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HomeMy WebLinkAbout2006/03/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 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 7:02 p.m. on Tuesday, March 21, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Wheatfall and Hicks temporarily absent. Agenda Item II The invocation was given by Mr. Robert Combs, Purchasing Manager. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Mayor Pro tem Silcox, seconded by Council Member Davis, Approval of the minutes of the regular meeting of March 7, 2006, and joint meeting with Minutes Keller Independent School District Board of Education on February 23, 2006, were approved seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Hicks absent. (Council Member Wheatfall assumed his chair at the dais.) Agenda Item V Council Member Espino presented a Proclamation for Migration Week to Mr. Special Benjamin Sebacuzi, client of Catholic Charities. Presentations Council Member Davis presented a Proclamation for TCU Football Day to Mr. Gary Patterson, TCU Head Football Coach, and two members of the team. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 2 of 36 Agenda Item VI Council Member Davis recognized her oldest daughter Amber, in the audience Announcements and stated that she was also a student at TCU. Council Member Espino announced that a Town Hall meeting for the communities of Northside, Diamond Hill, and Far Greater Northside would be conducted on March 23, 2006, at 6:30 p.m. at the Northside Community Center, 1851 Harrington. He added that this was an opportunity for residents to have dialog with their Council Member, as well as an opportunity to ask representatives from City staff about roads, streets, Code Compliance, public safety, and garbage. He added that on March 25, 2006, at 11:00 a.m. in the area north of Loop 820, Far North Fort Worth, would be the first meeting of the Far North Fort Worth Alliance of Neighborhoods, at Beef O'Brady's at 10760 N. Beach Street. Council Member Haskin congratulated Ben Eppstein for achieving Eagle Scout on March 19, 2006. She added that Ben was the son of Bryan and Kim Eppstein and that Ben's father, grandfather and uncle were all Eagle Scouts. 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 staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Haskin, the Council voted eight(8) ayes to zero (0) nays, with Council Member Hicks absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1544 M&C OCS-1544 - 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-15110 M&C G-15110 — Adopting Resolution No. 3320-03-2006 fixing in advance, as Res. No. 3320-03- far as practicable, the maximum amount to be paid to Gary Ingram of Jackson 2006 Walker to represent the City of Fort Worth in the lawsuit entitled David Miller, Increase Payment et al. v. City of Fort Worth, Civil Action No. 4:04-CV-0622-A, in an amount to Gary Ingram not to exceed $120,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 3 of 36 G-15111 M&C G-15111 — Approving the request of Downtown Fort Worth, Inc., to Temporary Street temporary close the following streets for the Main Street Fort Worth Arts Closure for 2006 Festival for the year 2006: Main Street Fort Worth Arts Monday, April 17, 12:01 a.m. through the following Monday, April 24, 6:00 Festival a.m. • Main Street from 2nd Street to 9th Street; • 1st Street from Houston Street to Commerce Street(Access to Hotel will be maintained); and • 2nd Street from Houston Street to Commerce Street (Access to Hotel will be maintained). Tuesday, April 18, 12:01 a.m. through Monday, April 24, 6:00 a.m. • Main Street from Weatherford Street to 2nd Street; and • 8th Street from Houston Street to Commerce Street(Access to Hotel will be maintained. Festival will accommodate Del Frisco's valet parking service). Wednesday, April 19, 12:01 a.m. through Monday, April 24, 6:00 a.m. • 3rd Street from Houston Street to Commerce Street (Access to Haltom's Jewelry loading zone will be provided by barricade pass); • 9th Street from Houston Street to Commerce Street; • Weatherford Street (southside) from Main Street to Commerce Street (Close parking lane and bagging of parking meters); • Houston Street (eastside) from 2nd to 4th Streets and from 6th and 7th Streets (Close parking lane and bagging of parking meters); and • Commerce Street (westside) from Weatherford Street to 6th Street (Close parking lane and bagging of parking meters). Wednesday, April 19, 6:00 a.m. • 4th Street from Houston Street to Commerce Street (Two (2) north lanes will be open during morning peak hour traffic 6:00 a.m. to 9:00 a.m.); • 5th Street from Houston Street to Commerce Street (Two (2) center lanes will be open all day); and • 6th Street from Houston Street to Commerce Street (Two (2) center lanes will be open all day). Thursday, April 20, 12:01 a.m. through Friday, April 21, 12:01 a.m. • 4th Street from Houston Street to Commerce Street (Two (2) north lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 4 of 36 • 5th Street from Houston Street to Commerce Street (Two (2) center lanes will be open evening peak hour 4:00 p.m. to 6:00 p.m.); • 6th Street from Houston Street to Commerce Street (Two (2) center lanes open all day); and • 7th Street from Houston Street to Commerce Street (Two (2) center lanes open all day). Friday, April 25, 12:01 a.m. through Monday, April 28, 6:00 a.m. • 4th Street from Houston Street to Commerce Street (Two (2) center lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); • 5th Street from Houston Street to Commerce Street (Two (2) center lanes will be open evening peak hour 4:00 p.m. to 6:00 p.m.); • 6th Street from Houston Street to Commerce Street (Two (2) center lanes open, closed at 6:00 p.m.); and • 7th Street from Houston Street to Commerce Street (Two (2) center lanes open, closed at 6:00 p.m.). G-15112 M&C G-15112 — Approving the request of the Colonial Country Club to Temporary Street temporarily close the following streets during the Bank of America Colonial Closure for 2006 Golf Tournament during the period of May 15 through 21, 2006: Bank of America Colonial Golf • 3700 block of Country Club Circle; Tournament • 3700, 3800 and 3900 blocks of Mockingbird Lane including Mockingbird Court; • 3600 and 3700 block of Cantey Street from Highview Terrace West to the TCU parking lot; and • 2000 block of Rogers Avenue from Riverfront Drive to Colonial Parkway G-15113 M&C G-15113 — Adopting Resolution No. 3321-03-2006 authorizing the Res. No. 3321-03- closure of a 75-foot by 380-foot long portion of the 1100 block of North 2006 Commerce Street, between Northeast 10th Street and Northeast 11th Street, Close Portion of within the North Fort Worth Addition, Fort Worth, Texas. Actual physical North Commerce closure is recommended adjacent to both sides of the Fort Worth & Western Street to Remove Railroad Company crossing. Railroad Crossing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 5 of 36 G-15114 M&C G-15114 — Adopting Resolution No. 3322-03-2006 authorizing the Res. No. 3322-03- closure of a 45-foot wide by 150-foot long portion of the 3300 block of 2006 Mississippi Avenue, being approximately 360' south of Devitt Street, adjacent Close Portion of to the John Randol Addition, Fort Worth, Texas. Actual physical closure is 3300 Block of recommended adjacent to both sides of the Fort Worth & Western Railroad Mississippi at Fort Company crossing. Worth & Western Railroad Crossing G-15115 M&C G-15115 — Adopting Resolution No. 3323-03-2006 authorizing the Res. No. 3323-03- closure of a 110-foot wide by 160-foot long portion of Old Greenbelt Road 2006 from a point at the intersection of the west right-of-way line of Old Greenbelt Close Portion of Road and the south right-of-way line of the Trinity Railway Express (TRE), Old Greenbelt Fort Worth, Texas. Actual physical closure is recommended adjacent to both Road to Remove sides of the Trinity Railway Express crossing. THE Railroad Crossing G-15116 M&C G-15116 — Authorizing the transfer of$45,007.27 from the Grants Fund Ord. No. 16847- to the Special Trust Fund; and adopting Appropriation Ordinance No. 16847- 03-2006 03-2006 increasing estimated receipts and appropriations in the Special Trust Transfer Year Fund in the amount of $45,007.27 available from Year 2005 After-School 2005 After School Snack Program and Summer Food Service Program Excess Funds for the Snack Program purpose of offsetting startup program costs initially charged to the Special Trust and Summer Food Fund. Service Program Excess Funds G-15117 M&C G-15117 —Authorizing the City Manager to transfer $30,000.00 from the Ord. No.16848-03- Water and Sewer Fund to the Special Trust Fund for the purpose of funding for 2006 a period of one year the salary and benefits of a Senior Maintenance Worker Maintenance of position in the Water Conservation Demonstration Garden at the Fort Worth Water Botanic Garden; and adopting Appropriation Ordinance No. 16848-03-2006 Conservation increasing estimated receipts and appropriations in the Special Trust Fund in Demonstration the amount of$30,000.00 from available funds, for the purpose of funding one Garden at Fort Senior Maintenance Worker in the Water Conservation Garden at Fort Worth's Worth Botanic Botanic Garden. Gardens CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 6 of 36 P-10337 M&C P-10337 — Authorizing the purchase of the fabrication and installation of Fabrication and a chlorine storage tank and associated piping from Archer Western Contractors, Installation of LTD, for the Water Department based on best value for a cost not to exceed Chlorine Storage $347,000.00 with payment due 30 days after receipt of invoice. Tanks and Associated Piping P-10338 M&C P-10338 — Authorizing the rejection of all bids for fax toner cartridges Reject All Bids and fax maintenance and authorize the issuance of new bids for the City of Fort and Issue New Worth. Invitation to Bid for Fax Toner Cartridges and Fax Maintenance P-10339 M&C P-10339 —Authorizing the purchase of fire hoses from Nafeco and Casco Fire Hoses Industries for the Fire Department based on best value at a total cost not to exceed $44,282.75 with payment due 30 days after receipt of invoice and freight included in the unit prices. P-10340 M&C P-10340 — Authorizing a purchase agreement for Polyvinyl Chloride Polyvinyl Chloride water and sewer pipe with Texas Water Products, Inc., for the Water Water and Sewer Department based on best value, with payment due 30 days after receipt of Pipe invoice; and authorizing this agreement to begin March 21, 2006, and expire March 20, 2007, with options to renew for two additional one-year periods. P-10341 M&C P-10341 — Authorizing the purchase of new medium duty trucks from Medium Duty Westway Ford and Sam Pack's 5-Star Ford for the City of Fort Worth as listed Trucks below for a cost not to exceed $698,190.00 with payment due 30 days after the date of the invoice. Qtv. &Description Department Unit Price Extended Total WestwU Ford 3 ea. 11.0 waste dump Parks/Community $31,562.00 $ 94,686.00 trucks Service 1 ea. 11.0 service truck with Parks/Community $ 27,670.00 ladder rack Service 1 ea. 11.0 service truck with Transportation/Public $ 29,520.00 ladder rack and lift gate Works 2 ea. 11.0 service truck with Transportation/Public $27,670.00 $ 55,340.00 ladder rack Works 1 ea. 11.0 service truck with Water $ 31,407.00 4 wheel drive 1 ea. 16.0 crew cab dump Parks/Community $ 38,517.00 truck Service CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 7 of 36 1 ea. 16.0 crew cab service Parks/Community $ 39,067.00 truck with ladder rack Service 1 ea. 16.0 crew cab service Water $ 45,847.00 truck with crane 2 ea. 9.0 service truck Water $25,239.00 $ 50,478.00 Sam Packs' 5-Star Ford 2 ea. 16.0 service truck with Transportation/Public $38,324.00 $ 76,648.00 inverter and post puller Works 1 ea. 16.0 service truck with Water $ 35,261.00 inverter and bed cover 1 ea. 16.0 service truck with Water $ 40,472.00 11'body 1 ea. 16.0 flatbed crew cab Parks/Community $ 34,613.00 service truck Service 2 ea. 9.2 service truck with Engineering $32,182.00 $ 64,364.00 4 wheel drive 1 ea. 17.9 service truck Fire $ 34,300.00 Total $698,190.00 L-14171 M&C L-14171 — Authorizing the City Manager to execute an option agreement Sale of City Fee- to sell City fee-owned surplus property located at the northwest corner of Owned Surplus Hemphill Street and Rosedale Street (700 West Rosedale Street) to Property Pennsylvania Avenue, L.P., in accordance with Chapter 272 of the Texas Local Government Code; and authorizing the City Manager to execute an appropriate deed conveying the property to Pennsylvania Avenue, L.P., and record the deed, if the terms of the option are satisfied. L-14172 M&C L-14172 —Declaring the necessity of taking an interest in one permanent Condemnation of water line easement described as Lots 10 and 11, Block 4, Wolf Creek Addition Permanent Water to the City of Lakeside, Tarrant County, Texas, across property owned by Line Easement Arbor Plantation Realty Partners, Ltd., located south of Confederate Park Road and north of Copperwood Drive (DOE 5126), required to construct a public water line to serve the proposed Turtle Creek Development; and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land. L-14173 M&C L-14173 —Declaring the necessity of taking an interest in one permanent Condemnation of water line easement described as Lot 8, Block 5, Wolf Creek Addition to the Permanent Water City of Lakeside, Tarrant County, Texas, across property owned by Arbor Line Easement Plantation Realty Partners, Ltd., located south of Confederate Park Road and north of Copperwood Drive (DOE 5126), required to construct a public water line to serve the proposed Turtle Creek Development; and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 8 of 36 L-14174 M&C L-14174 — Approving the acceptance of one permanent water line Permanent Water easement and one temporary construction easement described as a portion of Line Easement W.M. Robinson Survey, Abstract No. 1310, James M. Millsaps Survey and and Temporary Abstract No. 1060, BBB & CRR Survey, Abstract No. 221, across property Construction located in Northwest Tarrant County owned by Marianne Brants and HARLU Easement Limited Partnership, needed for the construction of a 72" diameter raw-water main to transport water from Eagle Mountain Lake to the Eagle Mountain Water Treatment Plant, located north of Robertson Road and west of Boat Club Road, and approving the agreement relating to these easements with Marianne Brants and HARLU Limited Partnership. L-14175 M&C L-14175 —Declaring the necessity of taking an interest in one permanent Condemnation of water line easement described as Lot 12, Block 4, Wolf Creek Addition to the Permanent Water City of Lakeside, Tarrant County, Texas, across property owned by Sage Creek Line Easement Homes, Inc., located south of Confederate Park Road and north of Copperwood Drive (DOE 5126), required to construct a public water line to serve the proposed Turtle Creek Development; and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land. PZ-2668 M&C PZ-2668 — Adopting Ordinance No. 16849-03-2006 vacating and Ord. No. 16849- extinguishing a 12 feet by 150 feet portion of an alley adjacent to Lots 1 03-2006 through 3 and 32 through 34, Block 12, University Place Addition, City of Fort Alley Vacation Worth, Tarrant County, Texas; providing for reversion of fee in said land; (VA-05-009) providing that the City shall retain all existing utilities; repealing all ordinances in conflict herewith. C-21342 M&C C-21342 — Authorizing the City Manager to execute a Public Right-of- BSG Pipeline, Ltd. Way Use Agreement with B SG Pipeline, Ltd., that grants B SG a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. C-21343 M&C C-21343 — Authorizing the City Manager to execute a Public Right-of- Chief Oil and Gas Way Use Agreement with Chief Oil and Gas, LLC (Chief Oil and Gas), that LLC grants Chief Oil and Gas a license to use certain streets and public rights-of- way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas gathering system. C-21344 M&C C-21344 — Authorizing an amendment to City Secretary Contract No. Amend CSC No. 29335 approved November 4, 2003, (M&C C-19837), authorizing use of the 29335— "The right-of-way for existing and proposed encroachments for "building signs" on Tower" the Fifth Street side of"The Tower" at 500 Throckmorton. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 9 of 36 C-21345 M&C C-21345 — Authorizing the City Manager to execute an interlocal North Central agreement with the North Central Texas Council of Governments (NCTCOG) Texas Council of for Phase 3.2 of the Thoroughfare Assessment Program; and authorizing Governments payment to the NCTCOG in the amount of $39,979.00 for Phase 3.2 of the Thoroughfare Assessment Program. C-21346 M&C C-21346 — Authorizing the City Manager to execute a consulting service Marshall agreement with Marshall Murdaugh Marketing to provide a Strategic Tourism Murdaugh and Convention Planning Analysis and recommendation for Fort Worth. Marketing C-21347 M&C C-21347 —Recommending that the City Council: Ord. No. 16850- 03-2006 1. Authorize the transfer of $885,837.00 from the Water and Sanitary Conatser Operating Fund to the Water Capital Projects Fund in the amount of Construction, TX, $226,334.00 and Sewer Capital Projects Fund in the amount of LP $659,203.00; 2. Adopt Appropriation Ordinance No. 16850-03-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $226,334.00 and the Sewer Capital Projects Fund in the amount of $659,203.00 from available funds for the purpose of funding a contract with Conatser Construction, TX, LP, for water and sanitary sewer main replacements on Throckmorton Street and 14tH Street; and 3. Authorize the City Manager to execute a contract with Conatser Construction, TX, LP, in the amount of $753,862.00 for Water and Sanitary Sewer Replacements on Throckmorton Street and 14th Street. C-21348 M&C C-21348 —Recommending that the City Council: Ord. No. 16851- 03-2006 1. Authorize the transfer of $48,199.55 from the Water and Sewer Brown and Gay Operating Fund to the Water Capital Project Fund in the amount of Engineers, inc. $30,663.50 and Sewer Capital Project Fund in the amount of $17,536.05; 2. Adopt Appropriation Ordinance No. 16851-03-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $30,663.50 and the Sewer Capital Project Fund in the amount of $17,536.06 from available funds for the purpose of funding CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 10 of 36 an engineering agreement with Brown and Gay Engineers, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Blackmore Avenue (Prevost Street to Hervie Street), Kilpatrick Avenue (Eldridge Street to East Dead End) and Kilpatrick Avenue (Hervie Street to Bourine Street); and 3. Authorize the City Manager to execute an engineering agreement with Brown and Gay Engineers, Inc., in the amount of $97,577.00 for pavement reconstruction and water and sanitary sewer main replacement on Blackmore Avenue (Prevost Street to Hervie Street), Kilpatrick Avenue (Eldridge Street to East Dead End) and Kilpatrick Avenue (Hervie Street to Bourine Street) (City Project No. 00292). C-21349 M&C C-21349 — Authorizing the transfer of $20,102.00 from undesignated Ord. No. 16852- funds in the Environmental Management Operating Fund to the Environmental 03-2006 Management Project Fund; adopting Appropriation Ordinance No. 16852-03- Intercon 2006 increasing estimated receipts and appropriations in the Environmental Construction Management Fund in the amount of $20,102.00 from available funds, for the Company, Inc. purpose of funding a contract with Intercon Construction Company, Inc., for asbestos abatement and demolition services for the Fire Station No. 8 project; and authorize the City Manager to execute a contract with Intercon Construction Company, Inc., in an amount not to exceed $32,145.00, for asbestos abatement and demolition services for the Fire Station No. 8 project. C-21350 M&C C-21350 — Authorizing the City Manager to submit a grant application to Ord. No. 16853- the North Texas Clean Air Coalition (NTCAC) for a Community Grant 03-2006 Program; authorizing the City Manager to accept and execute the NTCAC grant North Texas Clean contract, if awarded; and adopting Appropriation Ordinance No. 16853-03- Air Coalition 2006 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$16,608.00, subject to receipt of the Community Grant from the North Texas Clean Air Commission, for the purpose of funding the "Drive Less, Breathe Better" banners during the 2006 air pollution season. C-21351 M&C C-21351 — Authorizing the City Manager to execute Amendment No. 4 Amendment No. 4 to the engineering services agreement with Southwest Research Institute to to Engineering provide a strategy and call center communications infrastructure procurement Services and implementation plan for the Water Department in the amount of Agreement— $434,487.00. Southwest Research Institute CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 11 of 36 C-21352 M&C C-21352 — Adopting Appropriation Ordinance No. 16854-03-2006 Ord. No. 16854- increasing estimated receipts and appropriations in the Grants Fund in the 03-2006 amount of $116,193.00, subject to receipt of the funds from an interlocal Fort Worth agreement with the Fort Worth Independent School District, for the purposes of Independent funding the 21st Century Community Learning Center Program at Rosemont School District and Daggett Elementary Schools. C-21353 M&C C-21353 — Authorizing the City Manager to execute a contract with Parks for Play, Parks and Play, Inc., in the amount of$232,488.25 for Playground Renovations Inc. at Thomas Place, Como Community Center and George Markos Parks. C-21354 M&C C-21354 — Authorizing the City Manager to execute a contract with Texas Health Texas Health Group, Incorporated, d/b/a Greenbelt Canoe Rentals to use Group, approximately .2 acres in Trinity Park to operate a boat rental concession. Incorporated, d/b/a Greenbelt Canoe Rentals The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council 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 Mayor and Council Communication No. OCS-1545 from Presentations by the Office of the City Secretary recommending that the City Council adopt a City Secretary resolution setting the regular zoning hearing for April 11, 2006. OCS-1545 Res. No. 3324-03- Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, 2006 that Mayor and Council Communication No. OCS-1545 be approved and Setting Regular Resolution No. 3324-03-2006 be adopted. The motion carried eight (8) ayes to Zoning Hearing zero (0) nays, with Council Member Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 12 of 36 Agenda Item XIII There was presented a resolution appointing the following members to the Res. No. 3325-03- Board of Directors of Fort Worth Sports Authority, Inc., effective March 21, 2006 2006, and with terms expiring as follows: Appoint Members of Board of Name Representing Expiration of Term Directors to Fort Sal Espino City of Fort Worth February 11, 2007 Worth Sports Jim Schell Law Office of Pope February 11, 2007 Authority, Inc. Hardwicke, Christie, Harrell, Schell and Kelly Carter Burdette City of Fort Worth February 13, 2008 Tom Higgins City of Fort Worth February 11, 2007 Donna Parker Carter& Burgess, Inc. February 13, 2008 Jesse Gaines West Texas Legal Services February 13, 2008 Larry Lauer Texas Christian University February 11, 2007 Council Member Davis made a motion, seconded by Council Member Haskin, that Resolution No. 3325-03-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Members Hicks absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER (Council Member Hicks assumed her chair at the dais.) G-15118 There was presented Mayor and Council Communication No. G-15118 from Payment to HUD the City Manager recommending that the City Council authorize the City for Subrecipient Manager to approve the repayment of $51,395.00 to the Community Monitoring Development Block Grant line of credit to bring closure to the U.S. Department Review of the of Housing and Urban Development for Subrecipient Monitoring Review Business concerning the Business Assistance Center. Assistance Center Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15118 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 13 of 36 G-15119 There was presented Mayor and Council Communication No. G-15119 from Agreement to the City Manager recommending that the City Council authorize the Fund Loan Loss designation and reallocation of $650,000.00 from the City's Community Reserve Account Development Block Grant to fund a loan loss reserve account and to provide and Provide subsidies to homeowners seeking home rehabilitation loans through Fort Worth Subsidies to Central Community Development Corporation's home rehabilitation loan fund; Homeowners authorize the City Manager to execute a contract with Fort Worth Central Seeking Home Community Development Corporation to expend the allocated funds consistent Rehabilitation with the intended use of the fund; and authorize the City Manager to amend the Loans contract as needed, provided the amendment is consistent with applicable laws and regulations and with the goals of providing support to Fort Worth Central Community Development Corporation and its home rehabilitation loan fund. Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15119 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15120 There was presented Mayor and Council Communication No. G-15120 from Payment for the City Manager recommending that the City Council approve the payment of Mercado Section $144,008.52 to the U.S. Department of Housing and Urban Development, 108 Loan Program Community Development Block Grant line of credit to bring closure to a Review portion of the Mercado Section 108 Loan Program Review. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15120 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15121 There was presented Mayor and Council Communication No. G-15121 from Payment for the City Manager recommending that the City Council authorize an additional Completion of FY $75,000.00 to be paid to Deloitte & Touche to complete the independent audit 2004 Audit of the financial records of the City of Fort Worth for FY 2004. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15121 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15122 There was presented Mayor and Council Communication No. G-15122 from Ord. No. 16855- the City Manager recommending that the City Council adopt a supplemental 03-2006 appropriation ordinance increasing appropriations in the General Fund by FY 2004 Year End $6,376,174.00 and decreasing the unreserved, undesignated general fund Budget balance by the same amount for the purpose of funding Fiscal Year 2004 year Adjustments end budget adjustments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 14 of 36 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15122 be approved and Supplemental Appropriation Ordinance No. 16855-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays G-15123 There was presented Mayor and Council Communication No. G-15123 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Fostepco Heights portion of Fostepco Heights the Diamond Hill neighborhood. Portion of Diamond Hill Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, Neighborhood that Mayor and Council Communication No. G-15123 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15124 There was presented Mayor and Council Communication No. G-15124 from Ord. No. 16856- the City Manager recommending that the City Council authorize the City 03-2006 Manager to accept a monetary donation in the amount of $35,000.00 from an Ord. No. 16857- anonymous donor; adopt an appropriation ordinance increasing estimated 03-2006 receipts and appropriations in the Special Gifts Fund in the amount of Accept $35,000.00 from available funds for the purpose of funding a transfer to the Anonymous General Fund for the purchase of various equipment for the Fire Department; Donation and authorize the transfer of$35,000.00 from the Special Trust Fund to the General Purchase Tool and Fund; adopt a supplemental appropriation ordinance increasing estimated Equipment for receipts and appropriations in the General Fund in the amount of $35,000.00 Various Fire from available funds for the purpose of funding the purchase of various Stations equipment for the Fire Department; and authorize the purchase of various equipment as specified in the grant disbursement guidelines. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15124 be approved with appreciation, Appropriation Ordinance No. 16856-03-2006 and Supplemental Appropriation Ordinance No. 16857-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15125 There was presented Mayor and Council Communication No. G-15125 from Ord. No. 16858- the City Manager recommending that the City Council authorize the City 03-2006 Manager to accept a $1,000.00 cash donation from Alcon Laboratories Accept Cash Foundation for the "Clean Air Fair"; and adopt a supplemental appropriation Donation for ordinance increasing estimated receipts and appropriations in the "Clean Air Fair" Environmental Management Fund in the amount of$1,000.00 as donations are received from Alcon Laboratories Foundation, for the purpose of funding the "Clean Air Fair". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 15 of 36 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15125 be approved with appreciation and Supplemental Appropriation Ordinance No. 16858-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15126 There was presented Mayor and Council Communication No. G-15126 from Ord. No. 16859- the City Manager recommending that the City Council approve acceptance of 03-2006 gift from Friends of the Fort Worth Nature Center; and adopt and appropriation Accept Gift from ordinance increasing estimated receipts and appropriations in the Special Trust Friends of the Fort Fund in the amount of $105,580.38 from available funds for the purpose of Worth Nature funding education and recreational programs at the Fort Worth Nature Center Center and Fund and Refuge. Education and Recreational Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, Programs at Fort that Mayor and Council Communication No. G-15126 be approved with Worth Nature appreciation and Appropriation Ordinance No. 16859-03-2006 be adopted. The Center and Refuge motion carried unanimously nine (9) ayes to zero (0) nays. G-15127 There was presented Mayor and Council Communication No. G-15127 from Reimburse Park the City Manager recommending that the City Council authorize the City Development Manager to reimburse park development costs to KB Homes, Inc., in an amount Costs for Park not to exceed $30,000.00 from the Parks and Community Services Fund, upon Facility acceptance of park improvements costing $60,000.00 or greater, constructed at Improvements at Kingswood Park. Kingswood Park Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15127 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15128 There was presented Mayor and Council Communication No. G-15128 from Reappoint Bettie the City Manager recommending that the City Council confirm the Herring to reappointment of the following individual to the Disciplinary Appeals Board, Disciplinary for a three year term: Appeals Board Name Address District Bettie Herring 3733 Walton Avenue, 76133 6 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15128 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 16 of 36 G-15129 There was presented Mayor and Council Communication No. G-15129 from Accept Donation the City Manager recommending that the City Council accept the donation of for Phases Two improvements worth approximately $875,000.00 from the Fort Worth Botanical and Three of Society for phases two and three of the Texas Native Forest Boardwalk. Texas Native Forest Boardwalk Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15129 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10342 There was presented Mayor and Council Communication No. P-10342 from the Casting of Lots for City Manager recommending that the City Council: Agricultural Fertilizers 1. Authorize purchase agreements for agricultural fertilizers with Helena Chemical Company, Justin Seed, Lesco, Incorporated, and Mann Farm & Ranch, Incorporated, for the Parks and Community Services Department based on the low bid by line item as follows, with payments due 30 days from date of invoice; Vendors Line Items a. Helena Chemical Company 9 b. Justin Seed 1, 4 and 7 c. Lesco, Incorporated 2 and 3 d. Mann Farm & Ranch, 5 and 6 Incorporated 2. Authorize these agreements to begin March 21, 2006, and expire March 20, 2007; 3. Authorize casting of lots to determine the award of line item 8 between vendors Helena Chemical Company and Justin Seed; and 4. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Local Code, Chapter 271.102, "Cooperative Purchasing Program". At the casting of lots, Acting Assistant City Manager Richard Zavala represented Helena Chemical Company and Purchasing Manager Robert Combs represented Justin Seed, which resulted in Helena Chemical Company being awarded the bid. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 17 of 36 Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. P-10342 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14176 authorize the conversion of Marion Sansom Park for the subsurface drilling and Convert Marion extraction of natural gas from an off site location. Mayor Moncrief opened the Sansom Park for public hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Extraction of Services Department, Parks and Community Services Department, appeared Natural Gas before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14176, as follows: There was presented Mayor and Council Communication No. L-14176 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Marion Sansom Park, being a 256.839 acre tract situated in the A. Van Nordstrand Survey, Abstract No. 1584 and the J. Foote Survey, Abstract No. 534, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. L-14176 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Espino stepped away from the dias.) C-21355 There was presented Mayor and Council Communication No. C-21355 from the Ord. No. 16860- City Manager recommending that the City Council: 03-2006 Ord. No. 16861- 1. Adopt an appropriation ordinance increasing appropriations in the 03-2006 Culture and Tourism Fund in the amount of$80,000.00 and decreasing PhenomenArts, the unreserved, undesignated fund balance by the same amount for the Inc. purpose of funding a transfer to the Specially Funded Capital Projects CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 18 of 36 Fund for a Design Agreement with PhenomenArts, Inc., for collaborative design of integral public art/design enhancements for the City Parking Garage; 2. Authorize the transfer of $80,000.00 from the Culture and Tourism 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$80,000.00 from available funds for the purpose of funding a Design Agreement with PhenomenArts, Inc., for collaborative design of integral public art/design enhancements for the City Parking Garage; and 4. Authorize the City Manager to enter into a Design Agreement with PhenomenArts, Inc., for design of integral public art/design enhancements in collaboration with Jacobs Facilities, Inc., for the City Parking Garage, in an amount not to exceed $80,000.00. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21355 be approved and Appropriation Ordinance Nos. 16860-03-2006 and 16861-03-2006 be adopted. The motion carried seven (7) ayes to one (1) nay, with Council Member Espino absent and Mayor Pro tem Silcox casting the descending vote. C-21356 There was presented Mayor and Council Communication No. C-21356 from the Carver Heights City Manager recommending that the City Council approve a five-year East Municipal Property Tax Abatement for a property located at 2224 Grattan Redevelopment Drive owned by the Carver Heights East Redevelopment Corporation in the Corporation Lake Arlington Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with the Carver Heights East Redevelopment Corporation are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with the Carver Heights East Redevelopment Corporation for 2224 Grattan Drive located in the Lake Arlington Neighborhood Empowerment Zone, in accordance with the NEZ Tax Abatement Policy and Basic Incentives. (Council Member Espino returned to his chair at the dais.) Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21356 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 19 of 36 C-21357 There was presented Mayor and Council Communication No. C-21357 from the United Riverside City Manager recommending that the City Council: Rebuilding Corporation 1. Authorize allocation of $287,000.00 in HOME grant funding for the United Riverside Rebuilding Corporation (URRC), a certified Community Housing Development Organization, for new construction of six infill single family homes and down payment assistance to eligible buyers of the homes; 2. Authorize the City Manager or his designee to execute a contract with URRC for the above project, with a two-year performance period beginning on the date of the execution of the contract; 3. Authorize the City Manager or his designee to extend or renew the contract for up to one year if URRC requests an extension and such extension is necessary for completion of the project; and 4. Authorize the City Manager or his designee to amend the contract, if necessary to achieve project goals, provided that the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing use of federal grant funds. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21357 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21358 There was presented Mayor and Council Communication No. C-21358 from the Waterview City Manager recommending that the City Council authorize the City Manager Estates, L.P. to execute an Enhanced Community Facilities Agreement with Waterview Estates, L.P., for the installation of storm drainage facilities for the development of Waterfront at Enchanted Bay Development, an addition to the City of Fort Worth, with City participation not to exceed $439,571.61 (inclusive of construction costs and fees for material testing and inspection). Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21358 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 20 of 36 C-21359 There was presented Mayor and Council Communication No. C-21359 from the Ord. No. 16862- City Manager recommending that the City Council authorize the transfer of 03-2006 $1,157,248.00 from the Water and Sewer Operating Fund to the Water Capital Conatser Project Fund in the amount of$611,979.00 and Sewer Capital Project Fund in Construction, TX, the amount of $545,269.00; adopt an appropriation ordinance increasing L.P. estimated receipts and appropriations in the Water Capital Project Fund in the amount of $611,979.00 and the Sewer Capital Projects Fund in the amount of $545,269.00 from available funds for the purpose of funding a contract with Conatser Construction, TX, L.P., for Water and Sanitary Sewer Replacement Contract 2001, STM-J (City Project No. 00329); and authorize the City Manager to execute a contract with Conatser Construction, TX, L.P., in the amount of$1,016,845.50 for water and sanitary sewer replacement on portions of Regal, Queen Street, Gary Lane, and Van Natta Avenue, Water and Sanitary Sewer Replacement Contract 2001, STM-J. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21359 be approved and Appropriation Ordinance No. 16862-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Silcox stepped away from the dais.) C-21360 There was presented Mayor and Council Communication No. C-21360 from the Four Sevens Oil City Manager recommending that the City Council approve the acceptance of a Company lease agreement for natural gas drilling under 76.697 acres more or less of City- owned properties known as Southwest Community Park located in Tarrant County, Texas, with Four Sevens Oil Company for a two-year term. Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21360 be approved with appreciation to Randle Harwood and Harold Pitchford, Acting Director and Assistant Director of the Parks and Community Services Department, Doug Rademaker, Director of the Engineering Department, and to City staff. The motion carried eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 21 of 36 C-21361 There was presented Mayor and Council Communication No. C-21361 from the One SR, L.P., a City Manager recommending that the City Council authorize the City Manager Texas Limited to execute a Community Facilities Agreement with One SR, L.P., a Texas Partnership by Limited Partnership by Centimeter Terrace, L.C.C., its General Partner, for the Centimeter installation of water and sewer services to serve Sendera Ranch, Phase 3, Terrace, L.C.C., Section 213, a future single-family home development, located in far northwest its General Fort Worth. Partner Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21361 be approved. The motion carried eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing Concerning concerning the amendment to the 287 Service Plan. Mayor Moncrief opened Amendment to 287 the public hearing and asked if there was anyone present desiring to be heard. Service Plan Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report. There was no formal action taken by the Council on this item. (Mayor Pro tem Silcox returned to his chair at the dais.) AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that Resolution No. 3314-02-2006 was adopted Hearing on February 28, 2006, 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 March 2, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Moncrief stated that it was the intent of the chair to hear Zoning Docket No. ZC-05-196 at this time and requested City Secretary Hendrix to read the recommendation of the City Zoning Commission into the record. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 22 of 36 ZC-05-196 It was recommended by the City Zoning Commission that the application of the Approved City of Fort Worth for a change in zoning of property located in the (A) 2500 block of University Drive, et al., Zoning Docket No. ZC-05-196, be approved/denied as follows: Approved: 2500 block of South University Drive, et al., from "B" Two-Family Residential to"A-5" One-Family Residential. Denied: 2501, 2523, 2525, 2527, 2531, 2539, 2541, 2543, 2557, 2561, 2563, 2565, 2601, 2605, 2609, 2615, 2621, 2625, 2701, 2705, 2711, 2715, 2720 South University Drive from "B" Two-Family Residential to "A-5" One-Family Residential. The following individuals appeared before Council in opposition of the zoning change and asked that they retain their property rights. They also expressed concern with their ability to retain their accessory buildings on the property. Jill Wachter, Ms. Jill J. Wachter 2711 Cockrell Avenue Pam Durham, Ms. Pam Durham 2533 Greene Avenue Rebecca Lucas, Ms. Rebecca Lucas 4836 Overton Woods Drive Candyce Drum, Ms. Candyce Drum 7602 West Rim Drive, Austin, TX David Grimm, Mr. David Grimm 2701 University Drive Teresa Turner, Ms. Teresa B. Turner 2625 S. University Greg Hughes Mr. Greg Hughes 2544 Stadium Drive Karin Cagle Ms. Karin Cagle, 2618 5th Avenue, was acknowledged in opposition of the zoning change and stated she did not wish to address the Council. The following individuals appeared before Council in support of the zoning change: Ali Rattan, Ms. Ali Rattan 2716 Cockrell Avenue Linda Gentzkow, Ms. Linda Gentzkow 2606 Greene Avenue Amanda Stallings, Ms. Amanda Stallings 2601 Waits Avenue Melissa Wade, Ms. Melissa Wade 2700 Waits Avenue Diann Stadler, Ms. Diann Stadler 2610 Greene Avenue Katherine Blair, Ms. Katherine Blair 2700 Cockrell Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 23 of 36 Susan Smith, Ms. Susan N. Smith 2601 Greene Avenue Andrew Ruiz, Mr. Andrew Ruiz 2528 Greene Avenue Meredith Haller, Ms. Meredith Barr Haller 2614 Cockrell Avenue Karen Kroh, Ms. Karen M. Kroh 2618 Cockrell Avenue Jerre Tracy, Ms. Jerre Tracy 1110 Penn Street Leigh Cariker, Mr. Leigh Cariker 2621 Waits Avenue David Thrapp, Mr. David Thrapp 2909 Alston Avenue Lee Nicol, Mr. Lee Nicol 3882 South Hills Circle Chris Stadler Mr. Chris Stadler 2610 Greene Avenue The following individuals were recognized by Mayor Moncrief as being in support of the zoning change and did not wish to address the Council: Judy Scoggins, Ms. Judy Scoggins 2615 Greene Avenue Bryan Livingston, Mr. Bryan Livingston 2536 Waits Avenue Paul Hunter, Mr. Paul Hunter 2700 Waits Avenue John Killian, Mr. John S. Killian 2524 Greene Avenue Jackie Liles, Ms. Jackie Liles 716 Northwood Road Jennifer Hassibi, Ms. Jennifer Sharpe Hassibi 2564 Cockrell Avenue Shirley Schaffer, Ms. Shirley Schaffer 2600 Cockrell Avenue Trilby Strong, Ms. Trilby Strong 2710 Waits Avenue Mary Stegall, Ms. Mary Ann Stegall 2564 Waits Avenue David Strong, Mr. David Strong 2710 Waits Avenue Roger Dobbins, Mr. Roger Dobbins 2564 Greene Avenue Mary Washuta, Ms. Mary Washuta 2609 Greene Avenue Tom Malone, Mr. Tom Malone 2529 Waits Avenue Sara Dowell, Ms. Sara Dowell 2705 Waits Avenue Barbara Ms. Barbara Livingston 2536 Waits Avenue Livingston Mr. Christopher Dowell 2705 Waits Avenue Christopher Ms. Cherisse Ashcraft 2556 Waits Avenue Dowell Ms. Cordelia Owings 2533 Cockrell Avenue Cherisse Ashcraft, Mr. John Owings 2533 Cockrell Avenue Cordelia Owings Mr. Sahun Hong 2533 Cockrell Avenue John Owings, Sahun Hong (Council Member Hicks stepped away from the dais.) Council Member Davis expressed appreciation to everyone involved with this zoning process and applauded everyone for their constructive dialog on both sides of the issue. She provided a brief history on how this case came forward CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 24 of 36 and the Planning Department's involvement in the process to determine what the land use future for the City should be and its relationship with the Comprehensive Plan. She stated that this neighborhood worked with the Planning Department on what the recommendation was under the Comprehensive Plan for land use and that recommendation was for "A" Single Family because it reflected the character of the neighborhood as it existed today. She further stated that the recommendation did not distinguish between University Drive and the rest of the neighborhood; it asked that instead the entirety be intact as it was recommended in the Comprehensive Plan, that being "A-5" Single-Family. Council Member Davis pointed out that she had received repeated phone calls as a result of the problems that were created, not by virtue of the fact that properties had become rental properties, but that the properties had become dense rental properties in areas that were never meant to contain that kind of density. She referred to the City's ordinance relative to five unrelated persons living in one dwelling on a single-family lot and ten unrelated persons living in two dwelling units on a two-family lot. She added that many of them had become home to ten unrelated people and had began to function as apartment houses. She stated that this area was no different than another part of the city that she represented, the neighborhoods off Forest Park Boulevard; all of the homes were single-family houses that were subjected to the same amount of traffic every day and the character of those neighborhoods had remained intact. She explained that homeowners on University Drive would be able to continue to use their property as it was currently being used today until there was a two-year interruption of that use or a destruction of that property by 75 percent or more. She added, however, by zoning this area"A-5", the Council was preventing and protecting this neighborhood so that in the future no more of those houses would be used as "B" Two-Family residences and adding the additional stress on the neighborhood that comes from that density. She addressed the concerns raised by University Christian Church (UCC) by stating that she did not know how in good conscience to carve UCC out from other property on University Drive. She added that the only thing that would change for them if "B" Two-Family were granted versus "A-5" One-Family Residential was that UCC would be able to build duplexes on their lots. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the City Council uphold the City Zoning Commission's recommendation for approval on the 2500 block of South University Drive, et al., from "B" Two-Family Residential to "A-5" One-Family Residential; and that the Zoning Commission's recommendation for denial be overturned and the following properties be zoned "A-5" One-Family from "B" Two-Family Residential, Zoning Docket No. ZC-05-196: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 25 of 36 2501, 2523, 2525, 2527, 2531, 2539, 2541, 2543, 2557, 2561, 2563, 2565, 2601, 2605, 2609, 2615, 2621, 2625, 2701, 2705, 2711, 2715, 2720 South University Drive. The motion carried eight(8) ayes to zero (0) nays, with Council Member Hicks absent. Recessed/ Mayor Moncrief recessed the meeting at 8:49 p.m. and reconvened at 9:00 p.m. Reconvened with all Council Members being present. Mayor Moncrief continued with the next zoning case as reflected on the published agenda. ZC-05-203 It appeared that the City Council, at its meeting of February 14, 2006, Denied Without continued the hearing of the application of Emerging Properties for a change in Prejudice 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. 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 Emerging Properties, Council Member Haskin made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-203 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix stated that City staff had recommended that ZC-05-282 and ZC-05-305 be considered at the same time. ZC-05-282 It appeared that the City Council, at its meeting of February 14, 2006, Approved continued the hearing of the application of Hunter Farrell Associates, L.P., for a change in zoning of property located in the 3500 block of Valley Vista Drive from "F" General Commercial to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-05-282. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Haskin inquired if the Multi-Family Zoning Analysis was true as the 41 acre site being recommended for rezoning to multi-family as it would increase the potential of the area for 4,100 apartments. She added that the total number within one mile was 4,000. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 26 of 36 Connie Cooper Ms. Connie Cooper, 2800 N. Henderson Avenue, Studio 100, Dallas, Texas, appeared before Council in support of the zoning change. She stated the area would be single-family attached dwellings and that the 40 acres was already zoned multi-family and this 2.4 acres was being rezoned to be consistent with existing zoning. She added the development would be townhomes with approximately seven units per acre. Council Member Haskin requested clarification from City staff as to whether there was a more appropriate zoning category for this property. She also requested clarification on ZC-05-305 and how it related to this case, as it was a trade-off in zoning. She questioned the use of zoning for agriculture. Mr. Bob Riley, Development Department Director, responded by stating the preliminary plat indicated the agriculture area would be open space and would serve as a buffer and changing the zoning from "F" to "C" was to make the property consistent with the other property. He added that because of the City's cumulative zoning, anything could be built in the multi-family zoning that was more restrictive and townhomes fell under that zoning. There being no one else present desiring to be heard in connection with the application of Hunter Farrell Associates, L.P., Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-282 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Haskin casting the descending vote. ZC-05-305 It appeared that the City Council, at its meeting of February 14, 2006, Approved continued the hearing of the application of Newport Contractors, L.L.C., for a change in zoning of property located in the 10600 block of Tube Drive from "C" Medium Density Multi-Family Residential to "AG" Agricultural, Zoning Docket No. ZC-05-305. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Newport Contractors, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-305 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Haskin casting the descending vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 27 of 36 ZC-05-296 It appeared that the City Council, at its meeting of February 14, 2006, SP-06-007 continued the hearing of the application of Alfonso Fuentes for a change in Approved zoning of property located at 5260 Trail Lake Drive from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; plus: furniture and auto upholstery shop; hours of operation Monday through Saturday from 7 a.m. to 6 p.m.; existing structure square footage not to be expanded; overnight vehicle storage to be within enclosed structure; facade of south wall of future building facing Trail Lake Drive to be covered with hardy plank; existing pole signs to be removed within six months of the date of approval; and with site plan required, Zoning Docket No. ZC-05-296 and Site Plan No. SP-06-007. 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 Alfonso Fuentes, Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-296 and Site Plan No. ZC-06-007 be approved with appreciation to Mr. Fuentes and Mr. Bonilla. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-301 It appeared that the City Council, at its meeting of February 14, 2006, SP-05-059 continued the hearing of the application of Charles Lawhon for a change in Approved zoning of property located at 4600 East Loop 820 South from "PD-523" Planned Development to "PD/SU" Planned Development/Specific Use for selected uses in "I" Light Industrial, as described below, and with site plan required, Zoning Docket No. ZC-05-301 and Site Plan No. SP-05-059: General Offices Antique Shops Appliance sales, service and repair Bakery Burglar Alarm sales and service Caterer and Wedding services Cold storage plant Commercial printing service Express offices Furniture sales new and used Furniture upholstery finishing and sales General merchandise store Greenhouse and plant nursery with outside storage of plant inventory Gunsmith repair and sales CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 28 of 36 Interior decorating Leather good shop Locksmith Medical supply equipment sales and service Newspaper distribution center Retail sales general Studio art and photography Taxidermist shop Veterinary clinic indoor kennel (no outdoor kennel) Carpet and rug cleaning Furniture and cabinet repair and construction Outdoor storage of stone products and related uses Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Wheatfall asked the applicant what was being proposed on the property. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing the applicant, appeared before Council in support of the zoning change. He provided a summary of the zoning change and stated that the 14.2 acre tract would be used for a showroom and storehouse for the applicant's product. There being no one else present desiring to be heard in connection with the application of Charles Lawhon, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-301 and Site Plan No. SP-05-059 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-302 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of Hans & Dolores Lauer for a change in zoning of property located at 3601 Williams Road from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; plus: continued use of a bar, restricted to beer and wine sales; any improvements or new construction will require a site plan; and with waiver of site plan recommended, Zoning Docket No. ZC-05-302, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-307 It appeared that the City Council, at its meeting of February 14, 2006, Continued Until continued the hearing of the application of Louie Ruiz for a change in zoning of April 4, 2006 property located at 2401 and 2409 Vaughn Boulevard from "E" Neighborhood CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 29 of 36 Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC- 05-307. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Wheatfall asked the applicant if the property was presently being used as an automotive shop. He expressed concern that the business was next to residential property. Dennis Ruiz Mr. Dennis Ruiz, 2313 Vaughn Boulevard, the applicant, appeared before Council in support of the zoning change. He stated that he owned a large amount of property in the area and that he was trying to improve the area. Council Member Wheatfall stated that he wanted to delay this case to allow him and Council Member Hicks the opportunity to meet with the applicant to address the change of zoning and restrictions to the facade of the building and signage. Council Member Hicks stated that she appreciated the delay as this case bordered on District 8 and she expressed concern that this location was in the middle of the neighborhood and looked forward to meeting with the applicant. There being no one else present desiring to be heard in connection with the application of Louie Ruiz, Council Member Wheatfall made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-05-307 be continued until April 4, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-308 It appeared that the City Council, at its meeting of February 14, 2006, Approved continued the hearing of the application of James H. Mulholland for a change in zoning of property located at 1310 North Main Street from "J/DD" Medium Industrial/Demolition Delay to "J" Medium Industrial, Zoning Docket No. ZC- 05-308. 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 James H. Mulholland, Council Member Espino made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-308 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 30 of 36 ZC-06-001 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of Joe Harvey for a change in zoning of property located at 4700 McCart from "E-R" Neighborhood Commercial Restricted to "A-5" One- Family Residential, Zoning Docket No. ZC-06-001, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-003 Council Member Burdette made a motion, seconded by Council Member Hicks, Approved that the application of Llewellyn Realty, L.P., for a change in zoning of property located at 5001 Bryant Irvin Road North from "B" Two-Family Residential and "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for plumbing fixtures, appliances, cabinet lighting and decorative door showroom, and with waiver of site plan recommended, Zoning Docket No. ZC-06-003, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-06-001 Council Member Haskin asked for an explanation of the changes to the site Continued Until plan. April 4, 2006 Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing the applicant, stated that the site plan and zoning were approved in April 2004 by the previous Council. He stated that the Texas Department of Transportation had determined that his client was going to be responsible for the discharge under IH30, a 30-foot drainage easement. He explained that since the previous site plan represented a 5 percent deviation from the proposed site plan, he had to return to the Council and ask that the site plan be revised. He stated that his client was actually decreasing the density of mini warehouses by 12,200 square feet. This 12,200 square feet created the five percent deviation. Council Member Haskin requested clarification on the resulting vacant property that would be used for outside RV storage. She expressed her concern for the visibility of this storage area from the freeway. Mr. Hopkins stated that staff and the City Zoning Commission had approved the site plan which clearly indicated the vacant property would be for boat and RV storage. Council Member Wheatfall stated that he did not have any problem with the storage, but questioned the configuration of the signage on the property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 31 of 36 Mr. Hopkins stated that the signage had not changed from the 2004 site plan. After further discussion, it was determined that the site plan reflected a monument sign on the property. Council Member Haskin expressed concern that the self-storage units usually do not place the signage on poles, but they do place signage on the entire length of the building that faces a freeway. She provided an example of the self- storage facility on US Hwy 377 which reflected a 50 percent off storage sign which was unattractive. She added that where there was going to be a brick wall for the storage there would now be a chain link fence and she hoped that the Council would not allow signage on the outside of the building that faced the freeway and would require the same brick wall to extend on the north side so that the outside storage would not be visible. A lengthy discussion ensued relative to landscaping and fencing on the revised site plan. Council Member Wheatfall made a motion, seconded by Council Member Hicks, that the application of Assured Self Storage for a site plan for property located in the 7700 and 7800 blocks of Ederville Road to amend "PD-563" to change the layout configuration of the mini warehouse units, Site Plan No. SP- 06-001, be continued to April 4, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-004 Council Member Davis made a motion, seconded by Council Member Hicks, Approved that the application of Elk River Investments for a change in zoning of property located at 1700 and 1701 Rogers Road from "I" Light Industrial and"K" Heavy Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06- 004, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-005 It appeared that the City Council, at its meeting of February 14, 2006, SP-06-002 continued the hearing of the application of TDHB, Inc., for a change in zoning of property located at 4217 Pierce Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "F-R" General Commercial Restricted; plus: contractors facilities office, outside storage of trucks, trailers, materials, vehicles and workshop; and with site plan required, Zoning Docket No. ZC-06-005 and Site Plan No. SP-06-002. 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 MARCH 21, 2006 PAGE 32 of 36 Council Member Wheatfall expressed concern about the outside storage of trucks and materials. He stated that he did not see any indication on the site plan of any type of shielding of the uses. Gerry Curtis Mr. Gerry Curtis, 3301 Hamilton Avenue, representing the owner, appeared before Council in support of the zoning change. He explained that the owner purchased the property from the Federal Government and would like to build duplexes on the south part of the property. He added that it was inappropriate to split the zoning on the lot and consequently they were asking for the back portion of the lot to be rezoned for the existing use. He further stated there was a screening fence across the property. There being no one else present desiring to be heard in connection with the application of TDHB, Inc., Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-005 and Site Plan No. SP-06-002 be approved. The motion carried eight (8) ayes to zero (1) nay, with Council Member Hicks casting the descending vote. (Council Member Wheatfall stepped away from the dais.) ZC-06-006 Council Member Jordan made a motion, seconded by Council Member Davis, SP-06-004 that the application of Hi-Lo Auto Supply, L.P., for a change in zoning of Approved property located at 7144 McCart Avenue from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; plus: auto parts store, and with site plan required, Zoning Docket No. ZC-06-006 and Site Plan No. SP-06-004, be approved with the inclusion of the Memorandum of Understanding. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-010 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Jerry Hawkins for a change in zoning of property located at 2811 Northwest 16th Street from "B" Two-Family Residential to "B/HC" Two-Family Residential/Historical and Cultural Overlay, Zoning Docket No. ZC-06-010, be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-022 Council Member Espino made a motion, seconded by Council Member Davis, SP-06-006 that the application of Citgo Petroleum Corporation for a change in zoning of Approved property located 301 Terminal Road from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial; plus: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 33 of 36 petroleum storage (wholesale) and loading, and with site plan required, Zoning Docket No. ZC-06-022 and Site Plan No. SP-06-006, be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-024 Council Member Jordan made a motion, seconded by Council Member Davis, Approved that the application of F.W. 140, LTD, for a change in zoning of property located in the 900 block of Risinger Road from "I" Light Industrial to "K" Heavy Industrial, Zoning Docket No. ZC-06-024, be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. (Council Member Wheatfall returned to his chair at the dais.) ZC-06-026 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Landon Banks Enterprises, L.L.P., for a change in zoning of property located in the 4800 block of Boat Club Road from "A-5" One- Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC- 06-026, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-050 Council Member Hicks made a motion, seconded by Council Member Espino, Continued Until that the application of Amon G. Carter Foundation for a change in zoning of April 11, 2006 property located in the 7500 block of Oak Grove Road from "A-5" One-Family Residential to "J" Medium Industrial, Zoning Docket No. ZC-06-050, be continued to April 11, 2006, to allow the applicant an opportunity to meet with Council Member Hicks and the Highland Hills Neighborhood. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB — ZONING HEARING: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-05-310 Ms. Arlettia Sharp, 2409 McLemore, appeared before Council in opposition of Continued Until the zoning change. She stated that a petition had been signed by various April 4, 2006 members of the neighborhood requesting that the zoning remain single family Arlettia Sharp and requested the Council deny the zoning change. She also stated that the zoning request also omitted various addresses in the 2300 block of McLemore that would be affected by the rezoning. Council Member Espino asked the Law Department to clarify the addresses that would be affected by the zoning change as the information he had indicated that properties in the 2300 block of McLemore would be rezoned. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 34 of 36 Rick Herring Mr. Rick Herring, 7720 Deaver Drive, representing Urban Riverside, Inc., appeared before Council in opposition of the zoning change. He stated that they opposed the rezoning on Race Street, but were in favor of the rezoning on McLemore. City Attorney Yett stated that he had been advised by staff that although the zoning notice was properly posted in the newspaper, the City Council agenda was incorrect and did not include addresses on the 2300 block of McLemore. He recommended that the zoning case be delayed for one week to allow for proper posting as the Council could not take action on an item that was not appropriately noticed under the Open Meetings Act. Council Member Espino made a motion, seconded by Council Member Davis, that the application of the City of Fort Worth for a change in zoning of property located in the (A) 2400 through 2500 blocks of McLemore Street and properties along the north side of Race Street, Zoning Docket No. ZC-05-310, be continued until April 4, 2006 as follows: Approved: City of Fort Worth, 2400 through 2500 blocks of McLemore Street and properties along the north side of Race Street from "B" Two-Family Residential to"A-5" One-Family Residential. Denied: City of Fort Worth, 2424, 2428, 2500, 2502, 2504, 2512, 2528, 2530 Race Street from "B" Two-Family Residential to "A-5" One-Family Residential. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIC—ZONING HEARING: CASE RECOMMENDED FOR DENIAL ZC-05-105 Council Member Hicks made a motion, seconded by Council Member SP-05-025 Wheatfall, that the application of Shellie Scott for a change in zoning of Denied With property located at 5195 Erath Street from "R-l" Zero Lot Line/Cluster Prejudice Residential to "PD/SU" Planned Development/Specific Use for mini warehouses with open covered parking, plus: office/warehouse; and with site plan required, Zoning Docket No. ZC-05-105 and Site Plan No. SP-05-025, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21, 2006 PAGE 35 of 36 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16863-03-2006 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. David Johnson, 4750 FM Road 2264, Decatur, Texas, appeared before Citizen Council in objection to the horse slaughtering industry located on North Grove Presentations Street. David Johnson Mayor Moncrief recognized Mr. Edward J. Malone, 3906 Carey, to speak before the Council; however, Mr. Malone was not present. Council Member Wheatfall stated that Mr. Malone was present earlier to address issues of several horse usages that were springing up around his house. He added that Mr. Malone was put in contact with Code Compliance to resolve his concerns. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 21,2006 PAGE 36 of 36 Agenda Item XVII There being no further business, the meeting was adjourned at 10:07 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 28th day of March, 2006. Attest: Approved: Marty Hen ix Michael J. on ie City Secretary Mayor