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HomeMy WebLinkAbout2006/05/09-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 Present Mayor Mike Moncrief Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Becky Haskin, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:05 p.m. on Tuesday, May 9, 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 Pastor Harold Bullock, Hope Community Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Haskin, the minutes of the regular meeting of May 2, 2006, and minutes of the Minutes City Council Retreat on April 28 and 29, 2006, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Hicks presented a Proclamation for Asian-Pacific American Special Heritage Month to Mr. Kenny Ordonez, President of the Tarrant County Asian Presentations American Chamber of Commerce. Mr. Jason Smith presented the City of Fort Worth with a plaque from the Fort Worth Dog Park Association signifying Fort Worth's dog park, Fort Woof, being recognized as the number one dog park in the country for 2006 by Dog Fancy Magazine and Deramaxx. He commended the work of the City Council, Park and Community Services Department, volunteers, and local businesses to support the park. He also referred to a resolution by the House of Representatives declaring April 29, 2006, as Fort Woof Dog Park Day. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 2 of 33 Mr. Smith also presented a plaque to Council Member Haskin in recognition of her efforts at Fort Woof. Council Member Haskin presented a Proclamation for Jason C. Smith, Mondale and Supergirl Day to Mr. Jason Smith. Mr. Smith stated that the association appreciated the City's partnership and that the dog park had been a win-win situation. Agenda Item VI Council Member Silcox stated that on May 6, 2006, a Citizens' on Patrol Announcements seminar was conducted at the Fort Worth Convention Center. He expressed appreciation to his wife Brenda, Granddaughter Hailey, and numerous officers for collecting $2,320.00 from attendees to benefit the Fort Worth Police and Fire Memorial Fund. He also announced that May 12-16, 2006, 30 Police officers and Brenda would be attending ceremonies for National Police Week in Washington, DC. Council Member Davis reminded everyone that this weekend would be the Fairmount Neighborhood Home Tour, located between 8th Avenue and Hemphill. She stated that it was a wonderful opportunity to see the restoration of that part of the City and encouraged everyone to support the neighborhood. Council Member Espino stated that this Saturday, May 13, 2006, was election day for not only the City Charter Amendment and District 4 Council Member, but also for the Fort Worth Independent School District, Tarrant County Bond elections, and Tarrant Regional Water District. He also announced that yesterday, May 8, 2006, was his daughter Alissa's fifth birthday and expressed his appreciation to his wife and children for the wonderful celebration at Chuck E. Cheese. He sent well wishes to Alissa for her birthday. Council Member Wheatfall announced that the Hispanic Chamber of Commerce would be having their 33rd Annual Gala at the Renaissance Hotel Friday, May 12, 2006, at 6:30 p.m. and encouraged everyone to attend. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15183 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ L-14185 be withdrawn and G-15183 be continued for one week. Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 3 of 33 Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and amended as follows: OCS-1553 M&C OCS-1553 - 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. OCS-1554 M&C OCS-1554 — from the Office of the City Secretary recommending that Liability Bonds the City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Advanced Paving Acquisition, Ltd. Western Surety Company Doall Construction RLI Surety Division Ernie Mills dba Four Point Western Surety Company Construction History Maker, LLC Western Surety Company Horizon Homes, Ltd. Employers Mutual Casualty Company Jackson Construction, Ltd. Insurance Company of the West JMC Concrete, Inc. Western Surety Company M.R. Concrete dba MR Concrete Western Surety Company Mark Madrid dba Indian Rockwater Western Surety Company Concrete Company Optima Builders RLI Surety Division Pavement Services Corporation Western Surety Company Resource Commercial, Inc. Washington International Insurance Company Robert Smart& Susan Smart RLI Insurance Company Sheridan Homes, Inc. Old Republic Surety Company Site Concrete, Inc. Hartford Casualty Insurance Company Stovall Construction, Inc. RLI Insurance Company Victor Garcia dba VG Concrete Western Surety Company G-15184 M&C G-15184 — Accepting monetary donations of $7,000.00 and in-kind Accept Animal donations valued at $20,000.00 from citizens and organizations for use in its Care and Control Public Health Department Animal Care and Control Center for 2005. Center Donations for 2005 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 4 of 33 P-10373 M&C P-10373 — Authorizing a purchase agreement for sanitary sewer service Sanitary Sewer lateral clean-out installation with Miller Pipeline Corporation for the Water Service Lateral Department based on best value with payment due 30 days from receipt of Clean-Out invoice; and authorizing this agreement to begin May 9, 2006, and expire May Installation 8, 2007, with options to renew for two additional one-year periods. P-10374 M&C P-10374 — Authorizing a purchase agreement for overhead door repair Overhead Door with Artex Overhead Door Company for the City of Fort Worth based on sole Repair bid received, with payment due 30 days from invoice date; authorizing this agreement to begin May 9, 2006, and expire May 8, 2007, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". P-10375 M&C P-10375 — Authorizing a purchase agreement for curb stops with Curb Stops National Waterworks, Inc., for the Water Department based on best value, with payment due 30 days after receipt of invoice; and authorizing this agreement to begin May 2, 2006, and expire May 1, 2007, with options to renew for two additional one-year periods. P-10376 M&C P-10376—Recommending that the City Council: Original Equipment 1. Authorize purchase agreements for Original Equipment Manufacturer Manufacturer actuators, parts and repair service with Ducor, Inc., d/b/a Flo Tec and Actuators, Parts Municipal Valve and Equipment Company for the Water Department and Repair based on best value, with payment due 30 days after receipt of invoice; Service Ducor,Inc.,d/b/a Flo Tee Remote Control and Rotork Valve Actuators—Mfg. List Price Less 20 Percent Discount Replacement Parts Mfg. List Price Less Ten Percent Discount Technical Assistance—No Charge Municipal Valve and Auma and Rexa Valve Actuators—Mfg. Equipment Co. List Price Less Ten Percent Discount Auma Parts—Mfg. List Price Less Five Percent Discount Rexa Parts—Mfg. List Price Plus 20 Percent Technical Assistance -$100.00 and $175.00 Per Hour CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 5 of 33 2. Authorize the agreements to begin May 2, 2006, and expire May 1, 2007, with options to renew for two additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10377 M&C P-10377 — Authorizing the sole source purchase of two dry vap Dry Vap automated multi-position concentration systems from Horizon Technology, Automated Multi- Inc., for the Water Department, for an amount not to exceed $39,820.00. The Position shipping cost will be prepaid and added to the invoice with payments due 30 Concentration days after date of invoice. Systems P-10378 M&C P-10378 —Authorizing the purchase of in-car video systems and backseat In-Car Video microphones from Mobile Vision, Inc., for the Police Department using the Systems and Texas Building & Procurement Commission's Agreement 840-A3, for a total Backseat cost not to exceed $57,155.00 with payment due 30 days after receipt of invoice Microphones and freight included in unit price. P-10379 M&C P-10379 — Authorizing the purchase of an Inductively Coupled Plasma Inductively Spectrometer, parts, software and support services from Agilent Technologies Coupled Plasma using the State of Texas Catalog Information Systems Vendor process for the Mass amount not to exceed $159,584.75 for the Water Department. The shipping Spectrometer, cost will be prepaid and added to the invoice with payment due 30 days after Parts Software receipt of the invoice. and Support Services L-14187 M&C L-14187 — Approving the acquisition of 3.149 acres of vacant land Acquire Vacant described as a portion of the Coleman Boyd Survey, Abstract No. 212, Tarrant Land for County, Texas, from B.D. Development, L.P., located in north Fort Worth for Construction of the construction of Fire Station No. 41 (DOE 5217); finding that the price Fire Station No. 41 offered in the amount of $192,000.00 plus an estimated closing cost of approximately $3,000.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 6 of 33 PZ-2675 M&C PZ-2675 — Adopting Ordinance No. 16927-05-2006 vacating and Ord. No. 16927- extinguishing a ten foot wide alley between Crawford Street and Calhoun Street 05-2006 and extended from Leuda Street north to Cannon Street, adjacent to Lots 1 Alley Vacation through 6, Block 40 in Tuckers Addition, an addition to the City of Fort Worth, (VA-05-029) Tarrant County, Texas. C-21435 M&C C-21435 — Authorizing the City Manager to execute a Public Right-of- BSG Pipeline, Ltd. Way Use Agreement with BSG Pipeline, Ltd. (BSG) that grants BSG license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21436 M&C C-21436 — Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, LP (West Fork) that Pipeline Company, grants West Fork license to use certain public rights-of-way of the City of Fort LP Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21437 M&C C-21437 —Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 32372 with Westhill Construction, Inc., in the 1 to CSC No. amount of $34,000.00 for Concrete Restoration 2005-21 at various locations, 32372—Westhill thereby increasing the contact amount to $451,330.00. Construction, Inc. C-21438 M&C C-21438 — Authorizing a transfer from the Water and Sewer Operating Ord. No. 16928- Fund to the Water Capital Projects Fund in the amount of $430,000.00; 05-2006 adopting Appropriation Ordinance No. 16928-05-2006 increasing estimated Third Renewal - receipts and appropriations in the Water Capital Projects Fund in the amount of Westhill $430,000.00 from available funds for the purpose of funding a third renewal of Construction, Inc. the contract with Westhill Construction, Inc., for Utility Cut Repair Contract 2005; and authorizing the City Manager to execute the third renewal of a contract with Westhill Construction, Inc., in the amount of $400,000.00 and a contract period of 300 and 365 calendar days for Utility Cut Repair Contract 2005 revising the total contract to $1,600,000.00. C-21439 M&C C-21439 — Authorizing the execution of one Storm Water Facility KBL II Partners, Maintenance Agreement from KBL II Partners, Ltd. and the Valley Brook Ltd. Homeowner Association, for property located in north Fort Worth(DOE 5086). C-21440 M&C C-21440 — Authorizing the City Manager to apply for and accept a Ord. No. 16929- contract with the Texas Department of Transportation (TxDOT) to operate the 05-2006 Click It or Ticket Selective Traffic Enforcement Program from May 1, 2006, to TxDOT June 30, 2006; and adopting Appropriation Ordinance No. 16929-05-2006 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 7 of 33 increasing estimated receipts and appropriations in the Grants Fund in the amount of $25,000.00, subject to receipt of the grant from the Texas Department of Transportation, for the purpose of funding the Click It or Ticket Selective Traffic Enforcement Program. C-21441 M&C C-21441 —Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 28332, a construction contract with Holloman 2 to CSC No. Corporation for the Castle Circle Lift Station, in the amount of $56,097.11, 28332—Holloman thereby increasing the contract to $900,182.24. Corporation C-21442 M&C C-21442 — Authorizing the City Manager to execute Amendment No. 2 Amendment No. 2 to the engineering agreement with CH2M Hill to develop plans and — C112M Hill specifications for the installation of an intelligent video management system at the major plants and Phase 3 protection system improvements at Water Department facilities, increasing the cost by $399,850.00, for a total contract amount not to exceed $902,650.00 C-21443 M&C C-21443 — Authorizing participation in the Upper Trinity Water Quality Upper Trinity Compact study to investigate the feasibility and benefits of implementing flow- Water Quality based permits for the upper Trinity River in the North Central Texas area. Compact Study The motion carried. End of Consent Agenda. Agenda Item X Council Member Haskin made a motion, seconded by Council Member Presentations by Wheatfall, that Ms. Tobi Jackson be appointed to Place 4 on the Parks and City Council Community Services Advisory Board effective May 9, 2006, and with a term Appointments expiring October 1, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Election of Mayor Council Member Jordan stated that on May 2, 2006, he introduced a Council Pro Tempore Proposal to establish a practice of holding an election on an annual basis for the Mayor Pro tem position. He added that he had reviewed the City Charter which revealed that the Charter specified that the Council would elect a Mayor Pro tem but did not specify a frequency or term, and therefore he was trying to establish a practice of annual review of that position. Council Member Espino made a motion, seconded by Council Member Jordan, that Kathleen Hicks be elected as Mayor Pro tem. Council Member Haskin stated that she would be leaving the Council on May 30, 2006, and a new Council Member would be at her position. She requested CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 8 of 33 that if the election was held on an annual basis that it be held during the last meeting in the month of May to allow the new Council Member to have the opportunity to be a part of the election process. Council Member Silcox stated that he did not agree that the election should be held on an annual or six month basis. He referred to a previous practice of rotating the Mayor Pro tem position every three months which did not succeed. He added that Council Member Hicks was a very intelligent person who cared about her district and that she would do an excellent job as Mayor Pro tem. He suggested that the Council review the process of electing the Mayor Pro tem at a later time as there had been comments of rotating the position. He added that if the position was rotated it only provided an opportunity for two Council Members to serve as Mayor Pro tem. He suggested that the Council start the rotation in May 2007, and that the rotation be conducted every three months to allow each of the eight Council Members the opportunity to serve as Mayor Pro tem. He further stated that if the rotation was not every three months, that the Mayor Pro tem position be the same term as that of Mayor, every two years. Council Member Jordan concurred with Council Member Silcox and requested that procedures for election of the Mayor Pro tem be discussed during a Pre- Council Worksession. Council Member Haskin suggested that the Council look at the criteria for the position and whether the person nominated had the ability to serve on committees or other assignments. Council Member Wheatfall stated that the position of Mayor Pro tem should stand alone regardless of what committees or chairmanships the person had served, but that requirement should actually be a prerequisite for the position. He expressed concerns with tying the position to what committees a person had served on or chairmanships they have held. He commended Council Member Silcox on his tenure as Mayor Pro tem. He expressed his support of Council Member Hicks' nomination as Mayor Pro tem. Mayor Moncrief stated that several citizens wanted to address the Council on this matter and explained that the decision of the Mayor Pro tem was made by the entire City Council. He added that while the position was symbolic in nature, there were responsibilities that went with the job. He stated that Council Member Silcox had served the position well and commended him on his efforts. He advised speakers that the Council would not tolerate personal attacks of any Council Member. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 9 of 33 Council Member Silcox stated that he appreciated everyone's support in favor of him retaining the position of Mayor Pro tem. He added that he resigned last week as he understood that the Council was looking for a Mayor Pro tem with possibly a different thought process. He further stated that Council Member Hicks was an excellent choice. He added that it took a tremendous amount of time to attend all the meetings and asked speakers to respect the decision of the Council. Ellen Tyler Ms. Ellen Tyler, 5621 El Campo Avenue, appeared before Council in support of Council Member Hicks' nomination as Mayor Pro tem. She stated that she represented a different demographic in the City and she would do a good job. She added that she supported the rotation of the Mayor Pro tem position. The following individuals appeared before the Council in support of Council Member Silcox retaining the Mayor Pro tem position. They expressed their admiration for his work ethic and willingness to keep people informed of the issues. Wanda Woodard, Ms. Wanda Woodard 3921 Stonehenge Road Darlia Hobbs, Ms. Darlia Hobbs 8113 Anchorage Place Al Foster, Mr. Al Foster 9617 Lea Shore Street Russ Brainard Mr. Russ Brainard 9309 Mountain Lake Council Member Davis stated that she knew it meant a lot to Council Member Silcox to see so many people in the audience with his name on their lapels. She added that she wanted to dispel the belief that this election was some form of punishment to Council Member Silcox based on positions that he held on the Council. She further stated that he held the very same positions when he was elected as Mayor Pro tem a year ago. She stated that he was elected because it was believed he would be a good representative before the citizens in the absence of the Mayor; a job that he had done very well. She added that this was motivated by Council Member Jordan looking at the City Charter and wanting sincerely to look at the opportunity for the Mayor Pro tem position to rotate, or be reviewed, on a yearly basis. She stated that Council Member Hicks would do an excellent job as Mayor Pro tem, just as Council Member Silcox had, and that she supported her nomination as Mayor Pro tem. Council Member Espino stated that he had tremendous respect for Council Member Silcox and also for Council Member Hicks. He added that he was troubled by modern politics idea that there could not be disagreement on philosophy or issues, and not take it personally. He pointed out that he would like to believe that this City Council, a non-partisan body, put aside those differences for the well-being of the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 10 of 33 Council Member Haskin called for the question, seconded by Council Member Wheatfall. The motion carried unanimously nine (9) ayes to zero (0) nays. The motion to elect Council Member Kathleen Hicks as Mayor Pro tem carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks expressed appreciation for the honor to serve as Mayor Pro tem. She stated that she appreciated following in the footsteps of the City's most senior statesman, Council Member Silcox, who had been a great Mayor Pro tem and a mentor and friend to her time and time again. She added that when she took the oath of office a year ago, she committed to work hard, study the issues, and vote her conscience in every vote and during her tenure she had made no secret of her determination for the City to consider "the other Fort Worth" as referred to by City Manager Boswell during the City Council Retreat held on April 28-29, 2006. She further stated that her commitment to lifting up District 8 remained unchanged and thanks to the unwavering commitment of the Council, the City was seeing unprecedented positive change along the long forgotten corridors of East Berry, Rosedale, and Lancaster. She recognized her friends and family and District 8 residents and assured them that she remained as committed as she ever was. Council Member Silcox stated that he had tapered his outspoken nature during the past year because he felt that some of his beliefs may not have been shared by other residents. He added that he enjoyed the past year and stood by the statement that"democracy was asking questions." Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution designating May 2006 as Workforce Res. No. 3341-05- Development Professionals Month. 2006 Designate May Council Member Wheatfall made a motion, seconded by Council Member 2006 as Workforce Burdette, that Resolution No. 3341-05-2006 be adopted. The motion carried Development unanimously nine (9) ayes to zero (0) nays. Professionals Month CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 11 of 33 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15183 It was the consensus of the City Council that Mayor and Council Continued for One Communication No. G-15183, Adopt Ordinance Approving Dallas/Fort Worth Week International Airport Board Resolution 2006-03-068 Amending Dallas/Fort Worth International Airport Board Resolution No. 88-147, Construction and Fire Prevention Standards to Add Part Nine-Oil and Gas Exploration and Production and to Make Minor Revisions to Existing Standards for Clarification Purposes, be continued for one week. G-15185 There was presented Mayor and Council Communication No. G-15185 from Long Range the City Manager recommending that the City Council adopt the Long Range Public Art Plan Public Art Plan for the Water Fund, as recommended by the Fort Worth Art Commission. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15185 be approved. Council Member Davis expressed appreciation to the Art Commission, chaired by Mark Thistlethwaite and to Martha Peters, Director of the City's Public Art Program. She stated that they did a very thorough job at analyzing use of Water Fund monies for the Public Art program and that their recommendations would serve the City very well. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15186 There was presented Mayor and Council Communication No. G-15186 from Res. No. 3342-05- the City Manager recommending that the City Council adopt a resolution 2006 authorizing the City Attorney to file lawsuits against Verizon, TXU Electric File Lawsuits For Delivery, Tri-County Electric Cooperative, Inc., One Source Communications, Refusal to Pay for and Atmos Energy for refusal to pay for the relocation of utilities located in the Relocation of City right-of-way and in conflict with the widening of Keller Hicks Road, a Utilities Located in City street. City Right-of-Way and Conflict of Council Member Jordan made a motion, seconded by Council Member Espino, Widening Keller that Mayor and Council Communication No. G-15186 be approved and Hicks Road Resolution No. 3342-05-2006 be adopted. Laurie Jardine Ms. Laurie Jardine, legal representative for Verizon facilities in Fort Worth, appeared before Council in opposition to the resolution. She stated that Verizon learned of this agenda item out of coincidence and that the recommendation stated that Verizon and the other utility companies had refused CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 12 of 33 to pay for the relocation, which was not completely correct. She added that the Community Facilities Agreement referenced regarding the widening of Keller Hicks Road, was passed by the Council on April 24, 2006, and Verizon received a letter advising them of the relocation and that they would be responsible for the cost of the relocation. She stated that Verizon sent a letter to the City asking the basis for the cost, approximately $370,000.00, and they did not receive any reference to any legal authority that would require Verizon to cover those costs. She added that the agenda item was premature and asked that the resolution not be adopted, or at least delayed for a few weeks to allow the parties involved to meet and discuss the issues. City Attorney Yett stated that the Council was briefed on this issue last week relative to the legal issues and certainly if there was a way to avoid litigation, the City was looking to do that. He advised the Council that this resolution was simply providing the authority to file a lawsuit and that he would follow up with Ms. Jardine and other representatives at Verizon and if there was not a dispute, there was no need to file the lawsuit. He added that the Council not delay action, but grant the City the authority to file the lawsuit. He assured the Council that City staff would confer with Verizon and the other companies to ensure there was actually a dispute before filing a lawsuit. Ms. Jardine rebutted and advised Council that when a resolution was passed that suggested a lawsuit was going to be filed, the mode changed and everything became more contentious, which was not productive. She reiterated her request to delay this issue for a few weeks to let the parties work out a proposal. Mayor Moncrief stated there was a sense of urgency, especially with the location of this issue, and the challenges in this growing area of the City. He added that the Council did not want to do anything that would slow down the process if it was felt the City needed to move forward. He encouraged the Council to defer to the City Attorney's logic. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15187 There was presented Mayor and Council Communication No. G-15187 from Release Preliminary the City Manager recommending that the City Council authorize City staff to Project and release the preliminary Project and Financing Plans related to the proposed Tax Financing Plans for Increment Reinvestment Zone No. 12, City of Fort Worth, Texas (East Berry Tax Increment Street Corridor TIF), in order to notify other taxing units which levy taxes Reinvestment Zone within the proposed TIF of the intent to establish the TIF and to initiate the No. 12 legal process for designation of that TIF. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 13 of 33 Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15187 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief stated that he was going to use the prerogative of the chair and would move Council Member Davis's items to this portion of the Council meeting to allow her to go home and recover from the flu. C-21446 There was presented Mayor and Council Communication No. C-21446 from the Continued for One City Manager recommending that the City Council authorize the City Manager Week to execute an Enhanced Community Facilities Agreement with Phoenix Property, Inc., in an amount not to exceed $305,100.00 for streetscape enhancements around the Grand Marc Mixed-Use Development Project in accordance with the Berry Street Initiative Streetscape Design Standards. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21446 be continued for one week to May 16, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Regular Zoning It appeared to the City Council that Resolution No. 3337-04-2006 was adopted Hearing on April 18, 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 April 20, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-196A Council Member Davis stated that this was part of the University Place zoning Approved case that was voted on a few weeks ago and when that case was noticed for a vote, it left off this particular address. She added that this was to add the house left out of that zoning case. Council Member Davis made a motion, seconded by Council Member Burdette, that the application of the City of Fort Worth for a change in zoning of property located at 2621 Cockrell Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-196A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 14 of 33 ZC-06-071 Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that SP-06-010 the application of South Sunset Park, L.L.C., for a change in zoning of property Approved located at 5201 James Avenue from "C" Medium Density Multi-Family Residential and "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for a senior living facility, with site plan required, Zoning Docket No. ZC-06-071 and Site Plan No. SP-06-010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-073 Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Approved the application of 3701 Hulen, Ltd., et al., for a change in zoning of property located at 4516, 4520, 4524 and 4528 Valentine Street from "B" Two-Family Residential, "ER" Neighborhood Commercial Restricted and "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "F-R" General Commercial Restricted, with provisions and exclusions described below, and with waiver of site plan recommended, Zoning Docket No. ZC-06-073, be approved with the narrative reflected in Exhibit C included as part of the zoning case. Uses not allowed in PD: 1. Probation or parole office 2. Blood bank 3. Nursing home with full medical services 4. Baseball facility 5. Bowling alley 6. Hotel, motel or inn 7. Leather goods shop 8. Locksmith 9. Mini-warehouses 10. Newspaper distribution center 11. Saddle or harness repair or sales 12. Auto parts supply, retail 13. Auto repair, paint and body shop 14. Car wash, full or self service 15. Service station 16. Vehicle sales or rental The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 15 of 33 ZC-06-075 Council Member Davis made a motion, seconded by Council Member Silcox, Continued Until that the application of Rodney Brown for a change in zoning of property June 13, 2006 located at 4201 Hemphill Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus outside storage of three containers, and with waiver of site plan recommended, Zoning Docket No. ZC-06-075, be continued until June 13, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Davis stepped away from the dais and left the meeting.) G-15188 There was presented Mayor and Council Communication No. G-15188 from Rezone Certain the City Manager recommending that the City Council authorize the City Properties Within Manager to initiate rezoning of certain properties located within Willow Willow Springs Springs Ranch Subdivision, in accordance with the 2006 Comprehensive Plan. Ranch Subdivision in Accordance Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, with 2006 that Mayor and Council Communication No. G-15188 be approved. The Comprehensive motion carried unanimously eight (8) ayes to zero (0) nays, with Council Plan Member Davis absent. G-15189 There was presented Mayor and Council Communication No. G-15189 from FY 2006-07 the City Manager recommending that the City Council authorize the City Funding Manager to submit the City's FY 2006-07 funding application to the Crime Application to Control and Prevention District(CCPD)Board of Directors. Fort Worth CCPD Board of Directors Council Member Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15189 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15190 There was presented Mayor and Council Communication No. G-15190 from Amend CCPD the City Manager recommending that the City Council authorize the City Budget for Manager to submit to the Crime Control and Prevention District(CCPD) Board Funding Summer of Directors an amendment of$370,387.00 to the FY 2005-06 CCPD budget to Strategies for fund the Summer Strategies for continued crime reduction. Continued Crime Reduction Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15190 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 16 of 33 G-15191 There was presented Mayor and Council Communication No. G-15191 from Change Schedule the City Manager recommending that the City Council adopt changes in the of Fees for Schedule of Fees for Vehicles for Hire; authorize changes to the schedule of Vehicles for Hire fees that may be charged for limousine service in the City of Fort Worth to the amounts specified in the schedule; and authorize the changes to the limousine fees to be effective as of January 1, 2006. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15191 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15192 There was presented Mayor and Council Communication No. G-15192 from Ord. No. 16930- the City Manager recommending that the City Council authorize the City 05-2006 Manager to accept a grant donation of $10,000.00 from the American Society Disaster Response for the Prevention of Cruelty to Animals to be utilized by the Animal Care and Plan Grant Control Division of the Public Health Department; and adopt an appropriation Donation for ordinance increasing estimated receipts and appropriations in the General Fund Mobile Emergency in the amount of $10,000.00, subject to receipt of funds from the American Animal Sheltering Society for the Prevention of Cruelty to Animals for purpose of funding mobile Equipment emergency animal sheltering equipment as part of the disaster response plan. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15192 be approved and Appropriation Ordinance No. 16930-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15193 There was presented Mayor and Council Communication No. G-15193 from Ord. No. 16931- the City Manager recommending that the City Council adopt an ordinance 05-2006 amending Chapter 3, "Airports and Aircraft", Article VII "Fort Worth Alliance Amend Ordinance Airport Access", of the Code of the City of Fort Worth, Texas (1986), as No. 10113 to amended, providing categories for aircraft users at Fort Worth Alliance Airport; Amend Chapter 3, to reflect the changes in access fees for aircraft users at Fort Worth Alliance Article VII of City Airport. Code Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15193 be approved and Ordinance No. 16931-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 17 of 33 (Council Member Wheatfall stepped away from the dais.) G-15194 There was presented Mayor and Council Communication No. G-15194 from Ord. No. 16932- the City Manager recommending that the City Council adopt an ordinance 05-2006 amending Sections 35-56(c) of Chapter 35 of the Code of the City of Fort Amend Sections Worth(1986), as amended, by revising and adding certain rates and charges, for 35-56(c) of calculation of retail residential wastewater winter quarter average volumes for Chapter 35 of City billing for the period of April 2006 through March 2007. Code City Attorney Yett stated that the ordinance needed to be amended to reflect "...ninety-two (92)percent..." instead of "...ninety-five (95)percent..." Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15194 be approved and Ordinance No. 16932-05-2006 be adopted as amended. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. G-15195 There was presented Mayor and Council Communication No. G-15195 from Res. No. 3343-05- the City Manager recommending that the City Council approve a resolution 2006 granting conditional consent to the creation of Tucker Ranch Municipal Utility Grant Conditional District(MUD)No. 1 of Parker County, Texas. Consent to Creation of Council Member Burdette made a motion, seconded by Council Member Tucker Ranch Jordan, that Mayor and Council Communication No. G-15195 be approved and MUD No. 1, Resolution No. 3343-05-2006 be adopted. The motion carried seven (7) ayes to Parker County, zero (0) nays, with Council Members Wheatfall and Davis absent. Texas G-15196 There was presented Mayor and Council Communication No. G-15196 from Res. No. 3344-05- the City Manager recommending that the City Council approve a resolution 2006 granting conditional consent to the creation of Tucker Ranch Municipal Utility Grant Conditional District(MUD)No. 2 of Parker County, Texas. Consent to Creation of Council Member Burdette made a motion, seconded by Council Member Tucker Ranch Silcox, that Mayor and Council Communication No. G-15196 be approved and MUD No. 2, Resolution No. 3344-05-2006 be adopted. The motion carried seven (7) ayes to Parker County, zero (0) nays, with Council Members Wheatfall and Davis absent. Texas CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 18 of 33 G-15197 There was presented Mayor and Council Communication No. G-15197 from Ord. No. 16933- the City Manager recommending that the City Council adopt an ordinance 05-2006 amending Chapter 35, "Water and Sewers", Article VI, previously reserved Amend Chapter now to be "Lawn and Landscape Irrigation Conservation", of the Code of the 35,Article VI of City of Fort Worth (1986), as amended, by adding Sections 35-151 through 35- the City Code 153; Section 35-151 to be entitled "Lawn and Landscape Irrigation Restrictions"; Section 35-152 to be entitled "Rain Sensing Devices and Freeze Gauges"; Section 35-153 to be entitled "Variances". Council Member Burdette made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15197 be approved and Ordinance No. 16933-05-2006 be adopted. Nedia Dryden Ms. Nedia Dryden, 7650 Meadowbrook Drive, appeared before Council in opposition of the amendment. She asked if the City would be participating in the water conservation effort and were businesses going to be required to have rain gauges. Mr. Frank Crumb, Water Department Director, stated that there would be a requirement for businesses to have rain and freeze sensors on their irrigation systems, as well as comply with the same watering restrictions as residential customers. He added that there was no requirement for rain gauges and that the City would also comply with the requirements. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. L-14185 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-14185, dated April 25, 2006, Acceptance of 20.901 Acres of Parkland to be Known as C. P. Hadley Park and Facility Improvements from Lewisville 7 Partners, Ltd., and Reimbursement for Park Facility Improvements, be withdrawn from consideration. L-14185 Amended There was presented Mayor and Council Communication No. L-14185 Acquire Parkland Amended, from the City Manager recommending that the City Council accept for Park Facility the dedication of 20.901 acres of parkland situated in the Puerta Tierra Improvements Irrigation Co. Survey, Abstract No. 1831, the J.J. Albirado Survey, Abstract No. 4 and the R.J. Ware Survey, Abstract No. 2008, Tarrant County, Texas, to be known as C.P. Hadley Park and facility improvements from Lewisville 7 Partners, Ltd., in accordance with the 1995 Neighborhood and Community Park Dedication Policy; and authorize the City Manager to reimburse park CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 19 of 33 development costs to Lewisville 7 Partners, Ltd., in the amount of $25,180.07 from the Parks and Community Services Fund, upon acceptance of facility improvements. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14185 be approved with appreciation. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. L-14188 There was presented Mayor and Council Communication No. L-14188 from the Acquire 4039-4113 City Manager recommending that the City Council authorize the payment of West Vickery $135,750.00 to Manor Investment Company, a Texas general partnership to Boulevard for acquire real property for right-of-way of the Southwest Parkway (S.H. 121) Southwest located in the Vickery Corridor (DOE 3777) and estimated closing costs of Parkway (S.H. $1,843.00; and authorize the appropriate City representatives to execute the 121) documents necessary to complete the purchase located at 4039-4113 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 68, described as 0.279 acres, more or less, being the remainder of Lots 34 and 35, Block 4, of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and a portion of the north half of a vacated 16' alley. Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14188 be approved. The motion carried seven (7) ayes to zero (0) nays with Council Members Wheatfall and Davis absent. L-14189 There was presented Mayor and Council Communication No. L-14189 from the Acquire 4367 West City Manager recommending that the City Council authorize the payment of Vickery Boulevard $425,978.00 to Mrs. Phillip K. Thomas a/k/a Anna Belle Thomas to acquire for Southwest real property for right-of-way of the Southwest Parkway (S.H. 121) located in Parkway (S.H. the Vickery Corridor(DOE 3777) and estimated closing costs of$3,445.00; and 121) authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4367 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel No. 85, described as 1.219 acres, more or less, being the remainder of Lots 1, 2, 3, 4, 5 and 6, Block 2 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas. (Council Member Wheatfall returned to his chair at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 20 of 33 Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14189 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2676 There was presented Mayor and Council Communication No. PZ-2676 from the Ord. No. 16934- City Manager recommending that the City Council adopt an ordinance vacating 05-2006 and extinguishing a portion of Terrell Avenue adjacent to Lot 48, Tuckers Street Vacation Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and Lot (VA-05-026) 1G, Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2676 be approved and Ordinance No. 16934-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2677 There was presented Mayor and Council Communication No. PZ-2677 from the Ord. No. 16935- City Manager recommending that the City Council adopt an ordinance vacating 05-2006 and extinguishing a portion of Calhoun Street from Leuda Street to Cannon Street Vacation Street and adjacent to Lots 2, 5 and 6, Block 40 and Block 47 in Tuckers (VA-05-028) Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2677 be approved and Ordinance No. 16935-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21444 There was presented Mayor and Council Communication No. C-21444 from the Joseph P. Frank City Manager recommending that the City Council approve a five-year and Erin J. Frank Municipal Property Tax Abatement for a property located at 1330 Alston Avenue owned by Joseph P. Frank and Erin J. Frank in the Magnolia Village Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with Joseph P. Frank and Erin J. Frank are true and correct; and authorize the City Manager to enter into a five- year Tax Abatement Agreement with Joseph P. Frank and Erin J. Frank for the property in 1330 Alston Avenue in the Magnolia Village Neighborhood Empowerment Zone in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 21 of 33 Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21444 be approved. The motion carried seven (7) ayes to one (1) nays, with Council Member Davis absent and Council Member Silcox casting the descending vote. C-21445 There was presented Mayor and Council Communication No. C-21445 from the BJYTexas, Inc. City Manager recommending that the City Council authorize the City Manager to enter into a contract with BJYTexas, Inc., for plan review services with the Development Department for a period beginning with the execution of the contract and terminating on September 30, 2006, in the amount not to exceed $210,000.00; and provide for three one-year renewals contingent upon appropriation of funds. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21445 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21447 There was presented Mayor and Council Communication No. C-21447 from the Dennehy City Manager recommending that the City Council authorize the City Manager Architects,Inc. to execute a $113,189.00 consultant agreement with Dennehy Architects, Inc., for design and construction phase services for the Shamblee Branch Library proj ect. Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21447 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21448 There was presented Mayor and Council Communication No. C-21448 from the Tarrant County City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the demolition of structures and the removal of debris located at 3409 Harley Avenue to prepare the site for a parking lot to serve the Will Rogers complex. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21448 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 22 of 33 C-21449 There was presented Mayor and Council Communication No. C-21449 from the Peachtree City Manager recommending that the City Council authorize the City Manager Construction, Ltd. to execute a contract with Peachtree Construction, Ltd., in the amount of $1,213,496.00 for HMAC Surface Overlay 2006-3 at various locations. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21449 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21450 There was presented Mayor and Council Communication No. C-21450 from the JLB Contracting, City Manager recommending that the City Council authorize the City Manager LP to execute a contract with JLB Contracting, LP, in the amount of$1,174,038.10 for HMAC Surface Overlay 2006-4 at various locations. Mr. Robert Goode, Transportation and Public Works Department Director, responded to Council Member Wheatfall's inquiry relative to this item and C- 21449 being bond election funds or on-going street maintenance by stating this was part of the City's on-going general operating budget. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21450 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21451 There was presented Mayor and Council Communication No. C-21451 from the Ord. No. 16936- City Manager recommending that the City Council: 05-2006 Ord. No. 16937- 1. Adopt an appropriation ordinance increasing estimated receipts and 05-2006 appropriations in the Culture and Tourism Fund in the amount of Southwestern Bell $2,100,420.79 and decreasing the unreserved, undesignated fund Telephone, L.P. balance for the purpose of transferring said funds to the Specially Funded Capital Projects Fund to execute a Custom Work Order Agreement with Southwestern Bell Telephone, L.P., for the relocation of existing facilities located on Houston Street in order to clear storm drain for the City of Fort Worth Parking Garage and the Omni Hotel Proj ect; 2. Authorize the transfer of$2,100,420.79 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 23 of 33 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,100,420.79 for the purpose of funding a Custom Work Order Agreement with Southwestern Bell Telephone, L.P., for the relocation of existing facilities located on Houston Street in order to clear storm drain for the City of Fort Worth Parking Garage and the Omni Hotel Project; and 4. Authorize the City Manager to execute a Custom Work Order Agreement with Southwestern Bell Telephone, L.P., under which the City will make payments under protest totaling $2,100,420.79 for the relocation of existing facilities located on Houston Street in order to clear storm drain for the City of Fort Worth Parking Garage and the Omni Hotel Project. Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21451 be approved and Appropriation Ordinance Nos. 16936-05-2006 and 16937-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21452 There was presented Mayor and Council Communication No. C-21452 from the Youth Sports City Manager recommending that the City Council authorize the City Manager Council of Fort to execute an amendment to the agreement with the Youth Sports Council of Worth, Inc. Fort Worth, Inc., a local chapter of The First Tee of Fort Worth, to develop and operate a practice facility and teaching center at Rockwood Golf Course. The following individuals appeared before the Council in support of the practice facility at Rockwood Golf Course: Vicki Lynch, Ms. Vicki Lynch 8016 Morning Lane Jim Houser, Mr. Jim Houser 5308 Lambeth Lane David Mr. David McSpadden 501 N. College Street, Waxahachie, Texas McSpadden, Ms. Janet Herald 3701 Hilltop Road Janet Herald (Chair, The First Tee of Fort Worth) Ramon Romero Mr. Ramon Romero, Jr., 421 Conner Avenue, appeared before Council in opposition of the practice facility at Rockwood Golf Course. He stated that although he supported The First Tee and Youth Sports Council, he questioned the loss of the nine holes of golf at Rockwood Golf Course which was the best 9 holes of golf and the only place a person could play golf on the Trinity River. He suggested using the public driving range at Cobb Park because of its size. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 24 of 33 Council Member Espino stated that he appreciated the comments of Mr. Romero and that this had been a very extensive process through the Golf Advisory Committee. However, he believed this program at Rockwood Golf Course would revolutionize golf in the City. He added that the programs would benefit the beginner golfer and that Rockwood Golf Course was more accessible by public schools and that the City was getting an incredible return on the investment. He further stated that the positives of the program far outweighed any loss of the 9 holes at Rockwood Golf Course. He urged the Council to approve the M&C. Council Member Wheatfall expressed concern with Mr. Romero's comments relative to the loss of one of the City's greatest golf assets. He asked staff to address the comments in terms of ranking of golf courses, i.e., beauty, amenities, and difficulty level, in the City. Mr. Randle Harwood, Parks and Community Services Department Acting Director, stated that Rockwood Golf Course was more than a driving range; it was a teaching and learning facility with a driving range, putting green, a chipping facility, and other amenities. He added that there were currently 27 holes at Rockwood Golf Course and the City would be giving up 9 holes to create the driving range and teaching facility. He further stated that the 9 holes along the river were currently not maintained at the same level as the rest of the golf course, and there would be 18 holes remaining. He added that there were no funds or use level at the golf course to support a 27-hole golf course, and that a revenue generating mechanism was needed to increase revenue. Mayor Moncrief advised this was a recommendation of the Golf Advisory Board and people who had some of the concerns who used the course. He encouraged the Council to support this proposal, not only to generate the revenue, but also to take some of that revenue and put it back into this course and others to upgrade the quality of the courses in the City. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21452 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 25 of 33 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-015 Council Member Wheatfall made a motion, seconded by Council Member Approved Espino, that the application of Patrick G. Todd for a change in zoning of property located at 3200 and 3220 Vine Street from "AG" Agricultural to "A- 10" One-Family Residential, Zoning Docket No. ZC-06-015, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-019 Council Member Wheatfall asked what type of wall would be along Trinity Approved Boulevard. H. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing the applicant, stated that a masonry wall on Trinity Boulevard would be constructed. Mr. John Garfield, Development Department Assistant Director, recommended that since there was no site plan associated with this zoning case, that the zoning be changed to "PD/SU" Planned Development Specific Use for all uses in "A-5" One-Family Residential plus 6-foot masonry wall along Trinity Boulevard and waiver of site plan. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that the application of Tarrant Acquisition, Ltd., for a change in zoning of property located in the 9300 block of Trinity Boulevard from "AG" Agricultural and "0-2" Floodplain District to "A-5" One-Family Residential, Zoning Docket No. ZC-06-019, be approved by amending the zoning to "PD/SU" Planned Development Specific Use for all uses in "A-5" One-Family Residential plus 6-foot masonry wall along Trinity Boulevard and waiver of site plan. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Members Espino and Jordan stepped away from the dais.) ZC-06-021 Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, Continued Until that the application of Midway Industrial Trust for a change in zoning of June 13, 2006 property located in the 12000 block of Trinity Boulevard from "J" Medium Industrial to (Tract 1) "PD/SU" Planned Development/Specific Use for "R-2" Townhouse/Cluster Residential subject to the following, no front entry garages, and with waiver of site plan recommended, and (Tract 2) "E" Neighborhood Commercial, Zoning Docket No. ZC-06-021, be continued until June 13, 2006: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 26 of 33 1. Masonry: All dwelling structures located along and visible from the Texas Star Golf Course will have effectively 100 percent rear masonry, and 90 percent masonry on the ground floor of all structures, excluding windows, doors and small areas not designed or engineered for masonry; 2. Fencing: Will be constructed of tubular steeling fencing material and installed along the common property boundary lines contiguous with the subject property and Texas Star Golf Course. Fencing will not be less than 4-feet in height, and shall be painted black or bark brown in accordance with customary industry standards; 3. Minimum Square Footage: Dwelling Units in the various structures (individual pods) will have a minimum size of 1,250 square feet of living area, excluding garage, porches and patios, the 1,250 square feet units will be limited to a maximum of one such unit per pod, all other units will have a minimum size of 1,450 square feet living area, excluding garages, porches and patios; 4. Garages: All dwelling units will have two (2) car, front entry garages; and 5. Maximum Dwelling Units Per Structure: No individual dwelling units will exceed a maximum of six (6) attached dwelling units. The motion carried six (6) ayes to zero (0) nays, with Council Members Espino, Jordan, and Davis absent. (Council Member Espino returned to his chair at the dais.) ZC-06-027 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the Enclaves of Spring Magnolia II, L.L.C., for a change in zoning of property located in the 6300 block of W.J. Boaz Road from "R-2" Townhouse/Cluster Residential, "C-R" Low Density Multi-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-027, be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Jordan and Davis absent. (Council Member Jordan returned to his chair at the dais.) ZC-06-044 Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, Approved that the application of the City of Fort Worth for a change in zoning of property located at 5400 and 5401 Van Natta Lane from "C" Medium Density Multi- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 06-044, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 27 of 33 ZC-06-053 Council Member Espino made a motion, seconded by Council Member Jordan, Approved that the application of the City of Fort Worth for a change in zoning of property located at 1032 Nelson Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-053, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-077 Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, Approved that the application of Buffer L.L.C., for a change in zoning of property located in the 8900 block of Boat Club Road from "A-5" One-Family Residential to "AG" Agricultural, Zoning Docket No. ZC-06-077, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-079 Council Member Silcox made a motion, seconded by Council Member Espino, Approved that the application of Westbriar Town Estates, et al., for a change in zoning of property located in the 4900 block of Westbriar Drive from "R-l" Zero Lot Line/Cluster Residential to "PD/SU" Planned Development/Specific Use for single family development as described below, with waiver of site plan recommended, Zoning Docket No. ZC-06-079, be approved: Minimum Lot Area 5,000 square feet Minimum Lot Width 45 feet nominal lot width,no minimum at the front building line Max. Lot Coverage There shall be no maximum lot coverage limit as long as the allowable setbacks are met Front Yard 0 feet minimum Rear Yard 0 feet minimum (however,the setback shall be a minimum of ten feet from any existing residential structure. See notes below) Side Yard 0 feet minimum (however,the setback shall be a minimum of ten feet from any existing residential structure. See notes below) Note: 1. The front, rear or side yards specified above shall not be subject to projected yards or setback averaging. 2. The rear or side yards shall in all events be governed by the ten foot setback from any CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 28 of 33 existing residential structure. Zig-zag structures are allowed as long as the ten foot separation is met Height Three stories or 32 feet maximum,measured from first finish floor to top of plate. Buildings having a basement below the first floor will be allowed an additional 12 feet measured from the first level finish floor to the lower basement finish floor. Parking Two spaces per dwelling unit, located behind the front building line. In addition,there shall be maintained a minimum of 50 spaces in the common areas of the development. Signage Allowed as per A-5 one-family district Fencing Fences and solid masonry walls eight feet in height may be allowed within the front, rear and side yard setback. Supplemental standards In Chapter 6,Article 5, of the Zoning Ordinance shall not apply. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-080 Council Member Silcox made a motion, seconded by Mayor Pro tern Hicks, SP-06-011 that the application of Aguilar Children's Trust for a change in zoning of Approved property located at 2700 Green Oaks Road from "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial, plus hotel, and with site plan required, Zoning Docket No. ZC-06- 080 and Site Plan No. SP-06-011, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-081 Mayor Pro tern Hicks made a motion, seconded by Council Member Espino, Continued Until that the application of 2006 Country Heather, L.P., for a change in zoning of June 13, 2006 property located in the 7600 through 7700 blocks of Forest Hill Drive from "M- H" Manufactured Housing to"A-R" One-Family Residential Restricted, Zoning Docket No. ZC-06-081, be continued until June 13, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 29 of 33 ZC-06-082 Council Member Wheatfall made a motion, seconded by Council Member Approved Espino, that the application of Klasey Properties for a change in zoning of property located at 2813 Stark Street from "D" High Density Multi-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-06-082, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (See reconsideration of this zoning case after ZC-06-083.) ZC-06-083 Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, Approved that the application of Klasey Properties for a change in zoning of property located at 2620 LaSalle Street from "E-R" Neighborhood Commercial Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-06-083, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. Reconsideration of Council Member Wheatfall made a motion, seconded by Council Member ZC-06-082 Jordan, that Zoning Docket No. ZC-06-082 be reconsidered. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-082 Council Member Wheatfall made a motion, seconded by Council Member Approved Espino, that the application of Klasey Properties for a change in zoning of property located at 2813 Stark Street from "D" High Density Multi-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-06-082, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding the sale of alcohol not associated with food and waiver of site plan. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. ZC-06-085 Council Member Espino stated that this was a City-initiated rezoning of Approved Fostepco Neighborhood in the Diamond Hill area of City. He recognized Mr. Ron Shearer, President of the Diamond Hill Jarvis Neighborhood Advisory Council, and expressed appreciation for his assistance with the notices and encouraging the neighborhood to support the rezoning. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the application of the City of Fort Worth for a change in zoning of property located at 3822 North Elm Street, et al., from "B" Two-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-085, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 30 of 33 AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-05-311 Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, Denied that the application of the City of Fort Worth for a change in zoning of property located in the 2400 through 2500 blocks of Marshall Avenue and 409 and 417 North Sylvania Avenue from "B" Two-Family Residential, "C" Medium Density Multi-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-311, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16938-05-2006 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 eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Member Wheatfall stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 31 of 33 Item XVI Dr. Byron de Sousa, 7733 Blossom Drive, representing various organizations Citizen and businesses, appeared before Council relative to bicycle trails and lanes as a Presentations means of transportation in Fort Worth. He requested that the Council put into Byron de Sousa place the seventh strategic goal of the City relative to improving mobility and air quality for Fort Worth residents, by making bicycles an integral element of Fort Worth's urban transport. (Council Member Wheatfall returned to his chair at the dais.) Jim Wilson Mr. Jim Wilson, 7200 Royal Oak Drive, President of the Lockheed Martin Recreational Association Bicycle Club of Fort Worth, appeared before Council and asked that the Council refocus their attention on bicycling as an alternate form of transportation. He asked the Council to turn their attention to the City's transportation plan as the bicycle routes have be awaiting start since 1999. Kyle Carr Mr. Kyle Carr, 2700 Whitestone Ranch Road, Vice President of the Lockheed Martin Recreational Association Bicycle Club of Fort Worth, appeared before Council relative to bicycle trails and lanes as a means of transportation in Fort Worth. He advised the Council of Lockheed Martin's pilot program to install male and female shower facilities and bicycle racks at two of their buildings to support employees who travel to work on bicycles or other alternate forms of transportation. He urged the Council to implement their mobility program. Mayor Moncrief stated that the City and Council had done a very good job on the bicycle trails, and it was an on-going project and that the Council appreciated the use of bicycles as an alternate means of transportation. He asked the staff to provide a report on the status of bicycle trails and expressed appreciation to everyone in the audience in support of this issue. Council Member Burdette stated that it was important for the staff to look into this and identify 1, 2, or 3 routes for bike lanes that could be identified with employers such as Lockheed Martin that would participate and facilitate people who would travel by bicycle. He urged the staff to work with the cyclists to locate some routes in the City. (Mayor Pro tem Hicks and Council Member Wheatfall stepped away from the dais.) Will Dryden Mr. Will Dryden, 7650 Meadowbrook Drive, appeared before the Council relative to the City's ordinance on natural gas drilling. He commended the Task Force committee's efforts and stated that he and other residents supported most of their recommendations. He advised the Council that a majority of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 9, 2006 PAGE 32 of 33 mineral owners in his area signed contracts with Dale Resources for recovery of natural gases of a well at Meadowbrook and Cooks Lane, but that the City would not allow the drilling to take place because of distance requirements, which would result in the mineral owners loss of their rights for recovery of their minerals. He requested the Council's assistance to resolve this issue. Assistant City Attorney Sarah Fullenwider stated that the Task Force was recommending that if the 600 foot distance was adopted by the Council, that the Council also adopt a waiver process. She added that if all the residents within the 600 foot requirement sign a waiver, drilling could take place within 200 feet of a residence or there could be a variance process to the Council. Mayor Moncrief stated that there were a number of people present to address the Council relative to the Fort Worth Brahmas. He added that the Council listened to the staff's recommendations and usually heeded their advice. He further stated that staff's recommendation on the Brahmas based on certain considerations and conditions which he would address at the end of citizen presentations. He advised everyone that the Council or City staff would not be subject to personal attacks on their conduct of the City's business and the speaker time limits would be adhered to. The following individuals appeared before Council in support of the Fort Worth Brahmas. They commended the Brahmas' charity endeavors and contributions to Fort Worth, area schools, and other organizations and asked the Council to reconsider keeping the Fort Worth Brahmas' in Fort Worth and that an impartial mediator be used to resolve contract issues. Tim Zemens, Mr. Tim Zemens 3133 Watercress Circle, Arlington, Texas Betty Westmoreland, (Mayor Pro tem Hicks returned to her chair at the dais.) Larry Westmoreland, Ms. Betty Westmoreland 4500 Diaz Avenue Chris Bradford, Mr. Larry Westmoreland 4500 Diaz Avenue Gina Evans, Jeff Bowerman, (Council Member Wheatfall returned to his chair at the dais.) Gigi Goesling Mr. Chris Bradford 14232 Tijuana Trail, Haslet, Texas Ms. Gina Evans 198 CR 4655, Rhome, Texas Mr. Jeff Bowerman 3413 Riveroad Court Ms. Gigi Goesling 4301 Kenwood Court CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 9,2006 PAGE 33 of 33 John Castro Mayor Moncrief acknowledged Mr. John Castro, 225 Pebblestone Drive, Benbrook, Texas, as wishing to address the Council relative to bicycle trails and lanes as a means of transportation; however, Mr. Castro was not present in the Council Chamber. Mayor Moncrief stated that the Council appreciated everyone who attended the Council meeting to express their support of the Brahmas. He added that the team has given a great deal back to the Fort Worth community and to many charities. He further stated that the City had always negotiated with the Brahmas in good faith, but the challenge was with the dates of the games and dollars, and that was a challenge the Council could not ignore as stewards of the City. He pointed out that this was not a direction the Council would have preferred; however, it was based on the advice and counsel from City staff to move the City forward. Agenda Item XVII There being no further business,the meeting was adjourned at 9:57 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 16th day of May, 2006. Attest: Approved: f�N &Jfl�c� V I- LL'tv' Marty H Brix Mic ael J. oncr' f City Secretary Mayor