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HomeMy WebLinkAbout2006/12/12-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 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 7:08 p.m. on Tuesday, December 12, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Wheatfall and Davis temporarily absent. Agenda Item H The invocation was given by Executive Pastor Bryan Gilmore, First Baptist Invocation Church. Agenda Item The Pledge of Allegiance was recited. III Pledge Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Silcox, Approval of the minutes of the regular meeting of November 28, 2006, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Davis absent. Agenda Item V The Happy Hill Farm Concert Choir performed three Christmas songs for the Special Council and audience. Presentations (Council Members Wheatfall and Davis assumed their chairs at the dais.) Interim Fire Chief Rudy Jackson presented the Fire Ops 101 Awards to the Council Members. Battalion Chief Jim Tate presented a video depicting the Fire Ops training in which some of the Council Members participated and presented each of them with fire helmets and plaques in celebration of their training. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 2 of 30 Mayor Moncrief stated that the Council learned a great deal during the training and truly appreciated what firefighters do every day. Agenda Item VI Council Member Burdette expressed appreciation to Christ Chapel Bible Church Announcements for hosting the District 7 Town Hall meeting on December 5, 2006. He also expressed appreciation to all the City staff who participated in the Town Hall and everyone from District 7 that attended. He announced that another District 7 Town Hall meeting would be held on January 16, 2007, at 6:30 p.m. at the Brewer High School 9th Grade Center, 1025 W. Loop 820 and invited everyone interested to attend. Council Member Espino announced that today, December 12, 2006, was a very special day in the United States, Mexico, Latin America and all over the world, as Catholics and everyone who traced their descendents back to Mexico and Latin America celebrated the Feast of Our Lady of Guadalupe. He stated that she was a symbol of hope and faith in renewal and that in Council District 2, three parishes, Our Lady of Guadalupe, All Saints Catholic Church and St. Thomas the Apostle held religious celebrations in honor of this event. He pointed out that on December 12, 1531, tradition held that the Virgen de Guadalupe appeared to Indian peasant Juan Diego and on that site a new church was built and began the period of Catholicism in Mexico. Agenda Item City Manager Boswell requested that Mayor and Council Communication Nos. G- VII 15509, C-21874 and C-21881 be withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item City Manager Boswell requested that Mayor and Council Communication Nos. G- VIH 15424 and G-15509 be withdrawn from consideration and that L-14266 be Continued/ continued for one week to the December 19, 2006, Council meeting. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all Agenda remaining items on the Consent Agenda as recommended and as follows: OCS-1587 M&C OCS-1587 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 3 of 30 OCS-1588 M&C OCS-1588 — from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Retzlaff Construction Western Surety Company Del Weston Concrete Western Surety Company Piper Concrete CAN Surety Gustavo Castaneda RLI Surety Lariat Construction, Inc. RLI Insurance Company Polo Concrete Construction Western Surety Company Texas Environmental Management SureTec Insurance Company Affordable Concrete Merchants Bonding Company RIM Contractors, LP Fidelity &Deposit Company of Maryland McSpadden Construction Company Western Surety Company Doall Construction RLI Insurance Company Paradis Brothers Construction RLI Surety DCI Construction, Inc. American States Insurance Company Southern Home Designs Hartford Casualty Insurance Company Turnkey Construction Company Employers Mutual Casualty Company Hardee Landry, Inc. Western Surety Company G-15506 M&C G-15506 - Authorizing the City Manager to enter into an Encroachment Authorize Use Agreement with DAZB Properties, LP, authorizing use of the right-of-way for two of Right-of- door swings at 902 Houston; one in the sidewalk and one in the public alley at 902 Way for Door Houston Street. Swings at 902 Houston Street G-15507 M&C G-15507 - Adopting Resolution No. 3436-12-2006 authorizing the City Res. No. 3436- Manager to execute a conveyance of a drainage easement of approximately 1428 12-2006 square feet (033 acres) of land located at Dallas/Fort Worth International Airport Convey to the State of Texas for Texas Department of Transportation for the expansion of Drainage State Highway 114 a/k/a Texan Trail, Proj ect B S 114L. Easement for Expansion of State Highway 114 a/k/a Texan Trail CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 4 of 30 G-15508 M&C G-15508 - Adopting Resolution No. 3437-12-2006 approving the relocation Res. No. 3437- of an existing State of Texas drainage easement at Dallas/Fort Worth International 12-2006 Airport; authorizing the City Manager to execute a conveyance of a new drainage Relocate, easement of 88,427 square feet (2.03 acres) of land to the State of Texas and Convey and approving and accepting the release from the State vacating the original drainage Vacate easement to the Cities of Fort Worth and Dallas for the benefit of Dallas/Fort Drainage Worth International Airport. Easement G-15510 M&C G-15510 - Adopting Resolution No. 3438-12-2006 appointing the following Res. No. 3438- members to the Advisory Board for the Fort Worth Public Improvement District 12-2006 No. 6 (Park Glen), beginning December 12, 2006, and with a term expiring Appoint Fort October 1, 2007: Worth Public Improvement Name Address District District No. 6 (Park Glen) Randy Acosta 4716 Grant Park Ave. A-1 Advisory Board Cecilia Shilling 4824 Rincon Way A-2 Scott Robertson 4837 Island Circle A-3 Caroline Sherman 8370 Muirwood Trail A-4 Janie Pace 5417 Lake Powell Drive A-5 Joe Yates 7504 Deer Lodge Trail A-6 Jarrod Reese 5204 Warm Springs Trail A-7 G-15511 M&C G-15511 - Authorizing the City Manager to apply for and accept, if Ord. No. 17301- awarded, a Community Emergency Response Team (CERT) grant in the amount 12-2006 of$20,665.00 from the North Texas Central Council of Governments through the Accept CERT Tarrant County Citizen Corps Council; and adopting Appropriation Ordinance No. Grant to 17301-12-2006 increasing estimated receipts and appropriations in the Grants Recruit and Fund in the amount of$20,665.00, subject to receipt of the grant from the Tarrant Train Citizens County Citizen Corps Council for the Community Emergency Response Team to Migrate, program, for the purpose of funding to recruit and train 90 citizens and a pilot Prepare, program working with Fort Worth Independent School District youth to prepare Respond and citizens to "migrate, prepare, respond and recover" from a disaster that may occur Recover from at their home or school. Disaster at Home or School CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 5 of 30 G-15512 M&C G-15512 - Authorizing: Res. No. 3439- 12-2006 1. The City Manager to apply for and accept, if awarded, an Office of the Ord. No. 17302- Governor, Criminal Justice Division, DB-Byrne Formula Grant in the 12-2006 amount of$38,000.00 for the Narcotics Detector Canine Program; Accept Office of the Governor, 2. Certification to the Office of the Governor, Criminal Justice Division, that Criminal the grant application contains true and accurate information; Justice 3. Approval of $9,500.00 in matching funds by transferring funds from the Division, DB- State Awarded Assets Undesignated Fund Balance to the Grants Fund; Byrne Formula Grant for 4. The City Manager to designate the Assistant City Manager who manages Narcotics the Police Department as the authorized official to accept, alter or Detector terminate the grant on behalf of the City; Canine Program 5. Adoption of Resolution No. 3439-12-2006 approving submission of the grant, providing for matching funds, providing assurance funds will be returned to the Criminal Justice Division in full in the event of loss or misuse of grant funds; and 6. Adoption of Appropriation Ordinance No. 17302-12-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $38,000.00, subject to receipt of the DB-Byrne Formula Grant from the Office of the Governor, Criminal Justice Division, for the purpose of funding the Narcotics Detector Canine Program. G-15513 M&C G-15513 - Authorizing the City Manager to execute a Memorandum of Implement Understanding to facilitate and enhance the working relationship between the Fort 2004 COPS Worth Independent School District and the City to effectively implement the U.S. SOS Grant Department of Justice, 2004 Community Oriented Policing Services (COPS) Program Secure Our Schools (SOS) Grant Program. P-10492 M&C P-10492 - Authorizing a purchase agreement for OEM Vilter compressor OEM Vilter service, parts, components and technical support with The Stellar Group for the Compressor Water Department based on the following unit prices. Payment is due 30 days Service, Parts, from the date an invoice is received; and Components and Technical Description Amount Charted Support Labor for Regular Hours $ 80.00 per hour Labor for Overtime Hours $120.00 per hour Parts sold at Contractor's List Price Plus 24 percent CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 6 of 30 Authorizing this agreement to begin December 12, 2006, and expire December 11, 2007, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10493 M&C P-10493 - Authorizing the Sole Source purchase agreement for an upgrade Upgrade HTE to the HTE Compatible Interactive Voice Response (IVR) System for the Water Compatible Department from Selectron, Incorporated, for the amount of$55,500.00. IVR System P-10494 M&C P-10494 - Authorizing a purchase agreement for traffic signal controllers, Traffic Signal cabinets, and related equipment with Control Technologies, Inc., for the Controllers, Transportation/Public Works Department based on best value with freight included Cabinets and in the unit price and payment due 30 days after receipt of invoice; authorizing this Related agreement to begin December 12, 2006, and expire December 11, 2007, with Equipment options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the award in accordance with the Texas Local Code 271.102 "Cooperative Purchasing Program". P-10495 M&C P-10495 - Authorizing non-exclusive purchase agreements for water Water treatment chemicals with the following vendors for the Water Department based Treatment on best value with payment due 30 days after date of invoice; Chemicals Items Primary Vendor Secondary Vendor a. Hydrated Lime (Bulk) Texas Lime Company Chemical Lime Company b. Powdered Activated Norit Americas, Inc. F2 Industries, LLC Carbon c. Liquid Caustic Soda K.A. Steel Chemicals, FSTI 50 percent Inc. d. Liquid Caustic Soda FSTI K.A. Steel Chemicals, 25 percent Inc. Authorizing these agreements to begin December 12, 2006, and expire December 11, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 7 of 30 P-10496 M&C P-10496 - Authorizing a purchase agreement for overhead crane inspections, Overhead maintenance, repairs and parts with Konecrane, Inc., for all City departments Crane based on the following unit prices. Payment is due 30 days from date an invoice is Inspections, received; and Maintenance, Repairs and Description Unit Price Parts Labor for Regular Hours $60.00 per hour Labor for Overtime Hours $80.00 per hour Rental of Lift for access to cranes $50.00 each day Parts at Vendor's List Price minus 10 percent discount Authorizing this agreement to begin December 12, 2006, and expire December 11, 2007, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10497 M&C P-10497 - Authorizing the purchase of hostage negotiation equipment from Hostage Enforcement Technology Group for the Police Department utilizing General Negotiation Services Administration Contract No. FSS GS07f-0015M for a total cost not to Equipment exceed $60,493.99, with freight included and payment due 30 days after receipt of invoice. P-10498 M&C P-10498 - Authorizing the purchase of a new skid steer loader utilizing Skid Steer Texas Association of School Boards Contract No. 225-05 with Holt Caterpillar, Loader Incorporated, for the Parks and Community Services Department for a cost not to exceed $29,998.00 with payment due 30 days from the invoice date. Freight is included in the unit price. P-10499 M&C P-10499 - Authorizing the purchase of Forensic Audio Visual Enhancement Forensic Audio Software, Training and Equipment from Ocean Systems for the Police Department Visual utilizing General Services Administration Contract No. GS-35F-0638) for an Enhancement amount not to exceed $73,547.00 with payment due 30 days after receipt of Software, invoice and freight costs included in the total cost. Training and Equipment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 8 of 30 C-21871 M&C C-21871 - Adopting Appropriation Ordinance No. 17303-12-2006 Ord. No. 17303- increasing estimated receipts and appropriations in the Special Trust Fund in the 12-2006 amount of$51,435.00 from available funds for the purpose of executing a contract Texas with the Texas Department of State Health Services to purchase Tamiflu (3,000 Department of courses at $14.43 per course) and Relenza (500 courses at $16.29 per course) to State Health treat first responders and other key City personnel in the event of Pandemic Services Influenza; and authorizing the City Manager to execute a contract with the Texas Department of State Health Services for the purchase of 3,000 courses of Tamiflu (Oseltamivir phosphate) and 500 courses of Relenza (Zanamivir) to be used to treat first responders and other key City of Fort Worth personnel such as health care workers in the event of Pandemic Influenza. C-21872 M&C C-21872 - Adopting Appropriation Ordinance No. 17304-12-2006 Ord. No. 17304- increasing appropriations in the General Fund, Non-Departmental in the amount of 12-2006 $245,000.00 and decreasing appropriations in the General Fund, Public Events Ord. No. 17305- Department, by the same amount, for the purpose of executing a contract with 12-2006 Tarrant County Black Historical and Genealogical Society, Inc., for promotion of Tarrant County historical and cultural activities; adopting Appropriation Ordinance No. 17305-12- Black 2006 increasing appropriations in the Culture and Tourism Fund, Will Rogers Historical and Memorial Center/Fort Worth Convention Center Operations and Maintenance Genealogical Center in the amount of$245,000.00 and decreasing appropriations in the Culture Society, Inc. and Tourism Fund, Genealogical Society Center, by the same amount, for the purpose of executing a contract with Tarrant County Black Historical and Genealogical Society, Inc., for promotion of historical and cultural activities; and authorizing the City Manager to execute a contract in the amount of $245,000.00 with the Tarrant County Black Historical and Genealogical Society, Inc., for their promotion of historical and cultural activities. C-21873 M&C C-21873 - Authorizing the City Manager to execute a Public Right-of-Way Energy Use Agreement with Energy Transfer Fuel, LP (Energy Transfer) that grants Transfer Fuel, Energy Transfer a license to use certain public rights-of-way of the City of Fort LP Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21875 M&C C-21875 - Adopting Appropriation Ordinance No. 17306-12-2006 Ord. No. 17306- increasing estimated receipts and appropriations in the Contract Street 12-2006 Maintenance Fund in the amount of $382,900.00 from Gas Lease funds for the Gibson & purpose of executing a contract with Gibson & Associates, Inc., for Bridge Associates,Inc. Repainting at Various Locations (2006-21); and authorizing the City Manager to execute a contract with Gibson & Associates, Inc., for Bridge Repainting at Various Locations (2006-21). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 9 of 30 C-21876 M&C C-21876 - Authorizing the City Manager to execute a contract with Woodrose Woodrose Company, Inc., in the amount of $37,783.00 for the construction of an Company, Inc. Uninterrupted Power Supply Room in City Hall for the Information Technology Solutions Department. C-21877 M&C C-21877 - Authorizing the acquisition of three lots described as Lots 7, 8 Nirvana and 9, Block 1, High Crest Addition, located at 2513, 2515 and 2517 Bruce Community Avenue from the Nirvana Community Development Group, a/k/a Mo Peracha Development (DOE 5455), for the purpose of parkland development, for a total purchase price Group, a/k/a amount of $9,000.00 plus closing costs estimated at $1,000.00; dedicating the Mo Peracha property as parkland; and authorizing the City Manager to execute and record the appropriate documents. C-21878 M&C C-21878 - Authorizing the City Manager to execute an agreement granting Area Waste non-exclusive privilege to Area Waste Solutions, Inc., pursuant to Section 12.5- Solutions, Inc. 850 of the City Code, effective this date, for a period of five years, to use public streets, alleys, and thoroughfares within Fort Worth for the business of collecting municipal solid waste. C-21879 M&C C-21879 - Authorizing the City Manager to execute an amendment to City Amend CSC Secretary Contract No. 33784 with the Texas Commission on Environmental No. 33784 - Quality (TCEQ) for the operation of local air pollution monitors increasing the TCEQ indirect cost rate and providing a format for invoice submittals. C-21880 M&C C-21880 - Authorizing the City Manager to approve and accept Amendment Ord. No. 17307- No. 2 to the Airport Project Participation Agreement Grant from the Texas 12-2006 Department of Transportation for Fort Worth Spinks Airport Drainage Project for Ord. No. 17308- a change in scope increasing the grant amount by $152,081.89 to a total of 12-2006 $416,081.89 of which $237,600.00 will be funded by the Texas Department of Amendment Transportation and $178,481.89 will be funded by the City; authorizing the use of No. 2 - Texas existing revenue derived from natural gas well leases on City owned airport Department of properties for the additional City's match amount of $152,081.89; adopting Transportation Appropriation Ordinance No. 17307-12-2006 increasing estimated receipts and appropriations in the Aviation Improvements Capital Projects Fund in the amount of $152,081.89 from natural gas well leases on City-owned airport properties, for the purpose of transferring said funds to the Airports Grants Fund to approve and accept Amendment No. 2 to the Airport Project Participation Agreement Grant from the Texas Department of Transportation; authorizing the transfer of $152,081.89 from the Aviation Improvements Capital Projects Fund to the Airports Grants Fund; and adopting Appropriation Ordinance No. 17308-12-2006 increasing estimated receipts and appropriations in the Airports Grants Fund in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 10 of 30 amount of $152,081.89 subject to receipt of Amendment No. 2 to the Airport Project Participation Agreement Grant from the Texas Department of Transportation for the purpose of funding a drainage project at Spinks Airport. C-21882 M&C C-21882 - Authorizing the City Manager to execute a contract with West West Texas Texas Rebar Placers, Inc., in the amount of$174,893.00 for parking lot expansion Rebar Placers, at Rolling Hills Soccer Complex. Inc. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Jordan, Presentations that Michael Faucette be appointed to Place 2 on the Parks and Community by City Council Services Advisory Board effective December 12, 2006, and that Ron Shearer be Appointments appointed to Place 2 on the Board of Adjustment — Residential, effective January 1, 2007, and with terms expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Silcox, that the following appointments and reappointments be made as indicated, effective December 12, 2006: Animal Shelter Advisory Board Allyssa Wheaton Rodriguez, Place 5 Expires: October 1, 2007 City Plan Commission—Reappointment John Melcher, Place 10 (Alternate) Expires: October 1, 2008 Craig Kelly, Place 11 (Alternate) Expires: October 1, 2007 The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Burdette, that the following appointments and reappointments be made as indicated, effective December 12, 2006: Mayor's Committee on Persons with Disabilities—Appointments Rosla Hocker, Place 3 (Service Provider) Expires: October 1, 2007 Michael Coulter, Place 6 (Service Provider) Expires: October 1, 2008 Madeline Spearing, Place 11 (Citizen) Expires: October 1, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 11 of 30 Mayor's Committee on Persons with Disabilities - Reappointments Jennifer Murphy, Place 5 (Service Provider) Expires: October 1, 2007 Connie Anderson, Place 7 (Service Provider) Expires: October 1, 2007 Judy Bland, Place 19 (Employer/Employment Expires: October 1, 2007 Assistance Agency) Gregory Scott, Place 21 (Employer/Employment Expires: October 1, 2007 Assistance Agency) Paul Cobb, Place 23 (Employer/Employment Expires: October 1, 2007 Assistance Agency) The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions and/or Committee City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15424 It was the consensus of the City Council that Mayor and Council Communication (Corrected) No. G-15424 (Corrected), Consideration of Request for Variances from Section Withdrawn 15-42.A.26 of the Gas Well Ordinance to Dispose Saltwater from Multiple Privately Owned Lease Wells into the Shallow Caddo Sand Formation, be withdrawn from consideration. City Attorney Yett advised that this item had been withdrawn at the request of the applicant. G-15491 There was presented Mayor and Council Communication No. G-15491, dated Provide Water November 14, 2006, from the City Manager recommending that the City Council and Sewer authorize the Water Department to provide water and sewer service at 1.25 times Service to the retail rate to serve a 144 unit apartment complex (Enclave at Parkview Enclave at Apartments) located on the west side of Old Decatur Road, located in Tarrant Parkview County, outside of the Fort Worth City limits pursuant to City Code Section B Apartments 35-60 "Uses Outside City"; and authorize the City Manager to execute an agreement for such services. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15491 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 12 of 30 G-15505 It appeared that the City Council, at its meeting of November 28, 2006, set today Public Hearing as the date for the continuation of Mayor and Council Communication No. G- Withdrawn 15505 and the public hearing to adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-006, to relocate a future unnamed minor arterial in the proposed Ranch at Mary's Creek Addition that connects Old Weatherford Road to the future extension of Westpoint Road. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Silcox stated that a letter had been received by the applicant requesting this item be withdrawn from consideration. He requested that City staff consider conducting a traffic impact study in this region as two major property owners had concern about the north/south minor arterials. He asked Robert Goode, Transportation/Public Works Department Director to look into the traffic study. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication G-15505 be withdrawn from consideration. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15509 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. G-15509, Adopt Resolution Appointing Fort Worth Public Improvement District Number 1 (Downtown) Advisory Board, be withdrawn from consideration. G-15514 There was presented Mayor and Council Communication No. G-15514 from the Ord. No. 17309- City Manager recommending that the City Council adopt an ordinance amending 12-2006 the Code of Ordinances of the City of Fort Worth, by amending Article 11 of Amend Article Chapter 15, "Gas", entitled "Gas Drilling and Production", regulating the drilling H, Chapter 15, and production of gas wells within the City to provide definitions for Section 15.42 of commencement and cessation of drilling activities, drilling operations, City Code mobilization and demobilization and outer boundary surface property line; revise Section 15.42, "Technical Regulations" to require wells to be setback 100 feet from any outer surface boundary line unless waived by the adjacent property owner or the City Council. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15514 be approved and Ordinance No. 17309-12-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 13 of 30 G-15515 There was presented Mayor and Council Communication No. G-15515 from the Initiate Zoning City Manager recommending that the City Council authorize the City Manager to Changes for initiate certain zoning changes for the South Fostepco Heights portion of the South Fostepco Diamond Hill neighborhood from "A-5" One-Family, "B" Two-Family, "E" Heights Portion Neighborhood Commercial, "F" General Commercial, "I" Light Industrial and of Diamond Hill "K" Heavy Commercial to"A-5" One-Family. Neighborhood Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15515 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication Nos. G-15516 through G-15523, be approved by a single motion. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15516 M&C G-15516 - Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to C Clearly, Inc., d/b/a Fish Window Cleaning, and Moving up to $21,600.00, as a displaced business, from 3511 West Vickery Boulevard, in Expenses for the Vickery Corridor, Parcel No. 53 Ptl-A6, for right-of-way for the Southwest Right-of-Way Parkway Project(DOE 3777). for Southwest Parkway Project G-15517 M&C G-15517 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to John Kimzey, up to $5,000.00, as a displaced and Moving person, from 3515 West Vickery Boulevard, in the Vickery Corridor, Parcel No. Expenses for 53 PT2-A1, for right-of-way for the Southwest Parkway Project(DOE 3777). Right-of-Way for Southwest Parkway Project G-15518 M&C G-15518 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to University Christian Church, up to $5,000.00, and Moving as a displaced non-profit organization, from 3515 West Vickery Boulevard, in the Expenses for Vickery Corridor, Parcel No. 53 PT2-A2, for right-of-way for the Southwest Right-of-Way Parkway Project(DOE 3777). for Southwest Parkway Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 14 of 30 G-15519 M&C G-15519 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to Roundhouse Management, Inc., not to exceed and Moving $12,500.00, as a displaced business, from 3519 West Vickery Boulevard, Suite Expenses for 205, in the Vickery Corridor Parcel No. 55-Ala, for right-of-way for the Right-of-Way Southwest Parkway Project(DOE 3777). for Southwest Parkway Project G-15520 M&C G-15520 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to Zeig Electric, Inc., not to exceed $224,700.00, and Moving as a displaced business, from 3601 West Vickery Boulevard, in the Vickery Expenses for Corridor, Parcel No. 56 Pt2-A1, for right-of-way for the Southwest Parkway Right-of-Way Project(DOE 3777). for Southwest Parkway Project G-15521 M&C G-15521 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to Guardian Building Products Distribution, Inc., and Moving up to $60,000.00, as a displaced business, from 3701 Rutledge Street, in the Expenses for Vickery Corridor, Parcel No. 59, for right-of-way for the Southwest Parkway Right-of-Way Project(DOE 3777). for Southwest Parkway Project G-15522 M&C G-15522 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to United Refrigeration, Inc., up to $46,437.00, and Moving as a displaced business, from 3528 Concrete Street, in the Vickery Corridor, Expenses for Parcel No. 65, for right-of-way for the Southwest Parkway Project(DOE 3777). Right-of-Way for Southwest Parkway Project G-15523 M&C G-15523 — Recommending that the City Council authorize the payment of Pay Relocation relocation and moving expenses to Tommy Garcia, up to $5,000.00, as a and Moving displaced person, from 4133 West Vickery Boulevard, in the Vickery Corridor, Expenses for Parcel No. 72-A2, for right-of-way for the Southwest Parkway Project (DOE Right-of-Way 3777). for Southwest Parkway Project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 15 of 30 G-15524 There was presented Mayor and Council Communication No. G-15524 from the Pay Relocation City Manager recommending that the City Council authorize the payment of and Moving relocation and moving expenses to Vreeland Construction, Inc., up to $15,289.00, Expenses for as a displaced business, from 4309 West Vickery Boulevard, in the Vickery Right-of-Way Corridor, Parcel No. 78-A1, for right-of-way for the Southwest Parkway Project for Southwest (DOE 3777). Parkway Project Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15524 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15525 There was presented Mayor and Council Communication No. G-15525 from the Ord. No. 17310- City Manager recommending that the City Council authorize the City Manager to 12-2006 accept a donation in the amount of$6,000.00 from Lockheed Martin Aeronautics Accept Donation Company for the Environmental Management Department's education program; for and adopt an appropriation ordinance increasing estimated receipts and Environmental appropriations in the Environmental Management Fund in the amount of Management $6,000.00 from available funds, for the purpose of funding the Environmental Department's Management Department's education program. Education Program Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15525 be approved and Appropriation Ordinance No. 17310-12-2006 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-15526 adopt an ordinance designating Tax Abatement Reinvestment Zone No. 57, City Ord. No. 17311- of Fort Worth, Texas. Mayor Moncrief opened the public hearing and asked if 12-2006 there was anyone present desiring to be heard. Designate Tax Abatement Mr. Robert Sturns, Business Development Coordinator, Economic and Reinvestment Community Development Department, appeared before Council, gave a staff Zone No. 57 report and called attention to Mayor and Council Communication No. G-15526, as follows: There was presented Mayor and Council Communication No. G-15526 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 57, City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 57, 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 16 of 30 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15526 be approved and Ordinance No. 17311-12-2006 be adopted. The motion carried eight(8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. Council Member Davis pointed out that the reason the zone was created was to relocate a business that was in the proposed path of Trinity Uptown. She said the Council was very sensitive to businesses that might be impacted by Trinity Uptown and how important it was to keep those businesses and employees within the City. She added that it was a commitment to help the businesses in a very real and financial way to relocate for that purpose. She further stated that this was probably the beginning of many others that the City would see and she hoped that it sent a strong signal to the business community in that proposed corridor that the City truly did mean to be their partner in helping with those relocations. Mayor Moncrief acknowledged the presence of former City Council Member Bert Williams. Public Hearing It appeared that the City Council set today as the date for a public hearing on the G-15527 proposed relocation of the Arlington Heights Post Office. Mayor Moncrief Res. No. 3440- opened the public hearing and asked if there was anyone present desiring to be 12-2006 heard. Relocate Arlington Mr. Fernando Costa, Planning Department Director, appeared before Council, Heights Post gave a staff report and called attention to Mayor and Council Communication No. Office G-15527, as follows: There was presented Mayor and Council Communication No. G-15527 from the City Manager recommending that the City Council conduct a public hearing on the proposed relocation of the Arlington Heights Post Office to allow the public the opportunity to give testimony and present written evidence; and adopt a resolution endorsing the proposed relocation of the Arlington Heights Post Office. John Brookby Mr. John Brookby, 2918 Wingate, Development Manager for the project, appeared before Council in support of the relocation. He informed the Council that the building was designed by a world-renowned architect and that construction would begin in early 2007. He advised that the bent metal art forms in the front of the building were inspired by the tornado of 2000 and was a memorial to the victims of the tornado. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 17 of 30 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 Communication No. G-15527 be approved and Resolution No. 3440-12-2006 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-15528 approve a mid-year amendment to the FY 2006-2007 Crime Control and Ord. No. 17312- Prevention District budget. Mayor Moncrief opened the public hearing and asked 12-2006 if there was anyone present desiring to be heard. Amend FY 2006- 2007 Crime Ms. Kara Shuror, Assistant Director, Police Department, appeared before Control and Council, gave a staff report and called attention to Mayor and Council Prevention Communication No. G-15528, as follows: District Budget There was presented Mayor and Council Communication No. G-15528 from the City Manager recommending that the City Council approve a mid-year amendment of $381,500.00 to the FY 2006-2007 Crime Control and Prevention District (CCPD) budget to fund recruit training, vehicles and CCPD financial audit; and adopt a supplemental appropriation ordinance increasing appropriations in the Crime Control and Prevention District Fund in the amount of $381,500.00 and decreasing the reserved, undesignated fund balance by the same amount for the purpose of funding police recruit training, city vehicles and a CCPD financial audit. 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, Mayor and Council Communication No. G-15528 be approved and Supplemental Appropriation Ordinance No. 17312-12- 2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10500 There was presented Mayor and Council Communication No. P-10500 from the Vehicles and City Manager recommending that the City Council the purchase of 160 new 2007 Equipment vehicles and equipment for various departments listed below utilizing Tarrant County (TC), General Services Administration (GSA), Houston Galveston Area Council (HGAC) and Texas Association of School Boards (TASB) cooperative contracts as listed below for a cost not to exceed $4,818,120.45 with payment due within 30 days of the invoice date. Freight is included in the unit price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 18 of 30 Quantitv,Contract and Department Unit Price Extended Total Description TC-01-125,Philpott Ford 96 Ford Crown Victoria Police $22,346.84 $2,145,296.64 black/white patrol units 5 Ford Crown Victoria Municipal Court $21,908.00 $ 109,540.00 patrol units TC 05-003, Caldwell Country Chevy 13 Chevy Impala unmarked Police $17,527.00 $ 227,851.00 patrol units 7 Chevy Impala inspection Code Compliance $17,625.00 $ 123,375.00 units GSA 30F-0015N Frontline Communications 1 C-40X2 Mobile Command Police $ 670,267.51 Center unit 1 C-22B Mobile Command Emergency $ 105,532.47 Center unit Management TC 05-003, Caldwell Country Chevy 1 Chevy Tahoe vehicle Police $ 27,545.00 1 Chevy Tahoe vehicle Water $ 27,545.00 3 Chevy Tahoe patrol units Police $28,978.00 $ 86,934.00 2 Chevy Tahoe patrol units Aviation $28,978.00 $ 57,956.00 1 Chevy Tahoe 4X4 vehicle Water $ 30,908.00 GSA 07F-0040)ICX New Heights 1 Sky Watch elevated Police $ 54,019.59 surveillance system HGAC VE03-06 Dallas Dodge 7 Dodge Charger V8 Police $22,043.00 $ 154,300.99 black/white patrol units 12 Dodge Charger V6 Police $20,895.00 $ 250,740.00 black/white patrol units 6 Dodge Charger V6 Police $19,674.00 $ 118,044.00 vehicles HGAC SCO1-06 Underground,Inc. 1 GapVax sewer Water $ 173,912.00 combination unit body HGAC HT11-05 Houston Freightliner 1 Sterling Actera cab& Water $ 77,120.00 chassis truck CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 19 of 30 TASB 205-04 Continental Equipment 1 Gradall XL3200 4X2 Transportation/Public $ 219,755.25 wheel excavator Works TASB 208-04 Columbus Country Ford 1 Ford F350 crew cab,flat Fire $ 32,386.00 bed pickup HGAC TR11-04 Rush Equipment Center 1 MCI Simulator trailer Fire $ 42,908.00 HGAC GE02-06 Clifford Power Systems 1 Kohler 180 KW trailer Information $ 82,184.00 mounted generator Technology Solutions Total $4,818,120.45 Council Member Silcox made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. P-10500 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10501 There was presented Mayor and Council Communication No. P-10501 from the Ord. No. 17313- City Manager recommending that the City Council approve the transfer of 12-2006 $85,545.19 in undesignated funds from the Environmental Management Cleaning and Operating Fund to the Environmental Management Project Fund (R101); adopt Repairing of an appropriation ordinance increasing estimated receipts and appropriations in the Interior Lining Environmental Management Project Fund in the amount of $85,545.19 from of Brennan available funds, for the purpose of funding the cleaning and repairing of the Service Center interior lining of Brennan Service Center's Aboveground Storage Tank with Aboveground Eagle Construction and Environmental Services, LLP; and authorize the City Storage Tank Manager to amend the purchase agreement with Eagle Construction and Environmental Services, LLP, for cleaning and repairing the interior lining of the Brennan Service Center Aboveground Storage Tank in the amount of$85,545.19. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10501 be approved and Appropriation Ordinance No. 17313-12-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14266 It was the consensus of the City Council that Mayor and Council Communication Continued Until No. L-14266, Authorize the Sale of a .4122 Acre Parcel Located at 821 West December 19, Vickery Boulevard, a City Fee Owned Surplus Property, to Marshall T. Robinson 2006 (DOE 2820), be continued until the December 19, 2006, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 20 of 30 At this time, Mayor Pro tem Hicks recognized Sarah Walker, Tarrant County Black Historical and Geological Society. She stated that Mayor and Council Communication No. C-21872 was approved under the Consent Agenda, but she wanted to express appreciation to the Mayor and Council for approving the funds for an African American Museum. She added that she appreciated Ms. Walker's leadership and that the museum would be significant for southeast Fort Worth and the entire City. C-21874 There was presented Mayor and Council Communication No. C-21874 from the Centex Homes City Manager recommending that the City Council authorize the City Manager to execute a covenant and agreement with Centex Homes to permit building over the City's storm drain easement located west of Henderson Street between Texas and West Tenth Streets. Council Member Burdette advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would be abstaining from voting on this issue. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21874 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Burdette abstaining. C-21881 There was presented Mayor and Council Communication No. C-21881 from the Ord. No. 17314- City Manager recommending that the City Council adopt a supplemental 12-2006 appropriation ordinance increasing appropriations in the Water and Sewer Tarrant Operating Fund in the amount of $35,000.00 and decreasing the unreserved, Regional Water undesignated fund balance by the same amount, for the purpose of funding an District interlocal agreement for the use and modification of a radio tower owned and operated by the Tarrant Regional Water District; and authorize the City Manager to execute an interlocal agreement for use of and modification of a radio tower owned and operated by Tarrant Regional Water District for the Water Department not to exceed $35,000.00. City Manager Boswell stated that there were two on-page ordinances attached in error to this M&C. He added that the correct ordinance was the one on the reverse side of the attachment and advised that the first ordinance should be discarded. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21881 be approved as amended and Supplemental Appropriation Ordinance No. 17314-12-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 21 of 30 C-21883 There was presented Mayor and Council Communication No. C-21883 from the Amendment 1 to City Manager recommending that the City Council authorize the City Manager to CSC No. 32378 - execute Amendment 1 to Engineering Services Contract 32378 with Teague Nall Teague Nall and and Perkins, Inc., in the amount of $1,711,431.00 for the design of Golden Perkins, Inc. Triangle Boulevard from IH-35W to US 377 for a total contract cost of $2,066,706.00. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21883 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21884 There was presented Mayor and Council Communication No. C-21884 from the Ord. No. 17315- City Manager recommending that the City Council adopt an ordinance finding 12-2006 that conditions have materially changed so that the project scope for the Freese & reconstruction of Precinct Line Road approximately 1,000 feet north and south of Nichols, Inc. Trinity Boulevard as included in the 2004 Capital Improvement Program has increased to extend the limits from south of Hurst Boulevard (SH-10) to Trammel Davis Road; authorizing the 2004 Capital Improvement Program funds designated for Precinct Line Road be used to include the increased project scope; and authorize the City Manager to execute an Engineering Services Agreement with Freese & Nichols, Inc., in the amount of $263,346.00 for the schematic design of Precinct Line Road from Hurst Boulevard to Trammel Davis Road. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21884 be approved and Ordinance No. 17315-12-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21885 There was presented Mayor and Council Communication No. C-21885 from the Stanfield City Manager recommending that the City Council approve the correction of Enterprises, Inc. M&C C-21686 to correct the contractor's name, Stanfield Enterprises, Inc., and d/b/a S & J therefore to authorize the execution of a contract with Stanfield Enterprises, Inc., Electric d/b/a S & J Electric in the amount of $227,351.50 for the installation of two traffic signals at the intersections of Crowley Road (FM 731)/Crowley-Cleburne Road North and Riverside Drive/Vickery Boulevard. Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21885 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 22 of 30 C-21886 There was presented Mayor and Council Communication No. C-21886 from the JPS Health City Manager recommending that the City Council authorize the City Manager to Network execute a Community Facilities Agreement with JPS Health Network for the installation of water facilities to serve JPS Health Center for Women, Northwest, located in the northern portion of the City of Fort Worth. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21886 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21887 There was presented Mayor and Council Communication No. C-21887 from the Texas City Manager recommending that the City Council authorize the City Manager to Department of enter into a Landscape Maintenance Agreement with Texas Department of Transportation Transportation for improvements to State Highway 183. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21887 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-021 It appeared that the City Council, at its meeting of September 12, 2006, continued Withdrawn the Zoning Hearing of the application of Midway Industrial Trust for a change in Without zoning of property located in the 12000 block of Trinity Boulevard from "J" Prejudice 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; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 23 of 30 3. Minimum Square Footage: Dwelling units in the various structures (individual pods) will have a minimum size of 1,250 square feet of living area, excluding garage, porches, and patios, the 1,250 square-feet units will be limited to a maximum of one such unit per pod, all other units will have a minimum size of 1,450 square-feet living area, excluding garages, porches, and patios; 4. Garages: All dwelling units will have two (2) car, front entry garages; and 5. Maximum Dwelling Units Per Structure: No individual dwelling units will exceed a maximum of six (6) attached dwelling units. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Moncrief advised that a letter had been received from the applicant requesting the application be withdrawn without prejudice. There being no one present desiring to be heard in connection with the application of Midway Industrial Trust, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-021 be withdrawn without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-204 It appeared that the City Council, at its meeting of November 7, 2006, continued SP-06-029 the hearing of the application of Teaching Word Faith Center for a change in Denied With zoning of property located at 7712 South Freeway from "E" Neighborhood Prejudice Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus bingo facility; an eight foot wood screen fence on west property line, lighting to be directed away and downward from residential district; no beer or liquor served; hours of operation are from daylight until 10:00 p.m. daily; holidays until 1:00 a.m., and with site plan required, Zoning Docket No. ZC-06-204 and Site Plan No. SP-06-029. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Tyler Trahant Mr. Tyler Trahant, 3249 Rogers Avenue, representing the applicant, appeared before Council in support of the zoning change. He stated that the applicant held a meeting with the homeowners association and understood that Council Member Jordan had concerns over the area and bringing bingo hall into the I35 frontage area. He added that they had looked at redeveloping the entire site all the way down south to Sycamore School Road, but due to the lack of depth of their property, it would restrict a lot of redevelopment in the area. He further stated that the current zoning allowed for a variety of different uses and with the bingo hall there, the City at least knew what business was present. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 24 of 30 Council Member Jordan stated that he did have a concern with the use as the area was a critical area for redevelopment on I35 and was in close proximity to a neighborhood. There being no one else present desiring to be heard in connection with the application of Teaching Word Faith Center, Council Member Jordan made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-204 and Site Plan No. SP-06-029 be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-210 It appeared that the City Council, at its meeting of October 3, 2006, continued the Approved hearing of the application of Hayco Realty, LTD., for a change in zoning of property located in the 6100 block of Bowman Roberts Road and the 5100 block of Cromwell Marine Creek Road from "C" Medium Density Multi-Family Residential, "CR" Low Density Multi-Family Residential, "D" High Density Multi-Family Residential and "E" Neighborhood Commercial to "A-5" One- Family Residential, Zoning Docket No. ZC-06-210. 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 Hayco Realty, LTD, Council Member Burdette made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-210 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set 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 October 20, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-226 Council Member Espino made a motion, seconded by Council Member Silcox, Approved that the application of Susan M. Rudolfo for a change in zoning of property located at 3010 North Terry Avenue from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial, plus a residence, with site plan waived, Zoning Docket No. ZC-06-226, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 25 of 30 ZC-06-229 Council Member Burdette made a motion, seconded by Council Member Silcox, SP-06-037 that the application of Andrew Blake for a change in zoning of property located at Approved 3300 West 4th Street from "C" Medium Density Multi Family to "PD/SU" Planned Development/Specific Use for residence with office for both units, with site plan required, Zoning Docket No. ZC-06-229 and Site Plan No. SP-06-037, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-237A Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Approved the application of the City of Fort Worth for a change in zoning of property located at 1408 Northeast 34th Street and 1701 Northeast 36th Street from "B" Two Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-237A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-239 Council Member Espino made a motion, seconded by Council Member Davis, that Approved the application of the City of Fort Worth, Downtown Urban Design District for a change in zoning of property located south of Trinity River (Boundary Adjustment, area north of Weatherford Street from Grove Street West to Forest Park Boulevard) from "Trinity Uptown Urban Design District" (TU/DUDD) to "Trinity Uptown Design Designation" (TU), Zoning Docket No. ZC-06-239, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-249 Council Member Espino made a motion, seconded by Council Member Davis, that SP-06-040 the application of Bill Willingham et al. for a change in zoning of property located Approved in the 6500 block of North Freeway from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for a hotel, with site plan required, Zoning Docket No. ZC-06-249 and Site Plan No. SP-06-040, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-250 Council Member Davis made a motion, seconded by Council Member Silcox, that Approved the application of Southwestern Baptist Theological Seminary for a change in zoning of property located at 4712, 4714 Townsend Drive, 4709 Gordon Avenue, 1800 West Spurgeon Street and 1801 West Boyce Avenue from "B" Two Family Residential and "C" Medium Density Multi Family Residential to "CF" Community Facilities, Zoning Docket No. ZC-06-250, be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-251 Council Member Burdette made a motion, seconded by Council Member Jordan, Approved that the application of 820/30 Interchange, LTD., for a change in zoning of property located in the 1300 block of Alameda and the 900 block of West Loop 820 South from "C" Medium Density Multi Family Residential and "F" General Commercial to (Tract X,Y,Z) "C" Medium Density Multi Family Residential and (Tract T) "A-5" One Family Residential, Zoning Docket No. ZC-06-251, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 26 of 30 ZC-06-252 Council Member Wheatfall made a motion, seconded by Council Member Espino, Approved that the application of the City of Fort Worth for a change in zoning of property located at 4820 Fitzhugh from "B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-252, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-255 Council Member Davis made a motion, seconded by Council Member Jordan, that SP-06-042 the application of Trinity Park, Inc., for a change in zoning of property located in Approved the 1014 through 1030 block of Stayton Street from "MU-2" High Intensity Mixed Use to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use, with site plan required, Zoning Docket No. ZC-06-255 and Site Plan No. SP-06-042, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-257 Council Member Espino made a motion, seconded by Council Member Jordan, Approved that the application of the City of Fort Worth for a change in zoning of property located at 4399 Crawford Road and 4405 Ray White Road from Unzoned to "A- 7.5" One Family Residential, Zoning Docket No. ZC-06-257, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-258 Council Member Espino made a motion, seconded by Council Member Jordan, Approved that the application of the City of Fort Worth for a change in zoning of property located in the 2600 through 2700 block of Keller Haslet Road, the 13100 block of Old Denton Road and the 13300 block of North Freeway from Unzoned to "K" Heavy Industrial, Zoning Docket No. ZC-06-258, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-259 Ms. Torchy Virginia White, 1812 Bunche Drive, President and Model Blocks Approved Chair for the Historic Carver Heights Neighborhood, appeared before Council in Torchy White support of the cultural overlay designation. He expressed appreciation to various City staff and Council Members who assisted the community with this issue and requested the Council approve the zoning change. Council Member Wheatfall expressed appreciation to Ms. White for her leadership and commended her and the neighborhood for what they had done to preserve the culture of their community. Council Member Wheatfall made a motion, seconded by Council Member Espino, that the application of the City of Fort Worth, Historic Carver Heights Neighborhood for a change in zoning of property located north of Ramey Avenue, south of Patton Street, east of Stallcup Street and west of Cass Street from "B" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 27 of 30 Two Family Residential, "C" Medium Density Multi Family Residential and "E" Neighborhood Commercial to "A-5/HC" One Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC-06-259, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-06-043 Council Member Scarth made a motion, seconded by Council Member Espino that Approved the application of Mike McGuffin for site plan of property located at 7429 Randol Mill Road for an equestrian center, Site Plan No. SP-06-043, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-260 Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Approved the application of the City of Fort Worth for a change in zoning of property located at 4401 through 4433 El Campo Avenue and 2409 Western Avenue from "B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06- 260, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-262 Council Member Espino made a motion, seconded by Council Member Jordan, Approved that the application of the City of Fort Worth for a change in zoning of property located at 1901 through 2039 West Lotus Avenue, 2100 Cardinal, 2101 Morning Glory and 1901 Bluebird from "A-5" One Family Residential, "B" Two Family Residential and "B/HC" Two Family Residential/Historic and Cultural Overlay to "A-7.5" One Family Residential and "A-7.5/HC" One Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC-06-262, be approved with appreciation to the Oakhurst Neighborhood Association. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-263 Council Member Jordan made a motion, seconded by Council Member Silcox, that Approved the application of the City of Fort Worth for a change in zoning of property located in the 8599 through 9301 block of Old Granbury Road from "A-5" One Family Residential and "C" Medium Density Multi Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-263, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-206 It appeared that the City Council, at its meeting of November 14, 2006, continued Returned to the the hearing of the he application of Waterview Estates North, L.P., for a change City Zoning in zoning of property located in the 5100 through 5200 blocks of East Loop 820 Commission South from "MH" Manufactured Housing to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-06-206. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 28 of 30 There being no one present desiring to be heard in connection with the application of Waterview Estates North, L.P., Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06- 206 be returned to the City Zoning Commission for reconsideration. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-207 It appeared that the City Council, at its meeting of November 7, 2006, continued SP-06-030 the hearing of the application of Epoch Homes for a change in zoning of property Denied located at 4515 and 4533 Harley Avenue from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "A-R" One-Family Restricted Residential, with site plan required, Zoning Docket No. ZC-06-207 and Site Plan No. SP-06-030. 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 Epoch Homes, Council Member Burdette made a motion, seconded by Council Member Jordan, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-207 and Site Plan No. SP-06-030 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-217 Council Member Burdette made a motion, seconded by Council Member Silcox, Approved that the application of Georgia Pappajohn for a change in zoning of property located in the 3801 block of Ohio Garden from "B" Two Family Residential and "ER" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, with waiver of site plan requested, Zoning Docket No. ZC-06-217, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for auto repair and with waiver of the site plan. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-222 Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that SP-06-034 the application of Ildefonso Veloz for a change in zoning of property located at Denied With 3320 Decatur Avenue from "PD-470" Planned Development for automotive tire Prejudice shop to include automotive repair uses within the current "PD-470" district, with site plan required, Zoning Docket No. ZC-06-222 and Site Plan No. SP-06-034, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-243 Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Denied the application of Lisa A. Yvon for a change in zoning of property located at 6001 and 6005 Locke Avenue from "B" Two Family Residential to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-06-243, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12, 2006 PAGE 29 of 30 ZC-06-245 Mr. Randel Flores, 3003 Oscar, applicant for the zoning change, appeared before Continued Until Council in support of the zoning change. He advised the Council that the December 19, building would be used as office space and light retail uses and that he already 2006 had businesses interested in leasing the spaces. Council Member Espino stated that he had concerns with the parking spaces and made a motion, seconded by Council Member Jordan, that the application of Randel Flores for a change in zoning of property located at 1501 through 1609 East Long Avenue from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial and excluding liquor stores, with site plan waiver requested, Zoning Docket No. ZC- 06-245, be continued until the December 19, 2006, Council meeting. 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 Espino made a motion, seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17316-12-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS'; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XV Mr. Joe Don Brandon, 1415 E. Lancaster, appeared before Council on the behalf Citizen of the community of homeless people. He expressed appreciation for the Presentations donations received by the Union Gospel Mission and advised the Council of a Joe Don cable television program and website that would provide information on bus Brandon transportation, area malls, and sports cards. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 12,2006 PAGE 30 of 30 Tom Sauvlet Mr. Tom Sauvlet, 8223 Tombstone Drive, Arlington, Texas, representing AMC Youth Education Center, appeared before Council and provided an update on services the center provides. He advised the Council of Fort Worth students' failures on the TAKS test and the success rate experienced by students at the center. He requested support from the City to provide additional services to his students and proposed funding through grant appropriations. Mayor Moncrief advised Mr. Sauvlet that he was not sure what role the City could take in this instance, if any. He assured Mr. Sauvlet that City staff would evaluate the suggested proposal to determine if the City could provide assistance. Richard Vickers Mr. Richard Vickers, 410 West 7th Street 4306, appeared before Council relative to Fair Housing issues. He advised the Council of alleged mistreatment of some residents by Code Compliance personnel and asked that the Fair Housing issue be investigated. Jo Ellen Ms. Jo Ellen Matthews, 5729 Wilbarger, appeared before Council relative to gas Matthews well drilling and zoning issues in her neighborhood. She expressed concern about residue from the wells affecting the lake in the neighborhood and stated that she feared the wells would blow up. She added that she suffered from allergies, gas fumes from the drilling and was especially sensitive to toxins. She alleged that she had been a victim of hate crimes as she had found dead rats and .38 caliber bullet shells in her yard, had her fenced damaged, had been mistreated by Fort Worth Police Officers, and that she had been arrested at Wa1Mart. She also stated that she owned a firearm as did other individuals in her neighborhood. Mayor Moncrief advised Ms. Matthews that staff would look into her concerns and assured her that the Council wanted safe neighborhoods for all Fort Worth residents. Agenda Item There being no further business,the meeting was adjourned at 8.58 p.m. XVII Adjournment These minutes approved by the Fort Worth City Council on the 19th day of December, 2006. Attest: Approve V Marty Hen rix Michael J. oncrief City Secretary Mayor