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HomeMy WebLinkAbout2005/03/24-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 Date & Time On the 24ti' day of March, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 90.18 a.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„ City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty 'Hendrix. Council Members John Stevenson and Wendy Davis were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Sylvester Key, McMillen United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Mayor Pro tempore McCloud, the minutes of the regular meeting of March 8, 2005,were approved unanimously. Special Council Member Silcox announced that the Pooch & Pal Presentations Promenade would be held Saturday, March 26, 2005 at the Animal Care & Control Center, and presented a proclamation for Pooch & Pals Promenade to Wyndie Turpen, Pooch & Pals Promenade Committee Chair. She introduced the other members of Cowtown Loves Animal Shelter Pets (CLASP), as follows. Beverly Sims, Acting President Liz Fragoso, Treasurer Debra. Krebs, Secretary Judy Jackson, Past President Julia Lilly, Promotions & Publicity Committee Chair Announcements Council Member Picht expressed concern relative to Reggio Emilia, Fort Worth's Sister City in Italy getting involved and sending a resolution for the support of opposition of the death penalty in the State of Texas. He stated that he did not think that this was appropriate for a Sister City relationship. Mayor Moncrief advised Council that he had spoke with the Mayor of Reggio and expressed his feeling that this was not appropriate for their involvement and stated that it was a State Legislative issue and that it rested with the Legislators and not with the City Council. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 2 of 28 Council Member Lane stated that the City has dealt with similar issues before with Sister Cities and that the City handled it properly then and he feels certain that this would be handled likewise. He stated that the Sister City trip to Mbabane, Swaziland was successful, and that Mbabane was a great City. He further stated that the photos from the trip would be placed on the Sister City website. He encouraged all interested to get involved with Sister Cities. Council Member Wheatfall stated that at the meeting next Tuesday, there would be a complete slide show presentation reflecting the experience the visiting delegates from Fort Worth had in Mbabane, which was a life changing experience for him. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. G-14790, G-94711 and C-20610 be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By . Communication Nos. C-20690 and G-94716 be withdrawn; PZ-2575 Staff and PZ-2576 be continued until March 29, 2005; and that all of the Omni Hotel Mayor and Council Communications be continued until March 29, 2005. Consent Agenda On motion of Council Member Wheatfall, seconded by Council Member Silcox, the consent agenda was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. Appointment to There was presented a resolution appointing a member on the DFW Dallas-Fort Worth International Airport Board. Mayor Moncrief International stated that this item would be continued until March 29, 2005. Airport Board Continued to March 29, 2005 Ord.#96332-03- There was presented Ordinance No. 16332-03-2005 declaring 2005 elected to office the unopposed.candidates for the Office of Mayor Declare Elected to and for the Office of City Council Member for City Council District Office Unopposed Nos. 3, 5 and 9; providing that the elections ordered for May 7, Candidates for 2005 for said offices shall not be held; providing for the posting of Office of Mayor and = = p g p g for office of City copies of this.ordinance; providing for the Issuance of Certificates Council Member:for of Election; and providing for an effective date. Mayor Pro tempore City Council McCloud made a motion, seconded by Council Member Silcox, that District Nos. 3, 5 the ordinance be adopted. The motion carried unanimously. and 9; Provide Elections Ordered for May 7, 2005 CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 3 of 28 Res. #3176-03- There was presented Resolution No. 3176-03-2005 granting 2005 conditional consent to creation of a Municipal Utility District Grant proposed to be named City of Fort Worth Municipal Utility District Conditional No. 1 of Denton County, Texas. Council Member Lane made a Consent to motion, seconded by Council Member Silcox, that the resolution be Create Municipal adopted. The motion carried unanimously. Utility District Proposed to be Named City of Fort Worth Municipal Utility District#1 of Denton.County Res. #3177-03- There was presented Resolution No. 3177-03-2005 for support of 2006 Low Income Housing Tax Credit Application. Council Member Support Low Silcox made a motion, seconded by Mayor Pro tempore McCloud, Income Housing that the resolution be adopted. Tax Credit Application Council Member Haskin clarified that this Tax Credit was for a particular project located in District 3 and the following resolution was for a project in District 8. She stated that this was not for overall in the City. She explained policy as the neighborhoods were concerned and e-mailing her, and that she just wanted to make them aware of the correct information. Res. #3178-03- There was presented Resolution No. 3178-03-2005 requesting a 2005 waiver from the One Mile Rule for Low Income Housing Tax Credit Waiver from One Application. Mile Rule for Low Income In response to Council Member Wheatfall, Mr. Jerome Walker, Housing Tax Director of Housing, appeared and stated that the Texas Credit Department of Housing & Community Affairs would not. deem Application eligible any tax credit applications that were submitted in a neighborhood, which has an existing tax credit application or project that was funded within a three-year period unless the jurisdiction requested a waiver of that requirement. He stated that the resolution was requesting the waiver of the three-year period and the one mile rule so that the project could be evaluated on its own merits. He further stated that it was located at 300 E. Terrell and that it was a Senior Housing Development with 168 units and that it was site specific to the address. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 4 of 28 Council Member Picht questioned why certain distance of provisions seemed to be enforced in this situation and not in others, i.e., group names and sex offenders from schools. City Attorney Yett advised that there was a separate statute dealing with tax credits and that it had different provisions for waivers and enforcement and stated that it was just the difference in statutes. Mayor Pro tempore McCloud made a motion, seconder! by Council Member Silcox, that the resolution be adopted. The motion carried by a vote of 6 to 1, with Council Member Picht voting in opposition. Committee There were no .presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1471 There was presented Mayor and Council Communication No. OCS- Claims 1471 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. OCS-1472 There was presented Mayor and Council Communication No. OCS- Res. #3179-03- 1472 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 3179-03-2005 setting the regular Setting Regular zoning hearing for April 12, 2005. Council Member Wheatfall made Zoning Hearing a motion, seconded by Council:Member Haskin, that.the resolution be adopted. The motion carried unanimously. G-14710 There was presented Mayor and Council Communication No. G- Amend Single- 14710 from the City Manager recommending that the City Council Member District approve the single-member district plan to reflect a boundary Plan to Reflect adjustment with the City of Westworth Village. Boundary Adjustments City Manager Boswell stated that the first sentence under discussion needed to be amended to change the date from May 5, 2005 to May 7, 2005. Council Member Haskin made a motion seconded by Mayor Pro tempore McCloud that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 6 of 28 G-14711 There was presented Mayor and Council Communication No. G- Temporary 14711 from the City Manager recommending that the City Council Street Closure approve the request of Innovation Event Management, LP, to Request for temporarily close the following streets for the Gran Fiesta de Fort Gran Fiesta de Worth Festival beginning Thursday, July 14, 2005 until Sunday, Fort Worth July 17, 2005: Festival for 2005 Thursday, July 14, 7:00 a.m. through Monday, July 18 1:00 a.m.: • Main Street from 3rd Street to 9th Street; and • 9th Street from Houston Street to Commerce Street, Friday, July 15 6:00 p.m. through Monday, July 18 1:00 a.m.: • .3rd through 9th Streets from Houston Street to Commerce Street (cross streets will re-open at Midnight) (Access to Hotels will be maintained. Festival will accommodate Ashton Hotel & Del Frisco's valet parking services). Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox that the recommendation be adopted. The motion carried 7 to 0. G-147.12 There was presented Mayor and Council Communication No. G- Temporary 14712 from the City Manager recommending that the City Council Street Closure approve the request of Downtown Fort Worth, Inc., to temporarily Request for Main close the following streets for the Main Street Fort Worth Arts Street Fort Festival for the year 2005, for the second week in April: Worth Arts Festival for 2005 Monday, Aril 4 12:01 a.m, through the following Monday, Aril 11 6:00 a.m. • Main Street from 2nd Street to 9th Street; and • 9th Street from Houston Street to Commerce Street, Tuesday, April 6, 12:01 a.m. through Monday, April 11, 6:00 a.m.: • 8th Street from Houston Street to Commerce Street (Access to Radisson Hotel will be maintained. Festival will accommodate Del Frisco's valet parking service). Wednesday, April 6, 12:01 a.m. through Monday, April 11, 6:00 a.m. • Main Street from 2nd Street to Weatherford Street; CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24,2005 PAGE 6 of 28 ® 1st Street from Houston Street to Commerce Street (Access to Hotel Parking Garage will be maintained); ® 2nd Street from Houston Street to Commerce Street (Access to Hotel and Restaurants will be maintained); • 3rd Street from Houston Street to Commerce Street (Access to Haltom's Jewelry loading zone will be provided by barricade pass); • Weatherford Street (southside) from Main Street to Commerce Street (Close parking lane and bagging of parking meters); ® Houston Street (eastside) from 2nd to 4th Streets and from 6th and 7th Streets (Close parking lane and bagging of parking meters) and • Commerce Street (westside) from Weatherford Street to 9th Street (Close parking lane and bagging of parking meters). Wednesday, Aril 6, 12:01 a.m.: • 4th Street from Houston Street to Commerce Street (Two north lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); and 5th Street from Houston Street to Commerce Street (Two center lanes will be open all day). Thursday, April 7, 12:01 a.m. through Friday, April 11, 12:01 a.m.: • 4th Street from Houston Street to Commerce Street (Two north lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); • Sth Street from Houston Street to Commerce Street (Two center lanes will be open evening peak hour 4:00 p.m. to 6:00 p.m,); • 6th Street from Houston Street to Commerce Street (Two center lanes open all day); and • 7th Street from Houston Street to Commerce Street (Two center lanes open all day). FridaV, Aril 8, 12:01 a.m. through Monday, Aril 11,6:00 a.m.: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 7 of 28 4th Street from Houston Street to Commerce Street (Two north lanes will be open during morning peak hour 6:00 a.m. to 9.00 a.m.); • 5th Street from Houston Street to Commerce Street (Two center lanes will be open evening peak hour 4:00 p.m. to 6:00 P.M.); • 6th Street from Houston Street to Commerce Street (Two center lanes open, closed at 6:00 p.m.); and 7th Street from Houston Street to Commerce Street (Two center lanes open, closed at 6:00 p.m.). It was the consensus of the City Council that the recommendation be adopted. G-1471.3 There was presented Mayor and Council Communication No. G- Temporary 14713 from the City Manager recommending that the City Council Closure of West authorize the temporary closure of West Cleburne Road from Cleburne Road A.rborwood Trail to Meadowknoll Drive and North Crowley-Cleburne (DOE 3981) Road from Troy Lane to West Cleburne Road from March 24, 2005 until July 25, 2005. Council Member Picht requested that the Crowley Independent School District, as well as the residence within a certain distance from the project be notified. He made a motion seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. G-14714 There was presented Mayor and Council Communication No. G- Ord. #16333-03- 14714 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16333-03-2005 adopting. a per acre charge for Sewer Per Acre the 1,935 acres served by approach sewer main M-740* from Charge for M- station 45+00 to station 116+14 and boundary map to: 740* Sewer Main 1. Establish $393.67 as the sewer per acre charge for sanitary sewer Main M-740*; and 2. Establish the basin boundaries for these per acre charges for the last date of assessment to be ten years from the approval date of this ordinance, with reimbursement to D.R. Horton — Texas, L.T.D., and for an unlimited time to the City of Fort Worth for per acre charges collected. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 8 of 28 G-14715 There was presented Mayor and Council Communication No. G- Tree Removal 14715 from the City Manager recommending that the City Council Application approve the tree preservation and reforestation plan for the Parks Appeal for Parks on Randol Mill Development. Council Member Haskin made a on Randol Mill motion, seconded by Mayor Pro tempore McCloud that Mayor and Continued until Council Communication No. G-14715 be continued until April 5, April 5, 2005 2005, at the owners request. The motion carried unanimously. G-14716 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14716 Adopt Resolution Expanding the Economic Development Program Authorized by Chapter 380 of the Texas Local Government Code be withdrawn. G-14717 There was presented Mayor and Council Communication No. G- Submit CCPD an 14717 from the City Manager recommending that the City Council Amendment to authorize the City Manager to submit to the Crime Control and FY2005 Crime Prevention District (CCPD) Board of Directors an amendment of the Control and FY-2005 CCPD Budget to reprogram existing funds for election Prevention costs. Council Member Silcox made a motion, seconded by Mayor District Budget- Pro tempore McCloud, that the recommendation be adopted; The Election Costs motion carried unanimously: G-14718 There was presented Mayor and Council Communication No. G- Submit CCPD an 1471.8 from the City Manager recommending that the City Council Amendment to authorize the City Manager to submit to the Crime Control and FY2005 CCPD - Prevention District (CCPD) Board of Directors an amendment of the Graffiti FY-2005 CCPD budget to reprogram $104,000.00 of existing funds Abatement for contract graffiti abatement. Council Member Silcox made a motion, . seconded by Council Member Wheatfall, that the recommendation be adopted. The motion..carried unanimously; G-14718 There was presented Mayor and Council Communication No G- Automaticl 14719 from the City Manager recommending that the City Council Mutual Aid authorize the City Manager to enter into a Mutual/Automatic Aid Agreements and Agreement and Memorandum of Understanding for fire protection Memorandum of with the Naval Air Station Joint Reserve Base Fort Worth (NAS Understanding JRB) Fire Department. Council Member Silcox made a motion, between City.of seconded by Council Member Haskin, that the recommendation be Fort Worth and adopted. The motion carried unanimously. NAS JRB CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 9 of 28 G-14720 There was presented Mayor and Council Communication No. G- Ord. #16334-03- 14720 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16334-03-2005 increasing estimated receipts Water and Sewer and appropriations in the Water and Sewer Capital Projects Fund in Revenue bonds, the amount of $50,000,000.00 from available funds for the purpose Series 2005 of funding water and sewer infrastructure. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on designating Tax Abatement Reinvestment Zone Number Fifty-Two, City of Fort Worth, Texas (Omni Fort Worth Hotel). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mrs. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14721 as follows. G-14721 There was presented Mayor and Council Communication No. G- Designate Tax 14721 from the City Manager recommending that the City Council Abatement conduct a public hearing concerning the designation of Tax Reinvestment Abatement Reinvestment Zone Number Fifty-Two, City of Fort Zone Number Worth, Texas; and adopt an a ordinance designating a certain area Fifty-Two (Omni in the City of Fort Worth as "Tax Abatement Reinvestment Zone Fort Worth Number Fifty-Two, City of Fort Worth, Texas". Hotel) Continued until March 29, Council Member Haskin clarified that this item would be continued 2005 until next week's Council meeting. She requested the staff make the same presentation that was made during the Pre-Council meeting next week in layman terms so that the listening audience would understand that this would not impact the General Fund, nor is there any risk to the City. She added this is an opportunity for a $59 million investment in this particular project. There being no one present desiring to be heard in connection with the public hearing, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing and Mayor and Council Communication Now G-14721 be continued until.March 29, 2005. The motion carried unanimously. Council Member Silcox advised the Council that he had to leave for a meeting in Arlington and stated that he had two zoning cases on the agenda that he had requested that Mayor Pro tempore McCloud move for approval in his absence. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 2005 PAGE 10 of 28 Mayor Moncrief requested that Zoning Docket No. ZC-05-050 and ZC-05-051 be moved forward on the agenda and heard at this time. ZC-05-050 Mr. Scott Walker, 4200 S. Hulen, Suite 614, appeared and requested Approved that the words "allowed to be" be inserted after the phrase"20% of Scott Walker the Block Length Council Member Haskin requested clarification on the specifics of the project. Mr. Walker indicated there were no specific plans at this time; however, once the zoning has been approved, they will proceed with final plans. Council Member Haskin expressed concerns for the MU-2 zoning and that it did not become a "single development" of multi family. She pointed out that with out a site plan how can the City know what will occur on this property. Mr. Walker expressed his assurance that this would not occur and that they would be looking to the standards set for the "Greenfield" developments. Council Member Haskin reiterated her concerns and pointed out some examples of what could occur that would not be quality "mixed-use" developments. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the application of Edwards Geren Limited for a change in zoning of property located.west of 5400 thru. 590.0 block of South Hulen and North of. 6400 thru 7000 block of Oakmont Blvd., from "MU-2" High Intensity Mixed Use to "PDISU" Planned Development/Specific Use for all uses in the MU-2 District Subject to the Development :Standards of the MU-2. District as Outlined in the September 30, 2003 Comprehensive Zoning Ordinance, with a Minimum 20 Foot Front Yard Setback and Minimum Block Length of 500 Feet, Maximum Block Length of 1500 Feet, with 20 percent of the Block Length allowed to be between 200-feet and 500-feet and waiver of site plan recommended, Zoning Docket No. ZC-65-050, be approved, as amended. The motion carried 7 to 0. ZC-05-051 Council Member Silcox made a °motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Edwards Geren Limited for a change in zoning of property located east of 4000 thru 4100 block of Bryant Irvin Road and South of Union Pacific Railroad from "MU- 2" High Intensity Mixed Use To "PDISU" Planned Development/ Specific Use for All Uses in the MU-2 District subject to the Development Standards of the MU-2' District as Outlined in the September 30, 2003 Comprehensive Zoning Ordinance, with a CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 11 of 28 Minimum 20 Foot Front Yard Setback and Minimum Block Length of 500 Feet, Maximum Block Length of 1500 Feet, with 20 percent of the Block Length allowed to be between 200-feet and 500-feet and waiver of site plan recommended, Zoning Docket No. ZC-05-051, be approved, as amended. The motion carried 7 to 0. (Council Member Silcox excused himself from the dais and left the meeting.) Mayor Moncrief returned back to the next item on the agenda. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the amended Project and Financing Plan for Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mrs. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14722 as follows: G-14722 There was presented Mayor and Council Communication No. G- Amending 14722 from the City Manager recommending that the City Council Project and hold a public hearing concerning an amendment to the Lancaster Financing Plan Corridor TIF Project and Financing Plan, to afford an opportunity for Tax for interested persons to speak for or against the recommended Increment approval of the Plan amendment and the TIF's designation as well Reinvestment as for property owners to protest inclusion of their property in the Zone Number TIF; and adopt an a ordinance approving an amended project and Eight Continued financing plan for Tax Increment Reinvestment Zone Number Eight, until March 29, City of Fort Worth, Texas (Lancaster Corridor TIF). 2005 There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing and Mayor and Council Communication No. G-14722 be continued until March 29, 2005. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve execution of the 2005-2010 Consolidated Plan Grant Application (CDBG, ESG, HOME, ADDI and HOPWA GRANTS) for submission to the U.S.. Department of Housing and Urban Development; authorize the use of funds from the CDBG and HOME Interest Earned and Revolving Loan Funds; and adopt the CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 12 of 28 appropriation ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr Galen Price, representing the Budget Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14723 as follows; G-14723 There was presented Mayor and Council Communication No. G- Execute 2005- 14723 from the City Manager recommending that the City Council 2090 approve the City's Consolidated Plan Grant Application (CDBG, Consolidated ESG, HOME, ADDI and HOPWA Grants) for submission to the U.S. Plan Grant Department of Housing and Urban Development; authorize the use Application for of $676,000.00' in estimated program' income from the CDBG and Submission to HOME interest`earned and Revolving Loan Funds; and adopt an U.S: Department appropriation' ordinance increasing estimated receipts and of Housing and appropriations in the Grants Fund in the amount of $92,395,595.00, Urban subject to receipt of the consolidate plan grant from the U.S. Development Department of Housing and Urban`Development, for the purpose of Continued until funding the City's Consolidated Plan; and apply indirect cost rates, April 5, 2005 as applicable, for the 'grant fund in accordance with the City's Administrative Regulation. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the public hearing and Mayor and Council Communication No. G-14723 be continued`until April 5, 2005. The motion carried unanimously. P-10106 ' There was presented Mayor and Council ;Communication No. P- Offsite Magnetic 10906 from the City Manager recommending that the City Council Tape Storage authorize a purchase agreement for offsite magnetic tape storage with Iron Mountain Offsite Data Protection (Iron Mountain Records Management) for the IT Solutions Department; and authorize this agreement to begirt April 1`, 2005 and expire March 31, 2006, with options to renew for three additional one-year periods. It was the .consensus of the City Council that the recommendation be adopted. P-9090.7 There was presented Mayor and Council Communication No. P- Small. Engine.. . 10107 from the City Manager recommending that the City Council Repair and Parts ; authorize purchase agreements for small engine repair and parts with multiple vendors for the City of Fort Worth. Payment is due 30 days from date the invoice is received; authorize the award for small engine repair and parts to.Classic Parts & Service; award for CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 13 of 28 Chainsaws, Trimmers and parts to Lelons A.C.E.S.; award trash pumps and parts to Davis Sales & Service; authorize this agreement to begin March 29, 2005 and expire on March 28, 2006, with options to renew for four additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "the Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-10108 There was presented Mayor and Council Communication No. P- Agricultural 10108 from the City Manager recommending that the City Council: Fertilizers 1.. . Authorize purchase agreements, for agricultural fertilizers with multiple vendors for the Parks and Community Services Department based on the low bid by line item meeting specifications as follows, with payments due 30 days from date of invoice; Vendors tine items Est. Expenditures a. Justin Seed 1 and 4 $ 3,270.00 b. Helena Chemical Company 2 and 3 $62,764.00 c. Mann Farm and Ranch 5 and 6 $24,066.00 2. . Authorize these agreements to begin on March 24, 2005 and.expire March 23, 2006; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Sections 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-10109 There was presented Mayor and Council Communication No. P- New Vehicles 10109 from the City Manager recommending that the City Council authorize the purchase of new vehicles from multiple vendors for the.City of Fort Worth, from the following low bid vendors meeting specifications (see description table below). The total cost for this purchase is not to exceed $562,117.24 and payment is due 30 days from date the invoice is received. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 (- PAGE 14 of 28 Item,Quality&Description Option/ Manual Unit Truck Unit Extended Price Price Total A.Baby Jack Ford Service CD at$400.00. $36,684.00 $ 73,768.00 1.2 ea 9.0 GVWR Animal Control Truck B.Gunn Chevrolet . 1.2 ea 9.0 GVWR Service Truck Service CD at$100.00 $24,373.00 $ 48,846.00 2. 3 ea 9.2 GVWR 4x4 Service Service CD at$100.00 $31,970.00 $ 95,910.00 Truck 3. 1 ea 11.0 GVWR Waste Dump $30,302.00 $ 30,302.00 Truck 4.4 ea 11.0 GVWR Service Truck Light Bars at$5,165.00 $27,594.00 $115,541.00 C.Westway Ford 1.3 ea 16.0 GVWR Service Truck . Service CD at$330.00 $34,393.00 $103,509.00 2. 1 ea 16.0 GVWR Dump Truck Service CD at$330.00 $29,775.00 $ 30,105.00 D. Caldwell County Ford/ TASB Contract 1. 4 ea 112 Ton Ford Pickup 116,009.06 64 036.24 Truck Total $562,117.24 Note: CD is service manual on Computer Disc. It was the consensus of the.City Council that the recommendation be adopted, P-10110 There was presented Mayor and Council Communication No. P- Commercial 10110 from the City Manager recommending that the City Council Recorder and authorize a purchase agreement for publication of official notices, Fort Worth Star- weekday `display ads, weekday personnel ads and discretionary Telegram advertisements as deemed necessary with the Commercial Recorder; and name the Commercial Recorder as the City's official newspaper; authorize a purchase agreement with the Fort Worth Star-Telegram for publications of weekend official notices, weekend display ads; weekend `personnel ads and sex offender notices; and authorize this agreement to begin March 29, 2005 and expire March 28, 2006. It was the consensus of the City Council that the recommendation be adopted. P-10111 There was presented Mayor and Council. Communication No. P- CityTimes`' 10111 from the City Manager recommending that the City Council authorize 'a purchase agreement for printing of the City Times with A. C. Printing for the' City Manager's Office, Public Information Office; and authorize this agreement to begin March 24, 2005 and expire March 23, 2006, with options to renew for two additional CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 15 of 28 one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10912 There was presented Mayor and Council Communication No. P- Remote Radio 10112 from the City Manager recommending that the City Council and Computer authorize a one-time, sole source purchase from Interspec, LLC, Controlled for remote radio and computer controlled lighting and irrigation Lighting and components for the Parks and Community Services Department for Irrigation an amount not to exceed $134,000.00. Council Member Wheatfall Components made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. P-10113 There was presented Mayor and Council Communication No. P- AR-15 Carbine 10113 from the City Manager recommending that the City Council Rifles authorize a sole source purchase agreement for AR-16 carbine rifles with Rock River Arms, Incorporated, for the Police Department at unit prices that include freight cost, with payment clue 30 days after receipt of invoice; and authorize the agreement to begin March 24, 2005 and expire March 23, 2006, with options to renew for two additional one-year periods. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-14045 There was presented Mayor and Council Communication No. L- Permanent 14045 from the City Manager recommending that the City Council Drainage approve the acceptance of six permanent drainage easements and Easements and six permanent sanitary sewer line easements described as lots Permanent 10R, 12R, 1.3, 13A, 14R, 16R, and blocks 13 block 18, Berkeley Sanitary Sewer Addition, Tarrant County, Texas from Robert K. Harman, Jiffey Line Easements Services, Inc., John Phillip Hanson, Craig V. & Carolyn Baird, James Michael Roach, and John Robert McCoy located south of the Central Business District from various property owners for a sanitary sewer and drainage rehabilitation project (DOE 3664), needed for the construction, reconstruction, operation and maintenance of a sanitary sewer line and drainage facilities for properties located east of Forest Park Boulevard and near 81h Avenue, for a total cost of $12.00. It was the consensus of the City Council that the recommendation be adopted. L-14046 There was presented Mayor and Council Communication No. L- Permanent 14046 from the City Manager recommending that the City Council Drainage approve the acceptance of a permanent drainage easement Easement described as A 343, J. Conwell Survey, Tarrant County, Texas from Gehan Homes Ltd., for the Stone Creek Ranch Phase 11 Project (DOE CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 2005 PAGE 16 of 28 4588), needed to construct, maintain, replace and repair drainage facilities for properties located east of Boat Club Road and south Cromwell Marine Creek for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14047 There was presented Mayor and Council Communication No. L- Permanent 14047 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements and easements and two temporary construction easements described Temporary as portion of the A. Rhodes Survey, Abstract No. 1319, Tarrant Construction County, Texas from John W. Paschal, Roger Dale Paschal and Easements Chisom Management, Inc., for property located west of 1-36W and north of Highland Terrace in south Fort Worth (DOE 4506), for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14048 There was presented Mayor and Council Communication No. L- Acquisition 14048 from the City Manager recommending that the City Council Right-of-Way authorize the acquisition of a 5,900 square foot right-of-way parcel Parcel from Ron described as portion of the Sarah G. Jennings Survey, Abstract Investments, 844, Tarrant County; Texas from Ron Investments, Ltd., for Ltd., for Property property located south of Lancaster Avenue in a direct extension Located South of Lamar Street South of the Central Business District (DOE 4007), of Lancaster for $109,150.00 plus closing costs. It was the consensus of the Avenue (DOE City Council that the recommendation be adopted. 4007) L-14049 There was presented Mayor and Council Communication No. L- Accept Donation 14049 from the City Manager recommending that the City Council from accept the donation of reversionary interests owned by heirs of Reversionary Sarah Jennings for property located at the intersection of Ninth Interests Owned and Throckmorton Streets. Mayor Pro tempore McCloud made a by Heirs of motion, seconded by Council Member Wheatfall, that the Sarah Jennings recommendation be adopted. The motion carried unanimously. for Property Located at Ninth and Throckmorton Streets CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 17 of 28 PZ-2575 There was presented Mayor and Council Communication No. PZ- Proposed 2676 from the City Manager recommending that the City Council Voluntary approve the annexation timetable for proposed voluntary Annexation of annexation of approximately 213.34 acres of land in Denton Approximately County, located approximately one mile west of F.M. 156 on the 213.34 Acres north side of State Highway 114 (AX-05-007 River's Edge), in order Located West of to annex the subject property for full purposes in compliance with F.M. 156 on the requirements of Chapter 43 of the Local Government Code of North Side of the State of Texas; and direct City staff to prepare a service plan State Highway that provides for the extension of full municipal services to the 114 (AX-06-001 annexation area. Council Member Haskin made a motion, River's Edge) seconded by Mayor Pro tempore McCloud, that be continued until Continued until March 29, 2005. The motion carried unanimously. March 29, 2005 PZ-2676 There was presented Mayor and Council Communication No. PZ- Proposed City 2576 from the City Manager recommending that the City Council Initiated approve the annexation timetable for proposed city initiated Annexation of annexation of approximately 6.9 acres of land, or .010 square miles Approximately (more or less) located west of FM 156, being a portion of State 6.9 Acres Highway 114, Denton County (AX-05-004 State Highway 114), in Located West of order to annex the subject property for full purposes in compliance FM 156, Portion with the requirements of Chapter 43 of the Local Government Code of State Highway of the State of Texas; and direct staff to prepare a service plan that 114, Denton provides for the extension of full municipal services to the County (AX-05- annexation area. Council Member Lane made a motion, seconded 004 State by Council Member Wheatfall, that the recommendation be Highway 114) continued until March 29, 2005. The motion carried unanimously. Continued until March 29, 2005 PZ-2577 There was presented Mayor and Council Communication No. PZ- Proposed 2577 from the City Manager recommending that the City Council Voluntary approve the annexation timetable for proposed voluntary Annexation of annexation of approximately 1.9 acres of land, or .003 square miles Approximately (more or less) located south of Golden Triangle Boulevard and 1.9 Acres west of Alta Vista Road Golden Triangle Addition (AX-05-005) in Located S. of order to annex the subject property for full purposes in compliance Golden Triangle with the requirements of Chapter 43 of the Local Government Code Boulevard and of the State of Texas; and direct City staff to prepare a service plan West of Alta that provides for the extension of full municipal services to the Vista Rd. Golden annexation area. Council Member Wheatfall made a motion, Triangle Addition seconded by Council Member Haskin, that the recommendation be (AX-06-005) adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 2005 PAGE 18 of 28 C-20601 There was presented,Mayor and Council Communication No. C_ Burlington 20601 from the City Manager recommending that the City Council Northern Santa authorize the City Manager to execute a public right-of-way use Fe Railway agreement with Burlington Northern Santa Fe Railway (BNSF) that grants BNSF a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a private fiber optics communications system. It was the consensus of the City Council that the recommendation be adopted. C-20602 There was presented Mayor and Council Communication No. C-20602 Big Dave's from the City Manager recommending that the City Council authorize Service Center the cancellation and rebid of road service tire repair with Big Dave's Service Center for the Equipment Services Department. It was the consensus of the City Council that the recommendation be adopted. C-20603 There was presented Mayor and Council Communication No. C- Change Order 20603 from the City Manager recommending that the City Council No. 2 with authorize the City Manager to execute. Change Order No. 2 with Cleburne Utility Cleburne Utility Company, Inc., for the Water and Sanitary Sewer Company, Inc. Replacements in Camp Bowie Boulevard from 1-30 to Eldridge Street in the amount of $47,723.00, thereby increasing the contract amount to $584,188.50. It was the consensus of the City Council that the recommendation be adopted. C-20604 There was presented Mayor and Council Communication No. C- Ord. #16335-03- 20604 from the City Manager recommending that the City Council 2005 . authorize the transfer of $1,232,068.00 from the Water & Sewer Cleburne Utility Operating Fund to the Sewer Capital Project Fund; adopt Construction, Appropriation Ordinance No. 16335-03-2005 increasing estimated Inc. receipts and appropriations in the Sewer Capital Project Fund in the amount of $9,232,068.00 from available funds for the purpose of funding a contract with Cleburne Utility Construction, Inc:, for Sanitary Sewer Rehabilitation Contract LXVII (67); and authorize the City Manager to execute a contract with Cleburne Utility Construction, Inc., in the amount of$1,119,468.00 for Sanitary Sewer Rehabilitation Contract LXVII (67), Part 11. It was the consensus of the City.Council that the recommendation be adopted. C-20605 There was presented Mayor and Council Communication No. C- Ord. #16336-03 20605 from the City Manager recommending that the City Council 2005 authorize the transfer of $2,049,662.00 from the Water and: Sewer S. J. Louis Operating Fund to the Sewer Capital Project Fund; adopt Construction of Appropriation. Ordinance No. 16336-03-2005 increasing 'estimated Texas Ltd. receipts and appropriations in the Sewer Capital Project Fund in CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 19 of 28 the amount of $2,049,662.00 from available funds for the purpose of funding a contact with S.J. Louis Construction of Texas, Ltd., for construction of Sanitary Sewer Main M272-13-Realignment Phase 11; and authorize the City Manager to execute a contract with S.J. Louis Construction of Texas Ltd., in the amount of $1,822,760.49 for construction of Sanitary Sewer Main M272-B — Realignment Phase I1. It was the consensus of the City Council that the recommendation be adopted. C-20606 There was presented Mayor and Council Communication No. C- Ord. #16337.03- 20606 from the City Manager recommending that the City Council 2005 authorize the transfer of $2,287,657.00 from the Water and Sewer Tri-Tech Operating Fund to the Water Capital Project Fund; adopt the Construction, Appropriation Ordinance No. 16337-03-2005 increasing estimated Inc. receipts and appropriations in the Water Capital Project Fund in the amount of $2,287,657.00 from available funds for the purpose of funding a contract with Tri-Tech Construction, Inc., for Water Main Replacement Contract 2003, STM-E; and authorize the City Manager to execute a contract with Tri-Tech Construction, Inc., in the amount of $2,078,657.00 for Water Main Replacement Contract 2003, STM-E. It was the consensus of the City Council that the recommendation be adopted. C-20607 There was presented Mayor and Council Communication No. C- Ord. #16338-03- 20607.from the City Manager recommending that the City Council 2005 apply for and accept, if awarded, the FY 2005 Byrne Justice Tarrant County, Assistance Grant in the amount of $778,785.00, for the period Arlington, Hurst. October 1, 2004 through September 30, 2008; approve an Inter- and North Local Agreement to have the City of Fort Worth to serve as the Richland.Hills. cognizant fiscal agency on this grant for Tarrant County, Arlington, Haltom City, Hurst and North Richland Hills; authorize the use of anticipated interest in the amount of $25,000.00; and adopt Appropriation Ordinance No. 16338-03-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of .$803,785.00, subject to receipt of the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, for the purpose of funding various programs of the Fort Worth Police Department. It was the consensus of the City Council that the recommendation be adopted. C-20608 There was presented Mayor and Council Communication No. C- Mental Health 20608 from the City Manager recommending that the City Council Mental authorize a contract with Mental Health Mental Retardation of Retardation of Tarrant County to provide in-home, evidence based skills training Tarrant County for emotionally disturbed children and their families for the amount CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24,2005 PAGE 20 of 28 of $210,000.00 to begin April 1, 2005 and expire September 29, 2006. A portion of the funding of this contract, September 30, 2005 through September 29, 2006, will be contingent on the city's receipt of funding from the FY2006 grant from the U. S. Department of Health and Human. Services. It was the .consensus of the City Council that the recommendation be adopted. C-20609 There was presented Mayor and Council Communication No. C- Industrial 20609 from the City Manager recommending that the City Council Hygiene and enter into an annual agreement with Industrial Hygiene and Safety Safety Technology, Inc., for industrial hygiene services for an amount not to Technology, Inc. exceed $100,000.00 per year for the period April 1, 2005 to March 31, 2006, with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. C-20610 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20610, Approve Initial Design Fee under On- Call Engineering Services Contract with DMJM Aviation for Preparation of a Preliminary Engineering Report and to Design the Rehabilitation of a Taxiway at Fort Worth Alliance Airport be withdrawn. C-20611 There was presented Mayor and Council Communication No. C- 20611 from the City Manager recommending that the City Council approve acquisition of one agreement for temporary right of 'entry from Marianne Brants and HARLU LIMITED PARTNERSHIP for Surveying and Geotechnical Investigation'of the proposed right-of- way for the Eagle Mountain Raw Water Transmission Pipeline for $10,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20612 There was presented Mayor and Council Communication No. C- Ord. #16339-03- 20612` from the City Manager recommending that the City Council 2005 authorize the transfer of $177,540.00 from the Retail Sewer Impact Steve`Dake Fees"'to the Sewer Capital Project Fund; adopt Appropriation Construction, Ordinance increasing 'estimated receipts and appropriations in the Inc. Sewer Capital Project Fund of funding a contract with Steve Dake Construction, Inc., for Waterfront at Enchanted Bay Sewer Lift Station and Six-Inch Force Main; and authorize the City Manager to execute a' contract with Steve Dake Construction, Inc., in the amount of $479,838.00. for the Waterfront at Enchanted Bay Sewer Lift Station and Six-inch Force Main. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 21 of 28 C-20613 There was presented Mayor and Council Communication No. C- Farmer's & 20613 from the City Manager recommending that the City Council Mechanics, L.P. authorize the City Manager to execute an Encroachment Agreement with Farmer's & Mechanics, L.P., authorizing use of the right-of-way for existing & proposed encroachments at 714 Main Street and West 7th Street. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-20614 There was presented Mayor and Council Communication No. C- Eric McGehearty 20614 from the City Manager recommending that the City Council Authorize the City Manager to enter into a Design Contract with Eric McGehearty for final design, engineering and installation planning for a sited sculpture and tower window enhancements for Fire Station 8, for an amount not to exceed $7,500.00; and authorize the City Manager to enter into an Artwork Contract with Eric McGehearty for final design, fabrication and installation of a sited sculpture and tower window enhancements for Fire Station 8, for an amount not to exceed $39,500.00. Council Member Wheaffall made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-20615 There was presented Mayor and Council Communication No. C- DR. Horton — 20615 from the City Manager recommending that the City Council Texas, LTD authorize the City Manager to execute a Community Facilities Agreement with D.R. Horton — Texas, LTD, for the installation of an offsite sewer line to serve Emerald Park. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20616 There was presented Mayor and Council Communication No. C- D.R. Horton — 20616 from the City Manager recommending that the City Council Texas, LTD authorize the City Manager to execute a Community Facilities Agreement with D.R. Horton — Texas, LTD, for the installation of water and sewer services to serve Emerald Park, Section II. Council Member Wheatfall made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. C-20617 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20617 from the City Manager recommending that the City Council Partnership, L.P. authorize the City Manager to execute the Option agreement to Continued until enter into Retail Lease Agreement with Omni Fort Worth March 29, 2005 Partnership, L.P., for ground level retail and commercial space CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 22 of 28 within a City-owned parking garage to be constructed on Block 7, Tarrant County Convention Center Addition. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-20617 be continued March 29, 2005. The motion carried unanimously. C-20618 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20618 from the City Manager recommending that the City Council Partnership, L.P. authorize execution of the attached Ground Lease of Blocks 7 and Continued until, 8, Tarrant County Convention Center Addition, to Omni Fort Worth March 29, 2005 Partnership, L.P. Council Member Haskin made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-20618 be continued until March 29, 2005. The motion carried unanimously. C-20619 There was presented Mayor and Council Communication No. C- Omni Hotels 20619 from the City Manager recommending that the City Council Management authorize the City Manager to enter into the contract with Omni Corporation Hotels Management Corporation to provide exclusive food, Continued until beverage and alcoholic beverage services at the Fort Worth March 29, 2005 Convention Center for a period of ten years beginning six months after the opening of the Omni Fort Worth Hotel. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No.'C-206'19 be continued until March 29, 2005. The motion carried unanimously. C-20620 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20620 from the City Manager recommending that the City Council Partnership, L.P. authorize the City Manager to execute the Room Block Agreement Continued until with Omni Fort Worth Partnership, L.P., to provide event room March 29, 2005 blocks to potential Convention Center customers for a period of ninety-nine years after the opening of the Omni Fort Worth Hotel. Council Member Wheatfall made a Motion, seconded by Coil Member Member Lane, that Mayor and Council Communication No. C-20620 be continued until March 29, 2005. The motion carried unanimously. C-20621 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20621 from the City Manager recommending that the City Council Partnership, L.P. make the findings specifically set forth in the attached Economic Continued untie Development Program Agreement; authorize the City Manager to March 29`, 2005 execute the Economic Development Program Agreement with Omni Fort Worth Partnership, L.P.; adopt a supplemental appropriation ordinance increasing appropriations in the. Culture CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005. PAGE 23 of 28 and Tourism Fund in the amount of $6,300,000.00 and decreasing the unreserved fund balance by the same amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund; authorize the transfer of $6,300,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $6,300,000.00 from available funds, for the purpose of funding an Economic Development Program Agreement with Omni Fort Worth Partnership, L.P. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-20621 be continued until March 29, 2005. The motion carried unanimously. C-20622 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20622 from the City Manager recommending that the City Council Partnership, L.P. make the findings specifically outlined in the Tax Abatement Continued until Agreement; and authorize the City Manager to execute the attached March 29, 2005 Tax Abatement Agreement with Omni Fort Worth Partnership, L.P. Mayor Pro tempore McCloud made a motion, seconded by Council .Member Wheatfall, that Mayor and Council Communication No. C- .20622 be continued until March 29, 2005. The motion carried unanimously. First Public It appeared that the City Council set today as the date for the first Hearing for public hearing for Proposed Voluntary Full Purpose Annexation of Proposed approximately 11.8 Acres of Land in Tarrant County, located north Voluntary full of Avondale Haslet Road and east of Sendera Ranch Boulevard Purpose (AX-05-002, Sendera Ranch). . Mayor Moncrief opened the public Annexation of hearing and asked if there was anyone present desiring to be Approximately heard. 11.8 Acres Located North of Ms. Allison Gray, representing the Development Department, Avondale Haslet appeared before Council and gave a staff report. Road and East of Sendera There being no one else present desiring to be heard in connection Ranch with the first public hearing for the proposed voluntary full purpose Boulevard.(AX- annexation, Council Member Lane, made a motion, seconded by 05-002, Sendera Council Member Haskin, that the public hearing be closed. The Ranch) motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 24 of 28 First Public It appeared that the City Council set today as the date for the first Hearing for public hearing for Proposed Voluntary Full Purpose Annexation of Proposed. approximately 200.194 Acres of Land in Tarrant County, located Voluntary Full west of Harmon Road, north of US Hwy 287 and 81 and south of Purpose Bonds Ranch Road East (AX-05-003, Presidio West). Mayor Annexation of Moncrief opened the public hearing and asked if there was anyone Approximately present desiring to be heard. 200.194 Acres Located West of Ms. Allison Gray, representing the Development Department, Harmon Road, appeared before Council and gave a staff report. North of US Hwy 287 and 81 and There being no one else present desiring to be heard in connection South of Bonds with the first public hearing for the proposed voluntary full purpose Ranch Road annexation, Council Member Wheatfall, made a motion, seconded East (AX-05-003, by Council member Haskin, that the public hearing be closed. The Presidio West) motion carried unanimously. Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing 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, February 17, 2005. Mayor Moncrief asked if there was anyone present desiring to be heard. Council Member Haskin pointed out the subject:zoning case was in Council Member Stevenson's district and he was absent. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before the Council and pointed out there was no opposition to this request zoning change; Mr. Bob Riley, Director of Development stated that he and Council Member Stevenson met last Thursday and he advised Council that Council Member Stevenson did not express any opposition to this zoning case. ZC-05-017 Council Member Wheatfall made a motion, seconded by Council SP-05-004 Member Haskin that the application of Papaladis Bros Partnership Approved & Donald John Whitehead'for a change in 'zoning of property located at 5805 & 5809 Locke Avenue from "C" Medium Density Multi-Family Residential and "E-R" Neighborhood Commercial Restricted to "PDISU" Planned Development/Specific Use for a Drive Thru Bank Facility, Zoning Docket No. ZC-05-050 and Site Plan No. SP-05-004, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 25 of 28 ZC-05-057 Council Member Haskin made a motion, seconded by Mayor Pro SP-05-009 tempore McCloud, that the application of Guy Thompson for a Approved change in zoning of property located at 1621 Pruitt & 702 8th Avenue from "PD-332" Planned Development for a Funeral Home with Residence to Amend "PD-332" with the Same Uses Plus a "Crematory" Use and site plan required, Zoning Docket No. ZC-05- 057 and Site Plan No. SP-05-009, be approved. The motion carried unanimously. ZC-05-029 Mr. George Haratsis, 777 Main, McDonald, Sanders Law Firm, SP-05-008 appeared before Council and requested that the Council deny the Set for a Special requested zoning and also deny the request for an appeal. He Hearing on April stated that this was a health and safety issue and that a landfill was 19, 2005 not allowed under"K' Heavy Industrial. George Haratsis Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared and advised Council that this zoning docket was denied without prejudice. He stated that his client had purchased a $450,000.00 piece of equipment, to address the dust issue, however they did not have the misters at the time nor any type of dust suppressors. He requested that Council grant the appeal in order to allow his client to test the equipment with the dust suppressors. Council Member Lane inquired whether the request was a health and safety issue. Mr. Brian Boerner, Director of the Environmental Management Department, stated that he was not familiar with this particular case. Discussion continued on having the subject operation next to the lberra's factory that makes tortillas. Council Member Lane suggest a meeting of all parties and staff to test the equipment. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the application of Henry Lopez for a change in zoning of property located at 289 NE 35th Street from "K" Heavy Industrial to "PDISU" Planned DevelopmentlSpecific Use for All Uses in "K" Heavy Industrial, Plus Construction Material Recycling Facility and site plan required, Zoning Docket No. ZC-05-029 and Site Plan No. SP-05-008, be set for a special hearing on April 19, 2005, with the stipulation that a test date be established prior to April 19th, for the equipment, with timely notification to lberra's Tortilla Factory and Environmental Management staff. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 26 of 28 ZC-05-018 It appeared that the City Council, at its meeting of February 17, Continued until 2005, continued the special hearing of the application of City of April 5, 2005 Fort Worth for a change in zoning of property located at: 125 Cromwell Street from "J" Medium Industrial to "B" Two-Family Residential, Zoning Docket No. ZC-05-018. 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 City of Fort Worth, Mayor Pro tempore,McCloud made a motion, seconded by Council Member Haskin that the Special Hearing and that Zoning Docket No. ZC-05-018 he continued until April 5, 2005. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16340-03-2005 l 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 2005 PAGE 27 of 28 Citizen Ms. Juanita Snell, 3200 Travis Avenue, appeared on behalf of Lee Presentations Saldivar, and requested that Council reconsider the funding for the Fort Worth SER- .lobs for Progress program, which is considered under the CDBG program. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:35 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated:litigation or.other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. 3120 Precinct Line Road L.L.C. and Walker Branch Recycling, Inc., Cause No. 04- 20857-2; b) Legal issues concerning the City of Fort Worth Employee's Retirement Fund; c) Legal issues concerning the ad valorem tax collection contract with Perdue, Brackett, Utt, Flores and Burns; d) Legal issues concerning the regulation of junked motor vehicles and the storage thereof; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 561.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH.24; 2005 PAGE 28 of 28 Adjournment There being no further business, the meeting was adjourned at 12:15 p.m. These minutes approved by the Fort Worth City Council on the 29th day of March, 2005. Attest: Approved: 1 e Marty Hen rix Michael one f City Secretary Mayor