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HomeMy WebLinkAbout2005/04/12-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 Date & Time On the 12th day of April, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro fempore 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 Mr. Estrus Tucker, Liberation Community, Inc. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Silcox, the minutes of the regular meeting of April 5, 2005, were approved unanimously. Special Council Member Wheatfall presented a Proclamation for Fair Presentations Housing Awareness Month to Mr. Estrus Tucker, Chair of the Fort Worth Human Relations Commission, and Mr. C. Donald Babers, Deputy Regional Director of the U.S. Department of Housing and Urban Development. Mayor Pro tempore McCloud presented a Proclamation for Youth Service Days to Claire Rockett and Anthony Butorac, Co-Chairs of the City of Fort Worth Youth Advisory Board. The following members of the board introduced themselves: Asha McElfish Home School Student Elizabeth Wells Southwest High School Demetria Lee Eastern High School Mary Garcia Paschal High School Kristen Graves Dunbar High School Chancellor Jenkins Western Hills High School Jonathan Thompson Southwest High School Dru Davis Fort Worth Country Day School (Council Member Wheatfall stepped away from the dais and left the meeting.) CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 2 of 20 Announcements Council Member Lane announced that the NASCAR races would begin this weekend at the Texas Motor Speedway (TMS). He presented a T-shirt that he had purchased at the O'Reilly Auto Parts that advertised the event and read "Texas Motor Speedway in Dallas." He stated that radio announcements also stated that the O'Reilly 300 would be held in Dallas. He encouraged Fort Worth residents to stop by an O'Reilly Auto Parts store and remind them that the TMS is in Fort Worth. He also encouraged everyone to Write the President of American Airlines and have him advise the pilots and flight attendants to welcome passengers to Dallas/Fort Worth and not just to Dallas. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. C-20650, P-90116, and L-14053 be removed from the 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. Davis, the consent agenda, as amended, was adopted unanimously, Presentations by Council Member Haskin announced that if any District 4 residents City Council were interested in serving on the City's Facility Master Plan Advisory Committee to please let her know. . She stated that the committee would evaluate the space needs of City Hall and suggested that the interested person have an architectural background. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt a resolution approving the 2005-2006 Crime Control Plan and Budget as adopted by the Directors of the Fort W©rth' Crime Control and Prevention (District. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Susan Alanis, representing the Police Department, appeared before Council and presented a staff report as follows: Res, #3184-04- There was presented Resolution No. 3184-04-2005 approving the 2005 2005-2006 Crime Control Plan and budget as adopted by the Adopt 2005-2006 directors of the Fort Worth Crime Control and Prevention District CCPD Budget (CCPD). CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 12, 2005 PAGE 3 of 20 There being no one present in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the resolution be adopted. The motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1476 There was presented Mayor and Council Communication No. OCS- Claims 1476 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-1477 There was presented Mayor and Council Communication No. OCS- Res. 03185-04- 1477 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 318.5-04-2005 appointing the Appoint remaining presiding judges and. alternate judges for the City Remaining Council election to be held on Saturday, May 7, 2005, City Council Judges and Electron. Council Member Davis made a motion, seconded by Alternate Judges Council Member Silcox, that the recommendation be adopted. The for May 7, 2005, City motion carried unanimously. Council Election G-14715 There was presented Mayor and Council Communication No. G- Withdrawn 14715, dated March 24, 2005, from the City Manager recommending that the City Council approve the tree preservation and reforestation plan for the Parks on Randol Mill Development. . Jim Schell Mr. Jim Schell, 901 Fort Worth .Club Building, representing the developer, appeared before Council in support of the appeal. Mr. Schell provided the Council with the background on this development and stated that buffer requirements suggested by Council during the April 5, 2005, Council meeting would result in 30 lots being lost. He further stated that the recommended tree replacements would be cost prohibitive and therefore his client asked that the appeal be withdrawn. Council Member Davis clarified that her suggestions to Mr: Schell at the previous Council meeting were to meet with the neighborhood to work on a plan to preserve and replace as many trees as possible. David Radice Mr. David Radke, 308 Williams Road, appeared before Council in opposition to the appeal. He stated that Mr. Schell's client was not the landowner, but the developer, and therefore the landowner had CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 12, 2006 PAGE 4 of 20 not been denied rights to develop the land. He added that the land was also inappropriate for this type of development. He pointed out statements made by Mr. Schell on the costs to replace the trees and how that documented the value of the mature trees. Council Member Haskin expressed appreciation to the residents in this community for showing their support of preserving this valuable land. She stated that since the tree preservation process began this was the only appeal case heard by the Council thus far. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be withdrawn. The motion carried unanimously. G-14742 There was presented Mayor and Council Communication No. G- Res. #3186-04- 14742 from the City Manager recommending that the City Council 2005 retain Don. C. Plattsmier and the law firm of Kelly, Hart and Employ Outside Hallman as outside counsel, pursuant to Chapter Vl, Section 3 of Legal Counsel the City` Charter, to provide consultation services and bid for Consultation document review with regard to oil and gas leases within the City Services & limits; adopt Resolution No. 3186-04-2005 fixing in advance, as far Document as practicable, that the sum to be paid to Kelly, Hart and Hallman Review with shall not exceed a total sum of $10,000.00; and authorize the City Regard to Oil & Manager to execute a Professional Services Contract with Kelly, Gas Leases Hart and Hallman for a sum not to exceed $10,000.00. It was the Within City consensus of the City Council that the recommendation be Limits adopted. G-14743 There was presented Mayor and Council Communication No. G- Ord. #16367-04- 14743 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16367-04-2005 increasing Allocate Funds estimated receipts and appropriations in the Special Trust Fund in for Purchase of the amount of $1,530.00 from available funds for the purpose of Landmark" funding landmark plaques for the Planning Department. It was the Plaques consensus of the City Council that the recommendation be adopted. G-14744 There was presented Mayor and Council Communication No. G- Ord. #16368-04- 14744 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16368-04-2005 increasing Proceeds from estimated receipts and appropriations in the Sewer State Revolving Water and Sewer Loan Fund in the amount of $7,890,000.00 from available funds for System the purpose of funding sewer infrastructure for the Water Revenue Bo Lien Department. It was the consensus of the City Council that the Revenue Bonds, p � Series 2005 recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 5 of 20 G-1 4745 There was presented Mayor and Council Communication No. G- Rezone 14745 from the City Manager recommending that the City Council Properties in authorize the City Manager to initiate rezoning of certain properties Proposed located along or near Oleander Street in the Medical District mixed- Oleander Walk use growth center in accordance with the 2005 Comprehensive Neighborhood of Plan. Council Member Davis made a motion, seconded by Mayor Medical District Pro tempore McCloud, that the recommendation be adopted. The Mixed-Use motion carried unanimously. Growth Center (Council Member Haskin stepped away from the dais.) Public Hearing It appeared that the City Council set today as the date to approve the application from Kimco Montgomery Plaza, L.P., for a Municipal Setting Designation (MSD) for the property located at 2600 West 7ti, Street; adoption of a resolution supporting the application for an MSD to the Texas Commission for Environmental Quality; and adopt an ordinance prohibiting the potable use of groundwater from the MSD. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Kathryn Hansen, representing the Environmental Management Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14746, as follows; G-14746 There was presented Mayor and Council Communication No. G- Res. 3187-04- 14746 from the City Manager recommending that the City Council. 2005 Ord. #16379-04- 1. Conduct a public hearing on the application of Kimco 2005 Montgomery Plaza, L.P. for approval of a Municipal Setting Application from Designation (MSD),for the property located at 2600 West Kimco 7th Street, an approximate 46-acre tract, more fully Montgomery described as Lot 1, Block 1, Montgomery Ward & Company Plaza, L.P. for a Addition, Fort Worth, Tarrant County, Texas, to allow the MSD for public the opportunity to give testimony; Property Located at 2600 2. Adopt Resolution No. 3187-04-2005 in support of the West 7th Street application of Kimco Montgomery Plaza, L.P. to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 2600 West 7 t Street, Fort Worth, Texas; and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL.12, 2005 PAGE 6 of 20 3. Adopt Ordinance No. 16359-04-2005 amending the Code of the City of Fort Worth (1986), as amended, . by the amendment of Chapter 12.5, "Environmental Protection and. Compliance," Article IV "Groundwater and Surface Water Quality," by adding Appendix "A" "Municipal Setting Designation Sites in Fort Worth," designating CFW-MSD- 0001, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW- MSD-0001; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. There being no one present in connection with the public hearing for the application from Kimco Montgomery Plaza, L.P., for a Municipal Setting Designation (MSD) for the property located at 2600 West 7th Street, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council No. G-14746 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt a resolution and authorize the submission of the amended Brownfield Economic Development Initiative Grant application and application for Section 108 loan guarantee to the U.S. Department of Housing and Urban Development for the Texas and Pacific Warehouse Project. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christine Maguire, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14747 as follows, and requested Council delay action on this M&C until April 19, 2005: (Council Member Haskin returned to her chair at the dais.) G-14747 There .was presented Mayor and Council Communication No. G- Delayed Until 14747 from the City Manager recommending that the City Council; April 19, 2005 I. Adopt a resolution amending the Community Development Program to include the Texas and Pacific Warehouse Project in accordance with Chapter 373 of the Texas Local Government Code; 2. Authorize the City Manager to submit an amended $872,000.00 Brownfield Economic Development Initiative (BEDI) Grant to the U.S. Department of Housing and Urban Development (HUD); and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 7 of 20 3. Authorize the City Manager to submit an application to HUD for a commitment of $5,670,000.00 in Section 108 loan guarantees for the Texas and Pacific Warehouse Project; 4. Accept, if offered, the BEDI grant and Section 108 loan funds; 5. Authorize the City Manager to,enter into a contract with HUD for the receipt and payment of the Section 108 loan; 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $872,000.00, subject to receipt of the Brownfield Economic Development Initiative Grant from the U.S. Department of Housing and Urban Development, for the purpose of funding the Texas and Pacific Warehouse Project; and 7. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Local Development Corporation Fund in the amount of $5,670,000.00, subject to receipt of the Section 108 loan guarantee from the U.S. Department of Housing and Urban Development, for the purpose of funding the Texas and Pacific Warehouse Project. There being no one present desiring to be heard in connection with the public hearing of the amended Brownfield Economic Development Initiative Grant application and application for Section 108 loan guarantee to the U.S. Department of Housing and Urban Development for the Texas and Pacific Warehouse Project, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and action on Mayor and Council Communication No. G-14747 be delayed until April 19, 2005. The motion carried unanimously. P-10116 There was presented Mayor and Council Communication No. P- Lunch and 10116 from the City Manager recommending that the City Council Snack Meals for authorize a purchase agreement with Regal Food Services, Summer Food . Incorporated, to provide lunch and snack meals for the Summer Program Food Program for the Parks and Community Services Department based on best value with payment due 30 days after receipt of invoice, and authorize this agreement to begin June 6, 2005, and expire August 12, 2005. City Manager Boswell stated that the Discussion section of the M&C needed to be amended to reflect the Bid Tabulation total for Senior Citizens Services at "$295,650,000.00". CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 8 of 20 Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. P- 10116 be adopted as amended. The motion carried unanimously, L-14053 There was presented Mayor and Council Communication No. L- Permanent 14053 from the City Manager recommending that the City Council Sewer Line approve the acceptance of one permanent sewer line easement Easement & and one permanent water main easement described as a portion of Permanent the M. Gilbert Survey, Abstract No. 565, City of Fort Worth, Tarrant Water Main County, Texas, from Basswood/35 Partners, L.P., for property Easement located in North Fort Worth, Tarrant County (DOE 4807), necessary for the construction, operation, maintenance and repair of sewer and water facilities to serve the Sandshell Commercial Addition, located east of IH=35W and south of Basswood Boulevard for a total cost of$2.00. Mayor Moncrief stated that he had a conflict of interest with this issue and requested Council's consideration to abstain from voting. Council Member Davis made a motion, seconded by Council Member Lane, to allow Mayor Moncrief to abstain from voting on Mayor and Council Communication No. L-14053. The motion carried unanimously. Council Member Davis. made a motion, seconded by Council Member Stevenson; that Mayor and Council Communication No. L- 14053 be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member WheatPall NOT VOTING: Mayor Moncrief L-14054 There was presented Mayor and Council Communication No. L- Permanent 14054 from the City Manager recommending that the City Council Sewer Line declare the necessity of taking an interest in a portion of land in Easement & the John Askew Survey, Abstract No. 16, for condemnation of one Temporary permanent sewer line easement and one temporary construction Construction easement across property owned by T.J. Winn and Leland B. Easement Gjetley, located. south of J.W.. Boaz Road and west of Old Decatur Road (DOE 4620), needed for the developer to construct a public sewer line to serve the proposed Parks at Boat Club development; CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 9 of 20 and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-14055 There was presented Mayor and Council Communication No. L- Permanent 14055 from the City Manager recommending that the City Council Drainage approve the acceptance of a permanent drainage easement and a Easement& permanent sanitary sewer line easement described as A-922, A.J. Permanent Knapp Survey, Tarrant County, Texas, located in northeast Tarrant Sewer Line County from D. R. Horton — Texas, Ltd. for the Blake Meadow Easement Subdivision Development Project (DOE 4614), needed to construct, maintain, replace and repair sewer and drainage improvements for properties located north of Tom Landry Highway 30 and east of Sandy Lane for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14056 There was presented Mayor and Council Communication No. L- Permanent 14056 from the City Manager recommending that the City Council Sanitary Sewer authorize acquisition of one permanent sanitary sewer easement Easement & and one temporary construction easement described as a portion Temporary of the William Welch Survey, Abstract No. 1668, Tarrant County, Construction Texas, from Mark J. Teinert and Kell! G. Teinert for property located Easement in east Fort Worth (DOE 3295), required for the construction of a sanitary sewer line to separate wastewater flow from the City of Arlington from US 180 (Lancaster Avenue) to the Village Creek Wastewater Treatment Plant for a corrected total cost of $4,500.00. It was the consensus of the City Council that the recommendation be adopted. L-14057 There was presented Mayor and Council Communication No. L- Permanent 14057 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as part of Lot 8, Block 2, Westland Subdivision, Tarrant County, Texas, from Sheng Y. Tsou and S. Huynh Sam to serve Tiffany Gardens Phase 1 Development (DOE 4362), needed for the construction, maintenance, replacement and repair of drainage facilities for properties located south of IH-30 and west of Longvue Avenue located in west Fort Worth for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. C-20642 There was presented Mayor and Council Communication No. C- Antero 20642 from the City Manager recommending that the City Council Resources authorize the City Manager to execute a Public Right-of-Way Use Pipeline, L.P. Agreement with Antero Resources Pipeline, L.P., (Antero), that CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 10 of 20 grants Antero a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. It was the consensus of the City Council that the recommendation be adopted. C-20643 There was presented Mayor and Council Communication No. C- BSG Pipeline, 20643 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with BSG Pipeline, Ltd., (BSG) that grants BSG a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20644` There was presented Mayor and Council Communication No. C- Jamail 20644 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a Job Order under the Job Company Order Contract with Jamail Construction Company in the amount of $38,186.00 to replace the fuel service canopy at the Water Service Center at 2201 West Daggett Street. It was the consensus of the City Council that the recommendation be adopted. C-20645' There was presented Mayor and Council Communication No. C- Tarrant County 20645 from the City Manager recommending that the City Council Concession, authorize the City Manager to extend the contract between Tarrant L.L.C. d/b/a County Concessions L.L.C., d/bla Aramark Corporation and the Aramark City of Fort Worth, to provide exclusive concession and alcoholic Corporation beverage services at the Fort Worth Convention Center for a period of one year. It was the consensus of the City Council that the recommendation be adopted. C-20646 There was presented Mayor and Council Communication No. C- Ord. #16370-04- 20646 from the City Manager recommending that the City Council: 2005 1. Authorize the transfer of .$146,372.75 from the Water and McClendon Sewer Operating Fund to the Water Capital Project Fund in Construction the amount of $'106,395.75 and to the Sewer Capital Project Co., Inc. Find in the amount of$39,977.00; 2. Adopt Appropriation Ordinance No. 16370-04-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $106,395.75 and the Sewer Capital Project Fund in the amount of $39,977.00 from available funds for the purpose of funding a contract with McClendon Construction.Company, Inc., for pavement reconstruction and water and sanitary sewer replacements on New York Street (East Terrell Street to Rosedale Street); and - . CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 11 of 20 3. Authorize the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $380,461.07 for pavement reconstruction and water and sanitary sewer replacements on New York Street (East Terrell Street to Rosedale Street) (CIP Project No. 00057). It was the consensus of the City Council that the recommendation be adopted. C-20647 There was presented Mayor and Council Communication No. C- Ord. #16371-04- 20647 from the City Manager recommending that the City Council: 2005 1. Authorize the City Manager to transfer $422,231.24 from the Austin Bridge & Water and Sewer Operating Fund to the Water Capital Road, LP Project Fund. in the amount of $334,785.00 and Sewer Capital Project Fund in the amount of$87,446.24; 2. Adopt Appropriation Ordinance No. 16371-04-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $334,785.00 and the Sewer Capital Project Fund in the amount of $87,446.24 from available funds for the purpose of funding a contract with Austin Bridge & Road, LP, for HMAC Surface Overlay 2005-6 at Various Locations; and 3. Authorize the City Manager to execute a contract with Austin Bridge ,& Road, LP in the amount of $622,635.40 for 130 working days for HMAC Surface Overlay 2005-6 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-20648 There was presented Mayor and Council Communication No. C- Ord. #16372-04- 20648 from the City Manager recommending that the City Council: 2005 1. Authorize the City Manager to transfer $273,976.10 from the JRJ Paving, LP Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $136,988.05 and Sewer Capital Project Fund in the amount of$136,988.05; 2. Adopt Appropriation Ordinance No. 16372-04-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $136,988.05 and the Sewer Capital Project Fund in the amount of $136,988.05 from available funds for the purpose of funding a contract with JRJ Paving, LP, for HMAC Surface Overlay 2005-8 at Various Locations; and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2006 PAGE 12 of 20 3. Authorize the City Manager to execute a contract with JRJ Paving,. LP, in the amount of $497,952.20 for 110 working days for HMAC Surface Overlay 2005-8 at Various Locations. It was the consensus of the City Council that the recommendation be adopted.. C-20649 There was presented Mayor and Council Communication No. C- Rescind 20649 from the City Manager recommending that the City Council Contract with authorize rescinding the award of contract to AOC Contracting, AOC L.P., for water main replacement Contract 2002 STM-F; . and Contracting, authorize readvertising the project for bid at the earliest possible L.P., for 2002 convenience. It was the consensus of the City Council that the S.TM-F recommendation be adopted. C-20650 There was presented Mayor and Council Communication No. C- Antero 20650 from the City Manager recommending that the City Council Resources approve the acceptance of a lease agreement for natural gas drilling under City-owned right-of-way with Antero Resources for a one-year term. City Manager stated that the first paragraph in the Discussion section of the M&C needed to be amended to add at the end of the paragraph, "One-half of royalty was reserved in 1963 by prior owners." Council Member Davis . made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 20650 be approved as amended. The motion carried unanimously. C-20661 There was presented Mayor and Council Communication No. C- Skyline 20651 from the City Manager recommending that the City Council Excavation, Inc. authorize the City Manager to execute a contract with Skyline Excavation, Inc., in the amount of $365,000.00 for the Sidewalk Contract— Group 2. It was the consensus of the City Council that the recommendation be adopted. C-20652 There was presented Mayor and Council Communication No. C- Primera Baptist 20652 from the City Manager recommending that the City Council Church authorize the City Manager to execute a lease extension for office space located at 1519 Circle Park Boulevard for the Police Department from Primera Baptist Church, at no cost to the City; and approve the lease extennsion term of one year beginning March 1, 2006, and expiring February 28, 2006, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 13 of 20 C-20653 There was presented Mayor and Council Communication No. C- Six Point Centre 20653 from the City Manager recommending that the City Council dlbla Riverside authorize the City Manager to execute a lease agreement with Six Commercial, Point Centre dlbla Riverside Commercial, LLC, for approximately LLC 550 square feet of office space at 3124 East Belknap Street, Unit D, for the Police Department at a cost of $1.00 for one year; and authorize the lease term to begin on April 1, 2005, and expire March 31, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20654 There was presented Mayor and Council Communication No. C- Sprint Spectrum, 20654 from the City Manager recommending that the City Council L.P. authorize the City Manager to enter into a 20-year License Agreement with Sprint Spectrum, L.P., to lease 500 square feet of land in Cobb Park for the construction of a base 'station; and authorize the acceptance of park facility improvements valued at $52,199.00 in-lieu-of the assessed License Agreement fee. It was the consensus of the City Council that the recommendation be adopted. C-20665 There was presented Mayor and Council Communication No. C- Chadwick 20655 from the City Manager recommending that the City Council Farms, Ltd. authorize the City Manager to execute a Community Facilities Agreement with Chadwick Farms, Ltd., for the installation of community facilities to serve Chadwick Farms. Council Member Lane made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. C-20656 There was presented Mayor and Council Communication No. C- Ord. #16373-04- 20656 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16363-04-2005 increasing Ken Moore estimated receipts and appropriations in the Special Trust Fund in Enterprises, Inc. the amount of $6,841.82 from available funds for the purpose of funding improvements, equipment, and promotion of the Will Rogers Memorial Center; authorize the use of these funds as outlined in accordance with the City's purchasing and expenditure guidelines; and authorize the extension of the contract with Ken Moore Enterprises, Inc., from June 30, 2005, to August 31, 2005. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20657 There was presented Mayor and Council Communication No. C- McClaren, 20657 from the City Manager recommending that the City Council Wilson and authorize the City Manager to execute a contract with McClaren, Lawrie, Inc. Wilson and Lawrie, Inc., in the amount of $59,978.00 to conduct a CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 14 of 20 needs assessment for the Police Department Crime Laboratory. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Council Member Lane directed City Manager Boswell to ensure this company was put in contact with District Attorney Tim Curry so that he has an opportunity to provide input in this process. First Public It appeared that the City Council set today as the date for the first Hearing for public hearing for the proposed voluntary full purpose annexation Proposed of 213.34 acres of land in Denton County, located approximately Voluntary Full one mile west of FM 156, north of State Highway 114 (AX-05-001 Purpose River's Edge). Mayor Moncrief opened the public hearing and Annexation-of asked if there was anyone present desiring to be heard. 213.34 Acres of Ms. Allison Gray, representing the Development Department, Land in Denton appeared before Council and gave a staff report and stated that the County, Located Approximately second public hearing would be held on April 19, 2005. One Mile Vilest of There being no one present desiring to be heard in connection with FM 156, North of the first public hearing concerning the proposed voluntary full State Highway purpose annexation of 213.34 acres of land in Denton County, 114 (AX-05-001 located approximately one mile west of FM 156, north of State River's Edge) Highway 114 (AX-05-001 River's Edge), Council Member Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed. 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 the proposed City initiated full purpose Proposed City annexation of 6.9 acres of land in Denton County, located Initiated Full approximately one mile of FM 156, being a portion of the State Purpose Highway 114 right-of-way (AX-05004), Mayor Moncrief opened the Annexation of public hearing and asked if there was anyone present desiring to 6.9 Acres of be heard. Land in Denton Ms. Allison Gray, representing the Development Department, County, Located appeared before Council and gave a staff report and stated that the Approximately One Mile of FM second public hearing would be held on April 19, 2005. 156, Being a There being no one present desiring to be heard in connection with Portion of the the first public hearing concerning the proposed City initiated full State Highway purpose annexation of 6.9 acres of land in Denton County, located 114 Right-of. approximately one mile .of FM 156, being a portion of the State Way (AX-05-004) Highway 114 right-of-way (AX-05-004), Council Member Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 15 of 20 ZC-04-302 It appeared that the City Council, at its meeting of March 8, 2005, Approved continued the hearing of 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. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Trey Neville Mr. Trey Neville, 5336 Malvey Avenue, representing the applicant, appeared before Council in support of the zoning change. He stated that he had been working with City staff since last year on this zoning and that temporary access to 28th Street was needed for marketing and construction purposes. James Grzann Mr. James Grzann, 2821 Elinor, appeared before Council relative to this zoning case. He stated that he was neither for nor against the zoning change because he was not sure of what the developer was proposing. He added that the area was all commercial structures with no residential property. .Council Member Haskin clarified the zoning change and stated that the developer had met with the neighborhood association a few times and that the Bonnie Brae Neighborhood Association was comfortable with the development, as long as access. was restricted on 28th Street. There being no one else present desiring to be heard in connection with.the application of Texas National Theaters, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04- 302 be approved by amending the zoning to "PD/SU" Planned Dove IopmentJSpecifc Use for all uses in "A-5" One-Family Residential with no access to 28th Street except for temporary access for construction and marketing, and waiver of site plan. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3179-03-2005 Hearing was adopted on March 24, 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 March 28, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 16 of 20 ZC-05-036 Council Member Picht made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 5130 Anderson Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-036, be approved. The motion carried unanimously. ZC-05-047 Council Member Haskin asked staff if the applicant had any kind of SP-05-013 drainage plan or had met with the neighborhood association Approved relative to landscaping of the property. Mr. Bob Riley, Development Department Director, stated that the owner was interested in landscaping the property and.that he was not aware of any drainage problems. Council Member Stevenson made a motion, seconded by Council Member Davis, that the application of RCM Development, LLC, for a change in zoning of property located on West Sendera Ranch Boulevard from "E" Neighborhood Commercial to "PDISU" Planned DevelopmentlSpecific Use for all uses in "E" Neighborhood Commercial plus mini warehouses, and site plan required, Zoning Docket No. ZC-05-047 and Site Plan No. SP-05- 013, be approved. The motion carried unanimously. SP-05-014 City Attorney Yett stated that staff had received a letter from the Continued Until applicant requesting the zoning case be delayed until the May 10, May 10, 2005 2005, Council meeting. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the application of Rite-Weld Supply, Inc., for a site plan of property located at 3417 North Main Street, to amend "PD1420" for all uses in "I" Light Industrial, to expand development, Site Plan No. SP-05-014, be continued until May 10, 2005. The motion carried unanimously. Council Member Haskin stated that because of the proliferation of used car lots on Jacksboro Highway and Mansfield, she would not support Zoning Docket Nos. ZC-05-048 and ZC-06-049. ZC-05-048 Council Member Lane made a motion, seconded by Council Approved Member Stevenson, that the application of Luis Martinez and Victor Samaniego for. a change in zoning of property located 1914 Jacksboro Highway from "B" Two-Family Residential and "E" Neighborhood Commercial to: "F-R" General Commercial Restricted, Zoning Docket No. ZC-05-048, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 12, 2005 PAGE 17 of 20 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Wheatfall ZC-05-049 Council Member Picht made a motion, seconded by Council Approved Member Lane, that the application of Joel Vasquez for a change in zoning of property located in the 4000 block of Mansfield Highway from "B" Two-Family Residential and "E" Neighborhood Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC-05-049, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Wheatfall ZC-05'-052 Council Member Haskin made a motion, seconded . by Council Approved Member Davis, that the application of Newmark Homes, L.P., for a change in zoning of property located 1000 feet east of the current North Riverside Drive from "CF" Community Facilities to "R-2" Townhouse/Cluster Residential, Zoning Docket No. ZC-05-052, be approved. The motion carried unanimously. ZC-05-053 Council Member Picht made a motion, seconded by Council Approved Member Lane, that the application of Arcadia Land Partners 21, LT, for a change in zoning of property located at the southwest corner of Hemphill Street and Sycamore School Road from "B" Two- Family Residential and "CF" Community Facilities to "A-5" One- Family Residential, Zoning Docket No. ZC-05-053, be approved. The motion carried unanimously. ZC-05-055 . Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of John McMackin for a change in zoning of property located at 4828 Locke Avenue from "C" Medium Density Multi-Family to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-055, be approved. The motion carried unanimously. CITY COUNCIL MEETING PORT WORTH, TEXAS APRIL 12, 2005 PAGE 18 of 20 ZC-05-056 Mr. Robert H. Voelker, 700 E. Sandy Lake Road, Suite 146, Coppell, Approved Texas, the applicant, appeared before Council in support of the zoning change. He stated that he was in support of some form of tree preservation. He responded to Council Member Haskin"s suggestion of placing a park on the adjoining property by stating that no plans had been made thus far for that property, but he would consider a park as an option. Council Member Picht made a motion, seconded by Council Member Lane, that the application of Eastland Real Estate Investors for a change in zoning of property located in the 5600 block of Eastland Street from "B" Two-Family Residential to "C-R" Low Density Multi-Family, Zoning Docket No. ZC-05-056, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox,, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Wheatfali ZC-04-335 Mr. Louis Zapata, P. O. Box 4384, representing the applicant, stated SP-05-002 that he had met with the neighborhood association and requested Set for Special the case be set for a special hearing on May 3, 2005, to permit him Hearing on May more time to resolve concerns of the neighborhood. 3, 20Q5 Council Member Davis made a motion, seconded by Council Member Lane, that the application of J. Michael Sadler for a change in zoning of property located at 4.301 Fair Park Boulevard from "F- R" General Commercial Restricted to "PDISU" Planned DevelopmenttSpecific Use for private parties with sales of alcohol for on-premises consumption, and site plan required, Zoning Docket No. ZC-04-335 and. Site Plan No. SP-05-002, be set for a special hearing on May 3, 2005. The motion carried unanimously. (Council Member Picht stepped away from the dais.) ZC-05-005 Council Member Haskin made a motion, seconded by Mayor Pro SP-05-001 tempore McCloud, that the application of Morteza Naghavi for a Denied With change in zoning of property located in the 8700 block of John T. Prejudice White Road from "E" Neighborhood Commercial to "PDISU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus mini warehouses, and site plan required, Zoning Docket No. ZC-05-005 and Site Plan No. SP-05- 001, be denied with prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 12, 2005 PAGE 19 of 20 ZC-05-012 Council Member Haskin made a motion, seconded by Council Denied with Member Lane, that the application of FJM Properties for a change Prejudice in zoning of property located in the 7500 block of Old Granbury Road from "A-5" One-Family Residential to "C" Medium Density Multi-Family, Zoning Docket No. ZC-05-012, be denied with prejudice. The motion carried unanimously. (Mr. Picht returned to his chair at the dais.) ZC-05-054 Council Member Haskin made a motion, seconded by Council Denied Without Member Stevenson, that the application of John Sartain for a Prejudice change in zoning of property located in the 8200 block of Sartain Drive from "E" Neighborhood Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC-05-054, be denied without prejudice. 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, Council Member Haskin made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16374-04-2005 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 APRIL 12, 2005 PAGE 20 of 20 Citizen Mr. Riley Cantrell, 2300 Sundrop Court, was recognized by Mayor Presentations Moncrief but was not in the Council Chamber to appear before Riley Cantrell Council. Council Member Silcox stated that he had resolved Mr. Cantrell's issue. John Q. Melcher Mr. John Q. Melcher, 3960 Arlan Lane, appeared before the Council relative to boulevard changes on Everman Parkway at Sycamore School Road. Mr. Melcher explained that he had paid for this existing boulevard crossing in the 1980s at a cost of $25,000. He stated that it took him ten years to pay for this project. He added that he owns 27 acres at the corner of Crowley and Sycamore School Roads and during the 1980s there was a realignment of Everman Road and Sycamore School Road, and he lost '1,000 feet of his property for this roadway project change. He explained that a particular design, was created for the boulevard crossing and now it was being compromised with the pouring of concrete to modify this crossing. He added he currently has an opportunity to sell a portion of the property, but may lose the deal due to this crossing modification. He further stated he had tried to reach numerous City staff today and the Director of Development, Bob Riley, had returned his call. He requested the Council's assistance to post a police officer on Wednesday at this location to stop the pouring of the concrete for a crossing that he had already paid for in the 1980s. Mr. Melcher was asked to meet with Robert Goode, Transportation/ Public Works Department Director to address his concern. Mayor Moncrief asked Mr. Goode to provide a report to the Council next week on his meeting with Mr. Melcher. Adjournment. There being no further business, the meeting was adjourned at 8:13 p.m. These minutes approved by the Fort Worth City Council on the 19th day of April, 2005. Attest: Approved: Marty Hen ix Michael J: Moncrie City Secretary Mayor