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HomeMy WebLinkAbout2005/04/19-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 Date & Time On the 19th day of April, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:30 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, Clyde Picht, and John Stevenson; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Members Donavan Wheatfall and Wendy Davis were temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Vic Bartlow, Bethesda Community Church. (Council Member Davis assumed her chair at the dais.) Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of April 12, 2005, were approved unanimously. Special Council Member Haskin presented a Proclamation for Child Abuse Presentations Prevention Month to Ms. Laurice Smith, Volunteer for Alliance for Children. (Council Member Wheatfall assumed his chair at the dais.) Council Member Davis presented a Proclamation for Sexual Assault Awareness Month to Ms. Eva Murray, Sexual Assault Nurse Examiner Program Manager of John Peter Smith Hospital. Mayor Pro tempore McCloud presented a Proclamation for Putting a Face to Survivorship Week to Ms. Denise Blakney, CEO/Founder of Faces of Survivors and read a letter from Congresswoman Eddie Bernice Johnson in support of the proclamation. He also acknowledged former District 5 Council Member Frank Moss as part of the delegation. Mayor Pro tempore McCloud presented a Proclamation for Migration Week to Mr. Joseph Garang, a refugee from the Sudan, and Mr. Brent Mayfield, Case Manager of Refugee Services for Catholic Charities Diocese of Fort Worth, Inc. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2006 PAGE 2 of 34 Announcements Council Member Picht announced that District 6 would conduct a district-wide Candidate's Forum on April 22, 2005, at 6:30 p.m. at the Southwest Community Center, 6300 Welch Avenue. He encouraged all District 6 residents to attend. Council Member Haskin announced that the final meeting for the Woodhaven Development Program would be held on April 20, 2005, at 6:30 p.m. at the East Regional Library and encouraged everyone to attend. (Council Member Picht stepped away from the dais.) Council Member Wheatfall invited everyone to attend the Parade of Champions in honor of the State 4A Champion Dunbar High School Girls Basketball team and the Texas Christian University Regional Champions on April 23, 2005, at 10:30 a..m. on the corner of 9th Street and Main Street. (Council Member Picht returned to his chair at the dais.) Mayor Pro tempore McCloud announced that the 4th Annual Health Festival would be held April 23, 2005, from 10:00 a.m. to 2:00 p.m. at O.D. Wyatt High School. He stated that there would be various health screenings and encouraged everyone to attend. Council Member Stevenson announced that District 7 would conduct various candidate forums for neighborhood associations and organizations prior to the May 7, 2005, City Council election. He stated that the forums would provide an opportunity for District 7 residents to meet the candidates and ask them questions and urged everyone to take advantage of these opportunities. Council Member Lane commended Eddie Gossage and everyone at the Texas Motor Speedway for the successful races held April 15- 17, 2005. He also expressed appreciation to the City staff who coordinated activities for the race and also Code Compliance and Police Department personnel for their hard work. Council Member Wheatfall expressed appreciation to Ms. Eileen Stewart-Houston, City Communications Officer, for the wonderful public relations work she provided relative to the demolition of the Cowtown Inn. He also expressed appreciation to Mr. Brian Koerner, Environmental Management Department Director, for coming up with a solution to safely demolish the structure. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 3 of 34 Mayor Mon crief stated that he had received a photograph via e-mail from a small military group from the 15t Platoon (RED Platoon, Bravo Troop, 2„d Battalion, 112th Armor Regiment of the 56 h Brigade Combat Team .of the 36th Infantry Division stationed in Iraq posing with the Fort Worth flag. He stated that all members of Bravo Troop had signed the flag and requested that the picture be placed on the City's website. (Council Member Lane stepped away from the dais.) Council Member Silcox acknowledged the death sixty years ago yesterday of Journalist, Ernie Pyle. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff .Consent Agenda On motion of Council Member 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. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1478 There was presented Mayor and Council Communication No. OCS- Claims 1478 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-1479 There was presented Mayor and Council Communication No. OCS- Res. #3188-04- 1479 from the Office of the City Secretary recommending that the 2005. City Council adopt Resolution No. 3188-04-2005 setting the regular Setting Regular zoning hearing for May 10, 2005. Council Member Wheatfall made Zoning Hearing a motion, seconded by Council Member Haskin, that the resolution be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 4 of 34 OCS-1480 There was presented Mayor and Council Communication No. OCS- Tarrant County 1480 from the Office of the City Secretary recommending that the Election City Council approve the contract with Tarrant County for election Services for City services for the City Council Election on May 7, 2005. Council Council Election Member Stevenson made a motion, seconded by Council Member on May 7, 2005 Wheatfall, that the recommendation be adopted. . The motion carried unanimously. Public Hearing It appeared that the City Council, at its meeting of April 12, 2005, continued the 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 opened the public hearing and 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: G-14747 There was presented Mayor and Council Communication No. G- Res; #3189-04- 14747, dated April 12, 2005, from the City Manager recommending 2005 that the City Council: Ord. #16375-04- 2005 1. Adopt Resolution No. 3189-04-2005 amending the Ord. #16376-04- Community Development Program to include the Texas and 2005 Pacific Warehouse Project in accordance with Chapter 373 Submission of of the Texas Local Government Code: Amended BEDI Grant 2. Authorize the City Manager to submit an amended Application & $872,000.00 Brownfield Economic Development Initiative Application of (BEDI) Grant to the U.S. Department of Housing and Urban Section 208 Development (HUD); and Loan Guarantee to HUD for Texas 3.. Authorize the City:'Manager to submit an application to HUD and Pacific for a commitment of '$5,670,000.00 in Section 108 loan Warehouse guarantees for the Texas and Pacific Warehouse Project; Project 4. Accept, if offered, the BEDI grant and Section 108 loan funds; CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 5 of 34 5. Authorize the City Manager to enter into a contract with HUD for the receipt and payment of the Section 108 loan; 6. Adopt Appropriation Ordinance No. 16375 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 Appropriation Ordinance No. 16376 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. Council Member Haskin expressed concern that Council had not received a briefing on this grant prior to it coming to them for approval. She also stated that she would like for staff to look at the overall multi-family development downtown. Ms. Maguire stated that this was a request to submit the grant application to HUD as the deadline for submission was April 29, 2005. She added that the application did not obligate the Council to spend money or enter into a development agreement in any form. She further stated that a briefing would be provided to the Council during a Pre-Council Worksession in the near future. (Council Member Lane returned to his chair at the dais.) Council Member Wheatfall expressed concern that when this was brought before the Central City Revitalization and Economic Development Committee for recommendation, additional discussion was to have occurred prior to it coming before the Council for action. Council Member Davis stated that there was a briefing during a Pre-Council session. She added that Council approval of this M&C ensured the City's place was held by HUD so that grant funding would not be lost to the City of Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 6 of 34 Council Member Stevenson called for the question, seconded by Council Member Lane, and that the City move forward with the application with the codicil and understanding that approval of the total project would not occur until all questions had been answered and everyone was comfortable with the grant. The motion carried unanimously. There being no one else 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 Mayor and .Council Communication No. G-14747 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: Council Member Wheatfall ABSENT: None G-14750 There was presented Mayor and Council Communication No. G- Ord. #16377-04- 14750 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16377-04-2005 amending Ordinance No. 15095 Amend Ord. to amend the definition of "City Initiated Water Main" as contained #15095 for in Section 35-82, Definitions. It was the consensus of the City Sewer Per Acre Council that the recommendation be adopted. Charge G-14751 There was presented Mayor and Council Communication No. G- Ord. #16378-04- 14751 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16378-04-2005 adopting a per acre charge for Sewer Per Acre the 66.31 acres served by City initiated sewer mains: Charge for Sewer Mains in L-11968*from Station 0+00 to Station 14+90 the Broadmoor L-11958*from Station 0+00 to Station 2+60 Addition L-11956*from Station 0+00 to Station 2+85 L-11957*from Station 0+00 to Station 5+90 L-11962* from Station 0+00 to Station 3+20 L-11960* from Station 0+00 to Station 3+14 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 7 of 34 L-11961" from Station 0+00 to Station 4+60 L-11966* from Station 0+00 to Station 2+78 L-11965* from Station 0+00 to Station 3+20 L-11964* from Station 0+00 to Station 3+60 L-11967* from Station 0+00 to Station 3+30 L-7416* Ext from Station 0+00 to Station 2+40 L-11953* from Station 3+82.37 to Station 7+41 L-11950* Ext from Station 0+00 to Station 0+75 L-9.734* Ext from Station 0+00 to Station 3+96.10 L-11953* from Station 0+00 to Station 3+82.37 1. Establish $20,377.00 as the sewer per acre charge for the Broadmoor Addition Sewer Main; and 2. Establish the basin boundaries for these per acre charges to be assessed with payment of the assessment to the Fort Worth Water Department. t was the consensus of the City Council that the recommendation be adopted. G-14752 There was presented Mayor and Council Communication No. G- Res. #3190-04- 14752 from the City Manager recommending that the City Council 2005 approve Resolution No. 3190-04-2005 adopting the amended Fort Amended Water Worth Water Conservation Plan. It was the consensus of the City Conservation Council that the recommendation be adopted. Plan G-14753 There was presented Mayor and Council Communication No. G- Ord. #16379-04- 14753 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16379-04-2005 amending Section 35-23 of the Amend Section City Code, "Emergency Authority" by adopting an amended 35-23 of the City Brought Contingency/Emergency Water Management Plan; Code, revising language in the ordinance to be consistent with state law; "Emergency amending provisions relating to implementation, penalties and Authority" by variances. It was the consensus of the City Council that the Adopting recommendation be adopted. Amended Drought Contingency/ Emergency Water Management Plan CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 49, 2005 PAGE 8 of 34 G-14754 There was presented Mayor and Council Communication No. G- Ord. #16380-04- 14754 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16380-04-2005 the Code of the City of Fork Amend Section Worth (9986), as amended, by amending Section 34-191, "Parking 34-991 of the Facility Operators' Responsibility" of Chapter 34, "Vehicles for City Code, Hire" to allow an exception to the requirement that an owner, "Parking Facility operator, agent or representative of a parking facility, other than Operators' the wrecker company, must be present or available at the site of a Responsibility of non-consent tow. Council Member Lane made a motion, seconded Chapter 34, by Council Member Haskin, that the recommendation be adopted. "Vehicles for The motion carried unanimously. Hire" G-14755 There was presented Mayor and Council Communication No. G- Res. #3191-04- 14755 from the City Manager recommending that the City Council 2005 adopt Resolution No. 31.91-04-2005 appointing the Advisory Board Appoint for the Fort Worth Public Improvement District No. 1 (Downtown), Advisory Board as follows: of Fort Worth Public Property Owner Representative Improvement District No. 1 Bass Interests Johnny Campbell (Downtown) Burnett Plaza Assoc. Jack Clark Crescent Real Estate Melissa Graham Radio Shack Nina Petty Pier 9 Ed Lasko Marriott(Worthington) Robert Jameson Firestone Ltd. Partnership Blake Pogue XTO Energy; Inc. Joy Webster PNL Fort Worth, LP David Porter Radisson Plaza Hotel Sonny Sra Cash America Leo Kennig Fort Worth.Plaza (Oil & Gas) Susan Fest Fort Worth Club Walter Littlejohn Star Telegram David ivory SBC Gary Terry SCI Roev Pat Henderson Mallick Tower, Inc. Dolores Knight Ron Investments Taylor Gandy Block 76181 Partners, LP Tony Landrum James D. Finley Jim Finley Oncor Electric Delivery Joe Thompson Wide Open Spaces, Etc. Tom Struhs Jones Street Enterprises, Etc. Dick McMullin CITY COUNCIL MEETING FORT WORTH; TEXAS APRIL 19, 2005 PAGE 9 of 34 St. Andrews Episcopal Church Rev. Stanley Maneikis Rattikin Title Jack Rattikin Johnson, Vaughn, & Heiskell Michael P. Heiskell Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14756 There was presented Mayor and Council Communication No. G- Condemnation 14756 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest in one permanent Drainage drainage easement described as a portion of land in the Moses Easement Walters Survey, Abstract No. 1598, across property owned by Boa Across Property Sorte, L.P., et al., located east of West Cleburne Road and south of Owned by Boa Crowley Cleburne Road in Southwest Fort Worth (DOE 4447), Sorte, L.P.,.etal. needed to enlarge a box culvert under West Cleburne Road that is proposed by the developer of Summer Creek; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14757 There was presented Mayor and Council Communication No. G- Ord. #16381-04- 14757 from the City Manager recommending that the City Council 2005 confirm the submission of a grant application in the amount of Grant $155,338.00 by the City Manager on April 8, 2005, for a one-year Application to grant from the Department of Homeland Security/Federal Department of. Emergency Management Agency's FY 2005 Assistance to Homeland Firefighters Grant Program; authorize the transfer of $38,834.00 as Security/Federal required for the City's 20 percent match from the General Fund to Emergency the Grants Fund; and adopt Appropriation Ordinance No. 76381-04- Management 2005 increasing estimated receipts and appropriations in the Agency for FY Grants Fund in the amount of $194,172.00, subject to receipt of the 2005 Assistance assistance to Firefighters Grant from the U.S. Department of to Firefighters Homeland Security/Federal Emergency Management Agency, for Grant the Fire Department. Council Member Picht made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. G-14758 There was presented Mayor and Council Communication No. G- Ord. #7638204- 94758 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept the Mayfest, Inc., proceeds of Donation from $85,400.00; adopt Appropriation .Ordinance No. 16382-04-2005 Mayfest, Inc. increasing the estimated receipts and appropriations in the Special CITY COUNCIL MEETING ]FORT WORTH, TEXAS APRIL 19, 2005 PAGE 10 of 34 Trust Fund in the amount of $85,400.00 from available funds, for the purpose of funding park and recreation purposes; and approve expenditures of$85,400.00. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve a permit for a High Impact gas well near Vineyards at Heritage Park, an undeveloped City Park located at North Tarrant Parkway and Highway 377. Mayor Monerief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. David Lunsford, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14759, as follows: G-14758 There was presented Mayor and Council Communication No. G- Approve Permit 14759 from the City Manager recommending that the City Council for High Impact grant the High Impact class gas well permit request near Vineyards Gas Well Near at Heritage Park, an undeveloped City park located at North Tarrant Vineyard at Parkway and Highway 377 by Antero Resources 1, LP, to allow the Heritage Park drilling of the B-4H and B-5H gas wells on the B-Pad at the Hames Ranch Lease, amended gas well case GW-003-027. Dee Finley Mr. Dee Finley, 777 Maim Street, Suite 3600, representing the applicant, appeared before Council in support of approving the permit. He briefed the Council on the scope of the project and presented a letter from the Parks and Community Services Department that reflected no opposition of a high impact permit. Council Member Haskin expressed concern with notification of the residents near the area of the drill. Mr. Finley stated that stated that property owners within 600 feet of the property had been notified. Council Member Haskin stated that there were not many people within 600 feet of the property and requested additional notification be made to residents beyond the 600 foot requirement. Assistant City Attorney Sarah Fullenwider stated that the applicant was required to post a notice of the project in the park and also post notice in the newspaper. She added that the applicant was in compliance with the City ordinance. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 19, 2006 PAGE 11 of 34 Steve Fontenot Mr. Steve Fontenot, 512 Main Street, Suite 401, appeared before Council in support of the permit. He stated that notices had been sent to neighborhood associations within a one-half mile radius of the well site. He stated that they had met all requirements of the ordinance and requested Council's favorable consideration. Mr. Bob Riley, Development Department Director, assured the Council that the applicant had complied with the City ordinance. He added that the City's drilling ordinance imposed noise level limitations and that the applicant was aware of the limitations. Council Member Haskin made a motion to continue this issue for one week to allow the applicant time to provide notice to residents beyond the 600-foot requirement. The motion failed for lack of a second. There being no one else present in connection with the public hearing to approve a permit for a High Impact gas well near Vineyards at Heritage Park, an undeveloped City Park located at North Tarrant Parkway and Highway 377, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14759 be adopted. The motion carried unanimously. Council Member Davis requested the City Manager have staff review the ordinance to ascertain if concerns raised by Council Member Haskin could be addressed and to see if the City's ordinance should be amended. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt a resolution designating the Wedgwood Square area as a Neighborhood Empowerment Zone and adopt an ordinance designating the Wedgwood Square area as Neighborhood Empowerment Reinvestment Zone Number 24. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Jason Hall, representing the Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14760, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 12 of 34 G-14760 There was presented Mayor and Council Communication No. G- Res. #3192-04- 14760 from the City Manager recommending that the City Council 2005 adopt Resolution No, 3192-04-2005 designating the Wedgwood Ord. #16383-04- Square area as a Neighborhood Empowerment Zone; hold a public 2005 hearing concerning the designation of the Wedgwood Square area Designate as Fort Worth Neighborhood Empowerment Reinvestment Zone Wedgwood Number 24; and adopt Ordinance No. 16383-04-2006 designating a Square Area as certain area in the City of Fort Worth as "Neighborhood Neighborhood Empowerment Reinvestment Zone Number 24, City of Fort Worth, Empowerment Texas". Reinvestment Zone Number 24 There being no one present in connection with the public hearing to adopt a resolution designating the Wedgwood Square area as a Neighborhood Empowerment Zone and adopt an ordinance designating the Wedgwood Square area as Neighborhood Empowerment Reinvestment Zone Number 24, Council Member Picht made a motion, seconded by Council Member Lane, that the public hearing be closed and Mayor and Council Communication No. G-14760 be adopted. The motion carried unanimously. P-10117 There was presented Mayor and Council Communication No. P- First Aid and 10117 from the City Manager recommending that the City Council Industrial Safety authorize a purchase agreement for first aid and industrial safety Supplies supplies with Saf T-Glove, Inc., for the City of Fort Worth based on the overall low discount percentage off the dealers' published price lists with payment due 30 days from the date of the invoice; authorize this agreement to begin April 19; 2005, and expire on April 18, 2006, with options to renew for two 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-10118 There was presented Mayor and Council Communication No. P- Streetlight Arms 10118 from the City Manager recommending that the City Council authorize a purchase agreement for streetlight arms with Structural & Steel Products, Inc., for the Transportation and Public Works Department based on best value with payment due 30 days after receipt of invoice and freight included in unit cost; authorize this agreement to begin April 26, 2005, and expire April 25, 2006, with options to renew for two 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 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 13 of 34 the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-10119 There was presented Mayor and Council Communication No. P- ©uctile Iron Pipe 10119 from the City Manager recommending that the City Council: 1. Authorize a purchase agreement for ductile iron pipe with multiple vendors for the Water Department based on the low bid of unit prices and payment due 30 days after receipt of invoice; Act Pipe & Supply Items 'I through 9 (Two percent discount if paid within 15 days) Municipal Water Works Items 10 and 11 Supply 2. Authorize this agreement to begin April 19, 2005, and expire April 18, 2006, with options to renew for two additional one- year periods; 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, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-10120 There was presented Mayor and Council Communication No. P- Carrier OEM 10120 from the City Manager recommending that the City Council HVAC Parts and authorize a purchase agreement for Carrier Original Equipment Units Manufacturer (OEM) Heating, Ventilation and Air Conditioning (HVAC) parts and units with Carrier North Texas and Oklahoma based on best value with 30 day payment terms; and authorize this agreement to begin April 19, 2005, and expire April 18, 2006, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 14 of 34 P-10121 There was presented Mayor and Council Communication No. P- Client Track 10121 from the City Manager recommending that the City Council System Software authorize the sole source purchase of Client Track System software from the documented sole source vendor, Shah Software, Inc., for the Parks and Community Services Department at a total cost not to exceed $44,880.00, with payment due within 30 days of the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-10122 There was presented Mayor and Council Communication No. P- Bullard Thermal 10122 from the City Manager recommending that the City Council Imagers and authorize the sole source purchase of three Bullard thermal Accessories imagers and accessories from Four Alarm Fire Equipment for the Fire Department for a total cost not to exceed $45,000.00, including freight cost to the receiving point with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. L-14058 There was presented Mayor and Council Communication No. L- Permanent. 14068 from the City Manager recommending that the City Council Sewer Line approve the acceptance of one permanent sewer line easement Easement described as a portion of the Franklin Huston Survey, Abstract No. 597, Denton County, Texas, from Chadwick Holdings, Ltd., for property located south of Litsey Road.and east of Old Denton Road in far North Fort Worth (DOE 4502), necessary for the construction, operation, maintenance and repair of sewer facilities to serve the Chadwick f=arms, Section 1 development, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14059 There was presented Mayor and Council Communication No. L- Purchase of 14059 from the City Manager recommending that the City Council Parcels of authorize the City Manager to approve the purchase of two parcels Property for of property described as C.C. White Survey, Abstract No. 1611, Highway Tarrant County, Texas, from Dos Gringos, Inc., for highway Improvements improvements to North Tarrant Parkway from IH35W to US 377 (DOE 3577), located on Old Denton Road east of IH35W, near the existing right-of-way of North Tarrant Parkway, for a purchase price of $276,500.00 plus estimated closing costs. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 15 of 34 L-14060 There was presented Mayor and Council Communication No. L- Sale of Tax- 14060 from the City Manager recommending that the City Council Foreclosed approve the sale of the tax-foreclosed property located at 936 Surplus - Hattie Street (E) Avenue, East 14' of Lot 14, Block 4 of the Union Property Depot Addition allowed by the Texas Property Tax Code Section 34.05 (DOE 920), to Lee Steil Weathers for the total cost of $2,609.00; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. It was the, consensus of the City Council that the recommendation be adopted. L-14061 There was presented Mayor and Council Communication No. L- Accept 14061 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one dedication deed described as a from Various portion of the John Steele Survey, Abstract No. 1381, Tarrant Owners County, Texas, from various owners for property located between FM 1187 and McAllister, west of IH-35W in South Fort Worth (DOE 4694), necessary for the Hemphill Street right-of-way to serve the Highpoint Hill subdivision development, Phase One, at no cost to the City. It was the consensus of the City Council that the recommendation be adopted. L-14062 There was presented Mayor and Council Communication No. L- Permanent 14062 from the City Manager recommending that the City Council Water.Main authorize the acquisition of three permanent water main easements Easements and and three temporary construction easements described as a Temporary portion of the John Baugh Survey, Abstract No. 115, and a.portion Construction of the Richard Crowley Survey, Abstract No. 313, all in Tarrant Easements County, Texas, from various owners for property located east of Jacksboro Highway and north of the West Fork Trinity River, northwest of the Central Business District (DOE 4120), needed for the construction of a 64-inch water main from the Holly Water Treatment Plant to Northside Drive, for a total cost of $57,350.01 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-14063 There was presented Mayor and Council Communication No. L- Permanent 14063 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Line Easements easements described as a portion of Lot 1 and a portion of Lot 2, Block 2, Golden Beach Marketplace, Tarrant County, Texas, for property located south of Golden Triangle Boulevard and east of Beach Street in North Fort Worth (DOE 4625), needed to extend an existing sewer line, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 16 of 34 L-14064 There was presented Mayor and Council Communication No. L- Permanent 14064 from the City Manager recommending that the City Council Sewer Line approve the acceptance of a permanent sewer line easement and a Easement and permanent water and access easement described as Lot DR, Block Permanent 1, Huguley Memorial Addition, Tarrant County, Texas, located in Water Main and South Tarrant County from Adventists Health System/Sunbelt, Inc., Access for a new development project (DOE 4822), needed to construct, Easement maintain, replace and repair water and sanitary sewer facilities for properties located at the intersection of Medpark Drive and Huguley Boulevard near Interstate 35, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14065 There was presented Mayor and Council Communication No. L- Release 14065 from the City Manager recommending that the City Council Abandonment of release an abandoned 50-foot wide public right-of-way described Public Right-of- as Jud Rowland Survey, Abstract No. 1365, Tarrant County, Texas, Way for property owned by Wal-Mart Stores Texas, L.P., a Texas Limited Partnership located west of Loop 820, north of Clifford Street in West Fort Worth (DOE 4078), conveyed to the City for right-of-way access to the property. It was the consensus of the City Council that the recommendation be adopted. L-14066 There was presented Mayor and Council Communication No. L- Action Deferred 14066 from the City Manager recommending that the City Council Until After authorize the City Manager to pay $29,164,230.00 to Edwards- Executive Geren, 'Ltd., in settlement of their claims for the taking of their Session property for the SH 121T (Southwest Parkway) project; and purchase for $29,164,230.00 six parcels (91-A, 91-8, 91-C, 91-D, 98- PT1 and 98-PT2) that are within the proposed project's right-of- way. City Manager Boswell requested that Council action on this issue to deferred until after the Executive Session. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the. recommendation. be deferred until after Executive Session. The motion carried unanimously. . L-14067 There was presented Mayor and Council Communication No. L- P ermanent 14067 from the.City Manager recommending that the City Council Easement authorize the conveyance of one permanent easement to TXU Electric Delivery Company to serve Harmon Park for a cost of $10.00; and authorize the City Manager to execute the appropriate CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 17 of 34 instruments. Council Member Wheatfall made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. PZ-2579 There was presented Mayor and Council Communication No. PZ- Ord. #16384-04- 2579 from the City Manager recommending that the .City Council 2005 adopt Ordinance No. 16384-04-2005 vacating and extinguishing a Vacate Portion portion of Bryce Avenue adjacent to the southeast corner of Lot 6- of Bryce Avenue R-1, Block D, Chamberlin Arlington Heights Addition, Tarrant Adjacent to County, Texas. Council Member Stevenson made a motion, Southeast seconded by Council Member Silcox, that the recommendation be Corner of Lot 6- adopted. The motion carried unanimously. R-1, Block D, Chamberlin Arlington Heights Addition PZ-2580 There was presented Mayor and Council Communication No. PZ- Denied 2580 from the City Manager recommending that the City Council adopt an ordinance vacating an excess portion of the western right-of-way of Merrick Street adjacent to the eastern boundary of Lot A, of revised Block 31, Chamberlin Arlington Heights, an addition to the City of Fort Worth, Tarrant County, Texas. Council Member Stevenson made .a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be denied. The motion carried unanimously. (Council Member Wheatfall stepped away from the dais.) PZ-2581 There was presented Mayor and Council Communication No. PZ- Res. #3193-04- 2581 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3193-04-2005 closing the northern 1,000 feet Close Portion of of McClure Street from the intersection of McClure Street and East McClure Street Butler Street (VA-05-008) located in the Weisenberger Sunny Hill from Gardens between Lot 12, Block 2, and Lot 13, Block 21. Council Intersection of Member Davis made a motion, seconded by Mayor Pro tempore McClure Street McCloud, that the recommendation be adopted. The motion and East Butler carried unanimously. (VA-05-008) Council Member Davis expressed appreciation to City staff for all their work on this issue. CITY COUNCIL MEETING FORT WORTH,.TEXAS APRIL 19, 2006 PAGE 18 of 34 C-20658 There was presented Mayor and Council Communication No. C- Peachtree 20658 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd. Construction, Ltd., in the amount of $817,867.50 for 80 working days for HMAC Surface Overlay 2005-9 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-20659 There was presented Mayor and Council Communication No. C- Ord. #16385-04- 20669 from the City Manager recommending that the City Council 2006 authorize the transfer of $30,038.00 from the Water and Sewer Amendment#1 Operating Fund to the Water Capital Project Fund in the amount of to CSC #30321 - $8,894.00 and the Sewer Capital Project Fund in the amount of LopezGarcia $21,144.00, adopt Appropriation Ordinance No. 16385-04-2005 Group, Inc. increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $8,894.00 and the Sewer Capital Project Fund in the amount of $21,144.00 from available funds for the purpose of funding Amendment No. 1 to City Secretary Contract No. 30321 with LopezGarcia Group, Inc., for additional design and survey services; and authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 30321 with LopezGarcia Group, Inc., in the amount of $30,038.00, to provide for additional design and survey services, thereby increasing the contract amount to $154,147.00, for Water and Sanitary Sewer Replacement Contract 2004 STM-B. It was the consensus of the City Council that the recommendation be adopted. C-20660 There was presented Mayor and Council Communication No. C- Ord. #16386-04- 20660 from the City Manager recommending that the City Council 2005 authorize the transfer of $67,873.50 from the Water and Sewer Turner Collie & Operating Fund to the Water Capital Project Fund in the amount of Braden, Inc. $31,692.00 and the Sewer Capital Project Find in the amount of $36,181.60; adopt Appropriation Ordinance No. 16386-04-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $31,692 and the Sewer Capital. Project Fund in the amount of $36,181.50 from available funds for the purpose of funding an Engineering Agreement with Turner Collie & Braden, Inc., for pavement reconstruction and water and sanitary sewer replacement on Provine Street (Ederville Road to Normandy Road), Norma Street (North Hughes Avenue to North Edgewood Terrace), and Morris Court (Rand Street to East Dead End); and authorize the City Manager to execute an Engineering Agreement with Turner Collie & Braden, Inc., in the CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 19 of 34 amount of $122,222.40 for pavement reconstruction and water and sanitary sewer main replacement on Provine Street (Edervilie Road to Normandy Road), Norma Street (North Hughes Avenue to North Edgewood Terrace), and Morris Court (Rand Street to East Dead. End) (City Project No. 00170). It was the consensus of the City Council that the recommendation be adopted. C-20661 There was presented Mayor and Council Communication No. C- Ord. #16387-04- 20661 from the City Manager recommending that the City Council 2005 authorize the transfer of $61,684.00 from the Water and Sewer McClendon Operating Fund to the Water Capital Project Fund in the amount of Construction $30,842.00 and Sewer Capital Project Fund in the amount of Company, Inc. $30,842.00; adopt Appropriation Ordinance No. 16387-04-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $30,842.00 and the Sewer Capital Project Fund in the amount of $30,842.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc. for construction of the 2004 CIP Minor Drainage Contract H, Meadowbrook Hills Improvements; and authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $322,916.45 for 60 working days for construction of the 2004 CIP Minor Drainage Contract H, Meadowbrook Hills Improvement. It was the consensus of the City Council that the recommendation be adopted. C-20662 There was presented Mayor and Council Communication No. C- Ord. #16388-04- 20662 from the City Manager recommending that the City Council 2005 authorize the transfer from the Water and Sewer Fund to the Water Westhill Capital Project Fund in the amount of $429,300.00, adopt Construction, Appropriation Ordinance No. 16388-04-2005 increasing estimated Inc. receipts and appropriations in the Water Capital Project Fund in the amount of $429,300.00 from available funds for the purpose of funding a contract with Westhill Construction, Inc., for Utility Cut Repair Contract 2005; and authorize the City Manager to execute a contract with Westhill Construction, Inc., in the amount of $400,000.00 for 365 calendar days for completion of Utility Cut Repair Contract 2005. It was the consensus of the City Council that the recommendation be adopted. C-20663 There was presented Mayor and Council Communication No. C- Texas Christian 20663 from the City Manager recommending that the City Council University authorize the City Manager to execute a Sub-Lease Agreement with Texas Christian University for approximately 1,600 square feet of CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 20 of 34 office space located at 2900 West Berry Street, for the Police Department, at a cost of $1.00 per year; and authorize the agreement to begin March 1, 2005, and expire on February 28, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20664 There was presented Mayor and Council Communication No. C- Tarrant County 20664 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement to acquire two live scan inkless fingerprint system$ and network security f rewalls from Tarrant County at no cost to the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-20665 There was presented Mayor and Council Communication No. C- Res. #3194-04- 20665 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3194-04-2005 abating the ratemaking TXU Electric proceeding against. TXU Electric Delivery Company and ratifying Delivery the Settlement Agreement between the Steering Committee of Company Cities served by TXU and TXU Electric Delivery Company. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20666 There was presented Mayor and Council Communication No. C- Ord. #16389-04- 20666 from the City Manager recommending that the City Council: 2005 Ord. #16390-04- 1. Authorize the City Manager to transfer $985,000.00 from the 2005 Water and Sewer Fund to the Contract Street Maintenance Ord. #16391-04- Fund; and 2005 AMEC Earth & 2. Adopt Appropriation Ordinance No. 16389-04-2005 Environmental, increasing estimated receipts and appropriations in the Inc. Contract Street Maintenance Fund in the amount of $185,000.00 from available funds for the purpose of funding a contract .with AMEC Earth & Environmental, Inc., for Phase 2 of the Comprehensive Storm Water Management Study; 3. Adopt Appropriation Ordinance No. 16390-04-2005 increasing estimated receipts and appropriations in the Environmental Management Operating Fund in the amount of $370,000.00 and decreasing the Unreserved Retained Earnings by the same amount, for the purpose of CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 21 of 34 transferring said funds to the Environmental Management Project Fund; 4. Authorize the City Manager to transfer $370,000.00 from the Environmental Management Operating Fund to the Environmental Management Project Fund; 5. Adopt Appropriation Ordinance No. 16391-04-2005 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $370,000.00 from available funds, for the purpose of funding a contract with AMEC Earth & Environmental, Inc., for Phase 2 of the Comprehensive Storm Water Management Study; and 6. Authorize the City Manager to execute a contract with AMEC Earth & Environmental, Inc., in the amount of $740,000.00 for Phase 2 of the Comprehensive Storm Water Management Study. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20667 There was presented Mayor and Council Communication No. C- Terminate CSC .20667 from the City Manager recommending that the City Council #26440 — Latin authorize the City Manager to terminate City Secretary Contract No. Arts Association 26440 and to negotiate and execute a new lease agreement with the of Fort Worth Latin Arts Association of Fort Worth for three years with two one- year options to renew for management services of the Roseland .Theater and the Annex Building located at 11440 and 1444 North Main Street, Fort Worth. Council Member Lane stated that Council action would change the present lease agreement to allow the Latin Arts Association to manage both structures. He added that Congresswoman Kay Granger was instrumental in making this happen and expressed appreciation for her support. He also expressed appreciation to the Latin Arts Association for all their work. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 22 of 34 Second Public It appeared that the City Council set today as the date for the Hearing for second public hearing for a proposed City initiated full purpose Proposed City annexation of 6.9 acres of land in Denton County, located Initiated Full approximately one mile west of FM 156, being a portion of the State Purpose Highway 114 right-of-way (AX-05-004). 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 County, Located Ms. Allison Gray, representing the Development Department, Approximately appeared before Council, gave a staff report and stated that One Mile West of institution and adoption of the annexation ordinance would be FM 156, Being a scheduled for May 10, 2005. Portion of State Highway 114 There being no one present in connection with the second public Right-of-Way hearing for a proposed City initiated full purpose annexation of 6.9 (AX-05-004) acres of land in Denton County, located approximately one mile west of FM 156, being a portion of the State Highway 114 right-of- way (AX-05-004), Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing for second public hearing for a proposed voluntary full purpose Proposed annexation of approximately 1.9 acres. of land in Tarrant County, Voluntary Full located south of Golden Triangle Boulevard and west of Alta Vista Purpose Road (AX-05-005, Golden Triangle Addition). Mayor Moncrief Annexation of opened the public hearing and asked if there was anyone present Approximately: desiring to be heard. 1.9 Acres of Land in Tarrant Ms. Allison Gray, representing the Development Department, County, Located appeared before Council, gave a staff report and stated that South of Golden institution and adoption of the annexation ordinance would be Triangle scheduled for May 10, 2005. Boulevard and West of Alta. Mr. Jeff Mannon, 1501 Merrimac Circle, Suite 100, Dunaway and Vista Road Associates, representing the property . owner, appeared before (AX-05-005; Council in support of the voluntary annexation. Golden Triangle Addition) Jeff Mannon CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 23 of 34 There being no one else present in connection with the second public hearing for a proposed voluntary full purpose annexation of approximately 1.9 acres of land in Tarrant County, located south of Golden Triangle Boulevard and west of Alta Vista Road (AX-05-005, Golden Triangle Addition), Council Member Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing for second public hearing for a proposed voluntary full purpose Proposed annexation of 213.34 acres of land in Denton County, located Voluntary Full approximately one mile west of FM 156, north of State Highway 114 Purpose (AX-05-001, River's Edge). Mayor Moncrief opened the public Annexation of hearing and asked if there was anyone present desiring to be 213.34 Acres of heard. Land in Denton County, Located Ms. Allison Gray, representing the Development Department, Approximately appeared before Council, gave a staff report and stated that One Mile West of institution and adoption of the annexation ordinance would be FM 156, North of scheduled for May 10, 2005. State Highway 114 (AX-05-001, Council Member Picht expressed concern relative to the availability River's Edge) of fire and police services to the annexed areas. He requested he be provided a report on when the City projected these services would be available to the newly annexed areas. There being no one else present in connection with the second public hearing for a proposed voluntary full purpose annexation of 213.34 acres of land in Denton County, located approximately one mile west of FM 156, north of State Highway 114 (AX-05-001, River's Edge), Council Member Lane made a motion, seconded by Council Member Haskin, that the public hearing be closed. The motion carried unanimously. (Council Member Wheatfall returned to his chair at the dais.) 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, March 28, 2005. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL.19,2005 PAGE 24 of 34 ZC-05-001 Mayor Pro tempore McCloud requested that Council action on the Action .Deferred application of Aldis M. Petite for a change in zoning of property Until After located at 300 E. Hattie Street from "D" High Density Multi Family Executive to "MU-1" Low Density Mixed Used, Zoning Docket No. ZC-05-009, Session be deferred until after the Executive Session. Aldis Petite Ms. Aldis M. Petite, 7300 Natalie Drive, applicant for the zoning change, appeared before Council in support of the zoning change. She informed the Council that she was trying to start a small business and requested their favorable consideration. Charles Mr. Charles Edmonds was recognized by Mayor Moncrief as being Edmonds. in opposition of the zoning change, but was not present in Council Chamber to speak. Linda Claytor Ms. Linda Claytor, 2803 Black Oak Lane, Arlington, Texas, appeared before Council in opposition of the zoning change. She stated that property and business owners in this area would be adversely.affected by the zoning change. She added that the area was largely vacant with no neighborhood to serve and that delinquent property taxes had not been paid. She requested that the Council deny the zoning change. Mayor Moncrief stated that Council would take appropriate action after the Executive Session. (Council Member Picht stepped away from the dais.) ZC-05-058 It appeared that the City Council set today as the date for a hearing Delayed Until for Zoning Docket No. ZC-05-058, Text Amendment concerning After Executive front yard setbacks. Mayor Moncrief asked if there was anyone Session present desiring to be heard. Greg Bookins Mr. Greg Bookins, 857 Thomas Crossing Drive, appeared before Council in support of the text amendment. He informed the Council that he was building a house and how the present setback requirements negatively impacted the building of his new home in a neighborhood comprised of. older and historical homes. He requested Council's favorable . consideration of the text amendment. (Mayor Pro tempore McCloud stepped away from the dais.) (Council Member Picht returned to his chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 25 of 34 Marty Craddock Ms. Marty Craddock, 4904 Dexter, appeared before Council in opposition of the text amendment. She requested that the Council return the text amendment to the City Zoning Commission to see if a compromise could be reached relative to front yard setbacks. (Mayor Pro tempore McCloud returned to his chair at the dais.) Assistant City Manager Dale Fisseler briefed the Council on the background of the text amendment and suggested the Council delay action until after the Executive Session to allow him the opportunity to meet with Ms. Craddock and address her concerns. Mayor Moncrief stated that action on Zoning Docket No. ZC-05-058 would be delayed until after the Executive Session. ZC-05-066 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Walsh Ranches Limited Partnership for a change in zoning of property located north of Aledo Iona Road from "MU-2" High Intensity Mixed Use to "PD/SU" Planned DevelopmentlSpecific Use for all uses in the MU-2 District as outlined in the September 30, 2003, Comprehensive Zoning Ordinance, with a minimum of 20-foot front yard setback and minimum block length of 500 feet, maximum block length of 1,500 feet, with 20 percent of the minimum block length between 200 and 500 feet, and waiver of site plan recommended, Zoning Docket No. ZC-05-066, be approved by amending the last sentence to add "...allowed to be..." after the phrase "...20 percent of the Block length." The motion carried unanimously. ZC-05-067 Mr. Ernest M. Artiz, P. O. Box 580361, Houston, Texas, representing SP-05-015 the applicant, appeared before Council in support of the zoning Continued Until change. He responded affirmatively to Council Member Wheatfall's May 10, 2005 inquiry relative to meeting with neighborhood associations to address their concerns. Council Member Haskin requested delaying this item to the May 10, 2005 Council meeting to meet with the applicant and residents near this area. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that the application of PLR Properties for a change in zoning of property located at 3.120 Precinct Line Road from "K" Heavy Industrial to "PDISU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 26 of 34 recycling facility and co-generation for electric power, and site plan required, Zoning Docket No. ZC-05-067 and Site Plan No. SP-05- 015, be continued until May 10, 2005. The motion carried unanimously. Council Members Lane and Stevenson stepped away from the dais.) ZC-06-068 Council Member Silcox made a motion, seconded by Council Approved Member Picht, that the application of Village @ Camp Bowie 1, LP, for a change in zoning of property located at 6313 Sunset Drive from "MU-2" High Density Mixed Use to "PDISU" Planned Development/Specific Use for all uses in "MU-2" High Density Mixed Use, plus outdoor Farmers Market, and waiver of site plan recommended, Zoning Docket No. ZC-05-068, be approved. The motion carried unanimously. ZC-05-076 Council Member Haskin inquired if this development would be Delayed Until something unique, such as a senior citizen project, or 350 more After Executive apartment units being added for a total of 2,644 units in the area. Session (Council Member Lane returned to his chair at the dais.) Dixon Holman. Mr. Dixon R. Holman, 1201 West.Abram Street, Arlington, Texas, stated that the development would be a multi-family project. He added that his would be a high quality project. There was further discussion with Council Member Haskin on the site plan of this development,,which was not required, and whether it was a tax credit project. Council Member Haskin added her concerns for the number of multi-family units in one area and that she wanted to see a good mix of uses. (Council Member Stevenson returned to his chair at the dais.) Council Member Davis asked staff if this development was in a mixed-use growth center. - To allow Planning Department staff an opportunity to respond, Mayor Pro tempore McCloud made a motion, seconded by Council .Member Davis, that the application of PSA Joint Venture for a change in zoning of property located at the 4300 through 4500 block of Old Decatur Road from "F" General Commercial to "C" Medium Density Multi Family, Zoning Docket No. ZC-06-075, be CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2006 PAGE 27 of 34 delayed until after the Executive Session. The motion carried unanimously. ZC-05-079 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Robert Pulido for a change in zoning of property located at 4855 South Freeway from "E" Neighborhood Commercial to "PDISU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial, plus bus passenger pickup facility, and waiver of site plan recommended, Zoning Docket No. ZC-06-079, be approved. The motion carried unanimously. ZC-05-029 It appeared that the City Council, at its meeting of March 24, 2005, SP-05-008 set today as the date for a special hearing of the application of Continued for Henry Lopez for a change in zoning of property located at 289 One Week Northeast 35th Street from "K" Heavy Industrial to "PDISU" Planned DevelopmentlSpecifc Use for all uses in the "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. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He briefed the Council on operation of the recycling facility, advised of the recent test that had occurred on the property, and assured the Council that misters would preclude dust from emanating from the machines. He alleged that the petitions circulated by the opposition's representative contained alarming and inaccurate information. George Haratsis Mr. George Haratis, 777 Main Street, Suite 1300, appeared before Council in opposition of the zoning change. He showed a video of the operation where wood material was crushed and loaded on trucks. He implied that the test was controlled and not a test of the proposed operation on this site or showed the large amount of dust that would be produced. He stated that the dust would negatively impact the business of a nearby tortilla factory and that the zoning change was not a good use of the land. He added that tests conducted on the equipment showed emission of dust particles exceeded the 5 percent allowed and requested the Council deny the zoning change. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 28 of 34 Mr. Brian Boerner, Environmental Management Department Director, advised Council that a City staff member was present during testing of the equipment on April 7, 2005. He stated that the test material was clean lumber and that the staff member did not observe any violations and he believed emissions could be controlled from observing the testing. He added that if the facility was found to be in violation if allowed to operate, the violation had to be corrected or operations ceased. A lengthy discussion ensued amongst staff and Council. There being no one else present desiring to be heard in connection with the application of Henry Lopez, Council Member Lane made a motion, seconded by Council Member Stevenson, that Zoning Docket No. ZC-05-029 and Site Plan No. SP-05-008 be continued for one week. The motion carried unanimously (Council Member Picht stepped away from the dais.) Citizen Mr. Gary Ivory, 112 Northwest 24th Street, appeared before Council Presentations relative to youth gang intervention. He provided Council with a Gary Ivory history of the Tarrant County Youth Advocate Program and outlined some of their successes. He responded to Council Member Wheatfall's inquiry relative to program funding by stating they. received funding from the Tarrant County Commissioners' Court and the Texas Juvenile Commission. Council Member Wheatfall asked Assistant City Manager Joe Paniagua to meet with Mr. Ivory to see if the Boys and Girls Club could integrate their program at the facilities. Harold D. Mayor Moncrief recognized Mr. Harold D. Hammett, 900 Monroe Hammett Street, Suite 300, but he was not present in the Council Chamber to address Council relative to delinquent property tax collection contract RFP. City Attorney Yett.stated that Mr. Hammitt had been contacted and that the issued had been resolved. (Council Member Picht returned to his chair at the dais.) Francisco Mr. Francisco Hernandez, .2108 Alston Avenue, appeared before Hernandez Council. in support of hiring more detectives for the Police Department. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2©05 PAGE 29 of 34 Jeanne Ms. Jeanne Strickland, P. O. Box 3182, appeared before Council Strickland relative to the poor condition of a duck pond at Trinity Park and the PNS Night Shelter. Mr. Randle Harwood, Parks and Community Services Acting Department Director, briefed Council that the pond had been cleaned earlier in the year. He added that work was being done at the pond to repair a leak. Mayor Moncrief returned to Zoning Docket ZC-05-075 and stated it would be heard at this time. ZC-05-075 Council Member Davis asked Mr.` 'Fernando Costa, Planning Approved Department Director, why there was such a large number of multi- family units located within a one mile area of this development. Mr. Costa stated that the area was in a'mixed use growth center known as the Marine Creek Growth Center and located near Tarrant County College West. He added that the proposed development was a consistent use for the area. Council Member Stevenson called for the question, seconded by Council Member Wheatfall. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None Council Member Lane made a motion, seconded by Council Member Wheatfall, that the application of PSA Joint Venture for a change in zoning of property located at the 4300 through 4500 block of Old Decatur Road from "F" General Commercial to "C" .Medium Density Multi Family, Zoning Docket No. ZC-05-075, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 30 of 34 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None 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 Lane made a motion, seconded by Council Member. Stevenson, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16392-04-2005 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. Executive It was. the consensus of the City Council that they recess into Session Executive Session at 1:16 p.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: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 31 of 34 a) Stephanie Dukes, et al. vs. Phillip Johnson, et al., Cause No. 141-207538-04; b) City of Fort Worth v. Cleopatra Investments, Ltd., City of Fort Worth, Fort Worth Independent School District, and Tarrant County, Texas, No. 2005 030005-1; c) Jason Barden v. CFW and Allan Shepard, Cause No. 342-207110-04; d) Legal issues regarding the claims concerning the death of Mirna Dominguez and Fernando Vitolas; e) Legal issues concerning the regulation of sexually oriented businesses; f) Legal issues concerning the Southwest Parkway (S.H. 121T); g) Legal issues concerning ten hour days for Police Department employees; h) 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 551.072 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 4: Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate concerning the performance evaluations of the following City Council appointed officials in accordance with Section 561.074 of the Texas Government Code: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 32 of 34 (a) City Manager (b) City Attorney (c) City,Secretary (d) City Auditor The City Council reconvened into regular session at 1:35 p.m. ZC-05-001 Mayor Pro tempore McCloud made a motion, seconded by Council Denied Member Silcox, that the application of Aldis M. Petite for a change in zoning of property located at 300 E. Hattie Street from "D" High Density Multi Family to "MU-1" Low Density Mixed Used, Zoning Docket No. ZC-05-001, be denied. The motion carried unanimously. Mayor Moncrief returned to Zoning Docket No. ZC-05-001 and stated it would be considered at this time. ZC-05-068 It appeared that the City Council set today as the date for a hearing Ord. #16393-04- for Zoning Docket No. ZC-05-058, Text Amendment concerning 2005 front yard setbacks. Mayor Moncrief asked if there was anyone Text Amendment present desiring to be heard. Approved Mr. Fernando Costa, Planning Department Director, recommended the ordinance be amended as follows: SECTION 1. Chapter 6, Article 1 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 6.101, "Yards," is amended by requiring that the setback shall be the greatest of three prescribed setbacks and adding an alternative minimum setback for infill structures in certain circumstances to read as follows: 6.101 Yards D. Front Yard Setbacks The front yard setback in residential districts shall be the greatest of the following prescribed setbacks: 1. The platted building line., 2. The setback for the applicable zoning district; or 3. The setback of the nearest building on either side that is closest to the street up to a maximum setback of 50 feet, provided that. said setback is not the result of a variance granted by the Board of Adjustment. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2005 PAGE 33 of 34 Where 60 percent of the existing block face has been built such that the setbacks of existing structures are less than the minimum required setback, an infill structure. may be constructed consistent with the setback of the nearest building on either side that is closest to the street, regardless of whether or not said setback is the result of a variance granted by the Board of Adjustment. All other subsections of Section 6.101. "Yards" shall remain in full force and effect. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, and Zoning Docket No. ZC-05-058 be approved, and the following ordinance be adopted: ORDINANCE NO. 16393-04-2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SUBSECTION D "FRONT YARD SETBACKS" OF SECTION 6.101D "YARDS" TO CHANGE THE FRONT YARD SETBACK TO THE NEAREST BUILDING ON EITHER SIDE AND TO ALLOW INFILL STRUCTURES TO BE CONSTRUCTED CONSISTENT WITH THE SETBACK OF THE NEAREST BUILDING ON EITHER SIDE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Recessed/ The City Council recessed into Executive Session at 1:36 p.m. and Reconvened reconvened into regular session at 2.15 p.m. with Council Members Lane and Wheatfall absent. L-14066 There was presented Mayor and Council Communication No. L- Right-of-Way 14066 from the City Manager recommending that the City Council pay $29,164,230.00 to Edwards-Geren, Ltd., in settlement of their claims for the taking of their property for the SH 121T (Southwest Parkway) project; and purchase for $29,164,230.00 six parcels (91- A, 91-13, 91-C, 91-D, 98-PT1 and 98-PT2) that are within the proposed project's right-of-way. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 19, 2006 PAGE 34 of 34 Assistant City Manager Marc Ott advised that under the Tri-Party Agreement, the City is responsible for acquiring 132 acres and TxDOT.is responsible for acquiring 54 acres. The City and TxDOT agreed it would be in the best interest of both parties to let the City negotiate the acquisition of the 186 acres and the City would be reimbursed from TxDOT for their obligation. Therefore, City staff seeks Council authority to close the transaction for $29,164,230.00. Of the $29,164,230.00 compensation to be paid to EGL, TxDOT is obligated 1) to pay $12,409;896.00 for the 54 acres which is their obligation under the Tri-Party agreement; and 2) reimburse the City for 80 percent of the $16,754,335.00 balance according to the reimbursement agreement. Thus, after reimbursement from TxDOT, the net cost to the City of its obligation will be $3,350,867.00. Council Member Haskin requested clarification on whether the land was currently on the City's tax roll and the value of the land donation. Mr. Ott advised that the southern portion of the property was on the tax roll and the donation was estimated at$6.2 million. Council Member Silcox advised that the property owner had held this property from development for 43 years until the roadway project had been determined. Council Member Silcox . made a motion, seconded by Council Member Davis, that the recommendation be adopted with a letter of appreciation to the Edwards family for the donation of land. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 2:20 p.m. in memory of Ernie Pyles. These minutes approved by the Fort Worth City Council on the 26th day of April, 2004. Attest: Ap4J. s Marty Hend Miri City Secretary Mayor