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Home My WebLink About2005/03/08-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 Date & Time On the 8th day of March, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:20 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Matthew Wallis, Law Department. Pledge The Pledge of Allegiance was recited. Minutes Council Member Haskin stated that she would provide City Secretary Hendrix with an amendment to the City Council minutes. On motion of Mayor Pro tempore McCloud, seconded by Council Member Wheatfall, the minutes of the regular meeting of March 1, 2005, were approved, as amended, 9 to 0. Special Council Member Haskin presented a Proclamation for American Presentations Red Cross Month to Mr. Bryant M. Martin, Chisholm Trail Chapter Director of Marketing and Public Relations. (Council Member Lane stepped away from the dais.) Mayor Pro tempore McCloud presented a Proclamation for Black Church Week of Prayer for the Healing of AIDS to Mr. Tracy Edwards, Director of Outreach Services at the AIDS Outreach Center. (Council Member Lane returned to his chair at the dais.) Council Member Wheatfall presented a Proclamation for Delta Days at Fort Worth City Hall to Michelle Brown, Director of the Fort Worth Chapter, Delta Sigma Theta Sorority. Lieutenant Charles Ramirez, President of the Fort Worth Chapter, introduced the National Latino Peace Officers' Association. Lt. Ramirez explained the purpose of the association and stated that they had already worked with several organizations in the City on various endeavors. He advised that the Association was available to the Council to provide whatever service was needed. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 2 of 26 Announcements Council Member Silcox recognized Matthew Fleet from Boy Scout Troop 350, Longhorn Council, who was attending the Council to work on his Citizenship in the Community Badge. Council Member Lane stated that next week the Mayor and four other members of the Council would be in Mbabane, Swaziland to sign a Sister Cities Agreement. He added that the Shiloh Baptist Church had agreed to sponsor three students from Mbabane to visit Fort Worth and experience our culture. Council Member Lane challenged other City churches, especially African American Churches, to also step up and provide the same opportunity to other students. He stated that anyone interested in sponsoring a student could contact the Sister Cities office at(817) 392-2650. Mayor Pro tempore McCloud stated that there would be subsequent trips to Mbabane and stated that other delegations would be able to travel and send Fort Worth youth to study their culture and gain. understanding. He commended Council Member Haskin in her leadership efforts to facilitate the delivery of 280 wheelchairs of all sizes to the Mbabane community. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wheatfall, the consent agenda was adopted 9 to 0. Presentations by Council Member Picht made a motion, seconded by Mayor Pro City Council tempore McCloud, that Charles Rand be appointed to Place 6 on Appointments the City Plan Commission, effective March 8, 2005 and with a term expiring October 1, 2006. The motion carried 9 to 0. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Paul Sweitzer be appointed to the Tarrant County 911 District Board, effective March 8, 2005 and a term expiring April.1, 2007. The motion carried 9 to 0. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that Steve Wayne Cole be appointed to Place 2 on the City Zoning Commission, effective March 8, 2005 and with a term expiring October 1, 2006. The motion carried 9 to 0. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 3 of 26 (Council Member Lane stepped away from the dais.) Res. #3172-03- There was presented Resolution No. 3172-0.3-2005 supporting the 2006 introduction and passage of legislation and constitutional Support amendment that allows the City of Fort Worth to call for an election Passage of to determine whether the sale of alcoholic beverages should be Legislation and allowed within a specified area within the City and/or the City's Constitutional Extraterritorial Jurisdiction. Council Member Davis made a Amendment for motion, seconded by Council Member Silcox, that the resolution the Sale of be adopted. The motion carried 8 to 0. Alcoholic Beverages Res. #3173-03- There was presented Resolution No. 3173-03-2005 adopting the 2005 City of Fort Worth's 2005 Federal Legislative Program. Mayor Pro 2005 Federal tempore McCloud made a motion, seconded by Council Member Legislative Stevenson, that the resolution be adopted. The motion carried 8 to Program 0. Appointment to There was presented a resolution appointing a member to the D/FW Dallas-Fort Worth (D/FW) International Airport Board, Place 8. International Airport Board Mayor Moncrief advised the Council that he would delay this Continued to appointment until the March 24, 2005 Council meeting. March 24, 2005 Res. #3174-03- There was presented Resolution No. 3174-03-2005 appointing the 2005 chairperson and five members of the Board of Directors and Appoint acknowledging the appointment of four members to the Board of Chairperson and Directors of Tax Increment Reinvestment Zone Number Seven, City Members of of Fort Worth, Texas (North Tarrant Parkway TIF). Board of Directors and Name Expiration of Term Acknowledge Appointment of Becky Haskin December 31, 2006 Bill Miller December 31, 2006 Members to Russell Laughlin December 31, 2006 Board of Bill Poteet December 31, 2006 Directors of Tax Donald Silverman December 31, 2005 Increment Reinvestment Name Appointing Entity Expiration of Term Zone#7 David Palmer Northwest ISD December 31, 2006 (North Tarrant Glen Whitley Tarrant County December 31, 2006 Parkway TIF) Michael Saenz Tarrant County College District December 31, 2006 Linda Christie Tarrant Regional Water District December 31, 2005 CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2006 PAGE.4 of 26 Name APP ointin- Entity Expiration of Term Jim O'Neil City of Fort Worth December 31, 2006 Peter Aberg City of Fort Worth December 31, 2005 Jeff Baker Keller ISD December 31, 2006 Adonna Lowe Tarrant County Hospital District December 31, 2006 Council Member Davis expressed concern that initially the TIF was created for one purpose and had only one Council Member assigned to the Board of Directors.- However, since the scope of the TIF had changed, she proposed that an additional Council Member be appointed to the board, perhaps from District 2 or 7. City Attorney Yett stated that appointment of another Council Member to this TIF board was possible. He added that expansion of the board would have to be placed on another Council meeting agenda for action. Council Member Davis requested that staff bring forward a recommendation of an additional appointment at a future Council meeting. Council Member Haskin made a motion, seconded by Council Member Wheatfall, that the resolution be adopted. The motion carried 8 to 0. (Council Member Haskin stepped away from the dais.) Ord. #16320-03 There was presented Ordinance No. 16320-03-2005 Fourteen 2006 Supplemental Ordinance authorizing the issuance and sale of City Fourteenth of Fort Worth, Texas Water and Sewer System Revenue Refunding Supplemental . Bonds, Series 2005A, in an aggregate principal amount not to Ordinance exceed $85,000,000.00; approving the execution of a Bond Authorizing Purchase Contract and an Escrow Agreement and other Issuance and instruments related thereto; repealing all ordinances in conflict Sale of City of herewith; and providing that this ordinance shall be in force and Fort Worth, effect,from..and after the date of its passage. Council Member Texas Water and Wheatfall made a motion, seconded by Council Member Sewer System Stevenson, that the ordinance be adopted. The motion carried 7 to Revenue 0. - Refnnding Bonds, Series 20o5A CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 5 of 26 Ord. #16321-03- There was presented Ordinance No. 16321-03-2005 by the City 2005 Council of the City of Fort Worth, Texas, directing publication of Direct Notice of Intention to issue Combination Tax and Revenue Publication of Certificates of Obligation, Series 2005; and ordaining other matters Notice of relating to the subject. Council Member Silcox made a motion, Intention to seconded by Council Member Wheatfall, that the ordinance be Issue adopted. The motion carried 7 to 0. Combination Tax and (Council Member Lane returned to his chair at the dais.) Revenue Certificates of Obligation, Series 2005 Res. #3175-03- There was presented Resolution No. 3175-03-2005 to authorize 2005 filing a lawsuit against North Western Excavation and Dirt Landfill File Lawsuit L.L.P., et al pursuant to Chapter 54 of the Texas Local Government Against North Code. Mayor Pro tempore McCloud made a motion, seconded by Western Council Member Silcox, that the resolution be adopted. The Excavation and motion carried 8 to 0. Dirt Landfill L.L.P. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1470 There was presented Mayor and Council Communication No. OCS- Claims 1470 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14703 There was presented Mayor and Council Communication No. G- Temporary 14703 from the City Manager recommending that the City Council Street Closure approve the request of Colonial Country Club to temporarily close During Bank of the following streets during the Bank of America Colonial Golf America Tournament May 16-22, 2005: Colonial Golf Tournament for ® 3700 block of Country Club Circle; Year 2005 ! 3700, 3800 and 3900 blocks of Mockingbird Lane including Mockingbird Court; • 3600 and 3700 block of Cantey Street between Highview Terrace West to the T.C.U. parking lot; and • 2000 block of Rogers Avenue from Riverfront Drive to Colonial Parkway. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 6 of 26 It was the consensus of the City Council that the recommendation be adopted, G-14704 There was presented Mayor and Council Communication No. G- Amend Scope of 14704 from the City Manager recommending that the City Council North Main authorize the City staff to amend the scope at the North Main Street Street Streetscape. Improvement Project to eliminate certain Streetscape improvements from the Paddock Gateway Pilot Project. It was the Improvement consensus of the City Council that the recommendation. be Project adopted. G-14705 There was presented Mayor and Council Communication No. G- Ord. #16322-03- 14705 from the City Manager recommending that the City Council 2005 adopt Supplemental Appropriation Ordinance No. 16322-03-2005 Purchase increasing appropriations in the Federal Awarded Assets Fund in Furniture for the amount of $49,370.00 from available funds, for the purpose of Police funding the purchase of furniture at various police facilities. It was Department the consensus of the City Council that the recommendation be adopted, G-14706 There was presented Mayor and Council Communication No. G- Ord. #16323-03- 14706 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept a grant from the Texas Grant from Department of State Health Services, (TDSHS) Zoonosis Control Texas Division Animal .Friendly License Plate SpaylNeuter Project in an Department of amount not to exceed $20,000.00; authorize the City Manager to State Health execute the TDSHS Zoonosis Control Division Spay/Neuter Project Services, Grant contract, if awarded; and adopt Appropriation Ordinance No. Zoonosis 16323-03-2005 increasing estimated receipts. and appropriations in Control Division, the Grants Fund in an amount up to $20,000.00, subject to receipt for an Animal.. of.the Zoonosis.Control Division Spay/Neuter Project Grant from Spay/Neuter the Texas Department of State Health Services, for the purpose of Program funding the spaying and neutering of pets owned by Fort Worth citizens. It was the consensus of the City Council that the recommendation be adopted: 694707 .. There was presented Mayor and Council Communication No G- Ord.#16324-03- 14707 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16324-03-2005, pursuant to V.T.C:A., Approve D Transportation Code, Chapter ' 22, Subchapter D, approving International al Airport Board Resolution Resolution No. 2005-01`-019 of the Dallas-Fort Worth International 2005-01-019 to Airport Board which amends Chapter 4 of the Dallas-Fort Worth Discontinue International Airport Board (Airport Board) Code of Rules and Regulation of Regulations to discontinue the `regulation of shared-ride service Shared-Ride under the .Code of Rules and Regulations of the Airport Board and Service enter into concession contracts with the shared-ride service CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 7 of 26 providers at Dallas-Fort Worth International Airport. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried 8 to 0. (Council Member Wheatfall stepped away from the dais.) G-14708 There was presented Mayor and Council Communication No. G- Extend Injury 14708 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer/Detective Terry Howard. Council Member Silcox Benefits for made a motion, seconded by Council Member Stevenson, that the Police Officer/ recommendation be adopted. The motion carried 7 to 0. Detective Terry Howard G-14709 There was presented Mayor and Council Communication No. G- Ord. #16325-03- 14709 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept $4,750.00 in cash Accept sponsorships for the "Care for Cowtown Air" program; authorize Sponsorships the City Manager to accept donated services sponsorships valued for "Care for at.$20,700.00; and adopt Supplemental Appropriation Ordinance No. Cowtown Air" 16325-03-2005 increasing estimated receipts and appropriations in Program the Environmental Management Project Fund in the amount of $4,750.00 from available funds, for the purpose of funding the kick- off event for "Care for Cowtown Air." Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried 7 to 0. P-10102 There was presented Mayor and Council Communication No. P- Fire Alarm 10102 from the City Manager recommending that the City Council Maintenance authorize a purchase agreement for fire alarm maintenance and and Testing testing with PAC Systems, Incorporated, for the City of Fort Worth with net 30 days payment terms; authorize this agreement to begin March 8, 2005 and expire March 7, 2006, with options to renew for three additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Texas Government Code, Chapter 271.102, ""Cooperative Purchasing Program." It was the consensus of the City. Council that the recommendation be adopted. P-10103 There was presented Mayor and Council Communication No. P- Golf and Utility 10103 from the City Manager recommending that the City Council: Car Lease CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 8 of 26 1. Authorize a purchase agreement for a 36 month golf and utility car lease including a sell back option with Yamaha Golf Car Company for the Parks and Community Services Department to the low bid vendor based upon the following unit prices. Payment is due 30 days from date the invoice is received; Quantity & Description Monthly Total 36 Month Total 348 ea. lease of golf cars per month at $18,162.12 $653,836.32 12 ea. lease of utility cars per month at $ 626.28 $ 22,546.08 Labor during regular hours at $ 50.00 Labor during overtime hours at $ 50.00 1 time minimum trip charge for repairs at No Charge Parts at manufacturer's list price less 25%discount discount of 2. Authorize an extension to the current agreement with EZ Go Textron for the delivery of the new cars and return of the old cars that will not exceed two months and $50,000.00; and 3. Authorize this agreement to begin March 8, 2005 and expire on March 7,. 2006, with options to"renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10104 There was presented Mayor and Council Communication No. P- Print Annual 10104 from the City Manager recommending that the City Council Water Quality authorize a purchase agreement for printing of the Annual Water Report. Quality Report with Sprint Press, Inc., based on low bid with payment due 30 days after receipt of invoice and freight included in unit cost; and authorize this agreement to begin March 29, 2006 and expire March 28, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10105 There was presented Mayor and Council Communication No. P- Lockers ` 107135 from the City Manager recommending that the City Council authorize the purchase of lockers from Midwest Factory Warehouse through a Texas Procurement Center reverse auction for the Fire Department for a cost not to exceed $26,558.55, with payment due 30 days after receipt of invoice and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 9 of 26 L-14044 There was presented Mayor and Council Communication No. L- Permanent 14044 from the City Manager recommending that the City Council Water Main approve the acceptance of a permanent water main easement Easement described as Lot F, Block 37, Ridglea Addition, Tarrant County, Texas, located in west Fort Worth from Village at Camp Bowie 1 LP, for the Ridglea Addition Project (DOE 4702), needed for the construction, operation and maintenance of a water main line to serve properties located in the 6300 block of Camp Bowie Boulevard near Bernie Anderson Avenue, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2573 There was presented Mayor and Council Communication No. PZ- Ord. #1632603- 2573 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16326-03-2005 vacating and extinguishing a Vacate Portion portion of West Dashwood Street between Lots 59 and 60, Block 5 of West in the Shelmire's Subdivision from the east right-of-way line of Dashwood College Street to the west right-of-way line of a 13 foot public alley Street Between following the projected southerly extension of the west property Lots 59 and 60, line of Lot 60. Mayor Pro tempore McCloud made a motion, Block 5 in seconded by Council Member Stevenson, that the Shelmire's recommendation be adopted. The motion carried 7 to 0. Subdivision (VA- 04-044) Public Hearing City Secretary Hendrix stated that the public hearing on the Heard After adoption of amendment to the City Plan Commission Rules and Zoning Docket Regulations for block length standards in mixed-use zoning No. ZC-05-019 . .districts would be heard after Zoning Docket No. ZC-05-019, its associate Zoning case. C-20553 There was presented Mayor and Council Communication No. C- XTO Energy, Inc. 20553 from the City Manager recommending that the City Council authorize the City Manager to execute a Public Right-of-Way Use Agreement with XTO Energy, Inc., (XTO Energy), that grants XTO Energy a license to use certain streets and public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining ..and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20554 There was presented Mayor and Council Communication No. C- Radisson Hotel 20554 from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement for signs authorizing use of the right-of-way for installation of new CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 10 of 26 signs in the 100 block of East 8th Street and the 800 block of Commerce Street. It was the consensus of the City Council that the recommendation be adopted. C-20555 There was presented Mayor and Council Communication No. C- Peachtree 20555 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd Construction, Ltd., in the amount of $367,160.00 for 50 working days for Hot Mix Asphaltic Concrete Surface Overlay 2005-4 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20556 There was presented Mayor and Council Communication No. C- Ord. #16327-03- 20556 from the City:Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16327-03-2005 increasing the JRJ Paving, LP estimated receipts and appropriations in the Water Capital Project Fund in the amount of $189,578.50 from available funds for the purpose of funding a contract with JRJ Paving, LP, for HMAC Surface Overlay 2005-5; authorize the City Manager to execute a contract with JRJ Paving, LP, in the amount of $338,493.00 for 75 working days for HMAC Surface Overlay 2005-5 at various locations, and authorize the transfer of $189,578.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund. It was the consensus of the City Council that the recommendation be adopted. C-20557 There was presented Mayor and Council Communication No; C- Ord. #16328-03- 20557 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance' No. 16328-03-2005 increasing Halff Associates, estimated receipts and appropriations in the Water Capital Project Inc. Fund in the amount of $13,394.00 and the Sewer Capital Project Fund in the amount of $15,797.00 from available funds' for the purpose of funding an engineering agreement with Halff Associates, Inc., for the Robin-Denver Storm Drain Reconstruction Project (City Project 00086); authorize the City Manager to execute an engineering agreement with Halff Associates, Inc., in the amount of $139,190.00 for the Robin-Denver Storm Drain Reconstruction Project; and authorize the transfer of $29,191.00 from the Water and Sewer Operating Fund' to the Water Capital Project Fund in the amount of $13,394.00 and Sewer Capital Project Fund in the amount of $15,797,00. It was the consensus of the:City Council that the recommendation be adopted.' CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 11 of 26 C-20558 There was presented Mayor and Council Communication No. C- . Craig Price 20558 from the City Manager recommending that the City Council authorize the City Manager to execute a lease agreement with Craig Price (DOE 4600) for the property located at 740 Harmon Road for a monthly lease rate of $900.00 per month; and authorize this agreement to begin March 1, 2005 and expire February 28, 2006, with an option to renew the lease for two successive one- year periods, with the provision that the City may terminate this lease at the conclusion of each term. It was the consensus of the City Council that the recommendation be adopted. C-20559 There was presented Mayor and Council Communication No. C- Brock Paving 20559 from the City.Manager recommending that the City Council and Westhill reject all bids received for Contract for Speed Humps — Phase One Construction, and authorize staff to re-advertise the project for bid at the earliest Inc. (Reject possible date. It was the consensus of the City Council that the Bids) recommendation be adopted. C-20560 There was presented Mayor and Council Communication No. C- Ord. #16329-03- 20560 from the City Manager recommending that the City Council 2006 adopt Appropriation Ordinance No. 16329-03-2005 increasing Change Order#2 estimated receipts and appropriations in the Sewer Capital Project to CSC #30548, Fund in the amount of $34,934.00 from available funds for the Tri-Tech purpose of funding Change Order No. 2 to City Secretary Contract Construction, No. 30548 with Tri-Tech Construction, Inc., for flowable fill and Inc. manhole protective coating for Sanitary Sewer Rehabilitation and Improvements Contract LXII (62), Unit 1; authorize the City Manager to execute Change Order No. 2 to City Secretary Contract No. 30548 with Tri-Tech Construction, Inc., in the amount of $34,934.00 for additional pay item quantities, thereby increasing the contract amount to $499,436.00; and authorize the transfer of $34,934.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund. It was the consensus of the City Council that the recommendation be adopted. C-20561 There was presented Mayor and Council Communication No. C- Amendment#3 20561 from the City Manager recommending that the City Council to CSC #29019, authorize the City Manager to execute Amendment No. 3 to City Dunaway Secretary Contract No. 29019 with Dunaway Associates, Inc., in the Associates, Inc. amount of $125,377.00 to provide for additional design and survey services, thereby increasing the contract amount to $1,157,691.45. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 12 of 26 C-20562 There was presented Mayor and Council Communication No. C- Texas Housing 20662 from the City Manager recommending that the City Council and Economic approve the application of Texas Housing and Economic Resources, Inc. Resources, Inc., and KB Home Lone Star, L.P., by KBSA, Inc., a and KB Home Texas Corporation General Partnership, for a five-year Municipal Lone Star, L.P., Property Tax Abatement for the New Rolling Hills Addition in the a Texas Limited Rolling Hills Neighborhood Empowerment Zone (NEZ); find that Partnership the statements set forth in: the recitals of the Tax Abatement Agreement with Texas Housing and Economic Resources, Inc., and KB Home Lone Star, L.P., by KBSA, Inc., a Texas Corporation General Partnership, are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Texas Housing and Economic Resources, Inc., and KB Home Lone Star, L.P., by KBSA, Inc;, a Texas Corporation General Partnership in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried as follows: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davin NOES: Council Member Silcox. ABSENT: . Council Members Haskin and Wheatfall C-20563 There was presented Mayor and Council Communication No. C- Kimball Hill 20563 from the City Manager recommending that the City Council Chadwick authorize the City Manager to execute one. Community Facilities Farms, L.P. ` Agreement (CFA) with Kimball Hill Chadwick Farms, L.P., for the installation of `community` facilities to serve Chadwick Farms, Section I and `a separate CFA with the same developer for the installation of community facilities to serve Chadwick Farms, Section It. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried 7 to 0. C-20564 There was presented'Mayor and Council 'Communication No C- Goodwill 20664 from the City Manager recommending`that the City Council Industries of authorize the City Manager to execute an agreement with Goodwill Fort Worth, Inc. Industries of Fort Worth, Inc., to provide Electronic Waste services, at no charge,'to the Department of Environmental Management for a period of one-year from March 14, '2005 to March 13, 2006, with the option to renew for two additional one-year periods. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 13 of 26 Council Member Picht asked Brian Boerner, Environmental Management Department Director, if the drop off sites would be strategically located throughout the City. Mr. Boerner stated that drop off sites would be located at various City locations as well as at Goodwill locations. Council Member Davis expressed appreciation to Goodwill Industries of Fort Worth, Inc., for providing these services at no cost to the City. (Council Member Wheatfall returned to his.chair at the dais.) Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted with appreciation. The motion carried 8 to 0. Regular Zoning It appeared to the City Council that Resolution No. 3168 was Hearing adopted on February 17, 2005 setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on February 18, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-302 Mayor Moncrief stated that Zoning Docket No. ZC-04-302, Action Delayed application of Texas National Theaters for a change in zoning of property located at 3715 Northeast 28th Street from "A-b" One- Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, would be heard upon Council Member Haskin's return to the Council Chamber. ZC-05-001 Ms. Willena Moore, 5832 S. Hulen Street #157, appeared before Continued Until Council in support of the zoning change. She stated that the April 12, 2005 proposed package store would be convenient for the Willena Moore neighborhood and requested Council's favorable consideration. Aldis Petite Ms. Aldis Petite, 7320 Natalie, applicant for the zoning change, appeared before Council in support of the zoning change. She stated that two other businesses were in the area, neither had problems with the homeless, and that package stores did not attract the homeless. She added that the building had been vacant for ten years and this was an opportunity to get it back on the tax CITY COUNCIL, MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 14 of 26 roles. She further stated that there was not an excess of package stores in the area and that she had been advised by the Planning Department that a. package store was consistent with the Comprehensive Plan and was a compatible use for the area. Charles Mr. Charles Edmonds, 721 Green River Trail, appeared before Edmonds Council in opposition of the zoning change. He stated that business and landowners who had invested in the surrounding property believe that this application would have a detrimental impact on development of the area. He submitted a petition signed by business owners expressing opposition to this business and added that "MU-2" High Intensity Mixed-Use zoning excluding alcohol sales would be appropriate. Linda Claytor Ms. Linda Claytor, 2803 Black Oak Lane, Arlington, Texas, appeared before Council in opposition of the zoning change. She stated that she owned a business in this area and that there was still a large area of vacant property in the area. She added that "MU-2" zoning was a good idea, with the exclusion of alcohol sales. Nelson Claytor Mr. Nelson Claytor, 1723 5"' Avenue, appeared before Council in Apposition of the zoning change. He stated that there was no neighborhood in the area for a package store to serve. There were only four houses in the area and vacant land, and requested that the "MU-2" zoning be approved rather than the zoning being requested. (Council Member Haskin returned to her chair at the dais.) Mayor Pro tempore McCloud stated that the Comprehensive Plan had targeted this area for development and he was concerned with the impact a package liquor store would have on the development. He asked staff if his motion could be to change the zoning to "MU- 2" with exclusion of alcohol sales at this time or if the case would need to be returned to the City Zoning Commission. Mr. Bob Riley, Development Department Director; stated that"MU-2" zoning was more permissive than "E" Neighborhood Commercial, and therefore the case would have to be re-noticed to the area. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Aldis Petite for a change in zoning of property located at 300 East Hattie Street from "D" High Density Multi-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-001, be continued until April 12, 2005 to CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 15 of 26 provide for the re-noticing of the property to "MU-2" High Intensity Mixed Use with the exclusion of alcohol sales. The motion carried 9to0. ZC-04-302 Council Member Haskin pointed out this case had been continued Continued Until due to improper notice of the adjacent properties. The notice had April 12, 2005 been reissued. She added she understood the applicant now wanted to continue the request in order to meet with property owners to reach a compromise. Bob Riley, Development Department Director, advised that the term on the purchase of the property had expired and the prospective buyer was out of town, therefore, a continuance had been requested. Mr. James Grzann, 2821 Elinor, appeared before Council in opposition of the zoning change. He stated that the notification process was inadequate and he understood that the City Zoning Commission had denied this case around January 2005. He stated he received a letter stating the hearing would be before the Council on February 9, 2005, and he learned that it was approved the day before by Council. He spoke in opposition to the zoning change. Trey Neville Mr. Trey Neville, 6336 Malvey, was recognized by Mayor Moncrief as in support of the zoning change, but stated he would reserve his comments until April 12, 2005. Council Member Haskin provided on explanation of the meetings held by Mr. Neville with adjacent neighborhood associations and the compromise reached on lot sizes and access to the subject area. Council Member Haskin made a motion, seconded. by Council Member Silcox, that the application of Texas National Theaters for a change in zoning of property located at 3715 Northeast 28th Street from "A-5" One-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC- 04-302, be continued until April 12, 2005. The motion carried 9 to 0. ZC-05-008 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of Infinity Trust for a change in zoning of property located at 8651 John T. White Road from "C" Medium Density Multi-Family to "PDISU" Planned Development/ Specific Use for all Uses in "E" Neighborhood Commercial and exclude the sale of alcohol for off-premises consumption and waiver of site plan, Zoning Docket No. ZC-05-008, be approved. The motion carried 9 to 0. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 16 of 26 ZC-05-019 It appeared that the City Council, at its meeting of February 8, .Ord. #16330-03 2005, continued the hearing of Zoning Docket No. ZC-05-019, Text 2005 Amendment concerning M-U Zoning. Mayor Moncrief opened the Text public hearing and asked if there was anyone present desiring to Amendment be heard. Approved City Manager Boswell stated that Paragraph iii on page 10 of the ordinance needed to be amended as follows: °'iii. Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage." Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street #1040, representing Edwards Geren and Walsh Ranch, appeared before Council in support of changes to Mixed Use Zoning Districts. He stated that his clients were concerned with how the mixed use development standards could be accomplished in the "Greenfield" (or.suburb) areas. He stated his clients would pursue going back to their original zoning in their properties until the "Greenfield" issue was resolved. (Mayor Pro tempore McCloud stepped away from the dais.) The following individuals appeared before Council in support of the text amendment:. Phillip Poole Mr. Phillip Poole 2918 Wingate (Mayor Pro tempore McCloud returned to his chair at the dais.) (Council Member Lane stepped away from the.dais.) Reece Pettigrew, Mr. Reece Pettigrew 8256 Summerview Court John Brookby, Mr. John Brookby' 2918 Wingate Don Scott, Mr. Don Scott 3872 Bellaire Drive Jim Johnson, Mr.Jim Johnson 3224 Rogers Avenue Fran McCarthy, Ms. Fran McCarthy 703B West Magnolia Avenue Ray Boothe Mr. Ray Boothe 1223 South Main Libby Willis Ms. Libby Willis, 2300 Primrose Avenue, appeared before.Council and provided a letter to the Council expressing other related concerns that need to be considered by the Council. She pointed out that conceptual land use plans were required but she felt the site plans needed to be a requirement. She also spoke in support of keeping'the significant historical structures. (Council Member Lane returned to his chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 17 of 26 Council Member Davis referenced page 11 of the ordinance and expressed concern with the 66 213 vicinity test. She stated that the test should be able to look at the lack of diversity issues around the zoning district. She requested the committee that is looking into the "Greenfield Development" also consider a vicinity test to not only raise the test of 66 213, but also lower it. There being no one present desiring to heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Haskin, that the Zoning Hearing be closed, and Zoning Docket No. ZC-05-019 be approved. as amended, and the following ordinance be adopted: ORDINANCE NO. 16330-03-2005 ORDINANCE AMENDING THE 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 SECTIONS 4.902 "LOW INTENSITY MIXED-USE ("MU-1") DISTRICTS AND 4.1001 "HIGH INTENSITY MIXED-USE DISTRICTS" OF ARTICLE 9 "COMMERCIAL DISTRICTS" AND ARTICLE 10 "INDUSTRIAL DISTRICTS" OF CHAPTER 4 "DISTRICT REGULATIONS" TO CLARIFY EXISTING STANDARDS AND TO ADD NEW DEVELOPMENT STANDARDS FOR MIXED-USE DISTRICTS; TO AMEND SECTION 5.305 "FENCES" OF ARTICLE 3 ACCESSORY USES" OF CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO PROHIBIT FENCES IN THE AREA BETWEEN BUILDING FACADES AND THE PROPERTY LINE IN MULTI-FAMILY DEVELOPMENTS AND AUTOMOTIVE REPAIR AND BODY SHOPS IN MIXED-USE DISTRICTS; TO AMEND SECTION 6.100 "HEIGHT OF ARTICLE 1 "GENERAL" OF CHAPTER 6 "DEVELOPMENT STANDARDS" TO ADD ENCLOSED STAIRWELLS TO THE LIST OF EXEMPTED USES AND ARCHITECTURAL FEATURES; TO AMEND SECTION 9.101 "DEFINED TERMS" OF CHAPTER 9 "DEFINITIONS" TO ADD A DEFINITION FOR "CAMPUS DEVELOPMENTS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE AND PROVIDING AN EFFECTIVE DATE. The motion carried 9 to 0. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 18 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing on the adoption of amendment to the City Plan Commission Rules and Regulations for block length standards in mixed-use zoning districts. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Mike Brennan, representing the Planning Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. PZ-2574 as follows; PZ-2574 There was presented Mayor and Council Communication No. PZ- Amend City Plan 26574 from the City Manager recommending that the City Council; Commission adopt an amendment to the City Plan Commission's Rules and Rules and Regulations for block length standards in MU-1 and MU-2 mixed- Regulations for use zoning districts, as recommended by the Mixed-Use Zoning Block Length Advisory Group and the City Plan Commission. Standards in Mixed-Use There being no one present desiring to be heard in connection Zoning Districts With the public hearing, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. PZ-2574 be adopted. The motion carried 9 to 0. Council Member Stevenson stated that block length worked well in the Central City where there were traffic signals every 200 feet; however, rural areas of the City, where no traffic signals existed was a different issue. ZC-05-023 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of H. Peter Ku for a change in zoning of property located at 3043 Hamilton Avenue from "B" Two- Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-023,`be approved. The motion carried 9 to 0. SP-05-006 Council Member Stevenson made a motion, seconded by Council Approved.. Member Silcox, that the application of Montclaire Homes, Inc., for a site plan of property located in the 5800 block of Boat Club Road for an Office Park, Site Plan No. SP-05-006, be approved. The motion carried 9 to 0. ZC-05-024. Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of Curtis Green for a change in zoning of property located at 1430, 1500 Terbet Lane and 1501 Milam Street from "PD-25". Planned Development and "B" Two- Family Residential to "A-5"' One-Family Residential, Zoning Docket No. ZC-05-024, be approved. The motion carried 9 to 0. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 19 of 26 ZC-05-025 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Douglas Gilliland for a change in zoning of property located in the northwest corner of Old Decatur Road and Bailey Boswell Road from "PD-544" Planned Development for single-family development with 40 foot lots and 5 foot side yards to "C" Medium Density Multi-Family Residential,. Zoning Docket No. ZC-05-025, be approved. The motion carried 9 to 0. ZC-05-.026 Ms. Mary Lynn Holder, 9037 Tyne Trail, appeared before Council in SP-05-007 support of the zoning change. She requested the following ten Approved provisions be added to the zoning: Mary Holder 1. At least one evergreen, large canopy tree every 30 feet in greenbelt buffer. 2. Earth tone colors on buildings, i.e., rust, brown, green. 3. No pole signs 4. Size of monument signs shall not be larger than 8 feet by 10 feet. 5. Buildings shall have no flat cinderblock. 6. Sidewalks will be set back from street with parkway between sidewalk and street. 7. Planting strip in Phase 11 behind Building L. 8. Shrub plantings shall be at least five gallon. 9. Green spaces will be irrigated. 10. Four items excluded by the City Zoning Commission are liquor or package store, tattoo parlor, pawnshop, and massage parlor. ,Council Member Haskin made a motion, seconded by Council Member Lane, that the application of River Trails Land & Cattle Co., for a change in zoning of property located in the 8900 block of Trinity Boulevard from "D" High Density Multi-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use, for all uses in "E" Neighborhood Commercial; plus mini warehouse with open and covered parking and exclude the following uses: Liquor or Package Store, Tattoo Parlor, Pawn Shop, Massage Parlor and site plan required, Zoning Docket No. ZC-05-026 and Site Plan No. SP-05-007, be approved as amended above. The motion carried 9 to 0. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 8, 2005 PAGE 20 of 26 ZC-05-027 Council Member Stevenson made a motion, seconded by.Council Approved Member Silcox, that the application of Pat Lloyd for a change in zoning of property located at 8801 Wagley Robertson Road from "AG" Agricultural to "A-21" One-Family Residential, Zoning Docket No. ZC-05-027, be approved. The motion carried 9 to 0. (Council Member Davis stepped away from the dais.) ZC-05-028 Council Member Haskin expressed concern with the size of the Approved lots and the number of homes to be built at the subject location. Jim Schell Mr. Jim Schell, Attorney, 901 Fort Worth Club Building, representing the applicant appeared.before Council in support of the zoning change. He stated that this zoning was not new zoning, but a switch of zoning between the two parcels of land. He added that there were 65 acres and the density would not change. He added that the lots were 41 foot lots and single family lots. (Council Member Stevenson stepped away from the dais.) Council Member Haskin requested clarification on the number of lots in this development. Mr. Schell could not present that number. Council Member Haskin pointed out her concern for the small lots on a 66-acre development. Mr. Schell reiterated the zoning change request was just a switch of zoning and the density would not change. A short discussion between Council Member Haskin and Mr. Schell ensued at which time Council Member Lane called for the question, seconded by Council Member Wheaffall. The motion carried 7 to 0. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of L & S Land Co., for a change in zoning of property located at Azle Avenue and Marine Creek Parkway from "PD-451" Planned Development for "A-5" One- Family Residential Uses with a minimum lot size of 4100 square feet & minimum lot width `of 41-feet and "A-5" One-Family Residential to "A-5" One-Family Residential and "PD-451" Planned Development with same uses and waiver of site plan recommended, Zoning Docket No. ZC-05-028, be approved. The motion carried 7 to 0. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 21 of 26 ZC-05-030 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Joe Harvey for a change in zoning of property located at 904 East Dickson from "I" Light Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC- 05-030, be approved. The motion carried 7 to 0. (Council Member Stevenson returned to his chair at the dais.) ZC-05-032 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Darrell Odom for a change in zoning of property located at 3017 East 4th Street from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-032, be approved. The motion carried 8 to 0. Mayor Moncrief stated that he had been advised by staff that Items 15 through 21 on the agenda under "Zoning Hearing - Cases Recommended for Approval", could be approved by one motion as they were all initiated by the City of Fort Worth. ZC-05-035 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 2425 Decatur Avenue from "K" Heavy Industrial to "I" Light Industrial, Zoning Docket No. ZC- 05-035, be approved. The motion carried 8 to.0. ZC-05-037 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 4000 Avenue M from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-037, be approved. The motion carried 8 to 0. ZC-05-038 Council Member Wheatfali made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 1817 Miller Avenue from "F-R" General Commercial Restricted to "A-V One-Family Residential, Zoning Docket No. ZC-05-038, be approved. The motion carried 8 to 0. ZC-05-040 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 1817 Greenfield Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-040, be approved. The motion carried 8 to 0. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 8, 2005 PAGE 22 of 26 ZC-05-041 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 2612 La Salle Street from "E-R" Neighborhood Commercial Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-05-041, be approved. The motion carried 8 to 0. ZC-05-042 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 1621 East Powell Avenue from. "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-042, be approved. The motion carried 8 to 0. ZC-05-043 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application..of City of Fort Worth for a change in zoning of property located at 2667 Thannisch Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-043, be approved. The motion carried 8 to 0. ZC-04-160 Council Member Haskin made `a motion, seconded by Council SP-04-040 Member Picht, that the application of Hieu Nguyen for a change in Denied Without zoning of property located in the 3600 block of Dalford Street and Prejudice 3500 block of East Belknap Street from "A-5" One-Family Residential, "E" Neighborhood Commercial, and "F" General Commercial to "A-10" One-Family Residential and ""PDISU" Planned Development/Specific Use for ""R-1" Zero Lot LinelCluster Residential and` site plan required, Zoning Docket No. ZC-04-160 and Site Plan No. SP-04-040, be denied without prejudice. The motion carried 8 to 0. ZC-05-010 Council Member Picht made a motion, seconded by Mayor Pro Denied Without tempore McCloud, that the application of Hulen Park Venture,LLC., Prejudice for' a change in zoning of property located in the 8400 block of West Cleburne Road from "A-5' 'One-Family Residential and "C" Medium Density Multi-Family Residential` to "R-1" Zero Lot Line/Cluster, Zoning' Docket No ZC-05-010, be denied without prejudice. The motion carried 8 to 0. ZC-05-031 Mr. William Worthley, 5055 Rector Avenue, appeared before SP-05-010 Council in opposition of the zoning change. He stated that his Denied Without neighborhood association met in February 2005 to discuss the Prejudice proposed motel. Members of the neighborhood association William Worthley expressed concern with the traffic congestion, noise, and crime that would increase in the neighborhood and requested the CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 23 of 26 Council support the denial. He added that the proposed motel would be located in an area not conducive to customer awareness of the motel's existence, nor would a sign be viewable from any major arterial street. He submitted . a petition from the neighborhood association to register their opposition of the zoning change. .Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the application of Amino Corp., for a change in zoning of property located at 5100 McCart Street from "E" Neighborhood Commercial to "PD1SU" Planned Development/ Specific Use, for all uses in "F-R" General Commercial Restricted; plus Motel and site plan required, Zoning Docket No. ZC-05-031 and Site Plan No. SP-05-010, be denied without prejudice. The motion carried 8 to 0. ZC-05-033 . Council Member Lane made a motion, seconded by Council SP-05-011 Member Silcox, that the application of BVJV Watauga, LP., for a Denied Without change in zoning of property located in the 1900 block of Western Prejudice Center Boulevard from "E" Neighborhood Commercial to "PDlSU" Planned DevelopmentlSpecific Use, for all uses in "E" Neighborhood Commercial plus Carwash and site plan required, Zoning Docket No. ZC-05-033 and Site Plan No. SP-05-011, be denied without prejudice. The motion carried 8 to 0. ZC-05-034 Mr. Chris Barker, 201 N. Ector Drive, Euless, Texas, appeared Denied Without before Council in support of the denial and presented a letter from Prejudice the Mayor of Euless expressing the City's concerns and the Chris Barker negative impact this zoning change would have on their golf course. Rick Horn Mr. Rick Horn, 6000 Western Place II, Suite 730, representing Pate Engineers, appeared before Council asked that the zoning case be withdrawn without prejudice. He stated that the applicant would submit a revised application for the City Zoning Commission's review and approval. ,lames.Hornsby Mr. James Hornsby, 3537 Creekside Drive, representing the Cathedral of Faith, appeared before Council in opposition to the zoning change. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the application of Alliance Holdings, Inc., for a change in zoning of property located in the 11400 thru 11600 block CITY COUNCIL MEETING FORT WORTH', TEXAS MARCH 8, 20 05 PAGE 24 of 26 of South Pipeline Road from "A-R" One-Family Restricted Residential; and "K" Heavy Industrial to "11-1" Zero Lot Line/ Cluster Residential, Zoning Docket No. ZC-05-034, be denied without prejudice. The motion carried 8 to 0. 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 Wheatfall made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16331-03-2005 AN ORDINANCE AMENDING .THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT NORTH, 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 8 to 0. Citizen Mr. Kevin George, 1216 Harrington Avenue, appeared before Presentations Council relative to a water line replacement on Harrington Avenue. Kevin George He stated that the notification process of this project had been poor throughout this project. He presented pictures showing the construction areas and expressed his disappointment that the City was not putting in the street curbs. He also provided a notice sent to him from the construction company. Assistant City Manager Dale Fisseler stated that it would be appropriate to conduct more in-depth meeting's with the affected neighborhoods'on projects that would impact their community. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 8, 2005 PAGE 25 of 26 Council Member Silcox stated that the meetings should take place long before the start of the projects. He requested that Mr. George meeting with Mr. Fisseler to address his concerns. Winn Schultz Mr. Winn Shultz, 4325 El Campo Avenue, representing the Arlington Heights Neighborhood Association, appeared before Council in support of Mayor and Council Communication No. PZ- 2574 regarding the mixed use zoning districts, approved earlier on the agenda. He also supported the inclusion of site plans with mixed use zoning provisions and the saving of historic buildings. Mary Ann Jones Ms. Mary Ann Jones, 2538 Glencrest Drive, representing Glen Crest Civic League appeared before Cot,661 relative to asbestos removal at the Riverside Village Apartments. She read a letter from T. A. Simms, District 4 Trustee for the Fort Worth Independent School District, reflecting his objection to the use of a "Non-EPA .Approved" method for the asbestos abatement at this location. She provided copies of the letter to the Council. (Council Member Haskin stepped away from the dais.) The following individuals appeared before Council relative to the asbestos removal at the Riverside Village Apartments. They requested a public hearing be conducted to explain the process and provide information on the asbestos removal. Ms. Kathleen Hicks 900 Saint Louis Carl Pointer 2532 Timberline Drive Mayor Pro tempore McCloud responded to the concerns expressed by the previous speakers. He supported the need for a public meeting to explain the process. He advised of the difference between this project and the project referenced on Lancaster Boulevard. He pointed out the hazard of their project in that the building structure is on the verge of collapse. Mr. Brian Boerner, Environmental Management Department Director, stated that there were two different methods for asbestos removal. He added that the experimental, or Fort Worth method, was not being recommended as it has not been approved by the Environmental Protection Agency (EAP). The method that had been previously used by the City and approved by the EPA was a process that allowed the wetting of the structure, disassembling the structure, and hauling it off. He added he would be glad to provide further information on the process being used. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH S, 2005 PAGE 26 of 26 Council Member Wheatfall explained the learning process that he had recently gone through regarding the Cowtown Inn demolition. He stated that it would be appropriate to conduct a public meeting on this issue to address the concerns of the residents in this area. Adjournment There being no further business, the meeting was adjourned at 9:42 p.m. These minutes approved by the Fort Worth City Council on the 24th day of March, 2005. Attest: Approved: Marty He Brix Michael A.Aoncri City Secretary Mayor