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HomeMy WebLinkAbout2006/07/11-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:11 p.m. on Tuesday, July 11, 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 Mr. Anthony Rivas, Sr., Baha'i Faith of Fort Invocation Worth. 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 Wheatfall, the minutes of the regular meeting of June 20, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Juan Emanuel Ramirez Special and Lorenzo Nicolas Ramirez Day to Juan Emanuel Ramirez and Lorenzo Presentations Nicolas Ramirez for their life saving rescue efforts of a drowning child at Trinity River Park. Council Member Jordan presented a Proclamation for National Park and Recreation Month to Gail Cupp, Vice Chairman, Parks and Community Services Advisory Board and Mr. Lee Echols, also a member of the board. She introduced Angela Bradford, with the Diamond Hill Boxing Club who was the first girl from Fort Worth to win U.S. Junior Olympic Championship in the 119 pound category. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 2 of 48 Sheri Endsley, Superintendent for the Parks and Community Services Southwest Region, provided a briefing to the Council on the Parks and Community Services Mobile Recreation Program Summer Day Camp. She acknowledged the assistance of Roberta Flores with organizing the program and expressed appreciation for the continued support of Council Member Davis and the City Council. Council Member Davis expressed appreciation to them for their efforts and also to Sandra Youngblood, Parks and Community Services Department Assistant Director. She additionally expressed appreciation to the Fort Worth Independent School District for providing the three school sites for the program as well as buses for field trips. She also acknowledged the contributions of the corporate benefactors who provided funding for the field trips. Mr. Ricky Warren, Vice President of the Southside Youth Association, expressed appreciation for the program and presented the Council with a picture of various youth programs being conducted from the Roberta Collins Recreation Center. He also introduced the Youth and Sports Directors and some of the children in the program. Mayor Pro tem Hicks congratulated Mr. Warren and his associates for the work they were doing on the south side of the City and stated without their hard work efforts, the recreation center would not be open. Agenda Item VI Council Member Espino recognized the work of the Director of the Diamond Announcements Hill Community Center, Ernest Magallon, had a great boxing program with a long history of boxing champions. He also announced that a Northside Community meeting on gas drilling would be held on July 20, 2006, at 7:00 p.m. at the J. P. Elder Annex on 600 Park Street. Council Member Silcox announced that State Representative Charlie Geren would host a Town Hall meeting on July 13, 2006, from 6:00 p.m. to 7:00 p.m. at W. Boswell High School, to discuss the of the 400 acres of state parkland at Eagle Mountain Lake. Council Member Jordan welcomed the arrival of his first grandchild, Sophie Bloom Jordan, born today at 1:58 p.m. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15262 and G-15269 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 3 of 48 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15240, G-15241, and C-21563 be withdrawn and that Agenda Item XV1 be Withdrawn By continued until July 18, 2006. Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and amended as follows: OCS-1563 M&C OCS-1563 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15257 M&C G-15257 - Retaining Wayne Olson of Taylor, Olson, Adkins, Sralla and Res. No. 3376-07- Elam Law Firm pursuant to Chapter VI, Section 3 of the City Charter, to assist 2006 the City Attorney by providing legal representation to the City of Fort Worth Employ Outside Board of Adjustment in connection with a request for an interpretation of the Legal Counsel to zoning ordinance as it relates to "drives and firelanes" serving an industrial Represent Board development as an allowed use in single family zoning; and adopting of Adjustment for Resolution No. 3376-07-2006 fixing in advance, as far as practicable, the Interpretation of aggregate amount to be paid to Wayne Olson in an amount not to exceed Zoning Ordinance $1,000.00. G-15258 M&C G-15258 - Authorizing the payment of $57,871.92 to settle a claim by Settlement of Marlin and Deborah Rogers for water damage to their home at 4008 Walton Claim by Marlin Avenue related to a water main break; and authorizing the appropriate and Deborah personnel to execute all documents to complete the settlement. Rogers for Water Damage to 4008 Walton Avenue G-15259 M&C G-15259 - Authorizing the City Manager to sign a Notice of Quiet Zone Extend Quiet Zone Establishment for the extension of the East First Street quiet zone at the BNSF at BNSF Railway Railway railroad crossing to include the East Peach Street crossing. Railroad Crossing at East First Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 4 of 48 G-15260 M&C G-15260 - Authorizing payment under protest in the amount of Payment Under $72,797.56 to Southwestern Bell Telephone, L.P., d/b/a AT&T Texas (SWBT) Protest to SWBT for exposing and protecting its conflicting utility during construction of the for Custom Work Drainage and Water Line Improvements to Tony's Creek Drainage System at for Protection of Northeast 29th Street; and executing an application and letter of agreement for Facilities at custom work with SWBT to perform the required protection services. Northeast 29th Street at Tony's Creek G-15261 M&C G-15261 - Adopting Resolution No. 3377-07-2006 of the cities of Fort Res. No. 3377-07- Worth, Lake Worth, River Oaks, Sansom Park, White Settlement, Westworth 2006 Village and Westover Hills and the Naval Air Station Joint Reserve Base (NAS Participate in JRB) in Fort Worth in support of the development of a joint land use study for Joint Land Use the NAS JRB. Study for NAS JRB G-15263 M&C G-15263 - Authorizing the City Manager to receive and consider bids for Advertise Bids to gas well development on City-owned property known as the Brennan Avenue Lease City-Owned Service Center, consisting of 90.996 acres, more or less, located just west of I- Property for Gas 35 and north of Northside Drive in the East Little Survey, Abstract No. 954, Well Development Tarrant County, Texas. G-15264 M&C G-15264 - Authorizing the City Manager to receive and consider bids for Advertise Bids to gas well development on City-owned property known as the Oakmont Park, Lease City-Owned consisting of 127.17 acres, more or less, located just south of Southwest Loop Property for Gas 820 and bordering the Clear Fork of the Trinity River within the J. Spillman Well Development Survey, Abstract No. 1377, the North Proctor Survey, Abstract No. 1230 and the W.J. Jackson Survey, Tarrant County, Texas. G-15265 M&C G-15265 - Authorizing the City Manager to receive and consider bids for Advertise Bids to gas well development on City-owned property known as the Marion Sansom Lease City-Owned Park, consisting of 256.839 acres, more or less, located at the east side of Lake Property for Gas Worth just south of Jacksboro Highway, Tarrant County, Texas. Well Development CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 5 of 48 G-15266 M&C G-15266 - Considering and adopting the findings and opinions of the Ord. No. 17026- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of four limousines upon the city streets, alley and Grant Use of thoroughfares; and adopting Ordinance No. 17026-07-2006 granting to Adams City's Streets, Limousine Service the privilege to use the streets, alleys and public Alleys and Public thoroughfares of the City in the conduct of its limousine business, which shall Thoroughfares to consist of the operation of four (4) limousines for a period beginning on July Adams Limousine 11, 2006, and ending on July 10, 2009; specifying the terms and conditions of Service the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Adams Limousine Service, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. G-15267 M&C G-15267 - Considering and adopting the findings and opinions of the Ord. No. 17027- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of seven limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17027-07-2006 granting to Agency City's Streets, STS, Inc., the privilege to use the streets, alleys and public thoroughfares of the Alleys and Public City in the conduct of its limousine business, which shall consist of the Thoroughfares to operation of seven (7) limousines for a period beginning on July 11, 2006, and Agency STS, Inc. ending on July 10, 2009; specifying that the terms and conditions of the grant; providing for a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Agency STS, Inc., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth(1986), as amended. G-15268 M&C G-15268 - Considering and adopting the findings and opinions of the Ord. No. 17028- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of seven limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17028-07-2006 granting to A- City's Streets, Alliance Limousines and Sedans, Inc., the privilege to use the streets, alleys and Alleys and Public public thoroughfares of the City in the conduct of its limousine business, which Thoroughfares to shall consist of the operation of seven (7) limousines for a period beginning on A-Alliance July 11, 2006, and ending on July 10, 2009; specifying that the terms and Limousines and conditions of the grant; providing for a severability clause; making this Sedans, Inc. ordinance cumulative of all ordinances; providing for written acceptance by A- Alliance Limousines and Sedans, Inc., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 6 of 48 G-15270 M&C G-15270 - Considering and adopting the findings and opinions of the Ord. No. 17029- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of 17 limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17029-07-2006 granting to Boston Streets,Alleys and Coach-Texas Corporation the privilege to use the streets, alleys and public Public thoroughfares of the City in the conduct of its limousine business, which shall Thoroughfares to consist of the operation of seventeen (17) limousines for a period beginning on Boston Coach- July 11, 2006, and ending on July 10, 2009; specifying the terms and conditions Texas Corporation of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Boston Coach-Texas Corporation, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. G-15271 M&C G-15271 - Considering and adopting the findings and opinions of the Ord. No. 17030- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of 25 limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17030-07-2006 granting to Premier Streets,Alleys and Transportation Service, LLC, the privilege to use the streets, alleys and public Public thoroughfares of the City in the conduct of its limousine business, which shall Thoroughfares to consist of the operation of twenty-five (25) limousines for a period beginning Premier on July 11, 2006, and ending on July 10, 2009; specifying the terms and Transportation conditions of the grant; providing a severability clause; making this ordinance Service, LLC cumulative of all ordinances; providing for written acceptance by Premier Transportation Service, LLC, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. G-15272 M&C G-15272 - Considering and adopting the findings and opinions of the Ord. No. 17031- City staff as presented herein; finding that the public necessity and convenience 07-2006 require the operation of 18 limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17031-07-2006 granting to Streets,Alleys and Superior One Transportation & Charters, LLC, the privilege to use the streets, Public alleys and public thoroughfares of the City in the conduct of its limousine Thoroughfares to business, which shall consist of the operation of eighteen (18) limousines for a Superior One period beginning on July 11, 2006, and ending on July 10, 2009; specifying the Transportation & terms and conditions of the grant; providing a severability clause; making this Charters, LLC ordinance cumulative of all ordinances; providing for written acceptance by Superior One Transportation & Charters, LLC, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 7 of 48 G-15273 M&C G-15273 - Authorizing the Water Department to provide water service at Provide Water 1.25 times the retail rate to Mr. Dennis Piper to serve his business at 8065 Old Service to Business Decatur Road, located in Tarrant County, outside of the Fort Worth City limits. at 8065 Old Decatur Road, Outside City limits P-10414 M&C P-10414 - Authorizing a purchase agreement for ductile iron pipe with Ductile Iron Pipe Municipal Water Works Supply, L.P., for the Water Department based on best value. Freight is included and payment is due 30 days after receipt of an invoice; and authorizing this agreement to begin July 11, 2006, and expire July 10, 2007, with options to renew for two additional one-year periods. P-10415 M&C P-10415 - Authorizing: Small Gate Valves 1. Purchase agreements for small gate valves with Hughes Supply, Inc., and D and W Utility Supply for the Water Department based on best value. Freight is included and payment is due 30 days after receipt of invoice; Hughes Supply, Inc. Items 1, 4, 6 and 9 D and W Utility Supply Items 2, 3, 5, 7, 8 and 10 2. These agreements to begin July 11, 2006, and expire July 10, 2007, with options to renew for two additional one-year periods; and 3. 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 271.202, "Cooperative Purchasing Program." P-10416 M&C P-10416 - Authorizing the purchase of a pump control valve from Henry Pump Control Pratt Company for the Water Department based on the low bid for a total not to Valve exceed $70,066.00, freight included, with payment due 30 days after receipt of invoice. P-10417 M&C P-10417 - Authorizing the purchase of an audio visual playback system Audio Visual from the Whitlock Group for the Cable Office based on sole bid received for a Playback System cost not to exceed $137,875.29 with freight included in unit price and payment due 30 days after receipt of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 8 of 48 P-10418 M&C P-10418 - Authorizing the purchase of digital video recording and Digital Video playback machines with supporting hardware from Visual Interactive Dynamics Recording and for the Cable Office for a cost not to exceed $33,666.00 with freight included in Playback unit price with payment due 30 days from receipt of invoice. Machines P-10419 M&C P-10419 - Authorizing: Warranty Required Original 1. A sole source purchase agreement with Twin Distributing, Inc., for Equipment warranty required original equipment manufacture carwash repairs, Manufacture maintenance, parts, components and supplies for the Equipment Carwash Repairs, Services Department with payment due 30 days from the invoice date. Maintenance, Freight is included in the unit prices. Parts, Components and Description Unit Price Supplies Labor for non-warranty repairs and $75.00 per hour maintenance at: Parts & Components at Retail Price less: 10 percent discount Supplies at Retail List Price less: 15 percent discount 2. This agreement to begin July 11, 2006, and expire on July 10, 2007, with options to renew for four additional one-year periods. P-10420 M&C P-10420 - Authorizing the purchase of an HVAC Variable Air Volume HVAC Variable Control, a boiler system and installation services with Trane through The Air Volume Cooperative Purchasing Network for the Water Department for a total cost not Control, Boiler to exceed $72,792.00, with payment due 30 days from the date of an invoice. System and Installation Services P-10421 M&C P-10421 - Authorizing: Moving Services 1. Purchase agreement for moving services utilizing Tarrant County Contract 2005-122 with All Points Pioneer, Al Freeman Moving Group and Craddock Moving and Storage. Payment is due 30 days from date an invoice is received. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 9 of 48 Description of Primary Secondary Alternative Service Vendor Vendor Vendor Labor for the All Points Al Freeman Craddock Moving following Pioneer Moving Supervisor, $17.25 per hour $15.65 per hour $27.00 per hour regular time Supervisor, $17.25 per hour $15.65 per hour $30.00 per hour overtime Helper,regular $17.25 per hour $15.65 per hour $22.00 per hour time Helper,overtime $17.25 per hour $15.65 per hour $25.00 per hour Packer,regular $17.25 per hour $15.65 per hour $22.00 per hour time Packer,overtime $17.25 per hour $15.65 per hour $25.00 per hour Driver,regular $17.25 per hour $15.65 per hour $22.00 per hour time Driver,overtime $17.25 per hour $15.65 per hour $25.00 per hour Tractor/Trailer, $14.00 per hour $36.00 per hour $20.00 per hour regular time Tractor/Trailer, $14.00 per hour $36.00 per hour $20.00 per hour overtime Bobtail Truck, $30.00 per hour $36.00 per hour $15.00 per hour regular time Bobtail Truck, $30.00 per hour $36.00 per hour $15.00 per hour overtime 2. This agreement to begin July 11, 2006, and expire on July 10, 2007, with an option to renew for one additional one-year period. L-14212 M&C L-14212 - Authorizing: Ord. No. 17032- 07-2006 1. Adoption of Appropriation Ordinance No. 17032-07-2006 increasing Ord. No. 17033- estimated receipts and appropriations in the Special Assessments Fund 07-2006 in the amount of $149,000.00 from developer contributions for the Platted Lots purpose of funding a transfer to the Street Improvements Fund for the Acquisition for acquisition of six platted lots located on Harney Drive for the future Future Extension extension of Wichita Street; of Wichita Street, a Major Arterial 2. The transfer of $149,000.00 from the Special Assessments Fund to the on the Master Street Improvements Fund; Thoroughfare 3. Adoption of Appropriation Ordinance No. 17033-07-2006 increasing Plan estimated receipts and appropriations in the Street Improvements Fund in the amount of $149,000.00 from available funds for the purpose of funding the acquisition of six platted lots located on Harney Drive for the future extension of Wichita Street; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 10 of 48 4. That the price offered in the amount of $149,000.00 is just compensation; and 5. The City Manager to acquire six platted lots described at Lots 13-18, Block 2, Mission Ridge Estates Subdivision for an estimated amount of $149,000.00, located on Harney Drive, for the future extension of Wichita Street, a major arterial on the Master Thoroughfare Plan, just north of McPherson Road, and execute and record the appropriate instruments. C-21541 M&C C-21541 - Authorizing the City Manager to execute an Interlocal City of Arlington Agreement with the City of Arlington to allow Arlington's use and access to the City of Fort Worth's Mobile Emergency Communications Unit for the purposes of providing temporary emergency communications services; and authorizing the agreement to last for a period of one year with automatic renewals for two (2) one-year terms. C-21542 M&C C-21542 - Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University for underground conduits in the University 2800 Block of Lowden Street. C-21543 M&C C-21543 - Authorizing the City Manager to enter into an Encroachment Cook Children's Agreement with Cook Children's Medical Center authorizing use of the right- Medical Center of-way for underground conduits in the 1400 block of West Pulaski Street and the alley to the north and to the south of 1400 West Pulaski Street. C-21544 M&C C-21544 - Adopting Resolution No. 3378-07-2006 authorizing the Res. No. 3378-07- execution of a Local Project Advance Funding Agreement (LPAFA) with the 2006 Texas Department of Transportation (TxDOT) for the division of costs and Texas Department responsibilities associated with the implementation of Phase 2.0 of the of Transportation Thoroughfare Assessment Program (TAP); authorizing the City Manager to execute the LPAFA with TxDOT for TAP Phase 2.0; and authorizing payment to TxDOT in the amount of$8,231.00 for TAP Phase 2.0. C-21545 M&C C-21545 - Authorizing the City Manager to execute a contract with the Texas Department State of Texas Department of Transportation to temporarily close one lane of of Transportation the I-820 service road from 900 feet west of Marine Creek Parkway to 500 feet and Quick Water past Marine Creek Lake beginning Friday, August 4, 2006, until Sunday, Productions August 6, 2006, from 8:00 a.m. to 10:00 p.m. each day; and authorizing the City Manager to execute a contract with the Quick Water Productions to temporarily close one lane of the I-820 service road from 900 feet west of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 11 of 48 Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Friday, August 4, 2006 until Sunday, August 6, 2006 from 8:00 a.m. to 10:00 p.m. each day. C-21546 M&C C-21546 - Authorizing: Ord. No. 17034- 07-2006 1. Adoption of Appropriation Ordinance No. 17034-07-2006 increasing Ord. No. 17035- appropriations in the Culture and Tourism Fund in the amount of 07-2006 $795,536.70 and decreasing the unreserved, undesignated fund balance TXU Electric by the same amount, for the purpose of transferring said funds to the Delivery Company Specially Funded Capital Projects Fund to execute an agreement with TXU Electric Delivery Company for labor, materials and equipment to provide electrical services to the new City Parking Garage; 2. The transfer of $795,536.70 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adoption of Appropriation Ordinance No. 17035-07-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $795,536.70 from available funds, for the purpose of funding an agreement with TXU Electric Delivery Company for labor, materials and equipment to provide electrical services to the new City Parking Garage; 4. The City Manager to execute an agreement with TXU Electric Delivery Company, in the amount of $795,536.70 for labor, materials, and equipment to provide electrical service to the new City Parking Garage currently under design. C-21547 M&C C-21547 - Authorizing the City Manager to execute a combined contract RPGA Design with RPGA Design Group, Inc., in the total amount of$197,900.00 for design Group, Inc. and construction administration services for Fire Stations No. 11 ($94,700.00) and No. 41 ($103,200.00). C-21548 M&C C-21548 - Authorizing City Manager to execute Change Order No. 2 to Change Order No. City Secretary Contract No. 32600 with McClendon Construction Co., Inc., for 2 to CSC No. Berry Street reconstruction from Waits Avenue to Forest Park Boulevard, in the 32600 - amount of$48,503.90 thereby increasing the contract amount to $3,042,922.13. McClendon Construction Co., Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 12 of 48 C-21549 M&C C-21549 - Authorizing the transfer of $204,329.50 from the Water and Ord. No. 17036- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 07-2006 $86,301.50 and Sewer Capital Projects Fund in the amount of $118,028.00; McClendon adopting Appropriation Ordinance No. 17036-07-2006 increasing estimated Construction receipts and appropriations in the Water Capital Projects Fund in the amount of Company, Inc. $86,301.50 and the Sewer Capital Projects Fund in the amount of $118,028.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc., for pavement reconstruction, water main replacement and sanitary sewer extension on Hitson Lane, from Acapulco Road to Meadowbrook Drive; and authorizing the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of$289,921.20 for pavement reconstruction, water main replacement and sanitary sewer extension on Hitson Lane, from Acapulco Road to Meadowbrook Drive (Project No. 00061). C-21550 M&C C-21550 - Authorizing the transfer of $243,274.52 from the Water and Ord. No. 17037- Sewer Operating Fund to the Water Capital Projects Fund; adopting 07-2006 Appropriation Ordinance No. 17037-07-2006 increasing estimated receipts and Advanced Paving appropriations in the Water Capital Projects Fund in the amount of$243,274.52 Company from available funds for the purpose of funding a contract with Advanced Paving Company for HMAC Surface Overlay 2005-5 rebid at various locations; and authorizing the City Manager to execute a contract with Advanced Paving Company in the amount of $486,549.04 for HMAC Surface Overlay 2005-5 rebid at various locations. C-21551 M&C C-21551 - Authorizing the City Manager to enter into a perpetual Union Pacific Pipeline Crossing Agreement with Union Pacific Railroad for an 8-inch water Railroad pipeline located at mile post 247.44 (DOE 6051-023445) for a one time cost of $1,500.00. Union Pacific Railroad has accepted the certificate of self- insurance. C-21552 M&C C-21552 - Authorizing the transfer of $234,787.00 from the Water and Ord. No. 17038- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 07-2006 $168,182.00 and Sewer Capital Projects Fund in the amount of $67,799.00; A.N.A. adopting Appropriation Ordinance No. 17038-07-2006 increasing estimated Consultant, L.L.C. receipts and appropriations in the Water Capital Projects Fund in the amount of $168,018.00 and the Sewer Capital Projects Fund in the amount of $66,769.00 from available funds for the purpose of funding an Engineering Agreement with A.N.A. Consultants, L.L.C., for Water and Sanitary Sewer Replacement Contract, 2005 WSM-D; and authorizing the City Manager to execute an CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 13 of 48 Engineering Agreement with A.N.A. Consultants, L.L.C., in the amount of $199,015.00, for Water and Sanitary Sewer Replacement Contract, 2005 WSM- D (City Project No. 003 86). C-21553 M&C C-21553 - Authorizing the transfer of $176,784.00 from the Water and Ord. No. 17039- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 07-2006 $110,645.00 and the Sewer Capital Projects Fund in the amount of$66,139.00; ARS Engineers, adopting Appropriation Ordinance No. 17039-07-2006 increasing estimated Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $110,645.00 and the Sewer Capital Projects Fund in the amount of $66,139.00 from available funds for the purpose of funding an Engineering Agreement with ARS Engineers, Inc., for Water and Sanitary Sewer Replacement Contract, 2005 WSM-H; and authorizing the City Manager to execute an Engineering Agreement with ARS Engineers, Inc., in the amount of$151,882.00, for Water and Sanitary Sewer Replacement Contract, 2005 WSM-H (City Project No. 00384). C-21554 M&C C-21554 - Authorizing the City Manager to accept, if offered, and Ord. No. 17040- execute a grant contract with Texas Department of State Health Service's 07-2006 Regional and Local Services Section Local Public Health System, for an Texas Department amount not to exceed $40,000.00 for a period to begin September 1, 2006, and of State Health end August 31, 2007; authorizing a non-interest bearing inter-fund loan from Service's Regional the General Fund to the Grants Fund in the amount of $10,000.00 for the and Local Services interim financing of this grant pending contract execution to secure program Section Local continuation from one grant funding period to the next; adopting Appropriation Public Health Ordinance No. 17040-07-2006 increasing estimated receipts and appropriations System in the Grants Fund in an amount not to exceed $40,000.00 subject to receipt of the Triple Zero Local Public Health System Development Grant from the Texas Department of State Health Service's Regional and Local Services Section/Local Public Health System for the purpose of funding FitFuture Fort Worth; and waiving any indirect costs to allow maximum use of funds for delivery of services to the community. C-21555 M&C C-21555 - Authorizing the City Manager to execute Supplemental Supplemental Agreement No. 2 to City Secretary Contract No. 19518 for Lease Renewal of Agreement No. 2 Airport Traffic Control Tower to the Federal Aviation Administration at Fort to CSC No. 19518 Worth Alliance Airport. - Federal Aviation Administration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 14 of 48 C-21556 M&C C-21556 - Authorizing the City Manager to execute a Joint Funding U.S. Geological Agreement for water resource investigations with the U.S. Geological Survey; Survey and authorizing the payment of the City's share of the cost in the amount of $31,791.00 for the 2006-2007 water quality data collection activities. C-21557 M&C C-21557 - Authorizing the City Manager to execute a professional Teague Nall and services agreement with Teague Nall and Perkins in the amount of $51,800.00 Perkins for the design and preparation of construction documents for road and parking lot improvements, boardwalk replacement, and walk and trail replacement at various locations within the Fort Worth Nature Center and Refuge. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Davis, Presentations by that Carlos Flores be appointed to Place 2 on the Building Standards City Council - Commission effective July 11, 2006, and with a term expiring September 30, Appointments 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan made a motion, seconded by Council Member Espino, that Ms. Edith Jones be appointed to Place 6 on the Historic and Cultural Landmarks Commission effective July 11, 2006, and with a term expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested Council consideration to appoint Ms. Maria C. Fraire to Place 1 on the Board of Adjustment—Residential. Council Member Jordan made a motion, seconded by Council Member Espino, that Ms. Maria C. Fraire be appointed to Place 1 on the Board of Adjustment— Residential effective July 11, 2006, and with a term expiring October 1, 2007. 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 (Mayor Pro tem Hicks stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 15 of 48 Agenda Item XIII There was presented a resolution honoring the life and service of former City Res. No. 3379-07- Council Member Doyle Willis, Sr. 2006 Honor the Life At the request of Mayor Moncrief, the resolution was read by City Secretary and Service of Hendrix. Doyle Willis, Sr. Mr. Doyle Willis, Jr., 2300 Primrose Avenue, appeared before Council and Doyle Willis, Jr. expressed appreciation for the resolution in honor of his late father. Council Member Scarth recalled the time he met Mr. Willis and stated that it was an honor and privilege to have been received by him. He added that Mr. Willis was a gracious leader. Council Member Espino stated that Mr. Willis was his State Representative and that he was a true advocate on behalf of the working man and woman and that his legacy would live on. (Mayor Pro tem Hicks returned to her chair at the dais.) Council Member Davis made a motion, seconded by Council Member Espino, that Resolution No. 3379-07-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3380-07- There was presented a resolution supporting the Regional Transportation 2006 Council's position regarding Trans-Texas Corridor 35. Support Regional Transportation Council Member Wheatfall made a motion, seconded by Council Member Council's Position Silcox, that Resolution No. 3380-07-2006 be adopted. The motion carried Regarding Trans- unanimously nine (9) ayes to zero (0) nays. Texas Corridor 35 Res. No. 3381-07- There was presented a resolution appointing one member and the chairperson to 2006 the Board of Directors of Tax Increment Reinvestment Zone No. 7, City of Fort Appoint Worth, Texas (North Tarrant Parkway TIF), in order to fill a vacancy on the Chairperson and board, effective July 11, 2006, and with an expiration dates as indicated below: Members of Tax Increment Name Expiration of Term Reinvestment Zone No. 7 (North Danny Scarth(replacing Becky December 31, 2006 Tarrant Parkway Haskin) TIF) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 16 of 48 The City Council hereby appoints Danny Scarth to serve as the Board's chairperson for the remainder of the calendar year 2006. The City Council hereby acknowledges that the following persons appointed by the following entities will continue to serve as Board members for the remainder of their terms, which will expire on the dates indicated below: Name Appointing Entity Expiration of Term Davis Palmer Northwest ISD December 31, 2006 Glen Whitley Tarrant County December 31, 2006 Michael Saenz Tarrant County College December 31, 2006 District Russell Laughlin City of Fort Worth December 31, 2006 Bill Poteet City of Fort Worth December 31, 2006 Bill Miller City of Fort Worth December 31, 2006 Donald Silverman City of Fort Worth December 31, 2006 Sal Espino City of Fort Worth December 31, 2007 Peter Aberg City of Fort Worth December 31, 2007 Jeff Baker Keller ISD December 31, 2007 Adonna Lowe Tarrant County Hospital December 31, 2007 District Linda Christie Tarrant Regional Water December 31, 2007 District Council Member Silcox made a motion, seconded by Council Member Espino, that Resolution No. 3381-07-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3382-07- There was presented a resolution appointing two members and the chairperson 2006 to the Board of Directors for Tax Increment Reinvestment Zone No. 9, City of Appoint Members Fort Worth, Texas (Trinity River Vision TIF), in order to fill vacancies on the and Chairperson board, effective July 11, 2006, and with expiration dates as indicated below: to Board of Directors of Tax Name Expiration of Term Increment Reinvestment Carl Bell(replacing Jim Lane) December 31, 2007 Zone No. 9 Gina Puente-Brancato (replacing December 31, 2007 (Trinity River Hal Sparks) Vision TIF) The City Council hereby acknowledges that the following persons appointed by the following entities will continue to serve as Board members for the remainder of their terms, which will expire on the dates indicated below: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 17 of 48 Name Appointing Entity Expiration of Term Sal Espino City of Fort Worth December 31, 2006 Wendy Davis City of Fort Worth December 31, 2006 Victor Henderson City of Fort Worth December 31, 2006 G.K. Maenius City of Fort Worth December 31, 2006 Tom Purvis City of Fort Worth December 31, 2006 Dionne Bagsby City of Fort Worth December 31, 2007 Ed Lasko City of Fort Worth December 31, 2007 Nina Petty City of Fort Worth December 31, 2007 Judy Needham Fort Worth ISD December 31, 2006 J.D. Johnson Tarrant County December 31, 2007 Leonardo de la Garza Tarrant County College December 31, 2007 Jack Stevens Tarrant Regional Water December 31, 2006 District Gale Pileggi Tarrant County Hospital December 31, 2006 District The City Council hereby appoints Wendy Davis as the Board's chairperson for the remainder of the calendar year 2006, replacing former chairperson Jim Lane. Council Member Burdette made a motion, seconded by Council Member Silcox, that Resolution No. 3382-07-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3383-07- There was presented a resolution acknowledging the appointment of one 2006 member to the Board of Directors of Tax Increment Reinvestment Zone No. 11, Appoint Member City of Fort Worth, Texas (Southwest Parkway TIF), by Tarrant Regional to Board of Water District in order to fill a vacancy on the board, effective July 11, 2006, Directors of Tax and with expiration dates as indicated below: Increment Reinvestment Name Expiration of Term Zone No. 11 (Southwest Hal Sparks (replacing Gina Puente- December 31, 2006 Parkway TIF) Brancato) The City Council hereby acknowledges the following persons appointed by the following entities will continue to serve as Board members for the remainder of their terms, which will expire on the dates indicated below: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 18 of 48 Name Appointing Entity Expiration of Term Chuck Silcox City of Fort Worth December 31, 2006 Wendy Davis City of Fort Worth December 31, 2006 Scott Walker City of Fort Worth December 31, 2006 Chris Hatch Fort Worth ISD December 31, 2006 Dee Chaisson Tarrant County Hospital December 31, 2006 District Roy Brooks Tarrant County December 31, 2007 Bill Lace Tarrant County College December 31, 2007 Jungus Jordan City of Fort Worth December 31, 2007 Isaac Manning City of Fort Worth December 31, 2007 Bill Meadows City of Fort Worth December 31, 2007 Elaine Petrus City of Fort Worth December 31, 2007 John Stevenson City of Fort Worth December 31, 2007 The City Council hereby acknowledges that Chuck Silcox will continue to serve as the Board's chairperson for calendar year 2006. Council Member Silcox made a motion, seconded by Council Member Davis, that Resolution No. 3383-07-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15240 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15240, dated June 20, 2006, Adopt Resolution Authorizing an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for the Evans and Rosedale Sustainable Development Project, Accept Funds from NCTCOG and Tax Increment Reinvestment Zone No. 4 (Southside TIF), Adopt Appropriation Ordinance and Authorize Payment to NCTCOG, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 19 of 48 G-15240 Revised There was presented Mayor and Council Communication No. G-15240 Res. No. 3384-07- Revised, from the City Manager recommending that the City Council: 2006 Ord. No. 17041- 1. Adopt a resolution authorizing the City Manager to execute an interlocal 07-2006 agreement with the North Central Texas Council of Governments Authorize (NCTCOG) for receipt and use of the Sustainable Development Project Interlocal Grant funds for the Evans and Rosedale project; Agreement with NCTCOG for 2. Authorize the City Manager to accept Sustainable Development Evans & Rosedale Program funds in the amount of$65,000.00 from NCTCOG; Sustainable 3. Accept funds from the Tax Increment Reinvestment Zone No. 4 Development (Southside TIF) in the amount of $16,250.00 towards the local cash Project,Accept Funds from match; NCTCOG and 4. Authorize a transfer from the Special Assessment District Southside TIF Tax Increment Fund in the amount of$16,250.00 to the Grants Fund; Reinvestment Zone No. 4 5. Adopt an appropriation ordinance increasing estimated receipts and (Southside TIF) appropriations in the Grants Fund in the amount of $81,250.00 from available funds, for the purpose of funding the Evans and Rosedale Sustainable Development Project; 6. Authorize payment of $16,250.00 to be paid to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed when expenditures have reached 80 percent of the Project. Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15240 Revised be approved and Resolution No. 3384-07-2006 and Appropriation Ordinance No. 17041-07- 2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox requested Council consideration to take action on Zoning Docket No. ZC-06-164 at this time to accommodate Council Member Wheatfall who needed to leave the Council meeting early. Mayor Moncrief moved down the agenda to ZC-06-164. ZC-06-164 Mr. Russell Norment, 100 Main Street, appeared before Council in opposition Approved of the zoning change for two properties located at 4100 and 4125 Ridgehaven Road. He stated that the rezoning would substantially reduce the value of the property for the purpose of development and that each property needed to be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 20 of 48 reviewed separately to allow the owner to opt out of the change. He added that there appeared to be defects with regard to the notice and application process which had created confusion. He explained that the application to amend the ordinance was filed on May 17, 2006, which was two days after the deadline of May 15, 2006, for the June 14, 2006, City Zoning Commission meeting. He added that the application to amend zoning described the property as ten properties on Ridgehaven Court and did not include the properties his clients had under contract to purchase. He further stated that in the City Zoning Commission meeting it was discussed that the change was consistent with the Comprehensive Plan, but his clients would like the property to remain as single family with the smaller minimum lot size rather than the larger lot size. He requested that if the Council approved this zoning, that the two lots his clients currently have under contract be excluded or to delay action on the zoning case until further conversations could take place. Council Member Silcox summarized what occurred at the community meeting for this zoning change. He stated that what was being done was to change the zoning to the correct zoning for the size of the properties. He added that if the properties were allowed to remain "A-5" One Family Residential then some of the properties could be sold and subdivided down which could be disastrous for this community. He explained that if there were multiple acres, the property could be subdivided down to"A-43" to two or three smaller lots. Mayor Moncrief requested City Attorney Yett address the timing of filing of the documents and a recommendation on how to proceed. City Attorney Yett stated that staff had reviewed all the relevant information on this case and the Law Department was satisfied that the zoning change was appropriately noticed for Council action this evening. He recommended that Council take action on the properties affected by the zoning change with the exception of the two properties Mr. Norment mentioned and act on those separately. Council Member Silcox made a motion, seconded by Council Member Wheatfall, to approve the application of the City of Fort Worth for a change in zoning of property located in the 4100 through 4500 blocks of Ridgehaven Road and 4100 through 4400 blocks of Ridgehaven Court from "A-5" One- Family Residential to "A-43" One-Family Residential, Zoning Docket No. ZC- 06-164, with the exclusion of 4100 and 4124 Ridgehaven Road and that the zoning for 4520 Ridgehaven Road and 4110 and 4400 Ridgehaven Court be changed to "A-2.5" Single Family Residential. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 21 of 48 Council Member Silcox made a motion, seconded by Council Member Davis to approve a zoning change for the property at 4124 Ridgehaven Road to "A2.5" Single Family Residential and that 4100 Ridgehaven Road be changed to "A- 43" One-Family Residential. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief moved back to the next item on the agenda. G-15241 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15241, dated June 20, 2006, Adopt Resolution Authorizing an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) for the McAdams Building-Six Points Sustainable Development Project, Accept Funds from NCTCOG, Adopt Appropriation Ordinance, Authorize Payment to NCTCOG and Authorize a Memorandum of Understanding with Robert Bell, be withdrawn from consideration. G-15241 Revised There was presented Mayor and Council Communication No. G-15241 Revised Res. No. 3385-07- from the City Manager recommending that the City Council: 2006 Ord. No. 17042- 1. Adopt a resolution authorizing the City Manager to execute an 07-2006 interlocal agreement with the North Central Texas Council of Authorize Governments (NCTCOG) for the McAdams Building-Six Points Interlocal Sustainable Development project (Project) (Riverside Drive, East Agreement with Belknap Street and Race Streets); NCTCOG for McAdams 2. Authorize the City Manager to accept Sustainable Development funds Building-Six in the amount of$320,000.00 from NCTCOG; Points Sustainable 3. Authorize the transfer of$80,000.00 from the New Development Fund Development to the Grants Fund for the local match; Project,Authorize New Development 4. Adopt an appropriation ordinance increasing the estimated receipts and Fund Transfer to appropriations in the Grants Fund in the amount of $400,000.00 from Grants Fund, available funds, for the purpose of funding the McAdams Building-Six Accept Funds Points Sustainable Development Project; from NCTCOG and Authorize 5. Authorize a non-interest bearing loan from the General Fund in the Payment to amount of$80,000 to the Grants Fund; and NCTCOG 6. Authorize payment of $80,000 to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed in full upon Project completion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 22 of 48 Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15241 Revised be approved and Resolution No. 3385-07-2006 and Appropriation Ordinance No. 17042-07- 2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Wheatfall stepped away from the dais and left the meeting.) G-15262 There was presented Mayor and Council Communication No. G-15262 from Advertise Bids to the City Manager recommending that the City Council authorize the City Lease City-Owned Manager to receive and consider bids for gas well development on City-owned Property for Gas Lake Worth Property described as 1700 acres more or less located west of Loop Well Development 820 on the south side of the lake in the J.F. Yarborough, S.M. Jamison, Juan Armendaris, Jacob Wilcox No. 1, Jacob Wilcox No. 2 and A.B. Conner Surveys in Tarrant County, Texas. The following individuals appeared before Council in support of the gas well development: Shelly Harper, Ms. Shelly Harper 6301 Cahoka Drive Gale Cupp, Ms. Gale Cupp 9225 Heron Drive Joe Waller Mr. Joe Waller 2533 Castle Circle Council Member Burdette made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G-15262 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15269 There was presented Mayor and Council Communication No. G-15269 from Ord. No. 17043- the City Manager recommending that the City Council consider and adopt the 07-2006 findings and opinions of the City staff as presented herein; find that the public Grant Use of necessity and convenience require the operation of 50 shuttles upon the city Streets,Alleys and streets, alleys and thoroughfares; and adopt Ordinance No. 17043-07-2006 Public granting to City Shuttle, L.L.P., the privilege to use the streets, alleys and Thoroughfares to public thoroughfares of the City in the conduct of its shuttle business, which City Shuttle, shall consist of the operation of fifty (50) shuttles for a period beginning on L.L.P. July 11, 2006, and ending July 10, 2009; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by City Shuttle, L.L.P., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 23 of 48 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15269 be approved and Ordinance No. 17043-07-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15274 There was presented Mayor and Council Communication No. G-15274 from Continued Until the City Manager recommending that the City Council adopt an ordinance July 18, 2006 amending Ordinance No. 16894 to allow package or liquor stores as an allowed use and to exclude gasoline sales, check cashing stores, discount tobacco stores, and pawn shops as permitted uses; to require the construction of a six foot masonry wall, a twenty foot setback along the west property line and not to extend Marguerite Lane from the current stub out for Zoning Case No. ZC-06- 017 for property located at 8000 and 8080 West Cleburne Road. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15274 be continued until the July 18, 2006, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15275 There was presented Mayor and Council Communication No. G-15275 from File Lawsuit the City Manager recommending that the City Council authorize the City Against Will Attorney to file a lawsuit pursuant to Chapter 211 of the Texas Local Rogers Properties, Government Code against Will Rogers Properties, L.L.C., an owner of L.L.C., Gail properties located in the City of Fort Worth; authorize the City Attorney to file Holmes, and a lawsuit pursuant to Chapter 211 of the Texas Local Government Code against Coliseum Gail Holmes, an owner of properties located in the City of Fort Worth; and Properties, Inc., authorize the City Attorney to file a lawsuit pursuant to Chapter 211 of the Texas Local Government Code against Coliseum Properties, Inc., an owner of properties located in the City of Fort Worth. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15275 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 24 of 48 G-15276 There was presented Mayor and Council Communication No. G-15276 from Condemn the City Manager recommending that the City Council declare that negotiations Property Located between Carter & Burgess, its agents and sub-agents, and the Landowner, to in Denton County acquire the Subject Parcel on behalf of the City of Fort Worth, were and in unsuccessful; declare the necessity to acquire, by condemnation, 4.548 acres Extraterritorial from a 73.70 acre tract and is more specifically described in the Wm. Sample Jurisdiction of Surveys Abstract No. 1207 ("Subject Parcel"). Subject parcel is located in City for Denton County and in the Extraterritorial Jurisdiction of the City of Fort Worth Relocation and owned by Bonnie J. Robison, Temporary Administratrix of Estate of Lynne Related Weil, Deceased for the relocation and related construction of FM 156, a Construction of highway dedicated to public use; declare that the taking of the subject parcel is FM 156 necessary and that the subject parcel will be used in the relocation and related construction of FM156, a highway dedicated to public use; and authorize the City Attorney and/or Whitaker Chalk, Swindle & Sawyer, L.L.P. to institute condemnation proceedings to acquire fee simple interest in the surface estate, but not the mineral estate, of the subject parcel. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15276 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15277 There was presented Mayor and Council Communication No. G-15277 from Initiate Rezoning of the City Manager recommending that the City Council authorize the City Certain Properties Manager to initiate rezoning of certain properties located within the Westcliff Within Westcliff West Neighborhood, in accordance with the 2006 Comprehensive Plan. West Neighborhood in Accordance with Council Member Silcox made a motion, seconded by Council Member Espino, 2006 Comprehensive that Mayor and Council Communication No. G-15277 be approved. The Plan motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15278 There was presented Mayor and Council Communication No. G-15278 from Ord. No. 17044-07- the City Manager recommending that the City Council adopt a supplemental 2006 appropriation ordinance increasing estimated receipts and appropriations in the Payment to North Culture and Tourism Fund in the amount of $40,475.00 from available funds Texas Cutting for the purpose of funding incentives to the National Cutting Horse Champions Club to Association; and authorize a payment of$40,475.00 to the North Texas Cutting Promote Equestrian Events at Will Champions Club to promote Equestrian Events at the Will Rogers Memorial Rogers Memorial Complex. Complex CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 25 of 48 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15278 be approved and Supplemental Appropriation Ordinance No. 17044-07-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15279 approve a request for a High Impact gas well permit by XTO Energy, known as Continued Until the Burkhalter-1H and 2H gas wells on the A-Pad at the Burkhalter Lease July 18, 2006 consisting of approximately 151.79 acres in the Hiram Little Survey, Abstract No. 930 (GW-006-022). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Tom Edwards, Gas Well Inspector, Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15279, as follows: There was presented Mayor and Council Communication No. G-15279 from the City Manager recommending that the City Council approve the High Impact gas well permit request of XTO Energy to allow the drilling of the Burkhalter- 1H and 2H gas wells on the A-Pad at the Burkhalter Lease, consisting of approximately 151.79 acres in the Hiram Little Survey, Abstract No. 930, Case No. GW-006-002. Walter Dugease Mr. Walter Dugease, 810 Houston Street, representing XTO Energy, appeared before Council in support of the gas well permit. He provided a slide presentation to the Council which addressed the land use and location of the wells and day and night ambient average sound levels. He stated that the company had complied with notice requirements, hours of operation and delivery and asked that the Council favorably consider the permit. Mayor Pro tem Hicks stated that Burleson Independent School District was north of the proposed site and to the east was residential. She inquired what property was to the west. Mr. Dugease responded by stating the property to the west was owned by Mr. and Mrs. Purselley and that they had been approached for the possibility of a drill site. He described the structures on the property and that if there were a surface hole location placed at the vicinity, the structures would be impacted greater by the 600-foot radius that would be drawn around the location. He added that the tract of land owned by the Purselley's did not allow for a surface drill site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 26 of 48 Mayor Pro tem Hicks asked staff if the residential development to the south was completed. Mr. Edwards stated that the neighborhood to the south had achieved build out and was complete. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15279 be continued until the July 18, 2006, City Council meeting, to allow her to meet with City staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15280 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-004, Amend Master to realign arterials within the Veal Ranch and surrounding properties, located in Thoroughfare south Fort Worth in the area bordered by Aledo Iona Road on the north, FM Plan, MT-06-004, 1187 on the south and west, and US 377 on the east. Mayor Moncrief opened to Realign the public hearing and asked if there was anyone present desiring to be heard. Arterials within Veal Ranch and Mr. Mark Rauscher, Planning and Development Manager, Transportation and Surrounding Public Works Department, appeared before Council, gave a staff report and Properties called attention to Mayor and Council Communication No. G-15280, as follows: There was presented Mayor and Council Communication No. G-15280 from the City Manager recommending that the City Council hold a public hearing concerning adoption of the proposed amendment to the Master Thoroughfare Plan; and close the public hearing and adopt the proposed amendment to the Master Thoroughfare Plan (MTP), MT-06-004, to realign arterials within the Veal Ranch and surrounding properties, in the area bordered by Aledo Road on the north, FM 1187 on the south and west, and US 377 on the east. This MTP Amendment realigns proposed Markum Ranch Road which creates a continuous north-south Major Arterial and realigns Dean Ranch Road to connect with the east-west alignment of FM 1187 at Aledo Iona Road. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15280 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 27 of 48 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15281 adopt the Standards of Care for Youth Programs in the Parks and Community Adopt Standards Services Department. Mayor Moncrief opened the public hearing and asked if of Care for Youth there was anyone present desiring to be heard. Programs in Parks and Community Mr. Randle Harwood, Parks and Community Services Department Acting Services Director, appeared before Council, gave a staff report and called attention to Department Mayor and Council Communication No. G-15281, as follows: There was presented Mayor and Council Communication No. G-15281 from the City Manager recommending that the City Council adopt the Standards of Care for Youth Programs in the Parks and Community Services Department. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-15281 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Davis stated that Mayor and Council Communication Nos. G- 15282 through G-15289 were all located on West Vickery Boulevard in District 9 and pertained to relocation of properties for the Southwest Parkway Project. She made a motion, seconded by Council Member Silcox, that Mayor and Council Communication Nos. G-15282 through G-15289 be approved as follows. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15282 Mayor and Council Communication No. G-15282 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Printz & Associates, PC, as a displaced business, from Moving Expenses 3519 West Vickery Boulevard, Suite 205, Parcel No. 55-A1, in the Vickery for Southwest Corridor, for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project G-15283 Mayor and Council Communication No. G-15283 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Market Energy Advisors, LLC, as a displaced business, Moving Expenses from 3519 West Vickery Boulevard, Suite 203, in the Vickery Corridor, Parcel for Southwest No. 55-A2 for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 28 of 48 G-15284 Mayor and Council Communication No. G-15284 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Southwest Sports Massage, as a displaced business, from Moving Expenses 3519 West Vickery Boulevard, Suite 110, in the Vickery Corridor, Parcel No. for Southwest 55-A4 for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project G-15285 Mayor and Council Communication No. G-15285 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Environmental Research Group, LLC, as a displaced Moving Expenses business, from 3519 West Vickery Boulevard, Suite 200, in the Vickery for Southwest Corridor, Parcel No. 55-A6 for right-of-way for the Southwest Parkway Project Parkway Project (DOE 3777). G-15286 Mayor and Council Communication No. G-15286 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to CNB Sales, as a displaced business, from 3519 West Moving Expenses Vickery Boulevard, Suite 204, in the Vickery Corridor, Parcel No. 55-A7 for for Southwest right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project G-15287 Mayor and Council Communication No. G-15287 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Cherie Holland, Inc., as a displaced business, from 4425 Moving Expenses West Vickery Boulevard, Suite 300, in the Vickery Corridor, Parcel No. 87-A3 for Southwest for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project G-15288 Mayor and Council Communication No. G-15288 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to Doug Owens Insurance, as a displaced business, from 4425 Moving Expenses West Vickery Boulevard, Suite 400, in the Vickery Corridor, Parcel No. 87- for Southwest A4a for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project G-15289 Mayor and Council Communication No. G-15289 from the City Manager Payment of recommending that the City Council authorize the payment of relocation and Relocation and moving expenses to The Way to Wellness, as a displaced business, from 4425 Moving Expenses West Vickery Boulevard, Suite 100, in the Vickery Corridor, Parcel No. 87- for Southwest Alb for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 29 of 48 PZ-2686 City Secretary Hendrix stated that staff had recommended that PZ-2686, Heard with Institution and Adopt Ordinance for Voluntary Annexation of Approximately Zoning Docket No. 28.943 Acres of Land in Tarrant County, Located East of Boat Club Road, ZC-06-113 North of Haltom Bailey Boswell Road and South of Park Drive (AX-06-004, The Parks at Boat Club, item be moved down on the agenda to be considered with Zoning Docket No. ZC-06-113. (See Page 36) Public Hearing It appeared that the City Council set today as the date for a public hearing to C-21558 designate Fort Worth Neighborhood Empowerment Reinvestment Zone No. 31 Ord. No. 17045- and authorize entering into a Tax Abatement Agreement with JaGee Real 07-2006 Properties, L.P., for property located at 245 Bailey Avenue in the West 7th JaGee Real Street/University Neighborhood Empowerment Zone. Mayor Moncrief opened Properties, L.P. the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C-21558, as follows: There was presented Mayor and Council Communication No. C-21558 from the City Manager recommending that the City Council hold a public hearing concerning the designation of 1.1500 acres of land as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 31; adopt an ordinance amending Ordinance No. 15861 by removing certain property from Neighborhood Empowerment Reinvestment Zone No. 14 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone No. 31, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone; find that the statements set forth in the recitals of the Tax Abatement Agreement with JaGee Real Properties, L.P., are true and correct; approve a five-year Municipal Property Tax Abatement for a property located at 245 Bailey Avenue in the West 7th Street/University Neighborhood Empowerment Zone (NEZ) owned by JaGee Real Properties, L.P.; and authorize the City Manager to enter into a Tax Abatement Agreement with JaGee Real Properties, L.P., for the property located at 245 Bailey Avenue in the West 7th Street/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 30 of 48 Communication No. C-21558 be approved and Ordinance No. 17045-07-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21559 There was presented Mayor and Council Communication No. C-21559 from the Res. No. 3386-07- City Manager recommending that the City Council adopt a concurrent 2006 resolution of the City Councils of the cities of Dallas and Fort Worth, Texas: City of Dallas, (1) approving the June 15, 2006, Joint Statement among the City of Dallas, City Southwest Airlines of Fort Worth, Southwest Airlines, American Airlines and DFW International Co.,American Airport (the "parties") to resolve the "Wright Amendment" issues; (2) Airlines, Inc., and authorizing the execution of a contract between the parties incorporating the DFW terms of the June 15, 2006, Joint Statement; and (3) requesting the United International States Congress to incorporate the terms of the June 15, 2006, Joint Statement Airport Board in any legislation enacted by Congress regarding the "Wright Amendment"; and authorize execution of the contract among the City of Dallas, the City of Fort Worth, Southwest Airlines Co., American Airlines, Inc., and DFW International Airport Board incorporating the substance of the terms of the June 15, 2006, Joint Statement between the parties to resolve the "Wright Amendment" issues. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21559 be approved and Concurrent Resolution No. 3386-07-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21560 There was presented Mayor and Council Communication No. C-21560 from the Turner Collie and City Manager recommending that the City Council authorize the City Manager Braden to execute an Engineering Services Contract with Turner Collie and Braden in the amount of $1,321,750.00 for the Conceptual and Schematic Bridge Design/Engineering and Environmental Analysis for the Fort Worth Central City Project, also known as Trinity Uptown Bridges (2004 CIP Project 00144). Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21560 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 31 of 48 C-21561 There was presented Mayor and Council Communication No. C-21561 from the 2"d Amendment- City Manager recommending that the City Council authorize the City Manager Fort Worth to execute the Second Amendment to the Lease Agreement with the Fort Worth Museum of Museum of Science and History Corporation to include property south of the Science and National Cowgirl Museum and Hall of Fame for the placement of the History temporary buildings for a period of one year. Corporation Council Member Burdette advised Council stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21561 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Burdette abstaining and Council Member Wheatfall absent. C-21562 There was presented Mayor and Council Communication No. C-21562 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 $1,116,783.40 for H.M.A.C. Surface Overlay 2006-12, Section 2 on portions of Wichita Street, Anglin Drive and Lon Stephenson Drive. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21562 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21563 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21563, Approval of Interlocal Agreement with the Trinity Regional Water District for Provision of Services by the Environmental Management Department, be withdrawn from consideration. C-21564 There was presented Mayor and Council Communication No. C-21564 from the Johnson County City Manager recommending that the City Council authorize the City Manager Special Utility to execute an agreement for the Sale of Treated Water, Sewer Service Billing District and Agreement and Buy-Out Option Agreement with Johnson County Special Briscoe Clark Utility District for wholesale water service and billing of wastewater service to Company, Ltd. the Bridges Subdivision; and authorize the City Manager to execute a Community Facilities Agreement with Briscoe Clark Company, Ltd., for construction of wastewater infrastructure to serve the Bridges Subdivision in the City of Fort Worth's Extraterritorial Jurisdiction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 32 of 48 Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21564 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21565 There was presented Mayor and Council Communication No. C-21565 from the Ord. No. 17046- City Manager recommending that the City Council authorize the City Manager 07-2006 to enter into an Interlocal Agreement with the Crowley Independent School Crowley District to Master Plan and develop a Joint Use Facility at Southwest Independent Community Park; and adopt an appropriation ordinance increasing estimated School District receipts and appropriations in the Park Gas Lease Project Fund in the amount of $348,118.60 from Gas Well Bonus Revenues for the purpose of funding the Southwest Community Park. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21565 be approved with appreciation to the Parks and Community Services Department and Crowley Independent School District and Appropriation Ordinance No. 17046-07-2006 be adopted with appreciation to the Parks and Community Services Department and Crowley Independent School District (ISD). The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Jordan acknowledged the presence of Mr. Steve Strickland from the Crowley ISD. C-21566 There was presented Mayor and Council Communication No. C-21566 from the Freese and City Manager recommending that the City Council authorize the City Manager Nichols, Inc. to execute a professional services agreement with Freese and Nichols, Inc., in the amount of $64,300.00 for Phase I - Conceptual Design for the proposed Lancaster Pedestrian Bridge. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21566 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Davis requested that staff provide a report relative to pedestrian connectivity into the mixed used development that was part of this grant application that provided the money to the City for the bridge. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 33 of 48 C-21567 There was presented Mayor and Council Communication No. C-21567 from the West Fork City Manager recommending that the City Council authorize the City Manager Pipeline Company to convert the dedicated parkland for use of a natural gas pipeline to be placed in a portion of land situated in Mallard Cove Park, Williams Masters Survey, Abstract No. 1048, and in the William Morris Survey, Abstract No. 1053, Fort Worth, Tarrant County, Texas; authorize the execution of a License Agreement with West Fork Pipeline Company to construct park improvements at a value equal to or greater than the assessed $6,720.00 License Agreement fee; and authorize the acceptance of park facility improvements valued at $6,720.00 in- lieu-of the assessed License Agreement fee. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21567 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XV It appeared that the City Council set today as the date for a public hearing to Public Hearing take public comment on a proposed City ordinance regulating secondary metal Regulate recyclers. City staff had requested this public hearing and ordinance be Secondary Metal continued to the next meeting. Mayor Moncrief opened the public hearing and Recyclers asked if there was anyone present desiring to be heard. Continued Until July 18, 2006 Mayor Pro tem Hicks stated that she was not aware that the public hearing would be continued and advised the Council that citizens from the area were present in the Council Chamber to speak on this issue. She requested Council's consideration to allow the citizens to address the Council. The following individuals appeared before Council in support of the ordinance. They expressed concern relative to theft of property and copper from air conditioners, damage to property due to vandalism, and requested that the ordinance be made stronger to discourage theft. Johnny Lewis, Mr. Johnny Lewis 953 E. Terrell Street Vincent Fuentes, Mr. Vincent Wimbish 5504 Brentwood Stair Road Erin Lewis, Ms. Erin Lewis 1100 E. Humbolt Street Michael Thames Mr. Michael Thames 713 E. Stella It was the consensus of the City Council that this item be continued to the July 18, 2006, City Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 34 of 48 AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that Resolution No. 3374-06-2006 was adopted Hearing on June 20, 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 June 22, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-002 Council Member Silcox made a motion, seconded by Council Member Davis, Approved that the application of K.G. Fischer for a change in zoning of property located at 3734 Carolyn Road from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "B" Two-Family Residential, plus continued use of a triplex and with site plan required, Zoning Docket No. ZC- 06-002, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-021 It appeared that the City Council, at its meeting of June 13, 2006, continued the Continued Until Zoning Hearing of the application of Midway Industrial Trust for a change in September 12, zoning of property located in the 12000 block of Trinity Boulevard from "J" 2006 Medium Industrial to (Tract 1) "PD/SU" Planned Development/Specific Use for "R-2" Townhouse/Cluster Residential, subject to the following, with no front entry garages, and with waiver of site plan recommended, and (Tract 2) "E"Neighborhood Commercial, Zoning Docket No. ZC-06-021: 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 steel 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 dark 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; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 35 of 48 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. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Midway Industrial Trust, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-06-021 be continued until the September 12, 2006, City Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-084 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of Linda and Ronald Rhodes for a change in zoning of property located at 5287 and 5291 Boat Club Road from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for professional office, single story structure, with site plan required, Zoning Docket No. ZC- 06-084, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-087 It appeared that the City Council, at its meeting of June 20, 2006, continued the Continued Until Zoning Hearing for Zoning Docket No. ZC-06-087, Text Amendment for August 8, 2006 development standards definitions. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-087 be continued until the August 8, 2006, City Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-107 Council Member Espino made a motion, seconded by Council Member Approved Burdette, that the application of the Tarrant County Hospital District for a change in zoning of property located at 2200 Ephriham Avenue from "D" High-Density Multi-Family Residential to "CF" Community Facilities, Zoning Docket No. ZC-06-107, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 36 of 48 SP-06-014 Council Member Espino made a motion, seconded by Council Member Approved Burdette, that the application of Beach/North Tarrant for site plan of property located in the 8400 block of North Beach Street for mini warehouses, Site Plan No. SP-06-014, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. SP-06-015 Council Member Scarth made a motion, seconded by Council Member Silcox, Approved that the application of Lyden Properties for site plan of property located at 306 and 308 North Beach Street for a towing facility, Site Plan No. SP-06-015, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-110 Council Member Davis asked if the applicant had met with Fort Worth South SP-06-016 on this zoning change. Moved to End of Agenda Mr. Michael Callan, 7101 Monterrey Drive, representing the applicant, stated Michael Callan that he was not sure if a meeting had taken place. Council Member Davis requested that the application of Gordon Pritchard for a change in zoning of property located at 3637 8th Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for contractor's office, warehouse and outside storage, with screening fence on south side of property, and with site plan required, Zoning Docket No. ZC-06-110 and Site Plan No. SP-06-016, be moved until the end of the agenda to allow Mr. Callan an opportunity to contact the applicant. ZC-06-111 Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, Approved that the application of Harmon Road/287 Partners, et al., for a change in zoning of property located in the 800 block of East Harmon Road from "A-5" One- Family Residential and "E" Neighborhood Commercial to (Tract 1) "E" Neighborhood Commercial and (Tract 2) "A-5" One-Family Residential, Zoning Docket No. ZC-06-111, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2686 Council Member Burdette advised the Council that he had filed a Conflict of Ord. No. 17047- Interest Affidavit with the City Secretary and would be abstaining from voting 07-2006 on this item and its associated zoning case ZC-06-113. Voluntary Annexation There was presented Mayor and Council Communication No. PZ-2686 from the (AX-06-004, The City Manager recommending that the City Council adopt an ordinance Park at Boat declaring certain findings; providing for the extension of certain boundary Club) limits of the City of Fort Worth; providing for the annexation of an CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 37 of 48 approximately 28.9 acre tract of land situated in the G.T. Walters Survey, Abstract No. 1696, the R. Whitley Survey, Abstract No. 1672, and the B. Thomas Survey, Abstract No. 1497, Tarrant County, Texas (Case No. AX-06- 004, The Parks at Boat Club), which said territory lies adjacent to and adjoins the present corporate boundary limits adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2686 be approved and Ordinance No. 17047-07-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Burdette abstaining and Council Member Wheatfall absent. ZC-06-113 Council Member Scarth made a motion, seconded by Council Member Davis, Approved that the application of Centex Homes for a change in zoning of property located in the 9400 block of Park Drive from Unzoned and "AG" Agricultural to "A-5" One-Family Residential, Zoning Docket No. ZC-06-113, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Burdette abstaining and Council Member Wheatfall absent. ZC-06-117 Council Member Silcox made a motion, seconded by Council Member Espino, Approved that the application of Paul and Judy Andrews for a change in zoning of property located in the 3600 block of Alameda from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for storage of personal antique and classic automobiles, an 80-foot building setback along the north property line, no signage, and with waiver of site plan recommended, Zoning Docket No. ZC-06-117, be approved as amended subject to the following limitations: 1. No outside storage. No repair or maintenance of vehicles outside. 2. No exterior signage. 3. No wholesale or retail sales. 4. All lighting on the north property line will be directed towards the south so as not to encroach into the adjacent residential property. No light shall shine over the north property line. 5. The building will be set back 100 feet from the east property line. 6. The building will be set back 120 feet from the north property line. 7. A decorative wrought iron fence will be constructed along the north property line. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 38 of 48 8. The property will be landscaped as per City ordinances. In addition, the north property line shall be landscaped with red tip photinias so that at maturity they will constitute a"plant screen." The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-120 Council Member Jordan made a motion, seconded by Council Member Davis, Approved that the application of C.L. Texas, L.P., for a change in zoning of property located in the 400 block of the proposed McPherson Road from "C-R" Low Density Multi-Family Residential, "E" Neighborhood Commercial, "G" Intensive Commercial and "A-R" One-Family Residential Restricted to (Tracts 1, 2 and 3) "E" Neighborhood Commercial, (Tract 4) "A-5" One-Family Residential, Zoning Docket No. ZC-06-120, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-121 Council Member Davis made a motion, seconded by Council Member Silcox, Approved that the application of Texas Christian University for a change in zoning of property located at 3067 and 3071 Odessa from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use, excluding the following: ambulance dispatch station, blood bank, electric power substation, probation or parole office, auto repair, paint and body shop, boat rental or sales, cold storage or ice plant, gunsmithing repair or sales, mini-warehouses, newspaper distribution center, assembly of pre-manufactured parts except for vehicles, trailers, airplanes, mobil homes, bottling works, milk or soft drinks, manufacture of artificial flowers, ornaments, tents, bags, cleaning or polishing preparations, small boats novelties and clothing, monument or marble works, finishing or carving only, monument works, stone, warehouse, or bulk storage, welding shop, custom work (not structural), with waiver of site plan recommended, Zoning Docket No. ZC-06- 121, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket Nos. ZC-06-122 through ZC-06-156, with the exception of ZC-06-149, on the published agenda and as follows be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 39 of 48 ZC-06-122 Application of the City of Fort Worth for a change in zoning of property Approved located in the 2900 block of Avenue L from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-122. ZC-06-125 Application of the City of Fort Worth for a change in zoning of property Approved located at 2725 Northwest 16th Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-125. ZC-06-126 Application of the City of Fort Worth for a change in zoning of property Approved located at 2321 and 2323 North Houston Street from "I" Light Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-126. ZC-06-127 Application of the City of Fort Worth for a change in zoning of property Approved located at 321 North Judkins from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-127. ZC-06-128 Application of the City of Fort Worth for a change in zoning of property Approved located at 3008 Lee Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-128. ZC-06-130 Application of the City of Fort Worth for a change in zoning of property Approved located at 3101 Hanna Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-130. ZC-06-131 Application of the City of Fort Worth for a change in zoning of property Approved located at 3700 Burnice Drive from "B" Two-Family Residential to"A-5" One- Family Residential, Zoning Docket No. ZC-06-131. ZC-06-132 Application of the City of Fort Worth for a change in zoning of property Approved located at 4108 and 4116 Carey Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-132. ZC-06-133 Application of the City of Fort Worth for a change in zoning of property Approved located at 2001 Danner Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-133. ZC-06-134 Application of the City of Fort Worth for a change in zoning of property Approved located at 4811 Fitzhugh Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-134. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 40 of 48 ZC-06-135 Application of the City of Fort Worth for a change in zoning of property Approved located at 1106 Griggs Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-135. ZC-06-136 Application of the City of Fort Worth for a change in zoning of property Approved located at 1504 Lindsey Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-136. ZC-06-137 Application of the City of Fort Worth for a change in zoning of property Approved located at 3704 Millet Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-137. ZC-06-138 Application of the City of Fort Worth for a change in zoning of property Approved located at 4921 Richardson Street from "FR" General Commercial Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-06-138. ZC-06-139 Application of the City of Fort Worth for a change in zoning of property Approved located at 1917 Schmidt Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-139. ZC-06-140 Application of the City of Fort Worth for a change in zoning of property Approved located at 3008 East 4th Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-140. ZC-06-141 Application of the City of Fort Worth for a change in zoning of property Approved located at 3805 Avenue G from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-141. ZC-06-142 Application of the City of Fort Worth for a change in zoning of property Approved located at 3800 and 3802 Avenue H from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-142. ZC-06-143 Application of the City of Fort Worth for a change in zoning of property Approved located at 1458 and 1506 Belzise Terrace from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-143. ZC-06-144 Application of the City of Fort Worth for a change in zoning of property Approved located at 2709 Belzise Terrace from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-144. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 41 of 48 ZC-06-145 Application of the City of Fort Worth for a change in zoning of property Approved located at 2008 and 2012 Brookes Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-145. ZC-06-146 Application of the City of Fort Worth for a change in zoning of property Approved located at 2916 Canberra Court from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-146. ZC-06-147 Application of the City of Fort Worth for a change in zoning of property Approved located at 2906 Gipson Court from "J" Medium Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-147. ZC-06-148 Application of the City of Fort Worth for a change in zoning of property Approved located at 1944 Greenfield Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-148. ZC-06-150 Application of the City of Fort Worth for a change in zoning of property Approved located at 945 East Jessamine Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-150. ZC-06-151 Application of the City of Fort Worth for a change in zoning of property Approved located at 1332 East Ramsey Avenue from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-151. ZC-06-152 Application of the City of Fort Worth for a change in zoning of property Approved located at 3428, 3502, 3510 Avenue H and 3503 Avenue I from "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 06-152. ZC-06-153 Application of the City of Fort Worth for a change in zoning of property Approved located at 925 Irma and 926 East Oleander from "B" Two-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-06-153. ZC-06-154 Application of the City of Fort Worth for a change in zoning of property Approved located at 2008 and 2010 Avenue D from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-154. ZC-06-155 Application of the City of Fort Worth for a change in zoning of property Approved located at 3133 South Jennings Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-155. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 42 of 48 ZC-06-156 Application of the City of Fort Worth for a change in zoning of property Approved located at 1724 May Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-156. ZC-06-149 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Continued Until that the application of the City of Fort Worth for a change in zoning of property July 18, 2006 located at 1733 East Hattie Street from "B" Two-Family Residential and "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-06-149, be continued until the July 18, 2006, City Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-157 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of the City of Fort Worth for a change in zoning of property located in the 1805 through 2021 blocks of Ashland Avenue from "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 06-157, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-158 Mr. Bob Riley, Development Department Director, advised the Council that a Approved letter of appeal had been received from the property owner at 2100 Ashland and that a super majority vote was required by the Council to approve the zoning. Council Member Burdette made a motion, seconded by Council Member Davis, that the application of the City of Fort Worth for a change in zoning of property located in the 2100 through 2321 blocks of Ashland Avenue from "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 06-158, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-159 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 1703 through 1825 blocks of Thomas Place from "B" Two-Family Residential, "B/HC" Two-Family Residential/Historic and Cultural Overlay to "A-5" One-Family Residential and "A-5/HC" One-Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC-06-159, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 43 of 48 ZC-06-160 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 2100 through 2318 blocks of Thomas Place from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-160, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-161 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 4301 through 4339 blocks of El Campo Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-161, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-162 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 4201 through 4237 blocks of El Campo Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-162, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-090 Council Member Davis made a motion, seconded by Council Member Silcox, SP-06-012 that the application of Ronald E. Moore for a change in zoning of property Denied Without located at 2711 Park Hill Drive from "B" Two-Family Residential to "PD/SU" Prejudice Planned Development/Specific Use for all uses in "CR" Low-Density Multi- Family Residential, subject to the following as described below, and with site plan required, Zoning Docket No. ZC-06-090 and Site Plan No. SP-06-012, be denied without prejudice: Open Space Minimum 45 percent of total site area. Open space shall include all vegetation areas, (including perimeter building setbacks or yards), ponds, sidewalks, pools, pool decks, gazebos,arbors and covered patios attached to dwelling units. Units Per Acre 13.5 maximum Front Yard 30 feet maximum Rear Yard 20 feet minimum Side Yard 20 feet minimum Note: The front, rear or side yards specified above shall not be subject to projected yards. Residential Setback 20 feet minimum CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 44 of 48 Height Three stories or 32 feet maximum, measured from first finish floor to top of third floor plate. Buildings having a basement below the first floor will be allowed an additional 12 feet for a basement measured from the first level finish floor to the lower basement finish floor. The building height fronting any public street or the north property line will be limited to three stories without basements. Parking One space per bedroom plus one space per 250 square feet of common areas, offices, and recreation (less laundry rooms and storage). Two spaces may be tandem if assigned to the same unit and restricted from use as storage. Siege Four(4)ground mounted monument signs will be allowed for the site,each up to 8 feet in height. Carports Carports are not allowed the in 10 foot front yard line or in any other required setback as outlined above, however carports shall be allowed within the Residential Setback and shall be a setback a minimum of five feet Fencing Wrought iron fences up to six feet in height may be allowed in the front yard setback. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. (Mayor Moncrief stepped away from the dais.) ZC-06-091 Ms. Cindy Holt, 2833 Weisenberger, appeared before Council in support of the Denied With denial. She stated that the developer did not give the neighborhood an Prejudice opportunity to address the zoning change. She expressed concern with the Cindy Holt application process and requested that the City slow the process to encourage communication between the developer and affected neighborhood. She suggested that City staff act as a mediator between the developer and neighborhood. Jesse Sandoval Mr. Jesse Sandoval, 2712 Weisenberger, appeared before Council in support of the denial. He requested the Council deny the zoning change to preserve the neighborhood. (Mayor Moncrief returned to his chair at the dais.) Phillip Poole Mr. Phillip Poole, 2918 Wingate, representing the property owner, appeared before Council in opposition of the denial. He stated that Mr. Ayes, the property owner had been a property owner in the area for 40 years and that he had rental property that he had maintained with perfect rental scores for low and moderate incomes. He added that Mr. Ayers needed to down zone what CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 45 of 48 was a mix grouping of zoning, i.e., industrial, high intensity apartments, and neighborhood commercial, all inconsistent with the City's Comprehensive Plan. He further stated a true land use plan had not been done on this area and it was their desire to work with the neighborhood to develop the appropriate zoning. He added that unfortunately the neighborhood was caught as a victim of the success of Montgomery Plaza and the additional area around it. He advised the Council that no person that owned a single family home or lived there had ever been threatened in any way and that they were willing sellers and buyers looking at producing a better quality product in the neighborhood. He added 24 percent of the neighborhood was either abandoned or boarded up, but there was a core group of people who was focused on taking care of their homes and another group of speculators that were not interested in maintaining the homes. He continued by stating that he had been an advocate to re-look at the Cultural District Plan and to downzone to a single family category would constitute a taking for people who had a higher zoning category in place now. He completed his remarks by stating that he took exception to the characterization of Mr. Ayers being an evil slumlord or speculator from those who were challenging him. Mayor Moncrief stated that this neighborhood had lived in the shadows of the City for years and that nobody paid attention to them until after the tornado hit. He added that the awareness came when it was learned about the contract for deed activities that were taking place and conning people out of their homes and dreams. He referred to the Senate Bill he initiated to make the necessary changes in the law to protect people from this activity and that he erred on the side of the property owners and those who lived in the area. He added that the Council was sensitive to what this neighborhood had been through once and did not need to go through again. Council Member Davis stated she wanted to work with the neighborhood and property owners and that she agreed with Mr. Poole's characterization that Mr. Ayers was not an absentee investor in the neighborhood. She added that the current zoning was terrible for the area and that if it were developed under the existing zoning it would be disastrous. She further stated that a plan needed to be devised that everyone agreed on. She added that many of the investors owned these properties by virtue of taking advantage of persons who believed they were purchasing homes from them, and who paid for years and years on the homes, only to see them taken away when they found out they had no rights under the contract for deed that was being used to purportedly purchase the house. She stated that she did not want to reward that behavior in terms of allowing those investors to reap a huge financial windfall by virtue of their CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 46 of 48 actions. She cautioned that there would be continuing development pressures on the neighborhood and that if the City could not devise a plan that worked for everyone, these types of cases would continue. She stressed that the City needed to be cognizant of the fact that as these areas grow, there was very little left that was affordable in the near downtown area. She added that she wanted to preserve the opportunity for the persons who lived there today, to continue to live there in the future in the same affordable opportunities that they have had for a long time. Council Member Davis made a motion, seconded by Council Member Jordan, that the application of James T. Ayres, et al., for a change in zoning of property located 357 and 359 Foch Street, 2705, 2709, 2713, 2717, 2721, 2725 and 2729 Azalea Avenue, 2716, 2720, 2724, 2728, 2732 and 2736 Mercedes from "D" High Density Multi-Family Residential, "ER" Neighborhood Commercial Restricted and "I" Light Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-091, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-095 Council Member Espino made a motion, seconded by Council Member Silcox, Denied With that the application of Zero Twelve Point Four, L.P., for a change in zoning of Prejudice property located at 3921 Keller Hicks Road from "E" Neighborhood Commercial to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-06- 095, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-097 Council Member Davis made a motion, seconded by Council Member Silcox, SP-06-013 that the application of Kirk V. Engert for a change in zoning of property located Denied Without at 2325 and 2401 University Drive from "A-5" One-Family Residential to Prejudice "PD/SU" Planned Development/Specific Use for offices, with site plan required, Zoning Docket No. ZC-06-097 and Site Plan No. SP-06-013, be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-116 Council Member Espino made a motion, seconded by Council Member Davis, Denied With that the application of Seo's Family, Inc., for a change in zoning of property Prejudice located at 329 North Riverside Drive from "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, plus outside storage, and with waiver of site plan requested, Zoning Docket No. ZC-06-116, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Coucnil Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11, 2006 PAGE 47 of 48 ZC-06-110 Council Member Davis stated that she spoke with the Planning Department SP-06-016 staff and realized that this was south of the Fort Worth South area boundary and Continued Until that it was understandable that Mr. Pritchard had not met with the August 8, 2006 neighborhood. She expressed concern that for a long time this property had operated outside of the proper zoning category, but that she understood that one of the buildings had burned down. She stated that she would like to meet with the neighborhood adjacent to the business to make sure they had no concerns. Council Member Davis made a motion, seconded by Council Member Jordan, that the application of Gordon Pritchard for a change in zoning of property located at 3637 8th Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for contractor's office, warehouse and outside storage, with screening fence on south side of property, and with site plan required, Zoning Docket No. ZC-06-110 and Site Plan No. SP-06-016, be continued until August 8, 2006. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall 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 Davis made a motion, seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17048-07-2006 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 Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 11,2006 PAGE 48 of 48 Item XVII City Secretary Hendrix advised the Council that Mr. Curtis Lee Winston, 4409 Citizen Martin Street, would not attend the meeting this evening to speak before Presentations Council relative to Development Department issues. Curtis Lee Winston (Council Member Espino stepped away from the dais.) Richard Linnartz Mr. Richard Linnartz, 1400 Robinwood Drive, President of the Carter Riverside Neighborhood Association, appeared before Council and stated that the association would like to honor the service of Doyle Willis, Sr., by dedicating some facility in their part of the City. He added that the association had been working with the Willis family on this endeavor and wanted to advise the Council of their plans. (Council Member Espino returned to his chair at the dais.) Clifford Proffitt Mr. Clifford Proffitt, P. O. Box 7484, appeared before Council in support of a tribute to Doyle Willis, Sr. Mayor Moncrief congratulated Ms. Mae Ferguson, Executive Director for Fort Worth Sister Cities International, for being sworn in as President, Sister Cities International. Agenda Item XIX There being no further business,the meeting was adjourned at 9:46 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 18th day of July, 2006. Attest: Approved: y Marty Hen ix Mic ael J ncn City Secretary Mayor