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HomeMy WebLinkAbout2006/05/02-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 Present Mayor Mike Moncrief Mayor Pro tem Chuck Silcox, District 3 Council Member Salvador Espino, District 2 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 7:08 p.m. on Tuesday, May 2, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item H The invocation was given by Pastor Larry Adkisson, Metropolitan Baptist Invocation Church. 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 Approval of Wheatfall, the minutes of the regular meeting of April 25, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Mayor Moncrief acknowledged Boy Scouts from Troop 343, Longhorn Council Roadrunner District, and their troop leaders in the audience. He added that the scouts were attending the Council meeting working towards their Citizenship in the Community and Communications badges, and that the scouts were from Richland Hills, North Richland Hills, Haltom City, and the River Trails area. (Council Member Wheatfall stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 2 of 18 Agenda Item V Council Member Espino presented a Proclamation for the National Day of Special Prayer to a representative of the Tarrant County Coordinator for the National Presentations Day of Prayer. Mayor Pro tem Silcox read a Proclamation for Motorcycle Awareness Month. The recipient was not present at this time. (Council Member Davis assumed her chair at the dais.) City Secretary Hendrix stated that the presentation by Mr. Jason Smith, would be rescheduled for May 9, 2006. Agenda Item VI Council Member Davis announced that the Fairmount Southside Historic Announcements District Home Tour would be held over Mother's Day weekend May 13th and 14th° and invited everyone to purchase a ticket for the tour. She stated that proceeds from this fundraising event would be used for improvements to the Fairmount Historic District. Council Member Espino announced that Cinco de Mayo was this weekend, starting with a parade on north side on Central Avenue at 10:00 a.m. and that later that evening a fiesta would be held at All Saints Catholic Church with Mexican food and live entertainment. He added that all proceeds would benefit the All Saints Catholic Church Community Center Fund. He also announced that on May 6, 2006, at 11:00 a.m., a meeting of the North Fort Worth Neighborhood Alliance would be held at Beef O'Brady's Restaurant on Golden Triangle off 13 5W North. Council Member Hicks expressed appreciation to Bridgette Garrett, Budget and Management Services Department Director, for providing a briefing to the District 8 Advisory Board about the upcoming budget process. She also expressed appreciation to her Council Aide, Jinnell Killingsworth for arranging the meeting. She added that there would be a Code Ranger training class at Morningside Elementary School from 9:00 a.m. to 4:00 p.m. in conjunction with the southside pride effort that was happening in the area. She commended the Code Compliance Department for cleaning up the area, but stated that citizens also needed to be involved in the effort. She further stated that MayFest would begin this weekend and hoped to see everyone out at Trinity Park. Mayor Pro tem Silcox announced that last night he and Council Member Burdette attended a Joint Land Use Committee meeting along with City staff and representatives of the Naval Air Station Joint Reserve Base (NAS JRB). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 3 of 18 He stated that the purpose of the meeting was to discuss the possibility of more military base closings under the Base Realignment and Closure (BRAG) program, and what actions could be taken to ensure the continued operation of the NAS JRB in Fort Worth. He pointed out the significant economic importance of the base to not only Fort Worth but also other municipalities and that Congresswoman Kay Granger had stated that 40,000 jobs would be lost if the base closed. He added that the Committee would look at the land use around the base and the impact of noise level on possible residential communities that could be built on the vacant land. He further stated that the meeting was the first of many to be held and that property owners in this area needed to get involved and provide input to the Committee on various issues. (Council Member Wheatfall returned to his chair at the dais.) Council Member Burdette echoed Mayor Pro tem Silcox's comments and stated that the base closure issue not only affected Fort Worth and the NAS JRB, but also the communities of Lake Worth, White Settlement, and others. He added that the Joint Land Use Committee would be under the auspices of the North Central Texas Council of Governments who would be responsible for calling the meetings and handling the administration of the Committee meetings. He stated that each of the cities would have representatives on the committee and that the purpose of the study was to come up with some recommendations that would benefit the base and protect the rights of property owners around the base. He further stated that the Committee would operate for several months and then present its findings to the cities involved for their action. Council Member Wheatfall announced that the McDonald YMCA would conduct its Third Annual National Teen Pregnancy Awareness Day on May 3, 2006, at 6:30 p.m., at 2400 East Berry Street. He added that a public meeting on the planned pavement reconstruction and water and sanitary sewer improvements would also be conducted on May 3, 2006, at 6:30 p.m. at the Martin Luther King, Jr. Center. He further stated that he would like to wish his aunt a very happy 83rd birthday. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 4 of 18 Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1552 M&C OCS-1552 — from the Office of the City Secretary recommending that Claims the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. P-10366 M&C P-10366 — Authorizing a purchase agreement for wooden utility poles Wooden Utility with Texas Electric Cooperatives, Inc., for the Transportation/Public Works Poles Department based on best value with freight included in unit cost and payment due 30 days after receipt of invoice; authorizing this agreement to begin May 9, 2006, and expire May 8, 2007, with options to renew for two additional one- year periods; and authorizing 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-10367 M&C P-10367—Recommending that the City Council: Turbo Water Meters, Parts and 1. Authorize purchase agreements for turbo water meters, parts and repair Repair Service service with AMCO Water Metering Systems, Inc., and National Waterworks, Inc., for the Water Department based on low bid meeting specifications, with payment due 30 days after receipt of invoice; AMCO Water Metering Systems, Inc. —Items 1, 2, 3, 5, 6, 7 and 8 National Waterworks, Inc. —Items 4, 5a, 6a, 7a and 8a 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 this award in accordance with the Texas Local Code, 271.102 "Cooperative Purchasing Program". P-10368 M&C P-10368 — Authorizing a purchase agreement for Audio Visual Material Audio Visual with Book Wholesalers, Inc., and Baker & Taylor for the Library Department Materials based on best value with freight included in the unit cost and payment due 30 days after receipt of invoice; and authorizing this agreement to begin May 2, 2006, and expire on May 1, 2007, with options to renew for four additional one- year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 5 of 18 P-10369 M&C P-10369 — Authorizing a purchase agreement for aggregate, flexible Aggregate, base, type A, grade 1, road materials from HJG Trucking Company for the Flexible Base, Transportation/Public Works Department based on the low bid of $10.69 per Type A, Grade 1, ton, freight included, with payment due 30 days after receipt of invoice; and Road Materials authorizing this agreement to begin May 2, 2006, and expire May 1, 2007, with options to renew for two additional one-year periods. P-10370 M&C P-10370 — Authorizing a sole source purchase agreement for Original Original Equipment Manufacturer Dresser Roots centrifugal blower components, parts Equipment and repair service with Roots — Dresser Inc., for the Water Department with Manufacturer shipping prepaid and added to the invoice. Payment due 30 days from the date Dresser Roots of the invoice; and Centrifugal Blower Dresser Roots Centrifugal Blower Manufacturer's List Price Components, Components and Repair Parts Less Five Percent Discount Parts and Repair Service Repairs/Overhaul to Existing $110.00 Per Hour Blowers Technical Assistance for On-Site List Price Less Five Percent Repairs Discount Authorizing this agreement to begin May 2, 2006, and expire May 1, 2007, with options to renew for two additional one-year periods. P-10371 M&C P-10371 — Authorizing the purchase of three Bullard thermal imagers Bullard Thermal with accessories and rescue equipment from Metro Fire Apparatus Specialists, Imagers Inc., through the Houston Galveston Area Council Cooperative Purchasing Program in the amount not to exceed $41,818.5 1. P-10372 M&C P-10372 — Authorizing an annual sole source software maintenance Sole Source agreement with Accela, Inc., for the Development Department for a sum of Software $26,273.00 with payment due 30 days after receipt of invoice. Maintenance Agreement PZ-2673 M&C PZ-2673 — Adopting Ordinance No. 16916-05-2006 vacating and Ord. No. 16916- extinguishing a portion of West Terrell Avenue located adjacent to Lot 1R1, 05-2006 Block 1, Vandervoort Addition, an addition to the City of Fort Worth, Tarrant Street Vacation County, Texas, and Block 28 of Tucker's Addition, Tarrant County, Texas. (VA-05-034) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 6 of 18 C-21422 M&C C-21422 — Authorizing the rescinding of an award of contract to HDR, Rescind Contract Inc., in the amount of $102,656.00 for pavement reconstruction and water and with HDR, Inc., sanitary sewer main replacement on Geddes Avenue (Horne Street to Littlepage and Execute Street) and Halloran Street (Libbey Avenue to South Dead End); and Contract with authorizing execution of a contract with HDR Engineering, Inc., in the amount HDR Engineering, of$102,656.00 for pavement reconstruction and water and sanitary sewer main Inc. replacement on Geddes Avenue (Horne Street to Littlepage Street) and Halloran Street(Libbey Avenue to South Dead End) (City Project No. 00291). C-21423 M&C C-21423 — Authorizing the City Manager to authorize the cancellation of Cancel CSC No. City Secretary Contract No. 31989 with Texas Jet, Inc.; and authorizing 31989 with Texas execution of a Right of First Refusal Agreement in favor of Group Holdings Jet, Inc., and EG, Inc., for lease site 2W at Fort Worth Meacham International Airport. Execute Right of First Refusal Agreement with Group Holdings EG, Inc. C-21424 M&C C-21424 —Authorizing the City Manager to execute Change Order No. 3 Change Order No. to City Secretary Contract No. 28378 with Eagle Construction and 3 to CSC No. Environmental Services, Inc., to provide additional funds in the amount of 28378—Eagle $92,025.09 for disposal of residual sewage sludge and liquid in Digester No. 9 Construction and at the former Riverside Wastewater Treatment Plant, increasing the contract Environmental amount to $698,307.64. Services, Inc. C-21425 M&C C-21425 — Authorizing the transfer of$990,000.00 from the Lake Worth Ord. No. 16917- Infrastructure Escrow Account to the Water and Sewer Operating Fund; 05-2006 adopting Appropriation Ordinance No. 16917-05-2006 increasing estimated Ord. No. 16918- receipts and appropriations in the Water and Sewer Operating Fund in the 05-2006 amount of $990,000.00 from available funds for the purpose of funding a William J. Schultz, transfer to the Sewer Capital Projects Fund for a contract with William J. Inc., d/b/a Circle Schultz, Inc., d/b/a Circle "C" Construction Company for the construction of "C" Construction the Lake Worth South Shore Grinder Pump Installation; authorizing the transfer Company of$990,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopting Appropriation Ordinance No. 16918-05-2006 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $990,000.00 from available funds for the purpose of funding a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for the construction of the Lake Worth South Shore Grinder Pump CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 7 of 18 Installation; and authorizing the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for the construction of the Lake Worth South Shore Grinder Pump Installation in an amount not to exceed $968,630.00. C-21426 M&C C-21426 — Authorizing the City Manager to execute an agreement with Water Prospecting Water Prospecting and Resource Consulting, LLC, to conduct Phase II of the and Resource Water System Optimization Program in an amount not to exceed $425,600.00. Consulting, LLC C-21427 M&C C-21427 — Authorizing the transfer of$111,568.00 from the Lake Worth Ord. No. 16919- Infrastructure Escrow Account to the Water and Sewer Operating Fund; 05-2006 adopting Appropriation Ordinance No. 16919-05-2006 increasing estimated Ord. No. 16920- receipts and appropriations in the Water and Sewer Operating Fund in the 05-2006 amount of $111,568.00 from available funds for the purpose of funding a Turner Collie and transfer to the Sewer Capital Projects Fund for a contract with Turner Collie Braden and Braden for engineering services for the Woodvale Sanitary Sewer Extension Project; authorizing the transfer of $111,568.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopting Appropriation Ordinance No. 16920-05-2006 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$111,568.00 from available funds for the purpose of funding a contract with Turner Collie and Braden for engineering services for the Woodvale Sanitary Sewer Extension Project; and authorizing the City Manager to execute a contract with Turner Collie and Braden for engineering services for the Woodvale Sanitary Sewer Extension Project, for a total contract amount not to exceed $107,730.00. C-21428 M&C C-21428 — Authorizing the City Manager to enter into an agreement with Ord. No. 16921- the Fort Worth Independent School District to provide the After School 05-2006 Program at Como Elementary School for the 2005-06 school year; and adopting Fort Worth Appropriation Ordinance No. 16921-05-2006 increasing estimated receipts and Independent appropriations in the General Fund in the amount of$48,970.00 from available School District funds, for the purpose of funding the After School Program at Como Elementary School. C-21429 M&C C-21429 —Authorizing the City Manager to execute a contract with M.A. M.A. Vinson Vinson Construction Company, Inc., in the amount of $120,715.00 for park Construction improvements at Greenbriar Park. Company, Inc. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 8 of 18 Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council C.P. No. 257 There was presented Council Proposal No. 257 as proposed by Council Recreational Members Haskin and Hicks, that the City Council determine that there is no Improvements at longer a need for a playground replacement at Eastern Hills Park based on the Eastern Hills Park public input; and to reprogram the remaining funds for playground renovation at Eastern Hill Park to demolish the existing inaccessible play structures and walkways and replace with accessible soft surface trail and native vegetation. Council Member Haskin made a motion, seconded by Council Member Wheatfall, to suspend the rule of delaying Council's vote for one week on this Council Proposal to allow a vote on this item at this time. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin made a motion, seconded by Council Member Davis, that Council Proposal No. 257 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. No. 258 There was presented Council Proposal No. 258 as proposed by Council Schedule Election Members Espino and Jordan that the City Council schedule an agenda item for for Mayor Pro tem the purpose of holding a Council vote/election for the office of Mayor Pro tem. It is recommended that the election take place at the May 9th meeting of the Council. Mayor Pro tem Silcox stated that since the Council was looking at changing the election for Mayor Pro tem from every two years to every year in May, he was announcing his resignation as Mayor Pro tem at this time to give the Council that option. He added that he had asked that the Council waive the rule of having to wait until next week to act upon the CP, but was advised by the City Attorney that since there was no City Council agenda item to officially elect the Mayor Pro tem, that item would have to wait until next week to vote on a new Mayor Pro tem. He made a motion to approve Council Proposal No. 258 as presented. City Attorney Yett advised that under the Council Rules of Procedure, a Council Proposal was introduced one week and voted on the next week. In order to take action on it the same week, it would be introduced, a motion made to suspend the rules, and then the motion would have to pass by six votes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 9 of 18 Mayor Pro tem Silcox made a motion to suspend the rule of delaying the Council's vote for one week on this Council Proposal to allow a vote on this Council Proposal at this time. Council Member Jordan called for a point of order and asked for clarification of the Council Proposal calling for an election on May 9, 2006. He asked that in order to hold the election on May 9, 2006, if the CP had to be approved this evening or could it be acted upon next week. City Attorney Yett responded by stating that that if the CP was acted upon this evening then the election would be scheduled for May 9, 2006. He added that it might facilitate matters if the item was approved tonight and then staff had clear direction to move forward and schedule the election for May 9, 2006. Council Member Jordan seconded Mayor Pro tem Silcox's motion to suspend the rule of delaying Council vote for one week. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Council Proposal No. 258 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations (Council Member Silcox stepped away from the dais.) Res. No. 3340-05- There was presented a resolution appointing Francisco Hernandez, Jr. to occupy 2006 Place 2 on the Dallas-Fort Worth (D/FW) International Airport Board effective Appoint Francisco May 2, 2006, and with a term expiring January 31, 2008. Hernandez, Jr. to D/FW Council Member Espino made a motion, seconded by Council Member Hicks, International that Resolution No. 3340-05-2006 be adopted. The motion carried eight (8) Airport Board ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 10 of 18 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15179 There was presented Mayor and Council Communication No. G-15179 from Amendment No. 2 the City Manager recommending that the City Council authorize the City to CSC No. 32705 Manager to execute Amendment No. 2 to the Enhanced Community Facilities — Construction of Agreement with Sierra Vista L.P. (City Secretary Contract No. 32705), to Public Sanitary provide additional City participation from the Sewer Capital Projects Fund in Sewer Main the amount of$284,855.25 for the construction of a public sanitary sewer main across the Sierra Vista Subdivision. Council Member Hicks made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15179 be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Silcox absent. G-15180 There was presented Mayor and Council Communication No. G-15180 from Ord. No. 16922- the City Manager recommending that the City Council adopt a supplemental 05-2006 appropriation ordinance increasing appropriations in the Development Add Gas Well Inspections Fund in the amount of$89,388.00 based on increased revenue from Inspectors, gas well fees, for the purpose of funding two additional gas well inspector, an Clerical Staff and Office Assistant II and two trucks for the Gas Well Drilling Program. Equipment Council Member Wheatfall made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G-15180 be approved with appreciation and Supplemental Appropriation Ordinance No. 16922-05-2006 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-15181 There was presented Mayor and Council Communication No. G-15181 from Change Name of the City Manager recommending that the City Council waive the application Sunny Hill Road fees to change the name of Sunny Hill Road, (adopted by Ordinance No. 16626, Back to Scoma September 27, 2005), back to Scoma Road from a point at Ripy Street to a point Road from Point at East Butler Street, Fort Worth, Tarrant County, Texas. at Ripy Street to Point at East Council Member Davis made a motion, seconded by Council Member Butler Street Wheatfall, that Mayor and Council Communication No. G-15181 be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 11 of 18 G-15182 There was presented Mayor and Council Communication No. G-15182 from Ord. No. 16923- the City Manager recommending that the City Council adopt an ordinance 05-2006 appointing Andrew Bradshaw and Nancy E. Strickland as Municipal Judges for Appoint Andrew the unexpired portion of two-year terms commencing June 1, 2006, and ending Bradshaw and March 31, 2008, or until a successor is qualified and appointed in accordance Nancy E. with state law; that the terms of the two Municipal Judges not being Strickland as reappointed expire on May 31, 2006. Municipal Judges Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15182 be approved and Ordinance No. 16923-05-2006 be adopted. Council Member Davis stated that these places were made available by virtue of two Municipal Judges, Judge Alicia Johnson and Judge Gabriella Bendsler not being recommended for reappointment. She commended each of these judges and stated that these judges had done a very good job at serving the City of Fort Worth and they have had very high performance benchmarks, their courts had been efficient, and they brought intelligence and work ethics to their jobs. She added that it washer desire to reappoint these two judges and provide them an opportunity to address some issues brought forth in the reappointment process, but understood that was not the desire of the Council as a whole. She added that she would vote in favor of the motion and knew the new appointees would serve the City well. Council Member Wheatfall commended Council Members Burdette, Davis, and Espino for their work on this committee. He added that he shared some of the same sentiments as Council Member Davis; however, ultimately it was the job of the Council to ensure that the citizens going into Municipal Court have the best experience possible with the Municipal Court Judges. He further stated that the action taken tonight was the Council ensuring that everyone who went into Municipal Court could be confident in the City's judicial system and with the competency of every judge who sat on a bench. Council Member Hicks stated that she had expressed her concern over how the process had been handled and hoped that in the future the process could be handled differently. She added she echoed the remarks of Council Member Davis and that she supported the will of the committee and the Council on this matter. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 12 of 18 Council Member Burdette also echoed Council Member Davis's comments relative to the two judges and stated that it was unfortunate to make decisions that were not in favor for those affected. He wished the two judges well in their further careers in the legal field and best of luck in the future. The motion carried eight(8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2674 adopt an ordinance changing the name of Mississippi Avenue to Milford Kelly Continued Until Avenue from a point at Berry Street to a point at Maddox Avenue, Fort Worth, June 6, 2006 Texas. Mayor Moncrief opened the public hearing and asked if anyone was present desiring to be heard. Mr. John Garfield, Assistant Director, Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2674, as follows: There was presented Mayor and Council Communication No. PZ-2674 from the City Manager recommending that the City Council adopt an ordinance changing the name of Mississippi Avenue from its intersection with Berry Street to its termination at Maddox Avenue to "Milford Kelly Avenue", Fort Worth, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Burdette, that PZ-2674 be continued until June 6, 2006, to allow her time to meet with the affected neighborhood association. The motion carried eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-21430 There was presented Mayor and Council Communication No. C-21430 from the SCDP, Inc. City Manager recommending that the City Council authorize the City Manager to extend the consulting services contract with SCDP, Inc., to develop and implement a Small Contractor Development Program for the City of Fort Worth at $25,000.00 per month; and authorize this contract to begin February 1, 2006, and expire September 29, 2006. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21430 be approved with the caveat staff would work with the Fort Worth Black Chamber of Commerce and Hispanic Chamber of Commerce for the development of a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 13 of 18 comprehensive plan in terms of developing small business contract programs in the future. The motion carried eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-21431 There was presented Mayor and Council Communication No. C-21431 from the William J. Schultz, City Manager recommending that the City Council authorize the City Manager Inc. d/b/a Circle to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" "C" Construction Construction Company in the amount of $1,094,950.00 for Water Main Company Extensions, Replacements and Relocations Contract 2006A. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21431 be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Silcox absent. C-21432 There was presented Mayor and Council Communication No. C-21432 from the Wilbow-Skyline City Manager recommending that the City Council authorize the City Manager Development to execute a Community Facilities Agreement with Wilbow-Skyline Corporation Development Corporation, for the installation of water and sewer services to serve Skyline Ranch (Walnut Creek Sanitary Sewer Interceptor, Phase II and I11), a future single-family development, located in far southwest Fort Worth. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21432 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-21433 There was presented Mayor and Council Communication No. C-21433 from the Wilbow-Skyline City Manager recommending that the City Council authorize the City Manager Development to execute the Memorandum of Understanding between the City of Fort Worth, Corporation and Wilbow-Skyline Development Corporation, and BBT Crossing, Ltd., regarding BBT Crossing, the extension of Fort Worth's sewer transmission main in the vicinity of Walnut Ltd. Creek to serve future land development in the area. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21433 be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Silcox absent. C-21434 There was presented Mayor and Council Communication No. C-21434 from the DMJM Aviation City Manager recommending that the City Council authorize the City Manager to execute Phase 4 of the On-Call Engineering Services Contract with DMJM CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 14 of 18 Aviation for $33,737.50 for construction administration and inspection of the rehabilitation of Taxiway "H" and deicing containment facility at Fort Worth Alliance Airport. (Council Member Silcox returned to his chair at the dais.) Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21434 be approved. The motion carried unanimously nine (9)to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-312 It appeared that the City Council, at its meeting of April 25, 2006, continued the Ord. No. 16924- hearing for Zoning Docket No. ZC-05-312, Text Amendment for residential 05-2006 setbacks. Mayor Moncrief opened the public hearing and asked if there was Text Amendment anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, Zoning Docket No. ZC-05- 312 be approved, and the following ordinance be adopted by amending Section 6, Paragraph D, Subparagraph 3, dealing with set back for in-fill development being deleted and that it be reconsidered in the future by a group of persons appointed through the Development Department. ORDINANCE NO. 16924-05-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTIONS 4.704 "ONE- FAMILY (A-7.5) DISTRICT; AND 4.705 "ONE-FAMILY (A-5) DISTRICT; OF ARTICLE 7, "RESIDENTIAL DISTRICTS"; OF CHAPTER 4, "DISTRICT REGULATIONS"; TO ADD MINIMUM FRONT YARD SETBACKS FOR LIMITED LOCAL STREETS AND REDUCED SIDE AND REAR YARD SETBACKS FOR DETACHED GARAGES BEHIND THE REAR WALL OF THE RESIDENCE FOR ONE-FAMILY "A-5" AND "A- 7.5" DISTRICTS; TO AMEND SECTION 6.101 "YARDS" OF ARTICLE 1 "GENERAL" OF CHAPTER 6, "DEVELOPMENT STANDARDS"; TO ESTABLISH THE MEASUREMENT FOR FRONT YARD SETBACKS AND TO ALLOW A DECREASED SETBACK FOR AN OPEN PORCH OR PATIO. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 15 of 18 ZC-05-313 It appeared that the City Council, at its meeting of April 25, 2006, continued the Ord. No. 16925- hearing for Zoning Docket No. ZC-05-313, Text Amendment for residential 05-2006 design. Mayor Moncrief opened the public hearing and asked if there was Approved anyone present desiring to be heard. Text Amendment There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, Zoning Docket No. ZC- 05-313 be approved, and the following ordinance be adopted: ORDINANCE NO. 16925-05-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ARTICLE 5 "RESIDENTIAL DESIGN STANDARDS" OF CHAPTER 6 "DEVELOPMENT STANDARDS"; TO ADD A NEW SECTION FOR SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-314 It appeared that the City Council, at its meeting of April 25, 2006, continued the Ord. No. 16926- hearing for Zoning Docket No. ZC-05-314, Text Amendment for entry features 05-2006 and model homes. Mayor Moncrief opened the public hearing and asked if Approved there was anyone present desiring to be heard. Text Amendment There being no one present desiring to be heard in connection with the Text Amendment, Council Member Hicks made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, Zoning Docket No. ZC- 05-314 be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 16 of 18 ORDINANCE NO. 16926-05-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986); TO ADD A NEW SECTION FOR SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS AND ENTRY FEATURES; TO AMEND ARTICLE 6 "RESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4 `DISTRICT REGULATIONS"; TO ADD A REFERENCE TO SECTION 6.507 FOR THE "A-2.5A" THROUGH `B" RESIDENTIAL DISTRICTS; AND TO ADD A NEW CATEGORY UNDER ACCESSORY USES FOR PERMITTED ENTRY FEATURES; AND TO AMEND SECTION 5.403 TO PERMIT FIVE MODEL HOMES PER BUILDER. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis expressed appreciation to Development Department Assistant Director John Garfield and former City employee Mike Brennan for their work on these ordinances. She also expressed appreciation to Assistant City Attorney Sarah Fullenwider for writing these ordinances. Council Member Jordan commended Council Member Davis on her leadership in moving towards sustainable neighborhoods. Item XV Mr. Edward J. Malone, 3906 Carey Street, appeared before Council relative to Citizen horse stables in his neighborhood. He stated that as a result of the stables being Presentations present, chickens, goats, rats, snakes, and flies have also populated the area Edward Malone which had created a health problem. He said that the properties were within code compliance but he had a petition signed by 55 residents who wanted these stables out of their community. Council Member Wheatfall advised Mr. Malone that the property he referred to was in compliance with City Code based on square footage acreage of the lots and Code Compliance could not find any reason to cite the properties. He stated that the ordinance would need to be changed as it applied to agricultural zoned property which the Council may not be comfortable doing. Council Member Silcox stated that he thought the ordinance required a 100-foot separation between this type of property usage and a residence. Assistant City Manager Libby Watson stated that when a representative of the Code Compliance Department visited the address in question, the property use CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 2006 PAGE 17 of 18 was within Code guidelines. She added that Carl Smart, Code Compliance Department Director, was reviewing this matter to ensure the City was properly applying the Code. She further stated that once the review was completed the City would contact Mr. Malone. Council Member Wheatfall requested that staff come back with an informal report or briefing on this situation, not only to Mr. Malone's neighborhoods but other neighborhoods, and also provide suggestions on what Mr. Malone could do on his property to abate the problems. He added that if the ordinance was changed, some of these people's property use would be grandfathered which would not have the affect Mr. Malone was seeking. Mike Maines Mr. Mike Maines, 3245 Alta View Street, representing the Bonnie Brae Neighborhood Association, appeared before Council relative to the zoning of property at 3200 Chesser Boyer Road. He stated that this property was zoned "J" Industrial in 1977 as Zoning Docket No. ZC-76-218, and that the original rezoning excluded a 70-foot strip required as a buffer zone. He said nothing was done on the property until this year when grading of the property began and the builder encroached on the 70-foot buffer zone. He added that the City was contacted and the work stopped momentarily. He further stated that City staff had inspected the property and issued an interpretation based on today's Code which directly contradicted the wording of what was passed in 1977. The association wanted to know why the original decision of 1977 could not be used, and if the owner wanted a variance, why there had been no application for a variance hearing. Mr. Bob Riley, Development Department Director, stated that this issue had been reviewed several times and that the property was rezoned in 1977, predating Planned Development zoning and other guidelines and tools that the Council and the City Zoning Commission operated under today. He said that the property owner left a portion of land that was still zoned residential as the buffer and there was not a mechanism in place in 1977 to identify what would be built on that buffer, it was just going to be vacant property. He further stated that their interpretation was issued and the neighborhood association could appeal that interpretation to the Board of Adjustment and that they had been advised of this fact. He stated that the next filing deadline was May 8, 2006, for a June 2006 hearing, and that once the Development Department received the application for interpretation, they would work with the Law Department to determine what stays may be against the developer whose constructing now and what liabilities the City may have while awaiting the decision of the Board of Adjustment. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 2,2006 PAGE 18 of 18 Council Member Haskin stated that her office had been working on this issue for some time and there was not a definition of a "green space" or "buffer" in 1977. She added that what the neighborhood needed was a clear definition or interpretation of what the City Zoning Commission meant back in 1977 and that if it applied now. She asked that the application fee be waived so that the neighborhood can take this information to the Board of Adjustment and ask for an interpretation. City Attorney Yett stated that there seemed to be a process in place to resolve this issue and determine what the rules were. He added that if it were the desire of the Council, an appropriate action item could come before the Council to waive the fees. Mr. Bob Riley stated that he believed the zoning ordinance had a provision whereby a Council Member could ask for an interpretation,thereby waiving the fee; if not, staff would be more than happy to prepare the Council Proposal for the waiver. He said they would accept the application which the deadline is on the 8th for the waiver, contingent on sending the official notices out to the neighborhoods, typically two weeks before the hearing. Mr. Riley advised that the building being constructed was back away from the 70-foot buffer and that controversy had been with a drive which was actually a fire lane requirement for the building. Agenda Item XVII There being no further business, the meeting was adjourned at 8:05 p.m. in Adjournment honor of Mr. Vincent J. Genobesc. These minutes approved by the Fort Worth City Council on the 9th day of May, 2006. Attest: Approved: Marty He rix Michael J. Moncrief City Secretary Mayor