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Home My WebLink About2005/05/10-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 Date & Time On the 10th day of May, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:10 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Clyde Picht was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Raul Gutierrez, Arlington Heights United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of May 3, 2005, were approved unanimously. Special Council Member Lane presented a Proclamation for Fort Worth Presentations Cats Baseball Week to Mr. Carl Bell, owner of the Fort-Worth Cats. He also acknowledged the commitment Assistant City Attorney Peter Vaky and Tom Higgins, Economic and Community Development Department Director, gave to the LaGrave Redevelopment project. Mr. Bell expressed appreciation for the proclamation and for the Council's support over the years. He stated that the Cats opening game would be on May 13, 2005 .at 7:05 p.m. and that festivities would begin at 11:15 a.m. with a parade downtown Fort Worth. He added that the parade occurring on opening day was the first since 1952 and invited everyone to come out to the parade and game. He further stated that tickets could be purchased by phone and on the Cats website. Mr. Bell presented his wife Linda and stated that she was a volunteer puppy walker and she was training a dog to be a future guide dog. He added that twelve puppy walkers and their dogs would be recognized during the Cats game on Sunday as part of the Cats appreciation of community volunteers. (Council Member Picht assumed his chair at the dais.) Council Member Silcox presented a Proclamation for Motorcycle Safety and Awareness Month to Mr. Charles Dettenquart, Fort Worth Motorcycle Club. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 2 of 32 Most Honorable Grand Master Elmer Murphy III, Grand Lodge of Texas of Cooke-Peavy Masonic Lodge Number 1162, presented the 2005 Community Builder Award ' to ` Mayor Moncrief. Mayor Moncrief accepted the award on behalf of the entire City. (Council Member Wheatfall stepped away from the dais.) Announcements Council Member Picht reminded everyone of the letter he had recently received from the Director of the National Museum of the Air Force to move the B-36 aircraft to `another location for preservation. He read a few passages from the book "Magnesium Overcast" which provided a history of the B-36 and encouraged everyone to read the book and learn the history of the aircraft. He added that the aircraft was worth keeping in Fort Worth. Mayor Moncrief acknowledged several Boy Scouts from Troop 326 in the audience who were attending the Council meeting working on their Citizenship in the Community badges. The scouts introduced themselves and stated which school they attended. Mayor Moncrief stated that the troop consisted of scouts from Districts 4, 7, and 9, respectively. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. G-14786, C-20712, C-20715, C-20716, and C- 20719, be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Item XI and Mayor and Withdrawn By Council Communication Nos. G-14769, G-14770, C-20681, C-20715, Staff and C-20716 'be withdrawn; that C-207`24 and Zoning Docket No. ZC-05-045 be continued until May 17, 2005; and that C-20712 be continued until May 24, 2005. Consent Acienda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, 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. Resolution for It was the consensus of the City Council that the Resolution Right-of-Way Relating to the City of Fort Worth's Position of Right-of-Way Compensation Compensation and Local Cable Franchises, be withdrawn. and Local'Cable Franchises Withdrawn CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 3 of 32 Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1484 There was presented Mayor and Council Communication No. OCS- Claims 1484 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14769 It was the consensus of the City Council that Mayor and Council Withdrawn. Communication No. G-14769, Authorize Acceptance of a Donation of Automated External Defibrillators from Cardiac Science, be Withdrawn. G-14769 It was the consensus of the City Council that Mayor and. Council (Amended) Communication No. G-14769 (Amended), Authorize Acceptance of Withdrawn a Donation of Automated External Defibrillators from Cardiac Science, be withdrawn. G-14770 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14770, dated April 26, 2005, Adopt an Ordinance Adjusting the Authorized Civil Service Staffing in the Fire Department by Adding One Fire Engineer Position, be withdrawn. G-14781 There was presented Mayor and Council Communication No. G- Settlement of 14781 from the City Manager recommending that the City Council Lawsuit Entitled approve the settlement of a lawsuit entitled Jason Barden vs. City Jason Barden of Fort Worth and Allan Shepard, Cause Number 342-207110-04; vs. City of Fort. authorize the payment of $100,000.00 in settlement of the .Worth and Allan referenced suit, made payable to "Jason Barden and his attorney, Shepard, Cause Rick Powell"; and authorize the appropriate City personnel to #342-207110-04 execute any release and agreement necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-14782 There was presented Mayor and Council Communication No. G- Ord. #16416-05- 14782 from the City Manager recommending that the City Council 2006 adopt Appropriation Ordinance No. 16416-05-2005 increasing Transfer Funds estimated receipts and appropriations . in the Contract Street Transportation Maintenance Fund in the amount of $622,572.75 from a Fort Worth Authority for FY Transportation Authority receivable for the purpose of funding a' 2004-2005 Street portion of the Fiscal Year 2004-2005 Street Maintenance program. Maintenance It was the consensus of the City Council that the recommendation Program be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 10 2005 PAGE 4 of 32 G-14783, There was presented Mayor and Council Communication No. G- Verify Historic 14783 from the City Manager recommending that the City Council Site Tax approve the application for verification of the Historic Site Tax Exemption for Exemption on the land for the rehabilitation of the Highly 1212 East Significant Endangered Structure at 1212 East Lancaster Avenue. Lancaster It was the consensus of the City Council that the recommendation Avenue be adopted,. G-14784 There was presented Mayor and Council Communication No. G- Condemn 14784 from the City Manager recommending that the City Council Properties on declare the necessity of taking an interest in the three properties West Side of on the west side of Fort Worth Meacham International Airport for Fort Worth the Noise Mitigation Program (DOE 3932), and authorize the City Meacham Attorney to institute condemnation proceedings to acquire interest International in the properties all located in the Worth Hills Addition listed Airport for Noise below: Mitigation Program Owner Address Legal Description C. M. Moffett 3406 Chestnut Ave. Lot 17, Block 5 Lillie Chappel 3407 Chestnut Ave. Lot 4, Block 4 . Willis Joyner 1014 NW 36.1h Lot 22, Block 1 It was the consensus of the City Council that the recommendation . be adopted. G-14785 There was presented Mayor. and Council Communication No. G- Condemn 14785 from the City Manager recommending that the City Council Properties on declare the necessity of taking an interest in the seven properties West Side of - : on the west side of Fort Worth Meacham International Airport.for Fort.Worth the Noise Mitigation Program (DOE 3932), and authorize the City Meacham Attorney to institute condemnation proceeding to acquire the International interest in the properties listed below: Airport for Noise - Mitigation Owner Address Legal Description Program Shirley Sneed . 3306.Pearl Ave. Lot C, Block 8, Worth Hills Addition Joseph Yammine 3321 Pearl Ave. Lot 15, Block 8, Worth., Hills Addition Joseph Yammine 3323 Pearl Ave. Lot 12, Block 91 Worth Hills Addition' Tony Smith 3303 Pearl Ave. Lot 2, Block 9, Worth Hills Addition` CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 5 of 32 Ataliah Zitoon 3410 Chestnut Ave. Lot 15, Block 5, Worth Hills Addition Ataliah Zitoon 3514 Chestnut Ave. Lot 3, Block 4, Airport Acres Addition Wally Yammine 1012 NW 3W" Lot 23, Block 1, Airport Acres Addition It was the consensus of the City Council that the recommendation be adopted. G-14786 There was presented Mayor and Council Communication No. G- Ord. #16477-05- 14786 from the City Manager recommending that the City Council: 2005 2005 Byrne 1. Authorize the City Manager to apply for and accept, if Formula Grant awarded, a grant from the Governor's Office, Criminal for Special Justice Division in the amount of$.194,849.00; Narcotics Team 2. Authorize the City Manager to designate an Assistant City Manager as the authorized official to accept, reject, or alter the grants, if awarded; 3. Authorize the City Manager to transfer $9,938.00 from the Federal Awarded Assets Fund and $55,015.00 from the State Awarded Assets Fund to the Grants Fund for the City's match; and 4. Adopt Appropriation Ordinance No. 16417-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $259,802.00, subject to receipt of the grant from the Governor's Office, Criminal Justice Division, for the purpose of funding a Special Narcotics Team in the Police Department. City Manager Boswell stated that paragraph 1 of the Recommendation section of the M&C needed to be amended to replace "...a grant..." with "...the 2005 Byrne Formula Grant..." Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G- 14786 be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH TEXAS MAY 103 RAGE 6 of 32 G-14787 There was presented Mayor and Council Communication No. G- Negotiate 14787 from the City Manager recommending that the City Council Permanent Water declare the necessity of taking an interest in two permanent water Line Easements line easements and two temporary construction easements and Temporary described as a portion of land in the W.M. Robinson Survey, Construction Abstract No. 1310, Tarrant County, Texas, across property owned Easements by Betty Rosen Weil, et al., located in northwest Fort Worth; Across Property authorize James Daniels & Associates, Inc., to negotiate an Owned by Betty agreement to acquire the necessary interest in the land; and Rosen Weil, et authorize the City Attorney to institute condemnation proceedings al., Located in to acquire the interest in the land if the negotiations fail to reach an Northwest Fort agreement. It was the consensus of the City Council that the Worth recommendation be adopted. G-14788 There was presented Mayor and Council Communication No. G- Negotiate 14788 from the City MaInager recommending that the City Council Permanent Water declare the necessity of taking an interest in one permanent water Line Easement tine easement and one temporary construction easement and Temporary described as a portion of. land in the B.B.B. & C.R.R. Company Construction Survey, Abstract No. 220, Tarrant County, Texas, across property Easement Across owned by Colleen Edwards Geren and Cass O. Edwards 11, located Property Owned by Colleen in northwest t=ort Worth; authorize James Daniels & Associates, Edwards Geren Inc., to negotiate an agreement to acquire the necessary interest in and Cass O. the land; and authorize the City Attorney to institute condemnation Edwards 11, proceedings to acquire the interest in the land if the negotiations Located in fail to reach an agreement. It was the consensus of the City Northwest Fort Council that the recommendation be adopted. Worth G-14789 There was presented Mayor and Council Communication No. G- Negotiate 14789 from the City Manager recommending that the City Council Permanent Water declare the necessity of taking an interest in one permanent water Line Easement line easement and one temporary construction easement and Temporary described as a portion of land in the W.M. Robinson Survey, Construction Abstract No. 1310, Tarrant County, Texas; across property owned Easement Across by Ronald Gordon Rosen, located in northwest Fort Worth; Property Owned authorize James Daniels & Associates, Inc., to negotiate an by Ronald agreement to acquire the necessary interest in the land; and Gordon Rosen; authorize the City Attorney to institute condemnation proceedings Located in h NW Fort Wort to:acquire the interest in the land'if the negotiations fall to reach an agreement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 7 of 32 G-14790 There was presented Mayor and Council Communication No. G- Negotiate 14790 from the City Manager recommending that the City Council Permanent declare the necessity of taking an interest in one permanent water Water Line line easement and one temporary construction easement Easement and described as a portion of land in the W.M. Robinson Survey, Temporary Abstract No. 1310, Tarrant County, Texas, across property owned Construction by Sam Rosen, located in northwest Fort Worth; .authorize .lames Easement Daniels & Associates, Inc., to negotiate an agreement to acquire Across Property the necessary interest in the land; and authorize the City Attorney Owned by Sam to institute condemnation proceedings to acquire the interest in Rosen, Located the land if the negotiations fail to reach an agreement. It was the in Northwest consensus of the City Council that the recommendation be Fort Worth adopted. G-1 4791 There was presented Mayor and Council Communication No. G- Confirm 14791 from the City Manager recommending that the City Council Appointment of confirm the appointment of Mr. David Hernandez as a member of David the Firefighters' and Police Officers' Civil Service Commission for Hernandez to the City of Fort Worth. Firefighters' and Police Officers' City Manager Boswell stated that the second paragraph of the Civil Service Discussion section of the M&C needed to be amended to reflect the Commission for term expiring in "2007" and not "2006". City of Fort Worth Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted as amended. The motion carried unanimously. G-14792 There. was presented Mayor and Council Communication No. G- Gas Well 14792 from the City Manager recommending that the City Council Development approve the acceptance of gas well development permit Permit applications for restricted drilling activities in the approved Applications for locations within the West. Fork of the Trinity River floodway. Restricted Council Member Davis made a motion, seconded by Council Drilling Member Silcox, that the recommendation be adopted. The motion Activities within carried unanimously. West Fork of Trinity River (Council Member Lane stepped away from the dais and left the Floodway meeting.) CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 10, 2005 PAGE 8 of 32 G-14793 There was presented Mayor and Council Communication No. G- Amend FY.2004- 14793 from the City Manager recommending that the City Council 05 Crime Control authorize the City Manager to submit to the Crime Control and and Prevention Prevention District (CCPD) Board of Directors an amendment District totaling $292,026.00 to the FY 2004-05 CCPD budget to fund one- Equipment time equipment costs. Council Member Silcox made a motion, Budget seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14794 There was presented Mayor and Council Communication No. G- Form Fort Worth 14794 from the City Manager recommending that the City Council Golf Association authorize the formation of a Fort Worth Golf Association; and and Implement authorize the City Manager to, implement the Fort Worth Golf Fees Association Fees. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-10140 There was presented Mayor and Council Communication No. P- Docket Copying 10140 from the City Manager recommending that the City Council authorize a purchase agreement for docket copying with FedEx Kinko's for the Development Department based on best value with payment due 30 days after receipt of invoice and freight included in unit price; and authorize this agreement to begin May 17, 2005, and expire May 16, 2006, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-10141 There was presented Mayor and Council Communication No. P- Reject Bid and 10141 from the City Manager recommending that the City Council Issue New Bids authorize the rejection of all bids received for engineering copier for Engineer supplies and authorize the issuance of new bids for the City of Fort Copier Supplies Worth. It was the consensus of the City Council that the recommendation be adopted; P-10142 There was presented Mayor and Council Communication: No. P- Agilent 10142 from the City Manager recommending that the City Council Chemical authorize a sole source maintenance agreement for Agilent Analysis Chemical Analysis Equipment with Agilent Technologies for the Equipment Water Department for an annual cost of$28,856.10 with net 30 days payment terms; and authorize this agreement to begin May 10, 2005, and expire December 31, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 9 of 32 P-10143 There was presented Mayor and Council Communication Noy P- Mobile 10143 from the City Manager recommending that the City Council Communications authorize the purchase of a new Mobile Communications Vehicle Vehicle from Grande Ford Truck Sales Incorporated, for the Police Department, for a cost not to exceed $225,000.00 with payment due within 30 days of the date the invoice and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. L-14082 There was .presented Mayor and Council Communication No. L- Permanent 14082 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main facility Facility easement described as a portion of the E. S. Harris Survey, Easement Abstract No. 688, and a portion of Lot 1, Block 1, All Saints Episcopal Hospital Addition, Tarrant County, Texas, from Baylor All Saints Medical Center for property. located in the Fort Worth Medical District (DOE 4016), necessary to construct, operate, maintain, and repair water infrastructure to serve the All Saints Episcopal Hospital Addition, located east of 8 t Avenue and south of .Mistletoe Boulevard, at a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14083 There was presented Mayor and Council .Communication No. L- Permanent 14083 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of four permanent sanitary sewer Easements easements described as Lot.1, Block 16, and Lot 4, Block 17, from Equity Home Group, L.L.C., and Lots 2 and 3, Block 17, from McGuyer Family Trust, all in the Broadmoor Addition, Tarrant County, Texas, for the Sanitary Sewer Broadmoor Addition Project (DOE 4107), needed to construct, operate and maintain a sanitary sewer line serving properties located south of Interstate 30 West Freeway and north of Weatherford Highway, for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-14084 There was presented Mayor and Council Communication No. L- Permanent 14084 from the City Manager recommending that the City Council Water Line approve the acceptance of one permanent water main easement Easement described as a portion of the Franklin Huston Survey, Abstract No. 597, Denton County, Texas, from Chadwick Holdings, Ltd., for property located in far north Fort Worth (DOE 4599), necessary for the construction, operation, maintenance, and repair of a. water main to serve the proposed Chadwick Farms Addition, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10 2005 PAGE 10 of 32 L-14085 There was presented Mayor and Council Communication No. L- Sanitary Sewer 44085 from the City Manager recommending that the City Council Line Easements approve the acceptance of two permanent sanitary sewer line and Permanent easements and one permanent drainage easement described as a Drainage portion of the Eli W. Shriver Survey, a portion of Tract 2, Abstract Easement No. 4455, Tarrant County, Texas, from Continental Homes of Texas, L.P., for properties located in north Fort Worth (DOE 4477), necessary to construct, operate, maintain, and repair sanitary sewer and drainage facilities for properties located north of Shiver Road and west of Park Vista Boulevard, at a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-14086 There was presented Mayor and Council Communication No. L- Permanent 14086 from the'City Manager recommending that the City Council Drainage approve the acceptance of one` permanent drainage easement Easement described as a portion of the J. 'Conwell Survey, Abstract No. 343, Tarrant County, Texas, from Gehan Homes, Ltd., for property located in northwest Fort Worth (DOE 4588), necessary for the construction, operation, maintenance, and repair of drainage facilities to serve Stone Creek Ranch Phase 11, located south of Cromwell Marine Creek Road and west of Bowman Roberts Road, at a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14087 There was. presented May and.,Council Communication No. L- Permanent 44087 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer line Line Easement easement described as a portion of the Hiram Little Survey, Abstract No. 930, Tarrant County, Texas, from Lewisville 7 Partners, Ltd., for property located in south Fort Worth (DOE 4466), necessary to construct, operate, maintain and repair sanitary sewer infrastructure for properties located west of Oak Grove Road South and south of Brownford Drive, at a total cost of$1.00. It was the consensus of the City Council that the recommendation be adopted. L-74488 There was presented Mayor and Council. Communication No. L- Acquire Property 14088 from.the City Manager recommending that the City Council at 3400 Chestnut authorize the acquisition of a church.,facility described as Lot 20, Ave: for FW Block. 5 Worth Hills Addition, from Mars Hill Baptist Church Meacham Int'1 located at 3400 Chestnut Avenue on the west side of Fort Worth Airport Noise Mitigation Meacham International Airport for the Noise Mitigation Program Program (DOE, 3932); find that. the price offered in the total amount of $44,000.00 is just compensation for the acquisition of the property; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 11 of 32 and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-14089 There was. presented Mayor and Council Communication No. L- Permanent 14089 from the City Manager recommending that the City Council Water Main approve the acceptance of three permanent water main easements Easements described as a portion of the Milly Gilbert Survey, Abstract No. 565, and a portion of the W. Smith Survey, Abstract No. 1418, Tarrant County, Texas, from D. R. Horton-Texas, Ltd., for property located in north Fort Worth (DOE 4789), necessary for the construction, operation, maintenance and repair of water infrastructure to serve property located south of Basswood Boulevard and west of IH- 35W, at a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2586 There was presented Mayor and Council Communication No. PZ- Res, #3200-05- 2586 from the City Manager recommending that the City Council 2005 approve Resolution No. 3200-05-2005 adopting the eighth 8th Amendment to amendment to the City of Fort Worth's annexation plan to remove Annexation Plan, approximately 11.8 acres of land, or .018 square miles, out of the Removing M.E.P. & P.R.R. Co. Survey, Abstract No. 227, Tarrant County, Approximately Texas, from the plan. Council Member Stevenson made a motion, 11.8 in M.E.P. & P.R.R. Co. Survey, seconded by Council Member Davis, that the recommendation be Abstract No. 227 adopted. The motion carried unanimously. PZ-2587 There was presented Mayor and Council Communication No. PZ- Res. #3201-05- 2587 from the City Manager recommending that the City Council 2005 approve Resolution No. 3201-05-2005 adopting the ninth 9th Amendment to amendment to the City of Fort Worth's annexation plan to remove Annexation Plan, approximately 200.9 acres of land, or .31 square miles, out of the Removing Josiah Walker Survey, Abstract No. 1600, Tarrant County, Texas. Approximately Council Member Stevenson made a motion, seconded by Council 200.1 Acres in Josiah Walker Member Davis, that the recommendation be adopted. The motion Survey, Abstract carried unanimously. No. 1600 PZ-2588 There was presented Mayor and Council Communication No. PZ- Ord. #16418-05- 2588 from the City Manager recommending that the City Council 2006 institute and consider the adoption of Ordinance No. 16418-05-2005 Annexation of declaring certain findings; providing for the extension of certain Approximately boundary limits of the City of Fort Worth; providing for the 213.34 Acres annexation of approximately 213.34 acre tract of land, located (AX-05-001, north of State Highway 114 and about one mile west of FM 156, Rivers Edge) situated in the Guadalupe Cardinas Survey, Abstract No. 214, Denton County, Texas (Case No. AX-05-001), which said territory CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 12 of 32 lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Stevenson made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. PZ-2589 There was presented Mayor and Council Communication No. PZ- Ord. #16419-05- 2589 from the City Manager recommending that the City Council 2005 consider the adoption of Ordinance No. 16419-05-2005 declaring Annexation of certain findings, providing for the extension of certain boundary Approximately limits of the City of Fort Worth; providing for the annexation of 11.8 Acres approximately 11.8 acre tract of land, located north of Avondale (AX-05 7002, Haslet Road and east of Sendera Ranch Boulevard, situated in the Sendera Ranch W. Bramlet and H.R. Ryan Survey (M.E.P. & P. R.R. Co. No. 12), East) Abstract No. 227, Tarrant County, Texas (Case No. AX-05-002), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth; Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously: PZ-2590 There was presented Mayor and Council Communication No. PZ- Ord. #16420-05 2590 from the City Manager recommending that the. City Council 2005 consider the adoption of Ordinance No. 16420-05-2005 declaring Annexation of certain' findings; providing for the extension of certain boundary 200.1 Acres of limits of the City of Fort Worth; providing for the annexation of Land (AX=05-003 approximately 200.194 acre tract of land, located north of US Presidio West) Highway 287 and west of Harmon Road; situated in the Josiah Walker Survey, Abstract No. 1600, Tarrant County, Texas (Case No. AX-05-003), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort'Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants 'thereof shall have all the privileges of all the 'citizens of Fort Worth, Texas;" providing that this ordinance shall. amend every prior ordinance' in conflict herewith. Council Member Stevenson made a notion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 13 of 32 PZ-2591 There was presented Mayor and Council Communication No. PZ- Ord. #16421-05- 2591 from the City Manager recommending that the City Council 2005 institute and consider the adoption of Ordinance No. 16421-05-2005 Annexation of declaring certain findings; providing for the extension of certain Approximately boundary limits of the City of Fort Worth; providing for the 6.9 Acres annexation of a certain 6.9 acres of land, located approximately (AX-05-004, one mile west of FM 156, being two tracts situated in the State Highway Guadalupe Cardinas Survey, Abstract No. 214, and the Charles 114) Tydings Survey, Abstract No. 1276, and being a portion of State Highway 114 right-of-way, Denton County, Texas (Case No. AX-05- 004), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all of the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2592 There was presented Mayor and Council Communication No. PZ- Ord. #16422-05- 2592 from the City Manager recommending that the City Council 2005 institute and consider the adoption of Ordinance No. 16422-05-2005 Annexation of declaring certain findings; providing for the extension of certain Approximately boundary limits of the City of Fort Worth; providing for the 1.9 Acres annexation of an approximately 1.9 acre tract of land, located south (AX-05-005, of Golden Triangle Boulevard and west of Alta Vista Road, being a Golden Triangle portion of Lot 1, Block 1, Golden Triangle Addition, an addition to Addition) Tarrant County, Texas (AX-05-005), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2593 There was presented Mayor and Council Communication No. PZ- Ord. #16423-05- 2593 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16423-05-2005 vacating and extinguishing are Alley Vacation alley between Lots 1-6 and 7-12, Block 5, Smith-Jones & Daggett (VA-03-013) Addition from the east right-of-way line of Galveston Avenue to the west right-of-way line of Houston Street, and waive the $1,022.56 purchase fees for the right-of-way. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 14 of 32 City Manager Boswell stated that the Recommendation section of the. M&C needed to be amended to add after the phrase "more or less" "and waive the purchase fee of$1,022.56." Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. PZ-2594 There was presented Mayor and Council Communication No. PZ- Ord. #16424-05- 2594 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16424-05-2005 vacating and extinguishing a Street Vacation portion of Woodside Drive adjacent to Lots 44 and 45, Block 1, (VA-04-039) Phase III Harriett Creek Ranch Addition; Denton County, Texas. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20681 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20681, Authorization to Enter into an Agreement with Cardiac Science to be the Exclusive Vendor to Provide Automatic External Defibrillators to the City of Fort Worth, be withdrawn. C-20711 There was presented Mayor and Council Communication No. C- Paulos 20711 from the City Manager recommending that the City Council Properties, LLC authorize the City Manager to enter into an Encroachment Agreement with Paulos Properties; LLC, allowing use of the right- of-way for the continuance of existing encroachments at 1324 East Lancaster Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20712 It was the: consensus of the City Council that Mayor and Council Continued Until Communication No. C-20712, Authorization to Enter into an May 24, 2005 Encroachment Agreement with Clifton.and Melissa Grace Allowing the Continuance of a Fence into the Right-of-Way of Prairie Avenue, be continued until May 24, 2005. C-20713 There was presented Mayor and Council Communication No. C- Change Order#1 20713 from the City Manager recommending that the City Council — Songer authorize the City Manager to execute Change Order No. 1 to the Construction, contract with Songer Construction, Inc., in the amount of Inc. $70`,642.00 to remove and replace an unforeseen, underground drainage structure at. the Fire Station No. 8 site. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 15 of 32 C-20714 There was presented Mayor and Council Communication No. C- Ord. #16425-05- 20714 from the City Manager recommending that the City Council: 2005 - Baird, Hampton 1; Authorize the transfer of $58,413.56 from the Water and & Brown, Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of$28,995.00 and the Sewer Capital Project Fund in the amount of$29,418.66; 2. Adopt Appropriation Ordinance No. 16425-05-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $28,995.00 and the Sewer Capital Project Fund in the amount of $29,418.56 from available funds for the purpose of funding an .engineering agreement with Baird, Hampton & Brown, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Mesquite Road (Kimbo Road to Chesser Boyer Road), and Williams Place (Tom Ellen Street to Chesser Boyer Road), and Wesley Street (Cindy Drive to Fossil Drive); and 3. Authorize the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc., in the amount of $93,693.00 for pavement reconstruction and water and sanitary sewer main replacement on Mesquite Road (Kimbo . Road to Chesser Boyer Road), Williams Place (Tom Ellen Street to Chesser Boyer Road) and Wesley Street (Cindy Drive to f=ossil Drive). It was the consensus of the City Council that the recommendation be adopted. C-20715 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20716, Authorization of Renewal of Lease Agreement for Use and Operation of the Queen Maria Riverboat and Activities for Admiralty Inland Cruises, Inc., 7401 Watercress Drive, Abutting Lot 1, Block 16, Lake Worth Lease Survey, be withdrawn. C-20716 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20716, Approve Acceptance of One Storm Water Facility Maintenance Agreement from Polo Land Southwest of Texas, L.P., and Tiffany Gardens Homeowners' Association, Inc., for Property Located South of Southview Road and East of Chapel Creek Boulevard in West Fort Worth (DOE 4362), be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10; 2005 PAGE 16 of 32 C-20717 There was presented Mayor and Council Communication No. C- Trent Bedford 20717 from the City Manager recommending that the City Council Investments, authorize the City Manager to execute a contract with Trent Inc., d/b/a Bedford Investments, Inc., d/b/a Skyline Excavation, for Carver Skyline Heights East Model Blocks Sidewalk Improvements in the amount Excavation of $127,270.00. It was the consensus of the City Council that the recommendation be adopted. C-20718 There was presented Mayor and Council Communication No. C- Pam Anderson 20718 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement with Pam Anderson, for double rate charges and double fee charges for water services to serve her home at 1925 Risinger Road in Tarrant County, outside of the Fort Worth City limits. It was the consensus of the City Council that the recommendation be adopted. C-20719 There was presented Mayor and Council Communication No. C- Suetrak USA 20719 from the City Manager recommending that the City Council Co., Inc. authorize the City Manager to execute an agreement with Suetrak USA Co., Inc., and MAW River's Edge, L.P., for the City to accept transfer of the water Certificate of Convenience and Necessity (CCN) for the River's Edge development located approximately one mile west of FM 155 and north of State Highway 114; and submit documents required to be filed with the Texas Commission on Environmental Quality for the transfer of the water CCN to the City and cancellation of the wastewater CCN held by Suetrak USA Co., Inc., in order for the City to provide water and wastewater service to the River's Edge development. City Attorney Yett stated that this had been removed from the consent agenda because of its relation to Mayor and Council Communication No. PZ-2588. Council Member Stevenson made a motion, seconded by Mayor Pro tempore'McCloud, that Mayor and Council Communication No. C-20719 be adopted. The motion carried unanimously. C-20720 There was presented Mayor and Council Communication No. C- Alan Plummer 20720 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering `agreement with Alan Plummer Associates, Inc., for the preparation of a permit renewal application for the Village Creek` Wastewater Treatment Plant for a total fee not to exceed $70,200.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 17 of 32 C-20721 There was presented Mayor and Council Communication No. C- Ord. #16426-05- 20721 from the City Manager recommending that the City Council 2005 authorize the City Manager to: Texas Water Development 1. Accept and execute a contract with the Texas Water Board and Alan Development Board in the amount of $196,704.00 for the Plummer Regional Facility Planning Grant to develop a Water Reuse .Associates,:Inc. Priority and Implementation Plan; 2. Transfer funds from the Water Capital Projects Fund to the Grants Fund in the amount of$151,416.00; 3. Authorize the use of $45,288.00 in the Water Capital Project Fund as In-Kind Salaries as part of the required match; 4. Adopt Appropriation Ordinance No. 16426-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $393,408.00 from available funds for the purpose of funding an engineering agreement with Alan Plummer Associates, Inc., for engineering services for the Water Reuse Priority and Implementation Plan; and 5. Execute an engineering agreement with Alan Plummer Associates, Inc., in the amount of $348,120.00 to provide engineering services for the Water Reuse Priority :and Implementation Plan. It was the consensus of the City Council that the recommendation be adopted. .0-20722 There was presented Mayor and Council Communication No. C- CDBG Year 20722 from the City Manager recommending that the City Council XXXI, authorize the City Manager to execute Community Development Emergency Block Grant (CDBG) Year XXXI, Emergency Shelter Grant Year Shelter Grant 2005-2006 and Housing Opportunities for Persons with AIDS Year Year 2005-2006, 2005-2006.contracts with various organizations to administer their and Housing respective programs, contingent upon approval and receipt of Opportunities adequate funding from the U.S. Department of Housing and Urban for Persons with Development, for a term beginning June 1, 2005, and ending May AIDS, Year 2005- 31, 2006. Mayor Pro tempore McCloud made a motion, seconded 2006 by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 18 of 32 C-20723 There was presented Mayor and Council Communication No. C- Lorna Jordan 20723 from the City Manager recommending that the City Council authorize the City Manager to enter into a Design Team Contract with Lorna Jordan to develop public art and design enhancement recommendations for inclusion in the SH-121 (Southwest Parkway) Corridor Master Plan, in an amount not to exceed $60,000.00 from Public Art Program funds in the 2004 Capital Improvement Program. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20724 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-20724, Approval of Tax Abatement May 17, 2006 Agreement with United Riverside Rebuilding Corporation, a Texas Limited Partnership for Eight Properties Located in the Riverside Neighborhood Empowerment Zone, be continued until May 17, 2005. C-20?2v There was presented Mayor and Council Communication No. C- Puite Homes of 20725 from the City Manager recommending that the City Council Texas, L.P. authorize the City Manager to execute a Community Facilities Agreement with Pulte Homes of Texas, L.P., for the installation of community facilities for Meadow Creek South Phase IV. Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20726 There was presented Mayor and, Council Communication No. C- Centex Homes 20726 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities to serve Deer Valley and neighboring developments. Council Member Silcox made .a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. (Council Member Wheatfall returned to his chair at the dais.) C-20727 There was presented Mayor and Council Communication No. 'C- Arcadia Land ' 20727 from the'City Manager recommending that the City Council Partners 21, Ltd. authorize the City Manager to execute a"Community Facilities Agreement with Arcadia Land Partners 21, Ltd., for the installation of community facilities for The Trails of Willow Creek.`' Council Member Picht made a`motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 19 of 32 C-20728 There was presented Mayor and Council Communication No. C- Aramark 20728 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute an agreement with Aramark Corporation to provide exclusive concession services and alcoholic beverage services at the Will Rogers Memorial Center for a term of five years to begin on or about July 1, 2005, and expire June 30, 2010, with options to renew for five additional one-year periods. City Manager Boswell stated that line 4 of the Recommendation section of the M&C needed to be amended to change the beginning and expiration dates to "...September 1, 2005..." and "...August 31, 2010-2 . Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. C-20729 There was presented Mayor and Council Communication No. C- Ord. #16427-05- 20729 from the City Manager recommending that the City Council: 2005 J&J Hardscape, 1. Authorize the City Manager to execute a contract with J&J Inc. Hardscape, Inc., in the amount of $350,362.80 for playground renovations at Cobb South, Seminary Hills, Tadlock and South Z. Boaz Parks, 2. Adopt Appropriation Ordinance No. 16427-05-2005 increasing estimated receipts and appropriations in the Park and Recreation Improvements Projects Fund in the amount of $15,000.00 .from available funds for the purpose of funding a contract with J&J Hardscape, Inc., for playground renovations at Cobb South, Seminary Hills, Tadlock and South Z. Boaz Parks; and 3. Authorize the City Manager to accept a donation from the Fort Worth Independent School District in the amount of $15,000.00 for additional improvements at Seminary Hills Park. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 20 of 32 C-20730 There was presented Mayor and Council Communication No. C- City of Forest 20730 from the City Manager recommending that the City Council Hill, Texas authorize the City Manager to execute a Memorandum of Understanding with .the City of Forest Hill, Texas, for the construction of the Southeast Landfill Road. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20731 There was presented Mayor and Council Communication No. C- Ord. #16428-05- 20731 from the City Manager recommending that the City Council: 2005 Ord. #16429-06- 1. Adopt Supplemental Appropriation Ordinance No. 16428-05- 2005 2005 increasing appropriations in the Solid Waste Fund in Assignment of the amount of $294,132.27 and decreasing the Unreserved Earnest Money Retained Earnings by the same amount, for the purpose of Contracts and transferring said funds to the Solid Waste Capital Purchase of Improvements Fund for the Southeast Landfill Access Certain Real Road; Property Situated in 2. Authorize the transfer of $194,132.27 from the Solid Waste Forest Hill, Fund to the Solid Waste Capital Improvements Fund; Tarrant County, Texas 3. Adopt Appropriation Ordinance No. 16429-05-2005 increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund in the amount of $194,132.27 from available funds, for the purpose of funding the Southeast Landfill Access Road; A. Approve the assignment of an earnest money contract for the purchase of approximately 1.33 acres of land in the City of Forest Hill, Texas, in fee and 1.33 acres of land as a slope easement and 0.67 of an acre of land as a temporary construction easement (overlapped by the slope easement) from Northeast Service, Inc., dlbla Horton Tree Service; 5. Approve the assignment of an earnest money contract for the purchase of approximately 9.81 acres of land in the City of Forest Hill, Texas, in fee; 8.31 of an acre of land as a temporary construction easement; and 0.63 of an acre of land as a slope easement from Tip Top Riding Club, Inc.; 6. Approve the assignment of an earnest money contract for the purchase of approximately 3.055 acres of land in the City of Forest Hill, Texas, from Anglin 20 Joint Venture, c/o Ellis & Tinsley; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 29 of 32 7. Authorize the City Manager to execute all necessary documents to purchase the above referenced parcels of land for total purchase price of$988,173.59; 8. Authorize the payment of $5,958.68 to Michael Ball as commission for Trustee services rendered pursuant to the Trust Agreement with the City; 9. Authorize the escrow of $900,000.00 for future attorney's fees and permit fees which may be incurred on behalf of Northeast Service, Inc., dlbla Horton Tree Service, which may be necessary to acquire future state or federal permits to continue operation of Northeast Service, Inc., dlbla Horton Tree Service, until April 18, 2025; and 90. Authorize the City Manager to execute a letter to Northeast Service, Inc., dlbla Horton Tree Service, to be delivered at the time of closing on the earnest money contract, stating that the City does not object to Northeast Service, Inc., dlbla Horton Tree Service's operation as currently practiced or to Northeast Service Inc., dlbla Horton Tree Service's acquiring future permits required to continue their operations as are currently practiced. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. 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 a proposed City initiated full purpose annexation Proposed City of 6.48 of land in Tarrant County, being portions of the existing Initiated Full county right-of-way of Avondale Haslet Road, Keller Haslet Road Purpose and Lot 9-R, Block 9 of the Caylor Addition (AX-05-006). Mayor Annexation of Moncrief opened the public hearing and asked if there was anyone 6.48 Acres, present desiring to be heard. Being Portions of Existing Ms. Allison Gray, representing the Development Department, County Right-of- appeared before Council, gave a staff report and stated that the Way of Avondale second public hearing would be held on May 24, 2005. Haslet Road, Keller Haslet There being no one else present in connection with the first public Road of Caylor hearing for a proposed City initiated full purpose annexation of Addition 6.48 of land in Tarrant County, being portions of the existing (AX-05-006) county right-of-way of Avondale Haslet Road, Keller Haslet Road CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 22 of 32 and Lot 1-R, Block 1 of the Caylor Addition (AX-05-006), Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed. The motion carried unanimously. SP-05-014 It appeared that the City Council, at its meeting of April 12, 2005, Continued Until continued the hearing of the application of Rite-Weld Supply, Inc., June 14, 2005 site plan for property located at 3417 North Main Street, to amend "PD/420" for all uses in "I" Light Industrial, to expand development, Site Plan No. SP-05-014. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Bob Riley, Development Department Director, stated that a letter had been received by the applicant requesting this case be continued until June 14, 2005. There being no one present desiring to be heard in connection with the application of Rite-Weld Supply, Inc., Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that Site Plan No. SP-05-014 be continued until June 14, 2005. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3188-04-2005 Hearing was adopted on April 19, 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 April 21, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC 705-045 It was the consensus of the City Council that Zoning Docket No. Continued Until ZC-05-045, application of Brazos Electric Power Corp., for a change May 17, 2005 in zoning of property located in. the. 4600 Block of Keller Haslet Road from "PD/SU".Planned DevelopmentlSpecific Use for all uses in "I" Light Industrial, and exclude various uses, with site plan required, be continued until May 17, 2005. ZC-06-046 Mr. H. Dennis Hopkins, 6850 Manhattan. Boulevard #406, SP-05-012 representing the applicant, appeared before Council in support of Approved the zoning change. He briefed the Council on highlights of the Dennis Hopkins zoning request, to include enhancement of. the existing property with the addition of 10400t trees and a fence that would not only provide a noise.barrier but also.security for the trucks. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 23 of 32 Don Scott Mr. Don Scott, 3872 Bellaire Circle, representing Fort Worth South, appeared before Council in support of the zoning change. He stated that the enclosed parking area would be a great benefit to the area. The following individuals appeared before Council in opposition of the zoning change. They expressed concern with noise levels, odor from the diesel fuel, impact to property values, unsightly appearance of the fence, and the unwillingness of the applicant to make compromises with the neighborhood. Andrew Mr. Andrew Swartzfager 3613 Pershing Avenue Swartzfager, James J. Austin, Jr. 812 St. Louis Avenue James Austin, Mr. Mike Koonce 712 May Street Jr., Mike Koonce Mr. Hopkins provided rebuttal stating that the fence would be an effective noise barrier and that the trees would eventually grow to approximately 60-feet in height. He added that the ten-foot setback would significantly reduce the turning radius for the trucks and that the site plan submitted left little room for compromise. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of Kroger Texas, Chicago Title Co., for a change in zoning of property located at 901, 905, 909, 913, 917, 921 & 923 St. Louis Avenue from "D" High Density Multi- Family Residential to "PDISU" Planned Development/Specific Use for truck parking lot, with site plan required, Zoning Docket No. ZC- 05-045 and Site Plan No. SP-05-012, be approved. The motion .carried unanimously. ZC-05-060 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Donald Marshall for a change in zoning of property located at 3009 Booker Street from "J" Medium Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-060, be approved. The motion carried unanimously. ZC-05-061 Council Member Wheatfall made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Daniel Munoz for a change in zoning of property located at 2317 Chestnut Avenue from "B" Two-Family Residential to "B/HC" Two Family Residential/Historic Cultural, Zoning Docket No. ZC-05-061, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2006 PAGE 24 of 32 ZC-05-063 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of H.M. Wallace for a change in zoning of property located at 940 West Belknap Street from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-05-063, be approved. The motion carried unanimously. ZC-05-054 Council Member Haskin expressed concern that this zoning Approved change was for 140 acres of MU-2 zoning that was bordered by residential property on three sides. Ann Kovich Ms. Ann Kovich, 1200 Summitt #600, representing Nance Properties, appeared before Council in support of the zoning change. She stated that the property came into the City as limited purpose annexation and that Mr. Nance saw the annexation as an opportunity to develop the property in a growth area. She requested that the property retain the same MU zoning designation it was given in November 2004, as were Walsh Ranch and Sendera Ranch. Mr. Bob Riley, Development Department Director, stated that the agenda and the zoning docket relative to this zoning case needed to be amended to add a period after "...Ordinance..." and to delete 64...with a minimum,.20 foot front yard setback, and a minimum block length of 500 feet, maximum block length of 1500 feet, with 20 percent of the block length between 200 feet and 500 feet." Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of Nance Properties for a change in zoning of property located at the intersection of the proposed SH 170 and the future extension of Willow Springs Road from "MU-2 High Intensity Mixed Use to "PDISU" Planned Development/Specific Use for all uses in the "MU-2" District subject to the development standards of the "MU-2" District as outlined in the September 30, 2003, Zoning Ordinance with a minimum 20' front yard setback and a minimum block length of 500 , maximum block length of 1500', with 20 percent of the block length allowed between 200' and 500', with waiver of site plan recommended, Zoning Docket No ` 'ZC-05-064, be approved as amended. The motion carried unanimously. ZC-05-067 It appeared that the City Council; at its meeting of April 19, 2005, SP-05-015 continued the hearing of the application of PLR Properties for a Action Delayed change in zoning of property located at 3120 Precinct Line Road Until End of from "K" Heavy Industrial to "PDISU" Planned Development/ Agenda Specific Use for all uses in "K" Heavy Industrial, plus recycling CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 25 of 32 facility and co-generation of electric power with 6 foot masonry fence along Precinct Line Road, with site plan required, Zoning Docket No. ZC-05-067 and Site Plan No. SP-05-015. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mary Lynn Ms. Mary Lynn Holder, 9037 Tyne Trail, appeared before Council in Holder support of.the zoning change. She stated that the neighborhood welcomed the development and requested that all requirements and actions be placed in writing. Ernest Artiz Mr. Ernest Artiz, P. O. Box 580361, Houston, Texas, applicant for the .property, appeared before Council in support of the zoning change. He stated that he would like to work with everyone concerned to resolve problems associated with the property. He added that he did not agree with all of the items reflected in the staff memo from the Development Department and was opposed to the setback on the property. He further stated that the masonry wall would cost $30,000.00 to $50,000.00 to build and he had not agreed to build a masonry wall the length of the property along Precinct Line Road. Connie Rensink Ms. Connie Rensink, 8825 Tyne Trail, Treasurer of the River Trails .Neighborhood Association, appeared before Council in support of the zoning change. She stated that the neighborhood association would like to see this area cleaned up and would welcome this business in the area. Council Member Haskin stated that the group of trees across from this property would no longer exist once Precinct Line Road was expanded in a few years. She added that the City would incur the cost of building the wall if the setback was not required. She further stated that the City had not received a site plan. A lengthy discussion ensued between the Council, applicant, and City staff, at which time Mayor Moncrief asked Mr. Artiz to meet with representatives from the neighborhood and City. staff to discuss alternatives to concerns expressed by those involved. He added that Council would return to this zoning case at the conclusion of the meeting. SP-05-016 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud that the application of Wal-Mart Stores Texas, L.P., for a site plan of property located in the 6700 block of West Vickery Boulevard for a self-fueling service station, Site Plan No. SP-05-016, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 26 of 32 ZC-05-069 Ms. Regina Puente, 1401 N. Beach, applicant for the zoning Approved change, appeared before Council in support of the zoning change. Regina Puente She stated she was confused between the "ER" Neighborhood Commercial Restricted and "PDISU" Planned Development/ Specific Use zoning designations. Clifford.Proffitt Mr. Clifford Proffitt, P.O. Box 7484, President of the Carter Riverside Neighborhood Association, appeared before Council in opposition of the zoning change. He stated that the neighborhood association would rather the property be zoned "ER". Mr. Bob Riley, Development Department Director, stated that "ER" zoning was more restrictive and that "PDISU" allowed more uses. He added that the "PD1SU" was approved by the City Zoning Commission and if she wanted the "ER" designation, the case would have to be re-noticed and go back through the 60 to 90 day process. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the application of Javier and Regina Puente for a change in zoning of property located at 1401 North Beach Street from "A-5" One-Family Residential to "PDISU" Planned Development/Specific Use for Office Use with 6-foot fence and 30 square foot monument sign, .non-illuminated, with waiver of site plan recommended, Zoning Docket No. ZC-05-069, be approved. The motion carried unanimously: ZC-05-070 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Kelly L. Sharp for a change in zoning of property located in the 7300 block of Anderson Boulevard from "B" Two-Fancily Residential to "R-2" Townhouse Cluster/Residential, Zoning Docket No. ZC-05-070, be approved. The motion carried unanimously. ZC-05-071 Council Member Silcox made a motion, seconded by Council Approved ` Member Stevenson, that the application of Janine A. Peck for a change in zoning of property located at 4905 Benbrook Highway from "A-5" One-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-071, be approved. The motion carried unanimously. SP-05-017 Mayor Pro tempore McCloud made a` motion, seconded by Council Returned to City Member Davis, that the application of Mallick Group for a site plan Zoning of property located at 1300' Glen Garden Drive for One-Family Commission' Residential; Site Plan No. SP-05-017, be returned to the City Zoning Commission. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 27 of 32 ZC-05-073 Council Member Wheatfall made a motion, seconded by Council Approved Member Davis, that the application of Robert Bell for a change in zoning of property located at 3124 East Belknap Street, Lots 1, 2, 3, 4, 19, Block 1, McAdams Addition, from "J/DD" Medium Ind ustriallDemolition Delay to "MU-1/DD" Low Intensity Mixed Use/Demolition Delay and Lots 16, 17, 18, 20, Block 1, McAdams Addition, from "J" Medium Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-05-073, be approved. The motion carried unanimously. ZC-05-074 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Stevenson, that the application of Pyramid Homes for a change in zoning of property located in the 2100 block of Beacon Way from "C" Medium Density Multi-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-074, be approved. The motion carried unanimously. ZC-05-077 Council Member Wheatfall made a motion, seconded by Council Approved Member Davis, that the application of Gary Fritchen for a change in zoning of property located at 7760 Blue Mound Road from "A-5" One-Family Residential and "R-1" Zero Lot Line/Cluster Residential to "AG" Agricultural, Zoning Docket No. ZC-05-077, be approved. The motion carried unanimously. ZC-05-080 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Lake Como Cemetery Association for a change in zoning of .property located at 5801 Helmick Avenue from "B" Two-Family Residential to "B/HC" Two- Family Residential/Historic Cultural, Zoning Docket No. ZC-05-080, be approved. The motion carried unanimously. Mr. Stevenson expressed appreciation to the Historic and Cultural Landmarks Commission, Tommy Hinton, and Marty Craddock and stated this was a significant approval in light of the one-hundred anniversary of the Lake Como community. ZC-05-089 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Engineering Department for a change in zoning of property located at 134$ Bomber Road from "A-5" One-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-089, be approved with appreciation to Doug Rademaker, Engineering Department Director. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 28 of 32 Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning`Docket Nos. ZC-05-081 through ZC-05- 087 be voted by one motion. The motion carried unanimously. ZC-05-081 Council Member` Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in 'zoning of property located at 2520 Berryhill Drive from "B" Two-Family` Residential to "A-5" One Family Residential, Zoning Docket No. ZC-05-081, be approved. The motion carried unanimously. ZC-05-082 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 2660 East Vickery Boulevard from "F" General Commercial to "MU-1" Low Intensity Mixed Use; Zoning Docket No. ZC-05-082, be approved. The motion carried unanimously. ZC-05-083 Council Haskin requested that Zoning Docket No. ZC-05-083 be Approved amended to "ER" Neighborhood Commercial Restricted. Council Member Davis made a motion, seconded by Council Member Silcox,that the application of the City of Fort Worth for a change in zoning of property located at 2455 East Lancaster Avenue from "J" Medium Industrial to "E" Neighborhood Commercial, Zoning Docket No= ZC-05-083, be approved by amending the zoning to "FR" Neighborhood Commercial Restricted. The motion carried unanimously. ZC-05-084 Council Member Davis made 'a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3416 Littlejohn Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-45-084, be approved., The motion carried unanimously. ZC-05-085 Council Member Davis made a, motion, ' seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3825 Village Creek Road from "F" General Commercial to "E Neighborhood Commercial, Zoning Docket Noy ZC-05-085, be approved. `The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 29 of 32 ZC-05-086 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 5417 Anderson Street from "E" Neighborhood Commercial to "A-7.5" One-Family Residential, Zoning Docket No. ZC-05-086, be approved. The motion carried unanimously. ZC-05-087 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 1117 Blodgett Avenue, 3900, 3904, 3908 and 3912 Fair Park from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-087, be approved. The motion carried unanimously. Citizen Ms. Mindy Brooks, 2937 Bourbon Street, appeared before Council Presentations relative to the poor construction of the home she purchased on Mindy Brooks September 15, 2003. She stated that the home had electrical problems, leaking roof, incorrectly installed windows, and that Housing and Urban Development documents had been falsified. She advised the Council of the problems she was having with the builder (MH1), the third party inspector (Grand Marcus), and City staff in receiving answers to her inquiries, and asked for the Council Members to contact the District Attorney's Office on behalf of the Brooks to resolve this issue. Council Member Picht stated that the Brooks had not received any response from the City relative to her Code violation complaint. He added that City staff had not replied to his inquiry of this matter either and that he would appreciate a response be provided to him and the Brooks. Mayor Moncrief advised Ms. Brooks that the City would not get involved in any litigation issues on private matters with the District Attorney. He asked City Attorney Yett to explain the City's position. City Attorney Yett stated that it was the City's job to enforce the City Code and not to get involved in matters of private litigation. He added that he would work with the Development Department to review the list of concerns provided by Ms. Brooks to determine what applied to the City and those that were private matters. He further stated that he would commit to providing a report to the Brooks and the Council. CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 10, 2005 PAGE 30 of 32 Mr. Bob Riley,:Development Department Director, stated that a visit was made to the residence and only one Code violation had been noted. He added that he would follow-up with Grand Marcus on their findings. Sharon Ms. Sharon Armstrong, 4605 Virgil; appeared before Council Armstrong relative to the high unemployment rate in Districts 5 and 8. She requested Council's assistance in conducting a citywide job fair at the Wilkerson & Greines Activity Center, Edward Mr. Edward Armstrong, 4605 Virgil,also appeared before Council Armstrong relative to the citywide job fair. He added that Fort Worth was a growing City and that unemployment hindered revitalization efforts. He requested Council's support with the job fair. Yolanda Eidson Ms. Yolanda Eidson, 3015 Ellis Avenue, appeared before Council and asked for the Council's assistance in purchasing new textbooks for City schools. She stated that the textbooks being used by students were 10 to 15 years old and needed to be replaced. She also requested that new lights be installed on Northeast 28th Street and Decatur. Mayor Pro tempore McCloud stated that a joint meeting with the Fort Worth Independent School District (FWISD) Board was being planned to see how the City and the FWISD could work together to complement the efforts of one another. He stated that the textbook issue could be brought forth at that time Linda Delamare Ms: Linda Delamare, 5428 Voider Drive, was recognized by Mayor Moncrief to address the Council but was not present in the Council Chamber. ZC-05-067 Mr. John Garfield, representing the Development Department, SP-05-015 stated that the City would not require the 100 foot setback which was required because of the anticipated construction of Precinct Line Road, and that Mr. Artiz had agreed to construct the fence and all other agreements. He added` that the City was requesting that the six-foot masonry fence and all the landscaping be delayed until six months after completion of Precinct Line Road. He further stated that in the mean time,` Mr. Artiz would construct: a fabric screening green' on the existing chain link fence, as requested by the neighborhood to block visibility into the property. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005. PAGE 31 of 32 J. O. Miller Mr. J.O. Miller, 2615 River Oaks Drive, a consultant for Mr. Artiz, appeared before Council and wanted to ensure that the revised language reflected in the letter by Mr. Garfield was what was being agreed upon. He also asked for clarification on how waste piles and schedule for removal should be reflected. Mr. Garfield confirmed Mr. Miller's inquiry and added that the. site plan would have to be submitted addressing all the elements approved under the ordinance. He stated that the requirements would just be an expansion of the site plan, but provide more detail. He added that the waste piles and removal schedule should be reflected on the site plan and not as an attachment and that the removal schedule needed to state that clean up would be completed within two years. There being no one else present desiring to be heard in connection with the application of PLR Properties, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-067 and Site Plan No. SP-05=015 be approved as amended as follows: a. Include Attachment B, Precinct Line Road Wood Recycling Facility Daily Operation Plan b. Exclude the requirement for 100 foot setback c. Applicant would construct fabric screening fence on existing chain link fence to block visibility into the property d. Construction of six foot masonry wall and landscaping delayed until six months after completion of Precinct Line Road 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 Davis,; that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 10, 2005 PAGE 32 of 32 ORDINANCE NO. 16430-05-2005 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. Adjournment There being no further business, the meeting was adjourned at 9:45 p.m. These minutes approved by the Fort Worth City Council on the 17t" day of May, 2004. Attest: Approved: Marty Hend Mi hael trnGr f City Secretary Mayor