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HomeMy WebLinkAbout2006/08/08-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 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 7:00 p.m. on Tuesday, August 8, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Council Member Salvador Espino. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of August 8, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Jordan presented a Proclamation for the USMC Combat Special Helicopter Association Reunion Days to J. D. Barber, President USMC/Combat Presentations Helicopter Association. City Manager Boswell recognized former City Council Member Carlos Puente in the audience with the Association. Ms. Janie Christy, Fort Worth Independent School District, PIO Office representative, introduced students Broderick Greer, Callie Anderson and Isaac Mayo, who extended an invitation to the Mayor and Council to attend the Fort Worth Independent School District First Day of School Celebration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 2 of 26 Council Member Silcox presented a Certificate of Recognition to the Blue Soda Team of the Ridglea Hills Elementary School and recognized School Sponsor Lori Blakely, and Team Managers Lora and Ches Cecil. He informed Council that the students proudly brought home fifth-place honors in the Elementary Division of the Global Competition of Destination Imagination conducted in May at the University of Tennessee in Knoxville. Agenda Item VI Council Member Silcox acknowledged the attendance of Boy Scouts from Announcements Troop 330, Longhorn Council, of Birchman Baptist Church in the audience working towards their Communication Badge. Council Member Scarth expressed appreciation to the Office Depot stores for their generous donation of over 300,000 school back packs across the country, in which a great deal of them were donated in Fort Worth by the store off of Montgomery along with other school supplies. Council Member Espino expressed appreciation to Mr. Frank Crumb, Water Department Director, for attending a 7:00 a.m. meeting last Friday for the Northwest Mayor's Roundtable in the Trophy Club area to discuss unique water issues. He announced that Saturday, August 12, 2006, the Far North Fort Worth Alliance would have a meeting at the Snooty Pig Restaurant at 9:00 a.m. He also announced that a public meeting would be held on Roadway Improvement Fees Thursday, August 17, 2006, at 7:00 p.m. in the City Council Chamber Council Member Jordan wished his Council Aid, Madelyn Gibbs, a Happy Birthday. Council Member Wheatfall announced that a public hearing would be held at 6:00 p.m., Wednesday, August 9, 2006, at the Eugene McCray Community Center for the Residences at Eastland, a proposed tax credit property which would be located at Eastland and Interstate 820, by the New Rock Development and invited interested citizens to participate. Agenda Item VII Mayor Pro tem Hicks requested that Mayor and Council Communication No. Withdrawn from L-14217 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII There were no items continued or withdrawn by staff. Continued/ Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 3 of 26 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 items on the Consent Agenda as recommended and amended as follows: OCS-1569 M&C OCS-1569 - 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-15332 M&C G-15332 — Approving the settlement of the claim filed by Connie Settlement of Mullinex; authorizing the City Manager to execute the necessary settlement Claim— Connie documents; and authorizing settlement payment in the amount of$35,000.00 to Mullinex Connie Mullinex. G-15333 M&C G-15333 — Declaring the necessity of taking an interest in a portion of Condemnation— land described as Abstract 1047, Tract 1B07C1, John C. McCommas Survey, William H. and Tarrant County, Texas, owned by William H. and wife Betty Bowles for right- Betty Bowles for of-way in fee-simple title that is required for the construction of a cul-de-sac on Cul-de-Sac on Mesquite Road (DOE 4572); and authorizing the City Attorney to institute Mesquite Road condemnation proceedings to acquire the interest in the land. G-15334 M&C G-15334 - Adopting Appropriation Ordinance No. 17086-08-2006 Ord. No. 17086- increasing estimated receipts and appropriations in the Special Trust Fund in 08-2006 the amount of $100,000.00 from available funds for the purpose of funding FitFuture Kids FitFuture KIDS Fest on October 7, 2006, at Will Rogers Memorial Center; Fest Sponsorship authorizing the use of this money in promotion and execution of the FitFuture Funds KIDS Fest; and waiving any indirect costs to allow maximum use of funds towards delivery of this community event. G-15335 M&C G-15335 — Authorizing rejection of a proposal for animated video Reject Proposal production and a media buy because the proposal received was non-responsive; for "Buy and authorizing re-advertisement of these services. Recycling" Campaign Video & Media Buy and Authorize Re- Advertisement P-10431 M&C P-10431 — Authorizing non-exclusive purchase agreements for electrical Electrical Supplies supplies with Dealers Electrical Supply Co. and Rexel Summers Electrical Supplies for the City of Fort Worth based on the responsive bids received, with payment due 30 days from date of an invoice; authorizing these agreements to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 4 of 26 begin August 8, 2006, and expire August 7, 2007, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance to Local Government Code, Section 271.102, "Cooperative Purchasing Program." P-10432 M&C P-10432 — Authorizing an agreement with American Ice Machines, Inc., Lease of to lease used commercial-grade ice dispensing machines and storage bins to the Commercial- City of Fort Worth and repair city-owned units; and authorizing this agreement Grade Ice to begin September 5, 2006, and expire on September 4, 2007, with options to Dispensing renew for four additional one-year periods. Machines and Storage Bins P-10433 M&C P-10433 — Authorizing the sole source purchase of a Digital Expert Mideo Digital Imaging System inclusive of a stereo zoom microscope, ergonomic sperm cell Expert Imaging documenting microscope and requisite accessories and software from Mideo System Systems for the Police Department Forensics Division for a total cost not to exceed $42,984.84, with payment due 30 days from the date of invoice. P-10434 M&C P-10434 — Authorizing the purchase of a new flatbed crew cab pickup Flatbed Crew Cab truck utilizing Texas Association of School Boards Contract No. 208-04 with Pickup Truck Columbus County Ford for the Fire Department for a cost not to exceed $32,386.00 with payment due 30 days from the invoice date, with freight included in the unit price. L-14218 M&C L-14218 — Authorizing the City Manager to execute a sales contract with Sale of City- 1700 Mistletoe Partners, Ltd., a Texas Limited Partnership, for the direct sale of Owned Surplus city-owned property located at 1201 12th Avenue (Lot 2, Block 1, Fire Station Property No. 8 Addition) (DOE 4953) Fort Worth, Tarrant County, Texas for a sales price of $195,256.00 plus appropriate closing costs; and authorizing the City Manager to accept and record the appropriate instruments. L-14219 M&C L-14219 - Authorizing the sale of tax foreclosed property located at 1610 Sale of Tax Peach Street, described as Lot 8, Block 1, AJ Wolcott Sub, to Mo Peracha, Foreclosed d/b/a WestCrest Partners, LLC (DOE 920), in accordance with Section 34.05 of Property the Texas State Property Tax Code for the total amount of $2,680.07; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. {See page 18 for reconsideration and subsequent action.} CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 5 of 26 L-14220 M&C L-14220 - Authorizing the sale of tax foreclosed property located at 2937 Sale of Tax Gordon, described as Lot 10, Block 12, Prospect Heights Addition, to Brandon Foreclosed Waits d/b/a Tierra Group, LLC (DOE 920), in accordance with Section 34.05 of Property the Texas State Property Tax Code for the total amount of $9,986.00; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14221 M&C L-14221 - Approving the acquisition of one permanent sewer line Acquisition of easement and one temporary construction easement described as a portion of Permanent Sewer Lot 19, Block 13, South Seminary Addition, Tarrant County, Texas, from Line and Robert Nelsen, located in South Fort Worth, required for the construction of Temporary Sewer Infrastructure Improvements to serve the South Seminary Addition Construction (DOE 4109); finding that the price offered in the amount of$8,000.00, plus an Easement estimated closing cost of $1,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14222 M&C L-14222 - Authorizing the sale of tax foreclosed property located at 4513 Sale of Tax Wichita, described as Lot 98, Block A-5, Oaklawn Addition, to Larry Peoples Foreclosed d/b/a Tri-State Sports Entertainment, Inc. (DOE 920), in accordance with Property Section 34.05 of the Texas State Property Tax Code for the total amount of $19,585.32; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14223 M&C L-14223 - Authorizing the sale of tax foreclosed property located at 4909 Sale of Tax Fitzhugh, described as Lot 30, Block 1, Douglas Park Addition, to Roderick Foreclosed Williams (DOE 920), in accordance with Section 34.05 of the Texas State Property Property Tax Code for the total amount of$1,524.61; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14224 M&C L-14224 - Authorizing the sale of tax foreclosed property located at 801 Sale of Tax Beach Street, described as Lot 1, Block 4, Sycamore Heights Addition, to the Foreclosed City of Fort Worth Parks and Community Services Department (DOE 920), in Property accordance with Section 34.05 of the Texas State Property Tax Code for the total amount of$90,085.77; authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale; and dedicating the property as parkland. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 6 of 26 L-14225 M&C L-14225 - Authorizing the sale of tax foreclosed property located at 915 Sale of Tax Travis Avenue, described as Lot 30, Block 4, Park Sub, to Jerry Hawkins (DOE Foreclosed 920), in accordance with Section 34.05 of the Texas State Property Tax Code Property for the total amount of $13,169.57; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14226 M&C L-14226 - Authorizing the acquisition of three vacant residential lots Acquire Vacant described as Block 3, Lots 1, 2, 3, and 4 of the Morgan Heights Subdivision and residential lots— one single family residential property located at 3154, 3156, 3158 and 3160 Lebow Channel Schadt Street, and in conjunction with the Lebow Channel Watershed Watershed Improvements Project (DOE 4623); finding that the price offered in the amount of$80,464.00, plus an estimated closing cost of$3,000.00 is just compensation; and authorizing the execution of a purchase agreement with the owners and the acceptance and recording of appropriate instruments. L-14227 M&C L-14227 - Authorizing the acquisition of one vacant lot located at 1014 Acquire Vacant NW 36th Street on the West Side of Fort Worth Meacham International Airport Lot for Noise for the Noise Mitigation Program (DOE 4301); finding that the price offered in Mitigation the amount of $13,500.00 is just compensation for the acquisition of the Program property plus an estimated real estate tax pro-rated amount not to exceed $200.00 plus closing costs of $1,000.00 for a total cost of $14,700.00; and authorizing the acceptance and recording of appropriate instruments. L-14228 M&C L-14228 - Authorizing the acquisition of six single-family residences Noise Mitigation described as Blocks 1, Lots 14 and 16; Block 5, Lot 9; Block 4, Lots 16 and Program 17; and Block 15, Lot 4, Worth Hills Addition, and located at 1110 and 1114 NW 36th Street, 3502, 3406, 3408 and 3410 Columbus Avenue, Fort Worth Texas, from individual owners for the Meacham International Airport Mitigation Program (DOE 5101); finding that the prices offered in the amount of $54,500.00 for 1110 NW 36th Street, $54,000.00 for 1114 NW 36th Street, $57,000.00 for 3502 Columbus Avenue, $53,000.00 for 3408 Columbus Avenue, $73,000.00 for 3410 Columbus Avenue, and $51,500.00 for 3406 Columbus Avenue are just compensation, plus an estimated real estate tax prorated amount not to exceed $8,000.00 for a total cost of $351,000.00; and authorizing the acceptance and recording of appropriate instruments. C-21603 M&C C-21603 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP (Barnett Gathering) that grants Gathering, LP Barnett Gathering a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 7 of 26 C-21604 M&C C-21604 - Authorizing the City Manager to execute a Public Right-of- Stroud Energy, Way Use Agreement with Stroud Energy, Ltd., that grants Stroud Energy a Ltd. license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline C-21605 M&C C-21605 - Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, L.L.C. (West Fork), Pipeline Company, that grants West Fork license to use a certain public right-of-way of the City of L.L.C. Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21606 M&C C-21606 —Authorizing: Ord. No. 17087- 08-2006 1. The transfer of $108,252.00 from the Water and Sewer Operating Fund Change Order No. to the Water Capital Projects Fund in the amount of $87,192.00 and 1 to CSC #33351 Sewer Capital Projects Fund in the amount of$21,060.00; Conatser Construction, TX., 2. Adoption of Appropriation Ordinance No. 17087-08-2006 increasing LP estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $87,192.00 and the Sewer Capital Projects Fund in the amount of$21,060.00, from available funds for the purpose of executing Change Order No. 1 to City Secretary Contract No. 33351 with Conatser Construction, TX, LP.; and 3. The City Manager to execute Change Order No. 1 to City Secretary Contract No. 33351 with Conatser Construction, TX., LP in the amount of$108,252.00, thereby increasing the contract amount to $862,114.00. C-21607 M&C C-21607 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 32617 with William J. Schultz Inc., d/b/a Circle 1 to CSC #32617 "C" Construction Company, for Village Creek Basin Contract LXIX (69) - William J. Schultz Contract 1, in the amount of$47,950.00, thereby increasing the contract amount Inc., d/b/a Circle to $3,006,235.00. "C" Construction Company C-21608 M&C C-21608 - Authorizing the City Manager to execute a contract in the Chiang, Patel and amount of $20,410.00 with Chiang, Patel and Yerby, Inc., for the design of Yerby, Inc. Precision Obstacle Free Zones at Fort Worth Alliance Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 8 of 26 C-21609 M&C C-21609 - Authorizing: Ord. No. 17088- 08-2006 1. The transfer of$390,972.38 from the Water and Sewer Operating Fund McClendon to the Water Capital Project Fund in the amount of$175,565.00 and Construction Sewer Capital Project Fund in the amount of$215,407.38; Company, Inc. 2. Adoption of Appropriation Ordinance No. 17088-08-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$175,565.00 and the Sewer Capital Project Fund in the amount of $215,407.38, from available funds for the purpose of executing a contract with McClendon Construction Company, Inc. for pavement reconstruction and water and sanitary sewer main replacement on Wales Avenue from Welch Avenue to Waltham Avenue and Waltham Avenue from Welch Avenue to Wales Court; and 3. The City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $695,992.44 for pavement reconstruction and water and sanitary sewer main replacement on Wales Avenue (Welch Ave to Waltham Ave) and Waltham Avenue (Welch Ave to Wales Court). C-21610 M&C C-21610 - Authorizing the City Manager to execute Amendment No. 1 to the engineering agreement with Camp Dresser & McKee, Inc., City Secretary Camp Dresser & Contract No. 27797, for the design of the Trinity River Pipeline Crossing at the McKee, Inc. Village Creek Wastewater Treatment Plant, increasing the total contract cost by $333,113.00, from $299,629.00 to $632,742.00. The motion carried. End of Consent Agenda. Agenda Item X There were no changes in memberships on City's boards and commissions. Presentations by City Council CP-258 There was presented Council Proposal 258 as proposed by Mayor Pro tem Council Initiated Hicks proposing that the City Council authorize the initiation of a street name Street Name change of Coffey Avenue to East Jewell Kelly Drive, from a point at East Change—East Seminary Drive to its terminus at Horton Road, Fort Worth, Tarrant County, Jewell Kelly Dr. Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 9 of 26 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the rules of the "Council Proposals" in the City Council Rules of Procedures be suspended to allow for the vote on the Council Proposal today, rather than at the next regularly scheduled City Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Council Proposal 258 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks expressed appreciation to Ms. Jewel Kelly for her years of service in the Fort Worth Independent School District. She also noted that Ms. Kelly's choir sang for Senator Moncrief when he was Governor for the Day. CP-259 There was presented Council Proposal No. 259 as proposed by Council Inter-Local Member Salvador Espino proposing that the City Council authorize the Agreement with initiation of an agreement with Keller Independent School District (KISD) to Keller ISD provide free bus service for students within a two-mile radius of the new schools located near the intersection of Alta Vista and Keller Hicks roads until the installation of sidewalks and a signalization at the intersection are completed at a cost not to exceed $120,000.00. (Council Member Silcox stepped away from the dais.) Peter Stamps Mr. Peter Stamps, 11604 Pheasant Creek Drive, appeared before Council in support and requested that all of individuals present stand that were in favor of approving the proposed Council Proposal (C.P.). He advised Council that this was a matter of safety and shared photos relative to the conditions around the school and requested that the proposal be approved. Lora Lee Hogue Ms. Lora Lee Hogue, 5200 Winterberry Court, Executive Director of Newly formed North Fort Worth Alliance, appeared and expressed support for the proposed C.P. and stated that the roads needed to be repaired and the zoning of multi-family developments should be stopped. Pauline Veness Ms. Pauline Veness, 5312 White Willow Drive, representing Villages of Woodland Springs, appeared before the Council and requested that the Cities of Fort Worth and Keller work with government to get the needed roadways and requested that Council look at a long range plan for this entire area since it is growing so rapidly. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 10 of 26 Council Member Espino made a motion, seconded by Council Member Davis, that the rules of the "Council Proposals" in the City Council Rules of Procedures be suspended to allow for the vote on the Council Proposal today, rather than at the next regularly scheduled City Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Council Proposal 259 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. He expressed appreciation to City Staff for their work. He stated that a traffic mitigation plan should be put together to alleviate traffic on Keller-Hicks and Alta Vista. He also thanked staff of KISD and the residents who were present at this meeting. Council Member Burdette stated that the citizens needed a solution to this problem, and that this was a temporary fix to the issue. He noted that the City was growing rapidly and stated that the Council needed to do a better job with controlling these new communities. He further stated that the Council needed to ensure that the infrastructure was in place. He commended Council Member Espino for this Council Proposal. Council Member Jordan expressed his concerns and stated that the Council was accustomed to handling problems head-on and that public safety was foremost, but stated that the policies needed to be fixed also. Mayor Pro tem Hicks expressed her support of the Council Proposal. Mayor Moncrief expressed support of the Council Proposal and stated that the City is growing dramatically, but that it needed to be quality growth. He stated that the Council dealt with difficult issues constantly and that it was a challenge, but stated that this issue was not just unique to this area, it was happening all over the City. He expressed appreciation to the audience for their participation in the process. (Council Member Espino stepped away from the dais.) Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 11 of 26 Agenda Item XIII City Secretary Hendrix introduced an ordinance on first reading setting forth an Introduction of itemized estimate of the expense of conducting each department, division and Budget office of the Municipal Government of the City of Fort Worth for the ensuing Appropriation Fiscal Year beginning October 1, 2006, and ending September 30, 2007, and Ordinance for appropriating money for the various funds and purposes of such estimate; Fiscal Year 2006- appropriating money to pay interest and principal sinking fund requirement on 2007 all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for the publication and final passage thereof. Mayor Moncrief stated that Council action was not necessary at this time and that the item would remain open until adoption of the budget. Introduction of City Secretary Hendrix introduced an ordinance on the first reading providing Fiscal Year 2006- for the levy and collection of an annual ad valorem tax on all property, real, 2007 Ad Valorem personal and mixed, situated within the territorial limits of the City of Fort Tax Ordinance Worth, Texas, and all personal property owned in said City of Fort Worth, Texas, on the first day of January, A.D. 2006, except such property as may be exempt from taxation by the Constitution and laws of the State of Texas. Mayor Moncrief stated that Council action was not necessary at this time and that the item would remain open until adoption of the tax rate. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15336 There was presented Mayor and Council Communication No. G-15336 from Res. No. 3395-08- the City Manager recommending that the City Council: 2006 Legal Counsel— 1. Authorize the City Manager or his designee to retain the law firm of United States Silverberg, Goldman & Bikoff, LLP as outside counsel, pursuant to Department of Chapter VI, Section 3 of the City Charter, to assist the City Attorney in Transportation- representing the City regarding issues related to the new United States China (2007) Department of Transportation (DOT US)-China (2007)Route Case; and Route Case 2. Adopt a resolution fixing in advance that Silverberg, Goldman & Bikoff, LLP will be paid by Dallas/Fort Worth International Airport and no monies will be required from the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 12 of 26 Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15336 be approved and Resolution No. 3395-08-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15337 There was presented Mayor and Council Communication No. G-15337 from Condemnation— the City Manager recommending that the City Council: Cole Family Trusts— 1. Declare that negotiations between James Daniels & Associates, Inc., its Relocation and agents and sub-agents, and the Landowners, to acquire the subject Related parcel on behalf of the City of Fort Worth, were unsuccessful; Construction of FM 156 2. Declare the necessity to acquire, by condemnation, for the relocation and related construction of FM156, a highway dedicated to public use, a 35.608 acre tract ("Subject Parcel") of the G. Overton Survey, Abstract No. 972; the A. W. Robertson Survey, Abstract No. 1553; the J. D. Beaton Survey, Abstract No. 1708; W. Sample Survey, Abstract No. 1207; and the L. A. Butler Survey, Abstract No. 64, located in Denton County and in the extraterritorial jurisdiction of the City of Fort Worth, and owned by Susan Bonner Mead, Amy Cole Griffin and Don Cole, Trustees of the following Trusts: Mary Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and Robert Frank Cole Trust, all created under agreement dated September 14, 1935, and Mary Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and Robert Frank Cole Trust, all created under agreement dated August 1, 1938 ("Landowners"); 3. Declare that the taking of the Subject Parcel is necessary and that the Subject Parcel will be used in the relocation and related construction of FM156, a highway dedicated to public use; and 4. 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 13 of 26 Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15337 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15338 There was presented Mayor and Council Communication No. G-15338 from Lawsuit against the City Manager recommending that the City Council authorize the City Patricia Ann Attorney to file a lawsuit pursuant to Chapter 54 and 211 of the Texas Local Hammons Government Code against Patricia Ann Hammons, the owner of the property located at 3210 Schwartz Avenue. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15338 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15339 There was presented Mayor and Council Communication No. G-15339 from Ord. No. 17089- the City Manager recommending that the City Council: 08-2006 Federal 1. Authorize the City Manager to accept additional funding up to $220,000 Reimbursement from the Federal Highway Administration, in addition to $152,881.00 Grant— In-Kind matching funds from the City, under the Federal Congestion Wayfinding Mitigation and Air Quality Improvement Program to be added to Program previously approved funding for a coordinated wayfinding program; 2. Authorize the City Manager to amend the existing Local Project Advance Funding Agreement with the Texas Department of Transportation previously approved by City Council under M&C C- 19365 on November 26, 2002, to reflect the additional aforementioned funding; and 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $372,881.00 subject to execution of the amended Local Project Advance Funding Agreement with the Texas Department of Transportation for the purpose of additional funding for the Wayfinding Program. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15339 be approved and Ordinance No. 17089-08-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 14 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15340 adopt a resolution supporting the application of Acme Brick Company, for a Res. No. 3396-08- Municipal Designation for the properties located at 2725, 2727, 2736, and 2006 2801-2937 West 7th Street, 2809, 2909, and 2917 West 6th Street, 2813-2925 Ord. No. 17090- Crockett Street, and 2824 and 2830 Morton Street, an approximately 20-acre 08-2006 site, including abutting rights-of-way to the Texas Commission on Municipal Setting Environmental Quality, and adopt an ordinance prohibiting the potable use of Designation designated groundwater from beneath the site in Fort Worth, Tarrant County, Texas. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Kathryn Hansen, Regulatory/Environmental Coordinator for the Environmental Management Department, appeared before Council, gave a staff report and stated that the Council District should be corrected to District 9 instead of District 7, and called attention to Mayor and Council Communication No. G-15340, as follows: There was presented Mayor and Council Communication No. G-15340 from the City Manager recommending that the City Council: 1. Conduct a public hearing on the application of Acme Brick Company, for approval of a Municipal Setting Designation (MSD) for the properties located at 2725, 2727, 2736, and 2801-2937 West 7th Street, 2809, 2909, and 2917 West 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Morton Street, an approximately 20-acre site, in Fort Worth, Tarrant County, Texas, and including abutting rights-of-way ("Site"), to allow the public the opportunity to give testimony; 2. Adopt the attached resolution supporting the application of Acme Brick Company to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 2725, 2727, 2736, and 2801-2937 West 7th Street, 2809, 2909, and 2917 West 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Morton Street, including abutting rights-of-way, Fort Worth, Texas; and 3. Adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article IV "Groundwater and Surface Water Quality," by amending Appendix "A" "Municipal Setting Designation sites in Fort Worth Worth," by the addition of Section 4, designating CFW-MSD-0004, providing for the prohibition CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 15 of 26 of the use of groundwater for potable and irrigation purposes in CFW- MSD-0004, providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15340 be approved and Resolution No. 3396-08-2006 and Ordinance No. 17090-08-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. L-14217 There was presented Mayor and Council Communication No. L-14217 from the Withdrawn City Manager recommending that the City Council authorize the sale of tax foreclosed property located at 110 Live Oak Street, described as Lot 2, Live Oak Addition, to Mo Peracha, d/b/a WestCrest Partners, LLC. (DOE 920), in accordance with Section 34.05 of the Texas State Property Tax Code for the total amount of $3,601.45; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. Mayor Pro tem Hicks advised Council that she was concerned with the zoning of this property and stated that it should be changed prior to the sale if it is not in compliance with the surrounding zoning. Mr. Doug Rademaker, Director of Engineering Department, appeared before Council and stated that it would be staff's recommendation to withdraw this item for review and bring back another Mayor and Council Communication at a later date. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14217 be withdrawn from the agenda. The motion carried carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. PZ-2688 There was presented Mayor and Council Communication No. PZ-2688 from the Ord. No. 17091- City Manager recommending that the City Council: 08-2006 Vacating Portion 1. Adopt an ordinance vacating and extinguishing a portion of an alley of Alley in Bellaire from a point at the east line of Lot 22 to the east line of Lot D-1 Block Addition 22, Bellaire Addition, an addition to the City of Fort Worth, Tarrant County, being an alley approximately 280 feet long and 25 feet wide, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 16 of 26 and containing 7,000 square feet, or 0.16 acres of land; providing for reversion of fee in said land, providing that the City shall retain all existing utilities; and 2. Waive the purchase fee of$48,219.50. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2688 be approved and Ordinance No. 17091-08-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Espino returned to his chair at the dais.) PZ-2689 There was presented Mayor and Council Communication No. PZ-2689 from the Ord. No. 17092- City Manager recommending that the City Council: 08-2006 Vacating portion 1. Adopt an ordinance vacating and extinguishing a portion of Odessa of Odessa Avenue Avenue from North Bellaire Drive to West Berry Street, located in TCU Addition adjacent to Lot 1, Block 18, TCU Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and Lots 1 through 6, Block 8, Forest Park Addition; providing for the reversion of fee in said land; and 2. Waive the purchase fee of$141,411.19. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2689 be approved and Ordinance No. 17092-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21611 There was presented Mayor and Council Communication No. C-21611 from the City of Mansfield City Manager recommending that the City Council authorize the City Manager to execute a contract with the City of Mansfield for detention services. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21611 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21612 There was presented Mayor and Council Communication No. C-21612 from the Baylor All Saints City Manager recommending that the City Council authorize the City Manager Medical Center to execute a Community Facilities Agreement with Baylor All Saints Medical Center to install the offsite water improvements to serve the All Saints CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 17 of 26 Episcopal Hospital Addition, Lot 1R, Block 1 (The Women's Hospital, Medical Office Building, and Parking Garage), a new development in central Fort Worth. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-21612 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21613 There was presented Mayor and Council Communication No. C-21613 from the Chapel Hill City Manager recommending that the City Council authorize the City Manager Venture, L.L.L.P. to execute a Community Facilities Agreement with Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited partnership, by Chapel Hill (Fort Worth) AIP HI, L.L.L.P., a Georgia limited liability partnership, as general partner; by Avanti Capital Associates, a Florida joint venture, as general partner for the installation of water and sewer services to serve Chapel Hill, Phase IA, a future single-family home development, located in far northwest Fort Worth. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-21613 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XV It appeared that the City Council set today as the date for a hearing in Budget Hearing connection with the proposed Fiscal Year 2006-2007 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. Agenda Item IX Council Member Davis requested that the Consent Agenda be reconsidered at Consent Agenda this time. The motion was seconded by Council Member Wheatfall. The Reconsideration motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis requested that Mayor and Council Communication No. L-14219 be withdrawn from the consent agenda. Upon a motion made by Council Member Davis, seconded by Council Member Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as previously recommended and amended on pages 3 through 8, with the exception of L-14219. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 18 of 26 L-14219 There was presented Mayor and Council Communication No. L-14219 from the Sale of Tax City Manager recommending that the City Council authorize the sale of tax Foreclosed foreclosed property located at 1610 Peach Street, described as Lot 8, Block 1, Property AJ Wolcott Sub, to Mo Peracha, d/b/a WestCrest Partners, LLC. (DOE 920), in accordance with Section 34.05 of the Texas State Property Tax Code for the total amount of $2,680.07; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. Council Member Davis expressed concern relative to the zoning of "I" Industrial for this property. She stated that she did not think that this was the correct zoning and inquired if this could be reviewed prior to the City Council taking action on this M&C. Ms. Dana Burghdoff, Assistant Planning Department Director, appeared and requested that this item be continued until the end of the agenda in order for them to check the zoning of this property. Council Member Davis made a motion, seconded by Council Member Wheatfall, to continue Mayor and Council Communication No. L-14219 until the end of the agenda. The motion carried unanimously, with nine (9) ayes and zero (0) nays. {See page 26 for subsequent action.} AGENDA ITEM XVIA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that a notice was published in the Commercial Hearing Recorder, the official newspaper of the City of Fort Worth, on July 16, 2006, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-087 It appeared that the City Council at its meeting of July 11, 2006, continued the Ord. No. 17093- Text Amendment, Zoning Docket No. ZC-06-087, concerning Development 08-2006 Standard Definitions. Mayor Moncrief opened the public hearing and asked if Text Amendment there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, and Zoning Docket No. ZC-06-087 be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 19 of 26 ORDINANCE NO. 17093-08-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 4.803 "NONRESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4, "DISTRICT REGULATIONS" TO RECLASSIFY WHERE CERTAIN USES ARE ALLOWED; AMEND ARTICLE 1, "STANDARDS FOR SELECTED USES" OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS", TO ADD STANDARD FOR NON-ACCESSORY OUTSIDE STORAGE AND MINI- WAREHOUSES; AMEND CHAPTER 9, "DEFINITIONS" TO ADD DEFINITIONS FOR "MASSAGE PARLOR/BATH," "MASSAGE THERAPY/SPA," "OUTDOOR STORAGE"; AND "TRANSMISSION TOWERS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE The motion carried unanimously nine (9) ayes to (0) nays. ZC-06-108 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of J. Staley Custom Homes for a change in zoning of property located at 13025 Willow Crossing Drive from "AG" Agricultural to "A-43" One-Family Residential, Zoning Docket No. ZC-06-108, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-110 It appeared that the City Council at its meeting of July 11, 2006, continued the SP-06-016 hearing of the application of Gordon Pritchard for a change in zoning of property Approved 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. Screening Fence on south side of property,Zoning Docket No. ZC-06-110 and Site Plan No. ZC-06-016. 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 Gordon Pritchard, Council Member Espino made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-110 and Site Plan No. ZC-06-016 be approved, with appreciation to Mr. Pritchard. The motion carried unanimously nine (9) ayes to (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 20 of 26 ZC-06-115 Council Member Scarth made a motion, seconded by Council Member Davis, Approved that the application of Mike McGuffin for a change in zoning of property located in the 7300 thru 7700 Block of Randol Mill Road from "E" Neighborhood Commercial and "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for Clothing/Wearing Apparel Sales, New; Recreational Vehicle (RV) Park for events only; Restaurant, Cafe, Cafeteria; Stable, Commercial, Riding, Boarding or rodeo arena; Saddle or harness repair or sales; Feed store, no processing/milling; One dwelling unit when part of a business. To be developed under the "E" Neighborhood Commercial development standards. Waiver of Site Plan recommended, Zoning Docket No. ZC-06-115, be continued for one week to the August 15, 2006 Council meeting. Mike McGuffin Mr. Mike McGuffin, 7373 Randol Mill, appeared before the Council and stated that he could not afford another continuance. He further stated that no one had requested a site plan. Mr. Bob Riley, Director of the Development Department, appeared and advised that if the site plan requested was a general map showing the layout, then this could be accomplished today by approving the zoning request with a requirement to have a site plan at the time of development. He added that this would provide sufficient time for the site plan to be processed through the City Zoning Commission. Council Member Scarth amended his motion, and Council Member Davis amended her second, that the application of Mike McGuffin for a change in zoning of property located in the 7300 thru 7700 Block of Randol Mill Road from "E" Neighborhood Commercial and "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for Clothing/Wearing Apparel Sales, New; Recreational Vehicle (RV) Park for events only; Restaurant, Cafe, Cafeteria; Stable, Commercial, Riding, Boarding or rodeo arena; Saddle or harness repair or sales; Feed store, no processing/milling; One dwelling unit when part of a business. To be developed under the "E" Neighborhood Commercial development standards, with Site Plan required, Zoning Docket No. ZC-06-115, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Michelle Kirchner Ms. Michelle Kirchner, 12428 Woodland Springs Drive, Keller, representing ZC-06-118 the Developer, appeared before the Council and stated that Tract 5 was where Continued to the golf course would be located, Tract 2 would have to be replatted, and 30 September 5, 2006 feet or so would be required for street right-of-way. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 21 of 26 Council Member Burdette made a motion, seconded by Council Member Jordan, that the application of J.C. Lindsey Family Partnership for a change in zoning of property located in the 1700 Block of Avondale Haslet Road from "A-5" One- Family Residential to (Tract 3) "A-10" One-Family Residential; (Tract 4) "A-21" One-Family Residential; & (Tracts 2 & 5) "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with Site Plan required, Zoning Docket No. ZC-06-118, be continued until September 5, 2006. The motion carried unanimously nine(9) ayes to zero(0)nays. ZC-06-123 Ms. Dana Burgdoff, Assistant Director, Planning Department, appeared before the Approved City Council and advised that the City did not own the property, but stated that in instances when the demolition had already occurred, the City made application in order to dispense with the"DD" demolition delay on the property. Council Member Davis made a motion, seconded by Council Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 1301 Summit Avenue from "H/DD" Central Business District/Demolition Delay to "H" Central Business District, Zoning Docket No. ZC-06-123, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-129 Council Member Espino made a motion, seconded by Council Member Approved Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 3113 Lincoln Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-129, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-163 Council Member Burdette stated that it was his understanding that the Approved opposition for Zoning Docket No. ZC-06-163 had been withdrawn and that based on this information, he would make a motion to approve this zoning case. Mr. Bob Riley, Director of Development, appeared before the City Council and stated that the department had not received any written documentation withdrawing the opposition, but stated that three out of the six people had verbally withdrawn their opposition. Council Member Burdette made a motion, seconded by Council Member Davis, that the application of City of Fort Worth for a change in zoning of property located in the 1600 thru 1820 Block of Belle Place from "B" Two-Family Residential and "C" Medium Density Multi-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-163, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 22 of 26 ZC-06-165 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of Hickman Family Irrevocable Grandchildren's Trust for a change in zoning of property located at 9200 Block of Clifford Street from "C" Medium Density Multi-Family Residential to "G" Intensive Commercial, Zoning Docket No. ZC-06-165, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-166 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of One Woodland Springs, Ltd., for a change in zoning of property located at 2800 Block of Keller Hicks Road and 3700 Block of the Proposed Timberland Boulevard from "C" Medium Density Multi-Family Residential and "CF" Community Facilities to "A-5" One-Family Residential, Zoning Docket No. ZC-06-166, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-167 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, SP-06-017 that the application of Tarrant County Black Historical and Genealogical Approved Society for a change in zoning of property located at 1016 and 1020 East Humbolt Street from "A-5/HC" One-Family Residential/Historic and Cultural Overlay and "A-5" One-Family Residential to "PD/SU/HC" Planned Development/Specific Use/Historic and Cultural Overlay for all uses in "A-5" One-Family residential; plus: museum and offices. With Site Plan required, Zoning Docket No. ZC-06-167 and Site Plan No. SP-06-017, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks recognized and expressed appreciation to Ms. Sara Walker, President of the Tarrant County Black Historical & Genealogical Society and former City Council Member Frank Moss for their continued efforts toward the preservation of the history in Fort Worth. ZC-06-168 Council Member Davis made a motion, seconded by Council Member Silcox, SP-06-018 that the application of Richard A. Skipper for a change in zoning of property Continued to located at 2900, 2904, 2908, 2912 and 2916 Stuart Drive (Lots 20 and 21) from September 5, 2006 "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for parking area, with a 6 foot chain link fence and a 30-inch landscape hedge along the front yard and Site Plan required, Zoning Docket No. ZC-06-168 and Site Plan No. SP-06-018, be continued until September 5, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 23 of 26 ZC-06-173 Council Member Jordan made a motion, seconded by Council Member Davis, Approved that the application of Mike Cook for a change in zoning of property located at 5703 Crowley Road from "E" Neighborhood Commercial and "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; plus: Outside Storage of Nursery Plants and Materials, and allow the continued use of two liquor serving bars, and waiver of Site Plan recommended, Zoning Docket No. ZC-06-173, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-175 Council Member Espino made a motion, seconded by Council Member Davis, that Approved the application of AIL Investment, L.P. et, al., for a change in zoning of property located in the 8499 Block of Old Denton Road from "AG" Agricultural, "C" Medium Density Multi-Family Residential; "E" Neighborhood Commercial and "I" Light Industrial to "PD/SU" Planned Development/Specific Use and with Site Plan required for Areas 2 and 3 and waiver of Site Plan recommended for Areas 1 and 4, Zoning Docket No. ZC-06-175, be approved. The motion carried unanimously nine(9) ayes to zero(0)nays. Council Member Espino expressed appreciation to Hillwood for meeting with the neighborhood and coming up with a compromise that was beneficial for both sides. (Council Member Wheatfall stepped away from the dais.) ZC-06-176 Mr. Thad Brundrette, 777 Main Street, representing AIL Investment, appeared Approved before the Council in support of the zoning change and gave a brief overview of Thad Brundrette the project. He stated that one tract of land was south of SH 170 on the Gateway to future Beach Street bounded on the west and on the east by Alta Vista. He advised that the applicant was requesting the down zoning from "C" Medium Density Multi-Family Residential to "A-5" One-Family Residential. He stated that this would be consistent with Saratoga Project. He further stated that the property on the north side would be down zoned from "G" Intensive Commercial to "C" Medium Density Multi-Family Residential to address the need for potential multi-family opportunities along the gateway. He stated that this was in compliance with the Comprehensive Plan and would provide commercial to the west, open green space to the east, and freeway to the south. Council Member Espino made a motion, seconded by Council Member Davis, that the application of AIL Investment, L.P. et, al., for a change in zoning of property located in the 13100 Block of Alta Vista from "C" Medium Density Multi-Family Residential, "E" Neighborhood Commercial and "G" Intensive Commercial to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 24 of 26 (Tracts 1 and 3) "A-5" One-Family Residential; (Tract 4) "C" Medium Density Multi-Family Residential, and (Tract 2) "E" Neighborhood Commercial, Zoning Docket No. ZC-06-176, be approved. The motion carried unanimously eight (8) ayes to zero(0)nays,with Council Member Wheatfall absent. ZC-06-177 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Approved that the application of Donald and Norma Marshall for a change in zoning of property located at 2752 East 1st Street and 106 Baurline Street from "E" Neighborhood Commercial to "E/HC" Neighborhood Commercial/Historic & Cultural Overlay, Zoning Docket No. ZC-06-177, be approved with appreciation to Donald and Norma Marshall. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. (Mayor Pro tem Hicks stepped away from the dais.) (Council Member Wheatfall returned to his chair at the dais.) ZC-06-178 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of City of Fort Worth for a change in zoning of property located at 2100 thru 2321 Tremont Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-178, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-180 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 4259 Bryce, 2101 thru 2321 Hillcrest Street from "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 06-180, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. (Mayor Pro tem Hicks returned to her chair at the dais.) AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL Tim Hess Mr. Tim Hess, 7025 Greenview Circle N., representing the Sandybrook ZC-06-109 Neighborhood Association, appeared before the City Council in support of the Denied with denial of Zoning Docket No. ZC-06-109. Prejudice CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8, 2006 PAGE 25 of 26 Council Member Scarth made a motion, seconded by Council Member Silcox, that the application of Paramount Fine Homes for a change in zoning of property located in the 6900 Block of John T. White Road from "A-5" One-Family Residential to "B" Two-Family Residential, Zoning Docket No. ZC-06-109, be denied with predjudice. The motion carried unanimously nine(9)ayes to zero(0)nays. ZC-06-172 Council Member Silcox made a motion, seconded by Council Member Davis, that Denied with the application of Eddy Schuder, Inc., for a change in zoning of property located at Prejudice 4620 Granbury Road from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for new and used car sales, minor service and repairs, hours of operation, Monday thru Saturday, 9:00 a.m. to 6:00 p.m., with waiver of Site Plan requested, Zoning Docket No. ZC-06-172, be denied with prejudice. The motion carried unanimously nine (9)ayes to zero(0)nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17094-08-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 8,2006 PAGE 26 of 26 Item XV Mr. Eddie Brown, 1015 S. Jennings Avenue #1208, appeared before the Citizen Council and expressed concern with getting the wrong information from City Presentations staff. He also advised Council that he was a Katrina victim and he had no Eddie Brown electricity and stated that he was unemployed. He informed Council that he had not been able to find employment and did not know where to go for help. Mayor Moncrief referred Mr. Brown to Assistant City Manager Libby Watson. L-14219 There was presented Mayor and Council Communication No. L-14219 from the Sale of Tax City Manager recommending that the City Council authorize the sale of tax Foreclosed foreclosed property located at 1610 Peach Street, described as Lot 8, Block 1, Property AJ Wolcott Sub, to Mo Peracha, d/b/a WestCrest Partners, LLC. (DOE 920), in accordance with Section 34.05 of the Texas State Property Tax Code for the total amount of $2,680.07; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. Council Member Davis advised Council that the zoning of "I" Industrial was incorrect and should have stated "MU-2" zoning and, with this information she made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14219 be approved. The motion carried unanimously nine (9) ayes to zero (0)nays. Agenda Item XVII There being no further business,the meeting was adjourned at 8:25 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 15th day of August, 2006. Attest: Approved: Marty Hen rix Michael J. ncrief City Secretary Mayor