar Avenue (Harwood Street to Barron Street), Carter Avenue (Beach Street to Harwood Street), Carter Avenue (Harwood Street to Sanborn Street), Harwood Street (Scott Avenue to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 10 of 41 Meadowbrook Drive), Harwood Street (Meadowbrook Drive to Purington Avenue) and Wilkinson Avenue (Beach Street to Harwood Street) (City Project No. 00300). C-21243 M&C C-21243 —Recommending that the City Council: Ord. No. 16753- 01-2006 1. Authorize the transfer of $115,452.56 from the Water and Sewer RJN Group, Inc. Operating Fund to the Water Capital Project Fund in the amount of $49,871.83 and Sewer Capital Project Fund in the amount of $65,580.73; 2. Adopt Appropriation Ordinance No. 16753-01-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $49,871.83 and the Sewer Capital Project Fund in the amount of $65,580.73 from available funds for the purpose of funding an engineering agreement with RJN Group, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Hatcher Street (Quails Lane to Hardeman Street), Chickasaw Avenue (Shackleford Street to Miller Avenue), Jennifer Court (Eastland Street to Eastland Street), Lois Street(Sydney Street to East Dead End), Norris Street (Crouch Avenue to East Dead End), Sydney Street (East Berry Street to Reed Street) and Whitehall Street (Miller Avenue to Pate Drive); and 3. Authorize the City Manager to execute an engineering agreement with RJN Group, Inc., in the amount of $221,908.05 for pavement reconstruction and water and sanitary sewer main replacement on Hatcher Street (Quails Lane to Hardeman Street), Chickasaw Avenue (Shackleford Street to Miller Avenue), Jennifer Court (Eastland Street to Eastland Street), Lois Street(Sydney Street to East Dead End), Norris Street (Crouch Avenue to East Dead End), Sydney Street (East Berry Street to Reed Street) and Whitehall Street (Miller Avenue to Pate Drive) (City Project No. 00272). C-21244 M&C C-21244 —Recommending that the City Council: Ord. No. 16754- 01-2006 1. Authorize the transfer of $72,316.36 from the Water and Sewer Dannenbaum Operating Fund to the Water Capital Project Fund in the amount of Engineering $48,802.00 and the Sewer Capital Project Fund in the amount of Corporation $23,514.36; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 11 of 41 2. Adopt Appropriation Ordinance No. 16754-01-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$48,802.00 and the Sewer Capital Projects Fund in the amount of $23,514.36 from available funds for the purpose of funding an engineering agreement with Dannenbaum Engineering Corporation for water and sanitary sewer main replacement on South Adams Street (West Biddison Street to West Dickson Street), West Felix Street (6th Avenue to James Avenue), South Jennings Avenue (West Bewick Street to West Biddison Street), Townsend Drive (West Dickson Street to West Waggoman Street), West Shaw Street (South Henderson Street to 5th Avenue) and West Devitt Street (Hemphill Street to College Avenue); and 3. Authorize the City Manager to execute an engineering agreement with Dannenbaum Engineering Corporation, in the amount of $186,368.00 for pavement reconstruction and water and sanitary sewer replacement on South Adams Street (West Biddison Street to West Dickson Street), West Felix Street (6th Avenue to James Avenue), South Jennings Avenue (West Bewick Street to West Biddison Street), Townsend Drive (West Dickson Street to West Waggoman Street), West Shaw Street (South Henderson Street to 5th Avenue) and West Devitt Street (Hemphill Street to College Avenue) (City Project No. 00273). C-21245 M&C C-21245 — Authorizing the City Manager to execute a Memorandum United States Agreement and Cost Reimbursement Agreement with the United States Federal Federal Bureau of Bureau of Investigation to assist in official investigations and to receive Investigation reimbursement for overtime expenses for participation in the Safe Streets Violent Crime/Major Offenders Task Force; and authorizing the Agreement to begin when authorized agents of all parties have signed the Agreement, and continue until terminated by either party with 30-days notice, subject to the availability of funding. C-21246 M&C C-21246 — Recommending that the City Council authorize the City Res. No. 3305-01- Manager to: 2006 Ord. No. 16755- 1. Accept a grant from the Texas Department of Transportation in the 01-2006 amount of$1,180,000.00 to install a culvert and reconstruct a portion of Texas Department Wildcat Way North and improve eastside taxiways at Fort Worth Spinks of Transportation Airport; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 12 of 41 2. Adopt Resolution No. 3305-01-2006 certifying that $258,000.00 in City funds will be available for the match of the total project costs ($83,000.00 at a ten percent match and $175,000.00 at a 50 percent match); 3. Authorize the transfer of funds in the amount of $83,000.00 from the Aviation Improvements Capital Projects Fund to the Airport Grants Fund for the ten percent match; 4. Authorize the transfer of funds in the amount of $175,000.00 from the Critical Capital Projects Fund to the Airport Grants Fund for the 50 percent match; and 5. Adopt Appropriation Ordinance No. 16755-01-2006 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of$1,180,000.00 subject to receipt of the grant from the Texas Department of Transportation for the purpose of funding a culvert and reconstructing a portion of Wildcat Way North and improve eastside taxiways at Fort Worth Spinks Airport. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Haskin, Presentations by that Ms. Marlene Miranda be appointed to the Youth Advisory Council City Council effective January 10, 2006. The motion carried unanimously nine (9) ayes to Appointments zero (0) nays. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mr. Brud Pickett be reappointed to Place 3 on the City Plan Commission effective January 10, 2006, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin expressed appreciation to Mr. Ray Ferrell for his service on the Golf Advisory Committee and made a motion, seconded by Council Member Wheatfall, that Ms. Wendy Wilson be appointed to Place 4 on the Golf Advisory Committee effective January 10, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 13 of 41 Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mr. Robert William Beardsley be appointed to Place 6 on the Building Standards Commission effective January 10, 2006, and with a term expiring October 30, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There was presented a resolution endorsing the naming of a new school in the Endorse Naming Eagle-Mountain-Saginaw School District for Gordon R. England. New School in Eagle Mountain- Mayor Moncrief stated that, as previously discussed in the Pre-Council Saginaw School Worksession, the Council was very aware of Mr. England's contributions. District for However, the Council was not comfortable getting involved in the process with Gordon R. the naming of schools in any school district. He added that the City had not England—No been contacted by the school district with this request and until that happened, Action Taken By the Council would stay out of the discussion. Council Council Member Jordan made a motion, seconded by Council Member Davis, that no formal action would be taken by the Council on this item. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV It appeared that the City Council set today as the date for a public hearing Public Hearing for concerning the proposed amendments to the City of Fort Worth Charter. Mayor Proposed Moncrief opened the public hearing and asked if there was anyone present Amendments to desiring to be heard. City of Fort Worth Charter Acting Assistant City Manager Richard Zavala presented a briefing on the Charter Review Committee's recommendations for amendments to the City Charter. He stated that the amendments being considered included five policy charges related to: 1. Council Compensation 2. Length of Council terms 3. Staggering of Council Terms 4. Term Limits 5. Number of Required Meetings He continued by stating that the Charter Review Committee recommended that: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 14 of 41 1. A salary of $25,000.00 be established annually for Council Members and $29,000.00 for the Mayor. A minority opinion was issued by four members of the committee and the opinion recommended $32,000.00 to $36,000.00 for the Council Members and $5,000.00 more for the Mayor. 2. The number of meetings be adjusted to not less than 44 meetings per year and not fewer than two meetings per month. 3. No changes with respect to length of Council terms, staggering terms, or term limits. He added that as discussed in the Pre-Council Worksession, the next public hearing would be January 19, 2006, followed by the last public hearing on January 24, 2006, where the Council would also call for a Charter election to be held on May 13, 2006. Assistant City Attorney Cynthia Garcia stated that the committee recommended eight technical amendments as follows: 1. Election Date: Amend sections in Charter conform with State law. 2. Residents who can run for Council: Clarify that a candidate for Mayor or City Council must have continuously lived in the Fort Worth City Council district for the 180 days before the election. 3. Holdover Provision: Amend section to provide that a Council Member shall holdover until a successor is duly qualified. 4. Collection of School Taxes: Delete since the City no longer collects school taxes. 5. Taxation Rate: Amend to conform to section Chapter XXVII, Section 22, to avoid confusion. 6. Selling City-Owned Property: Amend to increase the value to $125,000.00 and increase the number of voter's signatures required for an election to 5,000. 7. Publication of Franchise Easements: Delete requirement that the City has to publish the entire ordinance and only require publication of a summary. 8. Timing of Swearing In Newly Elected Council Members: Amend the section to provide that the swearing in will occur at the next City Council meeting after canvassing results. Mayor Moncrief stated that for edification, the technical amendments basically either put the City in compliance with state or federal law and whether they were approved or not, the City would still comply with those requirements. He CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 15 of 41 added that just because some of the technical amendments reflected the word "tax", it did not mean that the City was going to impose another tax on Fort Worth residents. Mayor Pro tem Silcox inquired if the third technical amendment contained the exact wording that would be on the ballot. Ms. Garcia responded that staff was working on the exact wording for the propositions and that the proposed language was expected to be provided to the Council in their agenda packets for next week's meeting. Mayor Moncrief stated that Council had an extensive discussion in the Pre- Council Worksession on the issue of Trinity Parkway and whether the issue should be placed on the Charter Amendment election to require voter approval before a portion of a city-owned park could be converted to a public right-of- way. He added that there was no interest expressed on this issue being placed on the City Charter ballot; however, there was interest in taking another look at the Trinity Parkway proposal for the amended Master Thoroughfare Plan and the Council intended to do so. He further stated that Council had not been advised by the legal staff that this was the appropriate thing to do as far as including this issue in a proposal to change the City Charter. He added that additional meetings on Trinity Parkway would be conducted and there would be opportunities for the public to attend those meetings and express their concerns. He advised that the Council knew the value of Trinity Park was and the sensitivity of the issue. He asked Council Member Davis to share her comments made in the Pre-Council Worksession. Council Member Davis began by expressing appreciation to everyone who had communicated with the Council their concerns for the City and in particular about Trinity Park. She stated that the alignment of the Master Thoroughfare Plan (MTP) was just that, an alignment on an MTP. She added two very important issues were called to the Council's attention as a result of that particular alignment: the first, there were grave concerns about that specific alignment, and the Council heard those concerns. She further stated that the Mayor indicated that there was a process that complied with rules and regulations in terms of notice and coming up with that alignment on the MTP; however, that did not excuse the fact that many citizens were not part of that process and wanted to be part of the process and wanted their voices heard. She added that as a result of that, Council asked staff to go back with a clean slate in terms of re-examining alignment of that roadway. She stated that she had heard a number of concerns, rumors, conspiracies about the roadway and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 16 of 41 what is represented. She emphasized that road was not an extension of the Southwest Parkway. She expressed her concerns about roads and residential communities and added she worked very hard to make sure the Southwest Parkway was a contributor, not something negative, to the community. She stated that no one on the Council or City staff would ever be part of a conspiracy to secretly extend the Southwest Parkway by placing an alignment on an MTP in one of the City's parks; she reiterated that this was not an extension of the Southwest Parkway. She pointed out this alignment had been on the MTP since 1990 and was placed there at the request of people who were concerned that there needed to be a connection between the downtown area and Cultural District/Will Rogers area. It was a valid concern in terms of making sure the City preserved good mobility from Downtown to that part of the community. She added that alignment was previously right in the middle of where the South of 7th Townhome development was built and when that developer came forward with plans to build the development, a request was made to move the alignment. She pointed out that a number of alternatives were examined and this was the alternative that was proposed and this was the alternative after a consulting analysis and input from stakeholders, obviously not all stakeholders. It again simply serves as an extension between Downtown and the Cultural District area. A traffic impact study was done that demonstrated a need. She added that the discussion would be reopened to hear from the community and to plan together on where the best alternate alignment would be for that road system. Council Member Davis stated that secondly, she wanted to clarify the general issue of how do alignments wind up on MTPs. She added that there were City rules and regulations which required particular notices for MTP inclusion and clearly those rules and regulations did not capture the attention of all the people they needed to capture on an issue that was very important. The Council was unanimous in its belief that this needed to be fixed; that a much better notice provision system for inclusion or changes to the City's MTP needed to be created so that the community's voices were not left out of the process on issues like this in the future, and that was the Council's intention. The following individuals appeared before Council and requested an amendment be added to the Charter Amendment Election for the protection of parkland and distributed handout information to the Council: Jeffrey Jacoby, Mr. Jeffrey Jacoby 5920 La Vista Drive Apt 4, Dallas, TX Kathy O'Brien, Ms. Kathy O'Brien 2100 Fairmount Jackie Liles, Ms. Jackie Liles 716 Northwood Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 17 of 41 Lon Burnam, Representative Lon Burnam 2103 6th Avenue Rob Campos, Mr. Rob Campos 1405 Elizabeth Boulevard Linda Hanratty, Ms. Linda Hanratty 4236 Oak Part Court Pat Cheong, President, League of Women Voters Doyle Fine 11, Ms. Pat Cheong 3212 Collinsworth Avenue Glenn Ford, Mr. Doyle Fine II 5580 Red Cardinal Lane Carol Thompson, Mr. Glenn Ford 8208 Longfellow Lane Ramsey Sprague, Ms. Carol Thompson 1922 Windsor Place Tag Green, Mr. Ramsey Sprague 1407'/2 Hurley Street Jeff Ferrell, Mr. T.A. "Tag" Green 3232 Spring Crest Court Byron de Sousa, Dr. Jeff Ferrell 3905 Collinwood Avenue Claudia Blalock, Dr. Bryon de Sousa 7733 Blossom Drive Clyde Picht, Ms. Claudia Blalock 2905 Benbrook Boulevard James Taylor, Mr. Clyde Picht 5016 Monarda Way Peggy Mitchell, Mr. James Michael Taylor 1712 Eagle Drive Stuart Isgur, Ms. Peggy Mitchell 1712 Eagle Drive Doug Black, Mr. Stuart Isgur 2025 Huntington Lane Turner Black, Mr. Doug Black 1801 5th Avenue Charles Dreyfus Ms. Turner Black 1801 5th Avenue Mr. Charles Dreyfus 2416 Park Place Mayor Moncrief recognized the following individuals who were present and did not wish to speak: Dana Barrett, Ms. Dana Barrett 1714 S. Henderson Street Barbara Taylor, Ms. Barbara Taylor 1612 Robinwood Drive Lisa Stokdyk, Ms. Lisa Stokdyk 7840 Skylake Drive Diane Lancaster Ms. Diane Lancaster 5838 Westhaven Drive Denise Cardenas, Ms. Denise Cardenas 2516 Daisy Lane B.C. Cornish, Ms. B. C. Cornish, Esq. 2525 Daisy Lane Suzanne Mabe, Ms. Suzanne Mabe 2004 6th Avenue Beth Stibling, Ms. Beth Stribling 1916 Fairmount Avenue Mary Goodman, Ms. Mary Goodman 7912 Rockdale Road Lawrence Mr. Lawrence V. Goodman 7912 Rockdale Road Goodman Norman Bermes Mr. Norman P. Bermes, 316 Paloverde Lane, representing Citizens for a Responsible Government, appeared before Council in support of the Charter Amendment Election. He stated they supported a Council salary of up to $36,000.00 per year, but were displeased an amendment would not be included relative to term limits. He added that some of the technical amendments were covered under state law and should not be part of the Charter. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 18 of 41 Louis McBee Mr. Louis McBee, 5513 Aspen Lane, representing the East Fort Worth Business Association, appeared before Council in support of the Charter Amendment Election and submitted a letter of their stance. He stated that the association supported an annual Council salary of$25,000.00 to $29,000.00 for the entire Council, that the two-year terms be maintained, but that the amendment on term limits needed to be on the ballot. He added that they did not support the technical amendment relative to the holdover provision as it had not been shown that it was in conflict with state law. He added his support of the League of Women Voters recommendations for a Charter amendment for parkland. Wanda Conlin Ms. Wanda Conlin, 1755 Martel, appeared before Council in support of the proposed Charter amendments. She commended the Charter Committee for their efforts and stated that she would like the term limit amendment added to the election. She requested clarification if the eight technical amendments would be grouped together on the ballot. She also suggested that the Charter Amendment Advisory Committee Chair, Robert Herchert, be the spokesperson at the upcoming public meetings on the Charter election, particularly when compensation for the Council was discussed. Mayor Moncrief advised Ms. Conlin that all Charter amendments had to be voted separately. Council Member Wheatfall advised of visiting Trinity Park and walking on the levee and reaching the realization of how much parkland would be affected by the roadway alignment. He provided information on his childhood park experience and stated that he was convinced that this issue should be a Charter amendment. Council Member Hicks reiterated comments made in the Pre-Council Worksession about starting over on the alignment of Trinity Parkway and emphasized that the City had not funding for the roadway. Council Member Haskin explained that she did not support a Charter amendment for this issue. She added that the Council had not voted to build the road through Trinity Park so a mistake had not been made. She emphasized the need to address the Master Thoroughfare Plan policy for changes and pointed out that there were 40 parks that were underdeveloped in the City. Council Member Jordan stated that the approximate cost of an election was $265,000.00 and he felt that money could be better spent on park improvements and equipment. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 19 of 41 There was no formal action taken by the Council on this item. Recessed/ Mayor Moncrief recessed the meeting at 9:10 p.m. and reconvened at 9:18 p.m. Reconvened Public Hearing for It appeared that the City Council set today as the date for a public hearing on Proposed Storm implementing a proposed storm water utility rate. Mayor Moncrief opened the Water Utility Rate public hearing and asked if there was anyone present desiring to be heard. Mr. Robert Goode, Transportation/Public Works Department Director, appeared before Council and gave a staff report. Karin Cagle Ms. Karin Cagle, 2618 5th Avenue, appeared before Council in opposition to the proposed Storm Water Utility Rate. She pointed out the Trinity River project and asked the Council to explain the reason the City could get federal money and come up with local funding for that project that was projected to cost approximately $500M and would probably cost three times that much. She stated that protected the City from a 500-year flood and could probably be fixed for approximately $9M. She added how could this be done when Fort Worth citizens now had to be taxed to prevent actual flooding that posed an eminent danger to life and property. She requested the Council clarify this for her. Judith Crowder Ms. Judith Crowder, 2112 College, appeared before Council in opposition of the proposed fee. She referred to previous comments made by Mayor Pro tem Silcox on the flooding problems and the need to address them and the high cost of doing so. She asked if the fee was to address problems throughout the City that affected all citizens and then would there still be money for the Trinity River Vision project. She added that she was for addressing the storm water problem; however, she questioned the priority use of City funds. Council Members Burdette and Davis and Mayor Moncrief addressed the concerns of the speakers. They spoke about the importance of addressing the flooding and storm water runoff issues; the need to spread the costs throughout the entire City; the lack of City funds necessary to address this problem; and the difference between the Trinity River Vision project and the other flooding experienced in the City. Council Member Wheatfall expressed his concern for this additional fee particularly how it would affect the working class and poor in the City. He requested the City staff provide a report showing all of the fees placed on an average citizen, i.e., water, garbage, and sewer. He pointed out the increased CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 20 of 41 costs in the heating of homes and electrical service. He asked that the property taxes also be reflected in the report. He stated that this report would provide for a clearer picture of the burden on the average household. There was no formal action taken by the Council on this item. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15052 It appeared that the City Council, at its meeting of December 20, 2005, Public Hearing continued the public hearing to adopt the proposed amendment to the Master Amend Master Thoroughfare Plan, MT-05-008, to realign Chapin Road between Yoakum Thoroughfare Street and a point at an unnamed minor arterial located approximately two Plan, MT-05-008 miles west. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15052, as follows: There was presented Mayor and Council Communication No. G-15052, dated December 20, 2005, from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT- 05-008, to realign Chapin Road between Yoakum Street and a point at an unnamed minor arterial located approximately two miles west. The general location of this amendment is north of IH-30, west of Chapel Creek, south of Old Weatherford and east of an unnamed minor arterial located approximately two miles west. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15052 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15054 It appeared that the City Council, at its meeting of December 20, 2005, Continued for continued the public hearing to adopt the proposed amendment to the Master Two Weeks Thoroughfare Plan, MT-05-010, to revise alignments of North Tarrant Parkway and Harmon Road in north Fort Worth in the area bordered by IH-35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 21 of 41 Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15054, as follows: There was presented Mayor and Council Communication No. G-15054, dated December 20, 2005, from the City Manager recommending that the City Council adopt the proposed Master Thoroughfare Plan (MTP), MT-05-010, to revise alignments of North Tarrant Parkway and Harmon Road in north Fort Worth in the area bordered by IH-35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south and to add a north/south major arterial from Bailey Boswell to Basswood Boulevard. This MTP amendment also includes the addition of a new north/south major arterial that will connect Bailey Boswell to Basswood Boulevard. Mr. Rauscher requested a two week continuance in order to continue to work with the property owners on the proposed alignment. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15054 be continued for two weeks. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15060 There was presented Mayor and Council Communication No. G-15060 from Ord. No. 16756- the City Manager recommending that the City Council authorize the City 01-2006 Manager to accept a donation in the amount of $6,000.00 from Lockheed Accept Donation Martin Aeronautics Company for the Environmental Management for Environmental Department's education program; and adopt an appropriation ordinance Management increasing estimated receipts and appropriations in the Environmental Department's Management Fund in the amount of $6,000.00 from available funds, for the Education purpose of funding the Environmental Management Department's education Program program. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15060 be approved and Appropriation Ordinance No. 16756-01-2006 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10294 There was presented Mayor and Council Communication No. P-10294 from the Change Order City Manager recommending that the City Council authorize the City Manager Nos. 1 and 2 to to execute Change Order Numbers 1 and 2 to City Secretary Contract No. CSC No. 31945— 31945 with Motorola, Inc., for the purchase and installation of Mobile Data Mobile Data Computers for the Code Compliance Department at an estimated cost of Computers $377,230.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 22 of 41 Council Member Wheatfall made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. P-10294 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10295 There was presented Mayor and Council Communication No. P-10295 from the Motorcycles City Manager recommending that the City Council: 1. Authorize a lease agreement not to exceed $150,000.00 with Fort Worth Harley Davidson for 36 motorcycles for the following models: Type of Motorcycle Cost Time Period Harley Davidson FLHPI $2,990.00 annually each Harley Davidson FLHPI $3,885.00 annually each with Anti-Lock Brakes 2. Authorize this agreement to begin January 1, 2006, and expire December 31, 2006, with options to renew for four additional one-year periods by mutual agreement. Mayor Pro tem Silcox asked staff how Police Officers having their own personal leases under the current program would be transitioned to the new lease agreement. Lieutenant Gary Gray, representing the Police Department, responded that the Police Department had arranged for the motorcycle officers to be allowed under the current agreement to keep their privately owned motorcycles until the time they chose to sell their motorcycles or the private leases expire, or until the five-year life of the motorcycle was reached. Once that was achieved, these Police Officers would be moved into the lease program. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. P-10295 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14158 There was presented Mayor and Council Communication No. L-14158 from the Sale of City- City Manager recommending that the City Council authorize the City Manager Owned Property to execute a contract agreement to sell property located at 1500 North Main Located at 1500 Street (Mercado Building) to 11211 Katy Freeway, L.P., in accordance with North Main Street Chapter 272 of the Texas Local Government Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 23 of 41 Jose Legaspi Mr. Jose Legaspi, 4200 South Freeway, representing 11211 Katy Freeway, L.P., appeared before Council in support of the property sale. Council Member Espino summarized the history of this property and stressed the importance of the Mercado area. He acknowledged the efforts of Council Member Davis and former Council Members Louis Zapata and Jim Lane on the Mercado project. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in support of the property sale. He advised Council that this issue caught his eye when he read in the Fort Worth Star-Telegram that the Mercado would be discussed tonight; however, he looked at the meeting agenda on the website and saw no mention of the Mercado. He recommended the agenda captions be written to provide a clear understanding of what was being considered by the Council. He stated that he supported the project when he was on the Council, but had reservations. He expressed concern for selling it for $.50 on the dollar and that this was not a good public policy. He pointed out that the first Mercado project was very expensive but it was under utilized and the million-dollar walkway in the area had not been walked on by too many people yet. He added that he was disappointed to find out that there was no collateralization for this project by the developer and there should have been. He suggested to the Council that they consider future development projects that would be beneficial to the City and not those that would lose money. Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. L-14158 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21174 There was presented Mayor and Council Communication No. C-21174, dated The Enclave on November 29, 2005, from the City Manager recommending that the City Golden Triangle Council authorize the City Manager to execute a Community Facilities Investors, L.P., by Agreement with The Enclave on Golden Triangle Investors, L.P., by Enclave Enclave on Golden on Golden Triangle GenPar II, L.P., a Texas limited partnership, its general Triangle GenPar partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability H, L.P., a Texas company, its general partner, for the installation of offsite water services to Limited serve The Enclave on Golden Triangle, a future development, located in far Partnership, its north Fort Worth. General Partner, by Enclave on (Council Member Espino stepped away from the dais.) Golden Triangle GenPar, LLC, a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 24 of 41 Texas Limited Council Member Haskin made a motion, seconded by Council Member Davis, Liability that Mayor and Council Communication No. C-21174 be approved. The Company, its motion carried eight (8) ayes to zero (0) nays, with Council Member Espino General Partner absent. C-21247 There was presented Mayor and Council Communication No. C-21247 from the Ord. No. 16757- City Manager recommending that the City Council: 01-2006 Stabile & Winn, 1. Authorize the transfer of $610,350.00 from the Water and Sewer Inc. Operating Fund to the Water Capital Project Fund in the amount of $266,972.00 and Sewer Capital Project Fund in the amount of $343,378.00; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $266,972.00 and the Sewer Capital Project Fund in the amount of $343,378.00 from available funds for the purpose of funding a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement on Donalee Street from Reed Street to Highway 287 (MLK Freeway) and Killian Street to Highway 287; and 3. Authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,343,156.58 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Donalee Street from Reed Street to Highway 287 (MLK Freeway) and Killian Street to Highway 287 (2004 CIP Project No. 00022). (Council Member Espino returned to his chair at the dais.) Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21247 be approved and Appropriation Ordinance No. 16757-01-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21248 There was presented Mayor and Council Communication No. C-21248 from the Ord. No. 16758- City Manager recommending that the City Council: 01-2006 McClendon 1. Authorize the transfer of $808,677.00 from the Water and Sewer Construction, Inc. Operating Fund to the Water Capital Project Fund in the amount of $408,647.00 and the Sewer Capital Project Fund in the amount of $400,030.00; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 25 of 41 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $408,647.00 and the Sewer Capital Project Fund in the amount of $400,030.00 from available funds for the purpose of funding a contract with McClendon Construction, Inc., for pavement reconstruction and water and sanitary sewer replacement on Griggs Avenue to Panola Street to South Dead End, Martha Lane from Montclair Street to Queen Street, San Jose Drive from Meadowbrook Drive to Jewell Avenue, View Street from Barron Street to 280 feet west of Tandy Drive, Marion Avenue from South Jones Street to South Freeway Frontage Road and East Roberts Street from South Jones Street to South Freeway Frontage Road (2004 CIP Project No. 00025); and 3. Authorize the City Manager to execute a contract with McClendon Construction, Inc., in the amount of $1,541,501.84 for pavement reconstruction and water and sanitary sewer replacement on Griggs Avenue to Panola Street to South Dead End, Martha Lane from Montclair Street to Queen Street, San Jose Drive from Meadowbrook Drive to Jewell Avenue, View Street from Barron Street to 280 feet west of Tandy Drive, Marion Avenue from South Jones Street to South Freeway Frontage Road and East Roberts Street from South Jones Street to South Freeway Frontage Road (2004 CIP Project No. 00025). Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21248 be approved and Appropriation Ordinance No. 16758-01-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21249 There was presented Mayor and Council Communication No. C-21249 from the Ord. No. 16759- City Manager recommending that the City Council: 01-2006 Ord. No. 16760- 1. Adopt an appropriation ordinance increasing estimated receipts and 01-2006 appropriations in the Water Capital Project Fund (impact fee Freese & Nichols, collection account) in the amount of $2,884,732.44 from impact fees, Inc. for the purpose of funding a transfer to the Water Capital Project Fund (construction account) for an engineering agreement with Freese & Nichols, Inc., for the construction management of the Eagle Mountain Water Treatment Plant, Raw Water Pump Station, Raw Water Intake and Raw Water Transmission Main; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 26 of 41 2. Authorize the transfer of$2,884,732.44 from the Water Capital Project Fund (impact fee collection account) to Water Capital Project Fund (construction account); 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund (construction account) in the amount of$2,884,734.44 from available funds, for the purpose of funding an engineering agreement with Freese & Nichols, Inc., for the construction management of the Eagle Mountain Water Treatment Plant, Raw Water Pump Station, Raw Water Intake and Raw Water Transmission Main; and 4. Authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount of $2,884,732.44 for the Construction Management of the Eagle Mountain Water Treatment Plant, Raw Water Pump Station, Raw Water Intake and Raw Water Transmission Main. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21249 be approved and Appropriation Ordinance Nos. 16759-01-2006 and 16760-01-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21250 There was presented Mayor and Council Communication No. C-21250 from the Ord. No. 16761- City Manager recommending that the City Council: 01-2006 Ord. No. 16762- 1. Adopt an appropriation ordinance increasing estimated receipts and 01-2006 appropriations in the Capital Projects Reserve Fund in the amount of Third Amendment $56,019.00 from available funds for the purpose of funding a transfer to CSC No. 30187 to the Specially Funded Capital Projects Fund to execute an —Freese & amendment to City Secretary Contract No. 30187 (M&C C-20145, Nichols, Inc. July 6, 2004), with Freese & Nichols, Inc., for additional design services related to Pump Room No. 2, kiosk and signage and miscellaneous renovations; 2. Authorize the transfer of$56,019.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$56,019.00 from available funds for the purpose of funding CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 27 of 41 an amendment to City Secretary Contract No. 30187 (M&C C-20145, July 6, 2004), with Freese & Nichols, Inc., for additional services related to Pump Room No. 2, kiosk and signage and miscellaneous renovations; and 4. Authorize the City Manager to execute an amendment to City Secretary Contract No. 30187 with Freese & Nichols, Inc., not to exceed $56,019.00 for additional design services related to Pump Room No. 2, kiosk and signage and miscellaneous renovations. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21250 be approved and Appropriation Ordinance Nos. 16761-01-2006 and 16762-01-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-187 It appeared that the City Council, at its meeting of December 13, 2005, SP-05-050 continued the hearing of the application of Francisca Rivas for a change in Approved zoning of property located at 2521 Azle Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "F- R" General Commercial Restricted, with second phase to be in place within six months of certificate of occupancy, and with site plan required, Zoning Docket No. ZC-05-187 and Site Plan No. SP-05-050. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Francisca Rivas, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-187 and Site Plan No. SP-05-050 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Regular Zoning It appeared to the City Council that Resolution No. 3301-12-2005 was adopted Hearing on December 20, 2005, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on December 22, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 28 of 41 ZC-05-203 Council Member Haskin stated that this case was delayed to allow the applicant Continued Until time to speak with the Keller Independent School District (KISD). She added February 14, 2006 that this zoning was not a great use as there were so many Multi-Family units in the area and she did not support this type of development. She further stated that she sent an e-mail to the district asking if they wanted this development, but had not received a reply. She added that the land was zoned "G" Intensive Commercial and that was what the school district wanted in the area. Mr. Kirk R. Williams, 5400 Renaissance Tower, 1201 Elm Street, Dallas, Texas, representing the applicant, appeared before Council in support of the zoning change. Mr. Williams stated that City staff had favorably recommended approval of the zoning and stated that it complied with the Comprehensive Plan. He added that the Zoning Commission also approved the zoning change. He further stated that he did have a letter from the KISD opposing any conversion of non-residential property to residential resulting from a D.R. Horton development that had about 700 lots approved on the west side of IH35W without their knowledge. He added they routinely sent the letter in opposition. He added that he met with Jeff Baker with KISD and addressed the issues and he was told there would be no one from the school district that would oppose this development. He requested that the Council favorably consider the zoning change. Council Member Haskin stated that the KISD was adamantly opposed to any denser residential because of how it impacted their school district and they desperately needed the tax dollars for the commercial. She added that unfortunately because of the holidays, the board was unable to convene and give the City an opinion. She further stated that she sent a letter to the board requesting an opinion, as it was difficult for the City to uphold what the KISD wanted without a clear opinion. Council Member Jordan stated that this dealt with a huge area of commercial along a freeway that was being converted from commercial to residential. He expressed concern that this was changing the character of the land planning. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Emerging Properties for a change in zoning of property located in the 6700 block of Fossil Bluff Drive from "G" Intensive Commercial to "R-2" Townhouse/Cluster Residential, Zoning Docket No. ZC-05-203, be continued until February 14, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 29 of 41 ZC-05-212 It appeared that the City Council, at its meeting of December 13, 2005, Approved continued the hearing of the application of Earl Burleson and Don Doherty for a change in zoning of property located at 5145 (5151) Mansfield Highway from "I" Light Industrial to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-05-212. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Wheatfall asked staff if there was an associated site plan with the case, and asked if the zoning case was tied to the site plan reflected in the zoning book. Mr. Bob Riley, Development Department Director, stated that the request was for straight zoning and that site plans were not typically required for straight zoning. There being no one present desiring to be heard in connection with the application of Earl Burleson and Don Doherty, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-212 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-213 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of Harish D. Dand for a change in zoning of property located at 7950 Calmont Avenue, the 2700 block of Shenandoah Road and the 2600 block of Cherry Lane from "E" Neighborhood Commercial to "A-5" One- Family Residential, Zoning Docket No. ZC-05-213, be continued until February 14, 2006 to allow the applicant an opportunity to meet with the neighborhood. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-216 It appeared that the City Council, at its meeting of December 13, 2005, SP-05-048 continued the hearing of the application of Marcer Investments for a change in Denied With zoning of property located at 3507, 3509, 3511, 3513, 3517, and 3521 Prejudice Mansfield Highway from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus billiards, and with site plan required, Zoning Docket No. ZC-05-216 and Site Plan No. SP-05-048. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Raul Estrada Mr. Raul Estrada, 325 E. Jefferson, Dallas, Texas, the applicant, appeared before Council in support of the zoning change. He summarized the development as a Hispanic Restaurant and Sports Bar and advised Council that CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 30 of 41 he had similar locations in Dallas and Arlington. He added that he had letters of recommendation from both the Arlington and Dallas Police Departments. He stated that the current zoning allowed alcohol sales, but not billiard tables. He further stated there had been several meetings with the neighborhood and he had tried to address all their concerns; however, the neighborhood and the church in the area fundamentally opposed the sale of alcohol. He respectively asked for the Council's support to approve the zoning change. Genaro Lopez Mr. Genaro Lopez, 622 Brooks Avenue, Dallas, Texas, representing the applicant, appeared before Council in support of the zoning change. He expressed appreciation to Council Member Hicks as she had made every effort to bring the community and applicants together as a group to resolve the concerns of both parties. He added that everything possible has been done to address the concerns of the community and requested Council's favorable consideration. The following individuals appeared before Council in opposition of the zoning change: John Kennedy, Mr. John Kennedy 3515 Mansfield Highway Glenda Bullard, Ms. Glenda Bullard 4809 Gailwood Court, Arlington, TX Robert Findley, Mr. Robert Findley 5224 Shackleford John Milligan, Mr. John Milligan 5304 Shackleford Odis Darnell, Mr. Odis Darnell 1416 Oak Grove Road Edward Briscoe, Mr. L. Edward Briscoe, Jr. 2240 Briardale Road Mayor Moncrief recognized the several individuals in the audience that did not wish to speak but who were also in opposition of the zoning change: Council Member Hicks expressed appreciation for those in attendance and for the efforts to try to work out a compromise. She spoke about the bad zoning at the area and the large concentration of alcohol sales. There being no one else present desiring to be heard in connection with the application of Marcer Investments, Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-216 and Site Plan No. SP-05-048 be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 31 of 41 ZC-05-218 It appeared that the City Council, at its meeting of December 13, 2005, SP-05-049 continued the hearing of the application of Realty Capital Riverside, LTD, for a Approved change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus car wash, with hours limited from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-05-218 and Site Plan No. SP-05-049. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Charles Rogers Mr. Charles W. Rogers, 5404 Northcrest Road, representing the applicant, appeared before Council in support of the zoning change. He stated that in response to neighborhood objections stated during the zoning commission meeting and in some meetings with individuals at one of the homeowners' associations, they agreed to make some modifications to the plans to make it more compatible and acceptable to the homeowners' association. He added that the hours of operation would be limited from 7:00 a.m. to 9:00 p.m., seven days a week, and their willingness to place gates on the property where the access into the property during non-operating hours would be limited. He further stated that the car wash would be staffed at all times as originally planned and a sound screening fence would be installed on the north property line. He added that landscaping exceeded City requirements by more than 100 percent. Mr. Rogers stated that it was important to note that the City staff report stated that the land use compatibility request for change was compatible and that it was consistent with the Comprehensive Plan. Jimmy Archie Mr. Jimmy Archie, 99 Main Street, Suite 200, Colleyville, Texas, representing Realty Capital Corporation, current owner of the land, appeared before Council in support of the zoning change. The following individuals appeared before Council in opposition to the zoning change: Maureen Ms. Maureen O'Connell 2954 Woodland Hills Drive, Grapevine, TX O'Connell, Ms. Charity Drabik 6752 Taddeus Drive Charity Drabik (Represented Stoneglen Homeowners' Association; Summerfields Neighborhood Association; and Family First Federal Credit Union) Mayor Moncrief recognized the following individuals who were also opposed to the zoning change and did not wish to address the Council: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 32 of 41 Ms. Irene Toliver 3466 Fossil Park Driveq Mr. William Toliver 3466 Fossil Park Drive Mr. Charles Toliver 6869 Permian Lane Council Member Haskin stated this case was delayed to allow the applicant an opportunity to meet with the different neighborhoods and convince them that this business would be good for community. She added that this did not happen and she received three letters from three different neighborhood associations and had an additional five letters in opposition. She further stated that she had not heard anyone in the neighborhood in support of the car wash and added that she understood their concerns. Council Member Haskin made a motion, seconded by Council Member Jordan that the application of Realty Capital Riverside, LTD, for a change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus car wash, with hours limited from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-05-218 and Site Plan No. SP-05-049 be denied. Council Member Espino stated that he had also received e-mails and letters from neighborhood associations and that he was very sympathetic to their concerns; however, he did not think this was an ordinary car wash. He added that the Rogers' family had taken extraordinary measures to try to limit the impact to the neighborhood. He further stated that he would support the City Zoning Commission's recommendation to approve the zoning change. Council Member Jordan expressed concern that the City was establishing neighborhood friendly commercial zoning and then stretching it and all of a sudden, they had stretched it to the next lot and the next lot. He stated that to him, that was just an evolution of bad zoning and changing the City's Comprehensive Plan. He was opposed to that approach. He further stated that car washes were not neighborhood friendly. Council Member Burdette stated that he had some concerns with statements made on this development. He added it was commercial property on an arterial street, obviously heavily traveled. He further stated that he did not understand how close the development was to the homes on Old Denton Road to the north. He expressed his concern with the argument for denial was is that this kind of business already existed on the road or the same type of business was not being run correctly in some other location. He stated that he did not think it was fair CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 33 of 41 to the applicant to state that his car wash would have the same problems as elsewhere. He further stated that Mr. Rogers had gone quite a way to address the concerns of the community and that he was inclined to vote in favor of the City Zoning Commission's recommendation for approval. Council Member Davis stated that she had met with Mr. Rogers and although she believed this would be a quality development, that of its self did not alleviate the concerns of the community. She added that there was a reason that the zoning of"E" Neighborhood Commercial did not include car washes, as it was a more intense use. She further stated that if this were a challenged area that was really having an issue with bringing in development, she would be more sympathetic to granting a zoning change. She added that this was a well- traveled road in a thriving community and that there would be other potential commercial uses for the property and that she would support the denial. Council Member Wheatfall stated that he supported the comments by Council Member Burdette in the sense that the zoning was consistent and compatible with the area. He added that to deny the use of the land for this purpose, was to actually deny the owner the ability to create economic opportunity. He further stated he did not think it was a far stretch to include car washes and that the ills of other businesses should not be imposed on this business. He stated that he would support the City Zoning Commission's recommendation to approve the zoning change. There was further deliberation by the Council on the issue of Old Denton Road and the closing of the roadway. Council Member Haskin stated that some members of the Council had questions about the zoning change. She withdrew her original motion for denial, and made a motion, seconded by Council Member Espino, that the application of Realty Capital Riverside, LTD, for a change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus car wash, with hours limited from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-05-218 and Site Plan No. SP-05-049 be continued until February 14, 2006, to allow the applicant an opportunity to address concerns of the Council Members and neighborhood. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 34 of 41 After further deliberation, Council Member Wheatfall made a primary amendment motion, seconded by Mayor Pro tem Silcox, that the application of Realty Capital Riverside, LTD, for a change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus car wash, with hours limited from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-05-218 and Site Plan No. SP-05-049, be approved. Council Member Espino made a secondary amendment motion, seconded by Council Member Haskin, that the application of Realty Capital Riverside, LTD, for a change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus car wash, with hours limited from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-05-218 and Site Plan No. SP-05-049 be continued until February 7, 2006. The motion failed four (4) ayes to five (5) nays, with Mayor Moncrief, Mayor Pro tem Silcox, and Council Members Wheatfall, Burdette, and Hicks casting the descending votes. Mayor Moncrief returned to the primary amendment motion and called for the vote on the primary amendment to close the public hearing and approve the zoning change. The primary amendment motion to approve Zoning Docket No. ZC-05-218 and Site Plan SP-05-049, carried five (5) ayes to four (4) nays, with Council Members Espino, Haskin, Jordan, and Davis casting the descending votes. ZC-05-219A Mr. Harold Leeman, 1924 Kingsbridge Lane, Roanoke, Texas, representing Approved Texas Christian University, appeared before Council in support of the zoning change. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the application of Texas Christian University for a change in zoning of property located at 2917 and 2921 Lubbock Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "B" Two-Family Residential plus parking for TCU only, with waiver of site plan recommended, Zoning Docket No. ZC-05-219A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 35 of 41 ZC-05-270 Council Member Hicks made a motion, seconded by Council Member Davis, Approved that the application of the City of Fort Worth for a change in zoning of property located at 2501 Oakland Boulevard from "A-5" One-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-270, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-280 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Frank M. Newman, Jr., for a change in zoning of property located at 4101 Surrey Street (4100 Stadium Drive) from "F" General Commercial to "I" Light Industrial, Zoning Docket No. ZC-05-280, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-05-053 Mr. Joseph T. Reue, 3950 Fossil Creek Boulevard, Suite 210, representing the Denied applicant, appeared before Council in support of the zoning change. Council Member Davis provided background information on the original request that had approve a wooden screening fence for this site. She added that she was trying to determine why they were returning to ask for wrought iron. Mr. Reue stated that he was not present at the original zoning approval, but they had done a lot of work in the City and found that the living screen with the wrought iron fencing was easier to maintain and provided a buffer. The wrought iron fencing along University Drive would allow Police protection to see through and keep the area open for security officers to look into the site. Mr. Joe Hardin, 8328 Thorncrest Court, North Richland Hills, Texas, contractor for the project, appeared before Council in support of the zoning request. He stated that as they started working on the site they realized they needed more protection than the wooden fence would provide. He stated they have had some vandalism on the site and indicated that backhoes and tractor equipment would be behind the fence. He added that they were hoping for the 7-foot wrought iron fence as it was difficult to climb over. Council Member Davis stated that her concern was with the screening. She stated that having been involved with the case previously, that when she met with the representatives of the property owner, agreements were made in working with a compromise of allowing the zoning to go here in order to have the business to be developed. She added the screening was a very important part of this and questioned the proposed planting of the photinias and spacing of the plants and if the plants would eventually provide a complete wall of plants along the wrought iron fence. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 36 of 41 Mr. Hardin stated that the plants would grow eight to ten feet and would eventually completely block the view, which concerned him. However, they still had equipment that needed to be protected and the fence was needed to provide that security. The following individuals appeared before Council in opposition of the zoning change: Mr. Witold Migala 3125 Sondra Drive 206-F Mr. Jerry Alexander 3205 River Park Lane So. #1035 Mr. George Jacob 3121 Sondra Drive #201 Ms. Mandi Long 5000 Blue Sage Road Council Member Burdette stated that this business was put in this location under an agreement and understanding and negotiations with the homeowners' association that a solid fence would be constructed to meet their concerns. He added he did not know why the concern over theft or visibility from the owner's standpoint was not raised at that time. He further stated that his inclination was that the Council should remain with the original agreement. Council Member Burdette made a motion, seconded by Council Member Davis, that the application of Taylor Rental Company for a site plan for property located at 220 University Drive to amend "PD-458" Planned Development to change the approved wood fence with columns to wrought iron fencing, Site Plan No. SP-05-053, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-281 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of AIL Investment, L.P., for a change in zoning of property located in the 9400 block of North Freeway from "AG" Agricultural to "G" Intensive Commercial, Zoning Docket No. ZC-05-281, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-285 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Two S.R., L.P., for a change in zoning of property located west of John Day Road and north of Keller Haslet Road from "PD-493" Planned Development; "A-7.5" One-Family Residential; "AG" Agricultural and "CF" Community Facilities to "A-5" One-Family Residential (113.29 acres); "A-7.5" One-Family Residential (52.70 acres); and "I" Light Industrial (29.88 acres), Zoning Docket No. ZC-05-285, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 37 of 41 ZC-05-288 Council Member Espino made a motion, seconded by Council Member Davis, Continued Until that the application of Presidio Vista I, Ltd., for a change in zoning of property February 14, 2006 located at the northwest corner of IH-35W and North Tarrant Parkway from "A-R" One-Family Restricted Residential; "C" Medium Density Multi-Family Residential; "E" Neighborhood Commercial; "G" Intensive Commercial and "OM" Office Midrise to (Tract 1) "C" Medium Density Multi-Family Residential and (Tract II) "G" Intensive Commercial, Zoning Docket No. ZC- 05-288, be continued until February 14, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-290 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of the City of Fort Worth for a change in zoning of property located at 3128 West 7th Street from "MU-2/DD" High Intensity Mixed Use/Demolition Delay to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-05-290, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-291 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Alta Louise Tankersley for a change in zoning of property located at 11490, 11530 Willow Springs Road from "A-5" One- Family Residential to "AG" Agricultural, Zoning Docket No. ZC-05-291, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB—ZONING HEARING: CASES RECOMMENDED FOR DENIAL ZC-05-200 Council Member Wheatfall made a motion, seconded by Council Member Denied Davis, that the application of Dorcas E. Benson for a change in zoning of property located in the 8990 block of Creek Run Road from "PD-334" Planned Development for all uses in "R-1" Zero Lot Line/Cluster Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-200, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIC—ZONING HEARING: CASES SET FOR SPECIAL HEARING Special Hearing It appeared that the City Council set today as the date for a special hearing for SP-05-052 the application of Lynden Properties, Inc., for a site plan for industrial uses at Denied 306 and 308 North Beach Street, Site Plan No. SP-05-052. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 38 of 41 Ray Boothe Mr. Ray Boothe, 1223 South Main, representing the applicant, appeared before Council in support of the zoning change. He stated that the property had been used for similar purposes for approximately 20 years, such as a trucking lot, landscaping storage lot, and was currently a car repossession center. He added that the previous owner had agreed to submit a site plan and that when a City inspector went by the business to check the Certificate of Occupancy when this business moved in, the Certificate of Occupancy was only for the office portion of the business. He further stated that a citation was written and the Zoning Department had determined that a site plan needed to be submitted as previously agreed. He added that the applicant was willing to provide whatever screening or landscaping was determined by the Council. Council Member Haskin stated that this property kept getting turned into Code Compliance because of the condition of the property. She added that it was not permitted for use as a tow yard and had been a junk lot; it was not an improved surface; landscaping was provided by nature; and there were no improvements suggested. She further stated that City staff stated it was not compatible with surrounding uses because it was not an improved surface. She added that there were a lot of industrial uses at the location, but they did not have these auto- related storage or outside type uses. There being no one else present desiring to be heard in connection with the application of Lynden Properties, Inc., Council Member Haskin made a motion, seconded by Council Member Davis, that the special hearing be closed and that Site Plan No. SP-05-052 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Haskin made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 39 of 41 ORDINANCE NO. 16763-01-2006 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. Item XV Mr. Armando E. Recinos, 5512 Wedgmont Circle North, appeared before Citizen Council relative to the flood on Walton and Wedgmont Circle North. He Presentations advised the Council that the settlement offered by the Risk Management Office Armando Recinos for the damage to his home was not sufficient as it was based on depreciation of the property and asked the Council to assist him with an increase in the settlement. Mayor Moncrief stated that staff had met with Mr. Recinos to resolve this issue. He added that the Council had a responsibility to listen to the recommendation of the staff and he did not know how much further Council could go in this process. City Attorney Yett stated that Mr. Recinos and others had filed claims on this incident and that settlements had been made by many of the claimants, and an settlement offer had been made to Mr. Recinos, but he was not agreeable to that offer. He added that the City would continue to entertain any more information he would like to provide, but submitted that the Council Chamber was not the appropriate place to negotiate a settlement to a claim. He further stated that staff would provide information concerning the City's offer, including Mr. Recinos' counter offer to the Council, but he would like to keep that at staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2006 PAGE 40 of 41 level and keep the Council and Mr. Recinos informed. He added that if Mr. Recinos ultimately disagrees with any offer made, he did have legal recourse he could pursue. Libby Gilmore Dr. Libby Gilmore, 4403 Bellaire Drive South #123, appeared before Council relative to Barnett-Shale drilling. She stated that she knew the Task Force would provide recommendations to the Council and added that she was not opposed to drilling, but the distance that drilling equipment should be from residential and park areas was a concern for many residents. She alleged that this subject was not being given adequate discussion amongst the Task Force members. She stated that more education needed to be provided to residents about the ramifications of having drilling equipment located near or on their property. She added that the Task Force was unfairly made up of members who had great corporate interest in the benefits and the profits to be made by drilling and that the Task Force should be more representative of the City's diverse population. She requested that the City impose a moratorium on drilling until the report from the Task Force was received. The following individuals appeared before Council relative to the Omni Hotel's plan to request for additional subsidies. They expressed a concern that the amount of inclusion by Minority/Women Business Enterprise (M/WBE) was below that of what was desired. However, they stated that since additional subsidies were being requested that the percentage of participation by M/WBE business also be increased from 10 percent to 25 percent. Mr. Glenn Lewis 1063 Evans Avenue (Represented Fort Worth/Tarrant County NAACP) Mr. Ron Muhammad 4200 Lisbon (Executive Council Member, Fort Worth/Tarrant County Million More Movement Power Organizing Coalition and Think Tank Institution) Mr. Bernard Allen 6417 Oak Timber Drive (Represented the Millions More Movement Local Organizing Committee) Mr. Brian Muhammad 8402 Highway 80 West (Represented the Fort Worth/Tarrant County Millions More Movement, P.O.W.E.R. Organizing Coalition Political Action Council) Mr. Takuma Umoj a 3116A-E Rosedale Street Council Member Wheatfall stated that he was an advocate for M/WBE. He added that when economic disparities of the inner city occur, it was black and brown issue, and he questioned why. He stated that it was because those communities had been denied access to economics. He added that when the CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10,2006 PAGE 41 of 41 City had programs or opportunities to bring minorities to the table, the City should fight with all due diligence and with great understanding to provide the 25 percent participation. He further stated that by bringing that 25 percent, it helped affect those social ills that were part of the City. He also stated that he hoped the Council and City staff could do it "the Fort Worth way" and require the 25 percent and to say to anyone who wanted to do business in Fort Worth that the City was trying to provide equity at the table,just like Dallas and other cities. Council Member Hicks stated that beyond the Omni Hotel, there were also other issues that also needed the same kind of attention as far as MIWBE was concerned. She added that some of those issues were the Southwest Parkway of which the City was about to spend approximately $1 billion and there was no M/WBE policy; Trinity River Vision, and Lancaster Corridor. She also addressed Spinks Airport in District 8 and the wells being drilled there that this issue should had been raised years ago. Agenda Item XVII There being no further business,the meeting was adjourned at 12:35 a.m. Adjournment These minutes approved by the Fort Worth City Council on the 19th day of January, 2006. Attest: Approved: b Marty Hen ix Michael J.Woncrie City Secretary Mayor