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HomeMy WebLinkAbout2005/05/17-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 Date & Time On the 17th day of May, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10.04 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Mayor Pro tempore Ralph McCloud was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Johnny Castleberry, Golden Gate Church of God in Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wheatfall, the minutes of the regular meeting of May 10, 2005,were approved unanimously. Special Mayor Moncrief stated that the presentation by Mr. Van Romans, Presentations President of the Fort Worth Museum of Science and History, would be delayed until later on the agenda. Council Member Wheatfall presented a Proclamation for Devoyd Jennings Day to Mr. Devoyd Jennings. Ms. Faith Ellis, representing Congressman Michael Burgess, presented Mr. Jennings with a U.S. flag and stated that another flag was being flown over the Capitol in his honor. Council Member Wheatfall presented a Proclamation for Reverend Roosevelt Baugh Day to Reverend Roosevelt Baugh. Council Member Stevenson presented a Proclamation for Public Administration Day to Mr. Anthony Snipes, Assistant to the City Manager. Mr. Snipes was accompanied by 45 students from area schools that were participating in a shadowing program hosted by the National Forum for Black Public Administrators and Conference of Minority Public Administrators members. Each student was presented with a Molly pin. Lieutenant Christopher Combest, Bravo Company, 2nd Battalion, 112th Armored Regiment, U.S. Army, presented the Fort Worth flag flown by U.S. Troops in Iraq to Mayor Moncrief. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 2 of 30 Mayor Moncrief expressed appreciation for the flag and for the sacrifice made by Lt. Combest and all the men and women of the armed forces in the interest of freedom. Council Member Picht acknowledged the spouses of members of the armed forces stating they were a very important part of the process. Council Member Lane extended a welcome home greeting to Lt. Combest. Council Member Silcox stated that many of the men and women deployed were returning to the civilian workforce to find they no longer had their previous jobs. He encouraged all employers to retain employees called into active service. He added that the City of Fort Worth not only retained employees called into active service, but the City also provided an income. Mayor Moncrief recognized his wife Rosie in the audience. Res. #3202-05- Marty Hendrix, City Secretary, advised the City Council that the 2005 official count of the City Council Election held on May 7, 2005, was Canvass completed on May 7, 2005, and the returns of the election, as Returns & reported by the presiding officers of each voting precinct who, Declaration of upon their oath, stated the returns of their respective boxes were Results of . true and correct, as follows. General Election Held on RETURNS OF THE May 7, 2005 CITY COUNCIL ELECTION MAY 7, 2005 Member of the City Council — District 2 Larry Stevens 579 Salvador "Sal" Espino 1,430 Member of the City Council — District 4 Becky L. Haskin 1,390 Louis McBee 1,014 Member of the City Council -- District 6 Cora Mosley 536 Byron de Sousa 1,131 Jungus Jordan 1,613 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 3 of 30 Member of the City Council — District 7 Don May 28 Carter Burdette 1,308 Joyce L. Grant 164 Leon Reed, Jr. 233 Bradley Sigley 30 Joe Waller 766 Member of the City Council — District 8 Monnie Gilliam 171 Kathleen Hicks 1,960 Lawrence E. Walker, Jr. 41 City Secretary Hendrix added that the City Council, at its meeting of March 24, 2005, adopted Ordinance No. 16332-03-2005, that declared elected to office the unopposed candidates to the office of Mayor and for the office of City Council Member for City Council District Nos. 3, 5, and 9 and canceled the elections for those uncontested offices, as authorized by Section 2.053 of the Texas Election Code. (Mayor Pro tempore McCloud assumed his chair at the dais.) Council Member Davis, seconded by Council Member Stevenson, that the City Council adopt Resolution No. 3202-05-2005 canvassing the returns of the Election and declaring the results of the Election held on May 7, 2005, and finding correct that Salvador "Sal" Espino be elected to City Council District 2; Becky L. Haskin be elected to City Council District 4; Carter Burdette be elected to City Council District 7; and Kathleen Hicks be elected to City Council District 8. The motion to approve the resolution canvassing the returns was adopted unanimously. Presentation of City Secretary Hendrix presented Mayor Moncrief with his Certificates of Certificate of Election. Election Mayor Moncrief presented Certificates of Election to Salvador Espino, Chuck Silcox, Becky Haskin, Donovan Wheatfall, Carter Surdette, Kathleen Hicks, and Wendy Davis. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 4 of 30 Ord. #16431-05- There was presented Ordinance No. 16431-05-2005 ordering a 2005 runoff election for City Council District No. 6 by the qualified voters Call Runoff of that district on June 11, 2005, for the purpose of electing a City Election for City Council Member. The candidates receiving the highest and second Council District highest votes had been certified for the runoff election. Those No. 6 on June candidates were Jungus Jordan with 1,513 votes and Byron de 11, 2005 Sousa with 1,131 votes. City Secretary Hendrix stated that early voting for the run-off election would start on May 25, 2005, and that no voting would be conducted on May 30, 2005, as the City was closed for the Memorial Day holiday. She added that Precinct 1150 had to be moved to Sycamore Elementary School from New Bethel Baptist Church as the church would be holding,a festival on .tune 11, 2005. She further stated that any registered voter could vote in the run- off election even if that person did not vote in the General Election. Assistant City Attorney Cynthia Garcia stated that the ordinance needed to be amended to reflect that early voting would be conducted Tuesday, May 31, 2005, instead of Monday, May 30, 2005. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the resolution be adopted as amended. The motion carried unanimously. (Council Member Lane stepped away from the dais.) Announcements Council Member Haskin acknowledged the birthdays of Council Member Davis on May 16, 2005 and Council Member Stevenson today. (Council Member Wheatfall stepped away from the dais.) (Council Member Lane returned to his chair at the dais.) Mayor Pro tempore McCloud recognized 80 students from the Glencrest 6t' Grade Center. Mr. Carl Smart, Code Compliance Department Director, stated that the students were part of the Adopt-a-School Program and that all of the students were on the "A/B" Honor Roll. He introduced Assistant Directors Brandon Bennett and Teresa Carreron, Ms. Paula Woods, Vice-Principal of the school, and the Top 4 students Cortni Stevenson, Steven Rivera, Minette Vasquez, and Michael Bradford. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 5 of 30 (Council Member Lane stepped away from the dais.) Council Member Picht stated that the students were Fort Worth's future and it would be unfortunate for them to not learn about the B-36 aircraft and its contribution to the City. He acknowledged Retired General Bill Guy, former General Dynamics Vice President Mr. Frederick Curtis, and Mr. Don Pyeatt in the audience and stated that he supported their efforts in keeping the B-36 in Fort Worth. He summarized Fort Worth's impact on the aircraft industry and the significance of the B-36 to aviation history and encouraged the Council to support efforts to keep the B-36 in Fort Worth and for the creation of an aviation museum in the City. Mayor Pro tempore McCloud expressed appreciation to Fire Chief Charles Gaines, Executive Deputy Chief Eddie Burns, and Chief Training Officer Rudy Jackson, and the men and women of the Fort Worth Fire Department for their quick response to a tragic house fire last week. He added that the firefighters canvassed the neighborhood to see who needed smoke detectors and/or batteries and to ensure smoke detectors were installed correctly. Council Member Picht announced that the Van Cliburn International Piano Competition would begin on May 20, .2005 at Bass Performance Hail. He stated that people from all over the world representing many countries would be coming to Fort Worth for the competition and encouraged everyone to attend the competition or view it at the Maddox-Muse Building, closed circuit television, the Van Cliburn website or the City Cable Channel 6 (31). (Council Member Lane returned to his chair at the dais.) Mayor Moncrief expressed appreciation to Mr. Greg Simmons, Transportation/Public Works Facility Manager, City Maintenance staff, and Professional Photographer Skeeter Hagler, for the display of the large photographs hanging in City Hall. He stated that some of the photographs were from the book Panther_City and that the photographs enhanced the appearance of City Hall. (Council Member Wheatfall returned to his chair at the dais.) Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. C-20732 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 6 of 30 Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. C-20732 be withdrawn. Staff Special Mr. Van Romans, President of the Fort Worth Museum of Science Presentations and History, invited the Council to attend the Lonestar Dinosaur Exhibit opening on May 28, 2005, at the Museum of Science and History. He presented each Council Member with a piece of dinosaur bone and expressed appreciation to Council Member Stevenson for his membership on their board. Consent Agenda On motion of Mayor Pro tempore McCloud, 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. CP #252 There was presented Council Proposal No. 252 proposing that the Res. #3203-05- City Council adopt Resolution No. 3203-05-2005 creating Mayor's 2005 Advisory Commission on Homelessness and outlining duties of Create Mayor's the commission. Advisory Commission on (Council Member Picht stepped away from the dais.) Homelessness Mayor Moncrief acknowledged the efforts of Mayor Pro tempore McCloud and everyone who worked on the commission and stated that as the City's population grows, the homelessness issue would grow; however, the City would continue to address the needs of its residents and not ignore this issue. (Council Member Picht returned to his chair at the dais.) Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis that the recommendation be adopted. The motion carried unanimously. Res. #3204-05- There was presented Resolution No. 3204-05-2005 clarifying the 2005 intent of the legislative amendment to HB 304 proposed by the City Clarify Intent of of Fort Worth affecting vacation and sick leave time for police Legislative officers. Council Member Davis made a motion, seconded by Amendment to Council Member Wheatfall, that the resolution be adopted. The HB 304 motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 7 of 30 Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1485 There was presented Mayor and Council Communication No. OCS- Claims 1485 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-14795 There was presented Mayor and Council Communication No. G- Res. #3205-05- 14795 from the City Manager recommending that the City Council 2005 authorize the City Manager to retain Gary Ingram and James Griffin Employment of of the law firm of Jackson Walker.as outside counsel, pursuant to Outside Counsel Chapter VI, Section 3 of the City Charter, to assist the City Attorney to Assist City in in various matters concerning employment benefits and to Various Matters represent the City in any litigation concerning such matters; and Concerning adopt Resolution No. 3205-05-2005 fining in advance, as far as Employment practicable, the amount to be paid to Gary Ingram and James Benefits Griffin, in an amount not to exceed $60,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14796 There was presented Mayor and Council Communication No. G- . Res. #3206-05- 14796 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3206-05-2005 fixing in advance, as far as Increase practicable, the, amount to be paid to Gary Ingram of Jackson Maximum Amount Walker to represent the City of Fort Worth in the lawsuit entitled to be Paid to Gary David Miller, et al. v. City of Fort Worth, Civil Action No. 4:04-CV- Ingram to 0622-A, in an amount not to. exceed $95,000.00. It was the Represent City in Lawsuit Entitled consensus of the City Council that the recommendation be David Miller, et al. adopted. v. City of Fort Worth, Civil Action No. 4:04-CV-0622-A G-1.4797 There was presented Mayor and Council Communication No. G- Temporary 14797 from the City Manager recommending that the City Council Closure of authorize the temporary closure of Carnation Avenue between Carnation Eagle to Robinwood beginning May 11, 2005, until August 15, 2005, Avenue and Yucca Avenue between Eagle and Seaman beginning May 31, 2005, until October 15, 2005 (DOE 3629). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 8 of 30 G-14798 There was presented Mayor and Council Communication No. G- Advertise Bids 14798 from the City Manager recommending that the City Council to Lease City- authorize the City Manager to receive and consider bids for gas Owned Property well development on City-owned property identified below: for Gas Well Development Description Estimated Mineral Acres Meacham Airport 700 Spinks Airport 822 Village Creek Water Treatment 830 Plant Rolling Hills Water Treatment 135 Plant Eagle Mountain Water 30 Treatment Plant Lake Worth (Select Properties) 500 Buck Sansom Park 131 Smith Wilemon Park 3 Misc. Parcels and Right-of- 500 Ways Total Acres 3,551 It was the consensus of the City Council that the recommendation be adopted. G-14799 There was presented Mayor and Council Communication No. G- Ord. #16432-05- 14799 from the City Manager recommending that the City Council: 2005 Fiscal Year 2006 1. Authorize the City Manager to apply for and accept if Criminal Justice awarded, three 2006 Criminal Justice Planning Fund (SF 421) Planning Fund grants from the Governor's Office, Criminal Justice Division, Grants in the total amount of$295,168.00; 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 $34,034.00 from the Federal Awarded Assets Fund to the Grants Fund for the City's match, and 4. Adopt Appropriation Ordinance No. 16432-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $295,168.00, subject to receipt of the 2006 Criminal Justice Planning Fund (SF 421) grants CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 9 of 30 from the Governor's Office, Criminal Justice Division, for the purpose of funding Computer Crime Fraud Expansion, Cold Case Investigation, and Violent Personal Crimes Training in the Police Department. It was the consensus of the City Council that the recommendation be adopted. G-14800 There was presented Mayor and Council Communication No. G- Ord. #16433-05- 14800 from the City Manager recommending that the City Council. 2005 Ord. #14634-05- 1. Adopt Supplemental Appropriation Ordinance No. 16433-05- 2005 2005 increasing appropriations in the Culture and Tourism Reimburse Fund in the amount of $604,584.28 and decreasing the General Fund for Unreserved Fund balance by the same amount, for the Loan Used for purpose of transferring said funds to the Hotel Interim Development Corporation Fund; Financing of 2. Authorize the transfer of $604,584.28 from the Culture and Convention Center Hotel Tourism Fund to the Hotel Development Corporation Fund; Pre- 3. Adopt Appropriation Ordinance No. 16434-05-2005 Development increasing estimated receipts and appropriations in the Activities; Hotel Development Corporation Fund in the amount of Transfer Funds $132,546.81 from a non-interest bearing loan for the to Pay Hotel Pre- purpose of transferring said funds to the General Fund; Development Expenditures; 4. Authorize the transfer of interest earnings in the amount of and Transfer $132,546.81 from the Hotel Development Corporation Fund Interest Earned to the General Fund; and Over Life of Interim Loan 5. Authorize the return of the interim, interfund loan, in the amount of$2,580,414.00, to the General Fund from the Hotel Development Corporation Fund. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14801 There was presented Mayor and Council Communication No. G- Long-Range 14801 from the City Manager recommending that the City Council Public.Art Plan adopt the Long-Range Public Art Plan for the 2004 Capital for 2004 Capital Improvement Program, as recommended by the Fort Worth Art Improvement Commission. Council Member Silcox made a motion, seconded by Program Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 10 of 30 G-14802 There was presented Mayor and Council Communication No. G- Res. #3207-05- 94802 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3207-05-2005 providing that the City of Fort Establish Worth elects to be eligible to participate in property tax abatements Neighborhood as authorized by Chapter 312 of the Texas Tax Code and Empowerment establishing a Neighborhood Empowerment Zone tax abatement Zone Tax policy governing subsequent tax abatement agreements for Abatement properties located in a Neighborhood Empowerment Zone; and Policy establishing a Neighborhood Empowerment Zone Tax Abatement Policy Statement, including guidelines and criteria, governing property tax abatements in Neighborhood Empowerment Zones in the City of Fort Worth. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-94803 There was presented Mayor and Council Communication No. G- Res. #3208-05- 14803 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3208-05-2005 enacting a 920-day moratorium Enact 120-Day on the creation of new Neighborhood Empowerment Zones. Moratorium on Creation of New Council Member Davis suggested reducing the length of the Neighborhood moratorium to 60 days to allow other areas in the City undergoing Empowerment development negotiations to pursue tax abatement opportunities Zones within a shorter period of time. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation be adopted by amending the length of the moratorium to 60 days. The motion carried unanimously. (Council Member Lane stepped away from the dais.) G-74804 There was presented Mayor and Council Communication No. G- Submit 14804 from the City Manager recommending that the City Council Amendment to authorize the City Manager to submit to the Crime Control and FY 2004-05 Prevention District (CCPD) Board of Directors an amendment of up CCPD Budget to $5.2 million to the FY 2004-05 CCPD budget to fund the for Mobile Data replacement and enhancement of the Police Department mobile Computers data computers. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously, with Council Member Lane being absent. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 11 of 30 _Public Hearing' It appeared that the City Council set today as the date for a public hearing on request for variance from Section 4-4 of the City Code to allow sale of alcoholic beverages at 3849 Altamesa Boulevard. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14805, as follows. G-14805 There was presented Mayor and Council Communication No. G- Variance from 14805 from the City Manager recommending that the City Council Section 4-4 of consider the request submitted by Mr. Mohammad Moharrami for City Code to property located at 3849 Altamesa Boulevard for a variance from Allow Sale of Section 4-4 of the City Code prohibiting the sale of alcoholic Alcoholic beverages within 300 feet of a school. Beverages at 3845 Altamesa The following individuals appeared before Council in support of Boulevard the variance, Approved John Huebener, Mr. John A. Huebener 4116 Alava Drive Melba Kelley, Ms. Melba Kelley 4269 Barcelona Drive Carol Beardsley, Ms. Carol Beardsley 4101 Alicante Avenue Louis Cass, Mr. Louis Cass 4103 Altamesa Mohammad Mr. Mohammad Moharrami 3849 Altamesa Boulevard Moharrami, Mr. Charles Boatley 3633 Wedge Worth Rd. S. Charles Boatley There being no one else present'in connection with the public hearing on request for variance from Section 4-4 of the City Code to allow sale of alcoholic beverages at 3849 Altamesa Boulevard, Council Member Picht made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14805 be adopted, granting the variance and waiving the application fee. The motion carried unanimously, with Council Member Lane being absent. (Council Member Lane return to his chair at the dais.) Public Hearing It appeared that the City Council set today as the date for a public hearing on request for variance from Section 4-4 of the City Code to allow sale of alcoholic beverages at 4800 Wichita Street. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 12 of 30 Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14806, as follows: G-14806 There was presented Mayor and Council Communication No. G- Variance from 14806 from the City Manager recommending that the City Council Section 4-4 of consider the request submitted by Ms. Wahida Hashim for property City Code to located at 4800 Wichita Street for a variance from Section 4-4 of the Allow Sale of City Code prohibiting the sale of alcoholic beverages within 300 Alcoholic feet of a church. Beverages at 4800 Wichita . Mr. Don L. Ellis, Jr., 3203 Denman Street, appeared before Council Street in opposition of the variance. He stated that when the Denied establishment sold alcohol two years ago, shootings had occurred Don Ellis, Jr. at the store and that stray bullets had hit his home. He requested that the Council deny the variance. Wahida Hashin Ms. Wahida Hashin, 2108 Ballycastle Drive, Arlington, Texas, owner of the store, appeared before Council in support of the variance. She stated that she was having difficulty meeting financial obligations on the store and that being allowed to sell alcohol would allow her to pay for operations at the store. She added the variance was also necessary to be competitive with the other stores in the surrounding areas that were selling the alcohol. Ms. Hashin also requested not to be judged by what occurred at their location in the past when it was under another person's ownership. She added that signatures from neighborhood residents had been collected providing their support of the sale of alcohol. She further stated that the issue was not how close to a church or school the establishment was located, but how the establishment was managed. She requested that Council approve the variance. Council Member Wheatfall noted the differences between this variance and the previous variance just approved. He stated that the major difference was that members of the community came to the Council to voice their support of the business. He encouraged Ms. Hashin to meet with the community and pastor of the church to seek their support of the variance. Mayor Pro tempore McCloud stated that there were various incidents at the store when it was allowed to sell alcohol under previous ownership. He added that there were too many establishments in the area that sold alcohol and he would not add to that number. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 13 of 30 There being no one else present in connection with the public hearing on request for variance from Section 4.4 of the City Code to allow sale of alcoholic beverages at 4800 Wichita Street, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14806 be denied. The motion carried unanimously. P-10144 ' There was presented Mayor and Council Communication No. P- Voice and Data 10144 from the City Manager recommending that the City Council Preventive authorize a purchase agreement for voice and data preventive Maintenance maintenance and support services with Affiliated Telephone, Inc., and Support for the Information Technology Solutions Department for an Services estimated cost of $251,000.00; and authorize this agreement to begin May 17, 2005, and expire May 16, 2006, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10145 There was presented Mayor and Council Communication No. P- Aggregate, 10145 from the City Manager recommending that the City Council Flexible Base, authorize a purchase agreement for aggregate, flexible base, type Type A, Grade 1, A, grade 1, road materials from Big City Crushed Concrete, LP, for Road Materials the Transportation and Public Works Department based on the low bid of $9.00 per ton, freight included with payment due 30 days after receipt of invoice; this agreement to begin May 17, 2005, and expire May 16, 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 the bid award in accordance with the Texas Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. P-10146 There was presented Mayor and Council Communication No. P- Water Bill Paper 10146 from the City Manager recommending that the City Council authorize a purchase agreement for water bill paper with Forms World, Inc., for the Water Department based on low bid with payment due 30 days after receipt of invoice and freight included in unit cost; and authorize this agreement to begin 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 14 of 30 P-10147 There was presented Mayor and Council Communication No. P- Original 10147 from the City Manager recommending that the City Council Equipment authorize a sole source purchase agreement for Original Manufacturer Equipment Manufacturer ozone parts, equipment, repair and Ozone Parts, technical service with Teledyne Advance Pollution Instrumentation Equipment, for the Water Department with 30 day payment terms; authorize Repair and this agreement to begin May 17, 2005, and expire May 16, 2006, Technical with options to renew for two additional one-year periods. It was Assistance the consensus of the City Council that the recommendation be adopted. P-10148 There was presented Mayor and Council Communication No. P- Water Bill 10148 from the City Manager recommending that the City Council: Envelopes 1. Authorize a purchase agreement for water bill envelopes with multiple vendors based on low bid with payment due 30 days after receipt of invoice and freight included in the unit price: a. Stec-Steadfast- #10 envelopes b. Tension Envelope Corporation -#9 envelopes; 2. Authorize this agreement to begin May 3, 2005, and expire May 2, 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 271.102. It was the consensus of the City Council that the recommendation be adopted. P-10149 There was presented Mayor and Council Communication No. P- Gas 10149 from the City Manager recommending that the City Council Chromatograph authorize the purchase of a gas chromatograph-mass -- Mass Spectra- spectrophotometer and a gas chromatograph, detectors, photometer, peripherals and support services manufactured and produced by and Equipment Agilent Technologies using the State of Texas Catalog Information Systems Vendor process for the amount of $124,742.00 including freight cost to the receiving point with payment due 30 days from date of invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 16 of 30 P-10150 There was presented Mayor and Council Communication No. P- Liquid Propane 10150 from the City Manager recommending that the City Council Gas authorize a purchase agreement for liquid propane gas with Ferrellgas LP, for the City of Fort Worth. Prices will be based on the lowest bid of Mont Belvieu Texas Average Posting Net Price per gallon as published weekly in the Butane-Propane News magazine plus the quoted markup listed in the bid tabulation. Payment is due 30 days from date the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; this agreement is to begin June 13, 2005, and expire on June 12, 2006, with options to renew for four additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The lnterlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-10151 There was presented Mayor and Council Communication No. P- Software 10151 from the City Manager recommending that the City Council Maintenance authorize the sole source purchase agreement from Oracle Inc., for the Customer Relationship Software licenses and maintenance for the Water Department for $69,271.76; and authorize this agreement to begin May 18, 2005, and expire May 17, 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-10152 There was presented Mayor and Council Communication No. P- Taser X26 Stun 10152 from the City Manager recommending that the City Council Guns and authorize a sole source purchase agreement for Taser X26 stun Accessories guns and accessories with GT Distributors for the Police Department with payment due 30 days from the date of the invoice; and authorize the agreement to begin May 17, 2005, and expire on May 16, 2006. It was the consensus of the City Council that the recommendation be adopted. P-10153 There was presented Mayor and Council Communication No. P- Support Water 10153 from the City Manager recommending that the City Council Department's authorize a purchase agreement with EMA Inc., Vivare Inc., and Information IBM Corporation to support the Water Department's Information Systems Systems; and authorize this agreement to begin May 18, 2005, and expire May 17, 2006, 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 17, 2005 PAGE 16 of 30 P-10154 There was presented Mayor and Council Communication No. P- Software 10154 from the City Manager recommending that the City Council Maintenance authorize the sole source purchase agreement with MRO Software, Inc., for maintenance management software license and maintenance for the Water Department for $46,014.54; and authorize this agreement to begin May 18, 2005, and expire May 17, 2006, with the option to renew for two subsequent years. It was the consensus of the City Council that the recommendation be adopted. P-10155 There was presented Mayor and Council Communication No. P- Police Patrol 10155 from the City Manager recommending that the City Council Vehicles authorize the purchase of police patrol vehicles from the State of Texas Program Cooperative Purchasing Program for the Police Department as .listed below for a cost not to exceed $183,084.00 with payment due within 30 days of the date of the invoice. Freight is included in the unit price: Descrip on Unit Price Extended Total State Contract, 070-A2, Capitol Chevrolet, 11 ea. 2005 Chevy Impala marked patrol car $16,644.00 $183,084.00 It was the consensus of the City Council that the recommendation be adopted. P-10156 There was presented Mayor and Council Communication No. P- Heating 10156 from the City Manager recommending that the City Council Ventilation and authorize the sole source purchase and service agreements for Air Conditioning Heating Ventilation and Air Conditioning Systems at the Central Systems Library with Lassiter, Incorporated, for the Transportation and Public Works Department in an amount not to exceed $50,000.00 with 30 day payment terms; and authorize this agreement to begin May 17, 2005, and expire September 30, 2005, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-14090 There was presented Mayor and Council Communication No. L- Ratify 14090 from the City Manager recommending that the City Council Amendment of approve the amendment of the lease between the City of Fort worth Lease and Sale and Stephan Leach to accurately reflect the leased property of Lake Worth described as part of the D.E. Norton Survey, Abstract No. 1147, and Lease Property the Garcia, Montez, and Duran Survey, Abstract No. 626, located in Located at 1349 a portion of Block 32, Lake Worth Lease Map J-175, and ratify the Bomber Road lease; approve the sale of a 3.38 acre tract of land located in a CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 17 of 30 portion of Block 32, Lake Worth Lease Map J-175 to Stephan Leach; and authorize the City Manager to execute the appropriate documents to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-14091 There was presented Mayor and Council Communication No. L- Amend Option 14091 from the City Manager recommending that the City Council Agreement to authorize the execution of the fourth amendment to the Option Purchase Land Agreement to purchase land with CentrePort Venture, Inc., for the Known as the property located in Tarrant and Dallas Counties, Texas, commonly Greater known as the "Greater Southwest International Airport". Council Southwest Member Wheatfall made a motion, seconded by Council Member International Davis, that the recommendation be adopted. The motion carried Airport unanimously. PZ-2595 There was presented Mayor and Council Communication No. PZ- Ord. #16435-05- 2595 from the City Manager recommending that the City Council: 2005 Vacation of 1. Adopt Ordinance No. 16435-05-2005 vacating and Portion of North extinguishing a portion of North Cummings Street between Cummings Lot 5R, Block 1, Cumming-Boaz Addition, an addition to the Street Between City of Fort Worth, Tarrant County, Texas, and Lot 35 of the Lot 5R, Block 1, Cummings Addition, an addition to the City of Fort Worth, Cummings-Boaz Tarrant County, Texas; and Addition & Lot 2. Adopt the amendment of Mayor and Council Communication 35 of Cummings PZ-2541, PZ-2555 and PZ-2578 to provide that the Addition consideration for the vacations listed in PZ-2541, PZ-2555 (VA-05-011) & and PZ-2578 shall be reduced according to law. Amend M&C PZ- 2541, PZ-2555, & Council Member Davis made a motion, seconded by Mayor Pro PZ-2578 tempore McCloud, that the recommendation be adopted. The motion carried unanimously. (Council Member Silcox stepped away from the dais.) C-20724 There was presented Mayor and Council Communication No. C- United Riverside 20724, dated May 10, 2005, from the City Manager recommending Rebuilding that the City Council: Corporation, a Texas Limited 1. Approve a five-year Municipal Property Tax Abatement for Partnership each of the eight real properties listed below owned by United Riverside Rebuilding Corporation (URRC), all located in the Martindale Addition, in the Riverside Neighborhood Empowerment Zone (NEZ), Tarrant County, Texas: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 18 of 30 Property Address Description 2624 La Salle Street Lot 7, Block 2 2626 La Salle Street Lot 7, Block 2 2628 La Salle Street Lot 8, Block 2 2630 La Salle Street Lot 8, Block 2 2708 La Salle Street Lot 11, Block 2 2710 La Salle Street Lot 11, Block 2 2720 La Salle Street Lot 14, Block 2 2722 La Salle Street Lot 14, Block 2 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with URRC are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with URRC for each of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously, with Council Member Silcox being absent. C-20732 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20732, Authorize a Lease Agreement with Denitech Fort Worth for Copiers for City-Wide Service, be withdrawn. C-20733 There was presented Mayor and Council Communication No. C- Ord. #16436-05- 20733 from the City Manager recommending that the City Council; 2005 Ord. #1647-05- 1. Authorize the City Manager to execute an Interlocal 2005 Agreement with the Fort Worth Transportation Authority to Fort Worth accept $65,000.00 for the joint funding of Phase II of the Transportation Mobility and Air Quality Plan for the City of Fort Worth; Authority 2. Adopt Appropriation Ordinance No. 16436-05-2005 increasing estimated receipts and appropriations in the Critical Capital Project Fund in the amount of $65,000.00 from funds received from the Fort Worth Transportation Authority, for the purpose of funding Phase II of the Mobility and Air Quality Plan for the City of Fort Worth; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 19 of 30 3. Authorize the City Manager to transfer funds in the amount of $1,350,006.00 from the Meacham Runway 16134 Improvement project from the Airport Capital Improvement Fund to the Street Improvements Unspecified Project in the Critical Capital Projects Fund; 4. Adopt Appropriation Ordinance No. 16437-05-2005 increasing estimated receipts and appropriations in the Critical Capital Project Fund in the amount of $1,350,006.00 from funds received from increased revenue, for the purpose of funding various critical capital projects; and 5. Authorize the City Manager to execute a contract with Wilbur Smith Associates for Phase 11 of the Mobility and Air Quality Plan for the City of Fort Worth in the amount of$670,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20734 There was presented Mayor and Council Communication No. C- Polo Land 20734 from the City Manager recommending that the City Council Southwest of approve the acceptance of one Storm Water Facility Maintenance Texas, L.P., and Agreement from Polo Land Southwest of Texas, L.P., and Tiffany Tiffany Gardens Gardens Homeowners'Association, Inc., for property described as Homeowners' Lot 1, Block E, Tiffany Gardens, Tarrant County, Texas, located Association, Inc. south of Southview Road and east of Chapel Creek Boulevard in West Fort Worth (DOE 4362), necessary to assure proper maintenance of a storm water facility. It was the consensus of the City Council that the recommendation be adopted. C-20735 There was presented Mayor and Council Communication No. Cr Ord. #16438-05- 20735 from the City Manager recommending that the City Council. 2005 Texas 1. Authorize the City Manager to re-apply for, accept and Department of execute if awarded, a grant contract with the Texas State Health Department of State Health Services for up to $100,000.00 to Services be used to increase immunization levels in pre-school aged children and provide awareness and education at the community level; 2. Adopt Appropriation Ordinance No. 16438-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00, subject to receipt of the grant from the Texas Department of State Health Services, for the purpose of funding the Public Health Department's Immunization Outreach°Program; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 20 of 30 3. Waive indirect costs of 44.61 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department; and 4. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of$25,000.00 for the interim financing of this grant pending contract execution to provide for a smooth transition from one grant funding period to the next. It was the consensus of the City Council that the recommendation be adopted. C-20736 There was presented Mayor and Council Communication No. C- Ord. #16439-05- 20736 from the City Manager recommending that the City Council 2005 authorize the City Manager to apply for and accept a grant, if U.S. awarded, from the U.S. Environmental Protection Agency in the Environmental amount of $90,000.00 for the Community Action for a Renewed Protection Environment program; and adopt Appropriation Ordinance No. Agency 16439-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $90,000.00 subject to receipt of the grant from the U.S. Environmental Protection Agency, for the purpose of funding the collaborative Community Action for a Renewed Environment program in the Environmental Management and Public Health Departments. It was the consensus of the City Council that the recommendation be adopted. C-20737 There was presented Mayor and Council Communication No. C- Deere and 20737 from the City Manager recommending that the City Council Company authorize the City Manager to execute a lease agreement with Deere and Company for the use of approximately 44 acres of agricultural land at Fort Worth Spinks Airport, for the purpose of constructing and demonstrating agricultural equipment in conjunction with the 2005 John Deere Expo at the Fort Worth Convention Center. It was the consensus of the City Council that the recommendation be adopted. C-20738 There was presented Mayor and Council Communication No. C- Paula Wells 20738 from the City Manager recommending that the City Council authorize an agreement with Paula Wells for the provision of sewer services to 10132 Crowley Road located in Tarrant County, outside of the Fort Worth City limits. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 21 of 30 C-20739 There was presented Mayor and Council Communication No. C- Children's 20739 from the City Manager recommending that the City Council Lighthouse authorize an agreement with Children's Lighthouse Learning Learning Center Center for the provision of water and sewer services to serve a future daycare to 11845 Alta Vista Road located in Tarrant County, outside of the Fort Worth City limits. It was the consensus of the City Council that the recommendation be adopted. C-20740 There was presented Mayor and Council Communication No. C- Malcolm Pirnie, 20740 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Malcolm Pirnie, Inc., in an amount not to exceed $79,560.00 for the purpose of preparing a cost of service study for wholesale water rates. It was the consensus of the City Council that the recommendation be adopted. C-20741 There was presented Mayor and Council Communication No. C- Water 20741 from the City Manager recommending that the City Council Environment authorize the continued participation and membership for the Research Water Department in the Water Environment Research Foundation Foundation for FY 05 for a membership fee of$34,046.00. It was the consensus of the City Council that the recommendation be adopted. C-20742 There was presented Mayor and Council Communication No. C- Ord. #16440-05- 20742 from the City Manager recommending that the City Council. 2005 Texas State 1. Authorize the City Manager to apply for and accept a grant Library and for the Interlibrary Loan Program in the amount of .Archives $302,009.00 from the Texas State Library and Archives Commission Commission and the U.S. Department of Education; 2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; 3. Adopt Appropriation Ordinance No. 16440-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of$302,009.00, subject to receipt of the grant from the U.S. Department of Education and the Texas State Library and Archives Commission, for the purpose of funding the Interlibrary Loan program; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2006 PAGE 22 of 30 4. Apply indirect costs using the most recently approved indirect cost rate of 24.73 percent for the Library Department. It was the consensus of the City Council that the recommendation be adopted. (Council Member Silcox returned to his chair at the dais.) C-20743 There was presented Mayor and Council Communication No. C- The Franklin 20743 from the City Manager recommending that the City Council Partnership, authorize the City Manager to execute a contract with the L.L.C. Washington, D.C. firm of The Franklin Partnership, L.L.C., for personal services involving consultation and representation before the Congress of the United States, U.S. Federal agencies and the White House Administration. The term of the contract will be from May 15, 2006; to November 30, 2005, with a one-year option to renew at the same terms and conditions. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20744 There was presented Mayor and Council Communication No. C- Linebarger 20744 from the City Manager recommending that the City Council Goggan Blair authorize the City Manager to negotiate and execute a three year and Sampson contract with the law firm of Linebarger Goggan Blair and Sampson for the collection of delinquent property taxes; and authorize the contract to begin June 1, 2005, and expire May 31, 2008, with two one-year renewal options. There is no cost to the City as all costs are borne by the law firm and recovered as provided by the State Property Tax Code. The following individuals appeared before Council in support of the contract to Linebarger Goggan Blair and Sampson: Steve Meeks, Mr. Steve Meeks 1125 Hidden Oaks Dr., Bedford, TX Nancy Primeaux, Ms. Nancy Primeaux 9028 Green Oaks Cr., Dallas, TX Glenn Lewis, Mr. Glenn Lewis 309 W. 7th Street Elizabeth Weller, Ms. Elizabeth Weller 2720 Wimbledon Ct., Carrollton, TX Ken Oden Mr. Ken Oden 7506 Gaston Ave., Austin, TX The following individuals appeared before Council in opposition of the award of the contract to the referenced law firm and that it continue with the current provider, the joint venture law firm of Perdue, Bruckett, Flores, Utt, and Burns: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 23 of 30 Ms. Marilou M. Stevens 3740 Arborlawn Ms, Elizabeth Parmer 307 W. 7th Street M. E. L. Knox 1900 Birdell Mr. Jim Bradshaw 4729 Trail Bend Circle Mr. Harold Hammett 900 Monroe Street, Suite 300 Ms. Karen Branch 4000 Shannon Drive Mr. Ronald Evans 31446 1h Avenue Mr. John Hernandez 2009 N. Houston Council Member Lane made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted as previously stated. Council Member Davis expressed concern with the time Council had been given to review comparative data on the two companies. She added that there had not been sufficient time to analyze the data reflected in the tables and that a few of the tables were confusing. She made a substitute motion, seconded by Council Member Silcox, that the recommendation be continued until June 14, 2005. A lengthy conversation ensued amongst the Council and City staff. The substitute motion failed by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Silcox, Haskin, and Davis NOES: Mayor Moncrief; Council Members Lane, Wheatfall, Picht, and Stevenson ABSENT: None The original motion carried unanimously, and the City staff recommendation was approved. C-20745 There was presented Mayor and Council Communication No. C- Continental 20745 from the City Manager recommending that the City Council Homes of Texas, authorize the City Manager to execute a Community Facilities L.P. Agreement with Continental Homes of Texas, L.P., for the installation of community facilities for Park Vista Boulevard, Trinity at Heritage. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 24 of 30 C-20746 There was presented Mayor and Council Communication No. C- William J. 20746 from the City Manager recommending that the City Council Schultz, Inc., authorize the City Manager to execute a contract with William J. dlbla Circle C Schultz, Inc., dlbla Circle C Construction Company for the Construction construction of the Lake Worth South Shore Low Pressure Sewer Company System in the amount of $1,269,925.00. Council Member Stevenson made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set 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, April 25, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-336 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of'Sirius A. Ferdows for a change in zoning of property located approximately one mile west from the intersection of FM 156 and SH 114 from Unzoned to (Tract 1) "A-5" One-Family Residential and (Tract 2) "E" Neighborhood Commercial, Zoning Docket No. ZC-04-336, be approved. The motion carried unanimously. ZC-05-045 It appeared that the City Council, at its meeting of May 10, 2005, Approved continued the hearing of the application of Brazos Electric Power Corp., for a change- in zoning of property located in the 4500 block of Keller Haslet Road from "A-5" One-Family Residential to "PDISU" Planned Development/Specific Use for all uses in "I" Light Industrial, and exclude the following uses, with site plan required, Zoning Docket No. ZC-05-045: Correctional facility Wastewater(sewage)treatment facility Water supply, treatment or storage facility Bar, tavern, cocktail lounge; club, private or teen Drive-in restaurant or business Sexually oriented business Stable, commercial, riding boarding or rodeo arena Theater, drive-in Kennel Veterinary clinic with outdoor kennel CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 1 T, 2005 PAGE 25 of 30 Mobile home or manufactured housing sales Recreational vehicle (RV) salesiservice Service station Truck stop with fuel & accessory services Vehicle junkyard or storage yard Vehicle steam cleaning Assaying Blacksmithing or wagon shop Bottling works, milk or soft drinks Chicken Battery or brooder Coal, coke or wood yard Crematorium Electroplating Fabricating or manufactured housing, temporary or office building Food processing (no slaughtering) Galvanizing, small utensils Machine shops Manufacture of aluminum, brass or other metals or from bone, paper, rubber, leather Manufactured home/RV repair Paint mixing or spraying Passenger station Railroad roundhouse or RR car repair shop Terminal; truck, freight, rail or water Recycling collection facility Batch plant, concrete or asphalt Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Brazos Electric Power Corp., Council Member Lane made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05- 045 be approved. The motion carried unanimously. ZC-05-076 Council Member Stevenson expressed concern that the zoning SP-05-024 case was approved by the City Zoning Commission although it was Approved not compatible or consistent with the Comprehensive Plan. He stated that there were three neighborhood associations in the area but that no opposition to the development had been registered. He asked John Garfield from the City's Development Department if he was concerned with the site plan in terms of commitments that would be made that would have negative effects to potential development in the surrounding area. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 25 of 30 Mr. Garfield stated that part of the property was already zoned for mini warehouses to the south and this zoning request was an expansion of that use already approved to the northern part of the property. He added that the owner had provided buffer yards and screening fences where the property was adjacent to residential. He further stated that significant landscaping was in front of the property and that the structures in front would obscure the outside storage of any vehicles or boats. Council Member Haskin inquired if the requirements for the monument sign included the two pad sites in the "E" Neighborhood Commercial area and asked for a description of the construction of the fa;ade of the warehouse as it was not reflected on the site plan. (Mayor Pro tempore McCloud stepped away from the dais.) Coy Quine Mr. Coy Quine, 301 S. Sherman, Suite 100, Richardson, Texas, appeared before Council in support of the zoning change. In response to Council Member Haskin's inquiry on the fa;ade, he stated that the project would be constructed of all masonry facilities with the interior of the structures being metal. He added that the facade would be a combination of brick, split block and tiltwall panels and would be earthtoned colors. The monument signs would be placed at the storage location as well as the two pad sites. (Council Member Silcox stepped away from the dais.) Council Member Haskin requested that the site plan be amended to include the building exterior being earthtone colors, the addition of large canopy evergreen trees on 25 foot centers, and that the reference to "3 gallon shrubbery" be deleted and replaced with "5- gallon shrubbery". Council Member Stevenson made a motion, seconded by Council Member Haskin, that the application of Commission on Church Growth and Development for a change in zoning of property located at 7240 Boat Club Road from "E" Neighborhood Commercial, and "PD-599" Planned Development to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus mini warehouse, with open covered parking for automobiles, boats, RV's, trailers and on-site residence, and exclude the use of massage parlor, tattoo parlor, CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 27 of 30 pawn shop, liquor or package store, with site plan required, Zoning Docket No. ZC-05-076 and Site Plan No. SP-05-024, be approved as amended by Council Member Haskin, The motion carried unanimously, with Mayor Pro tempore McCloud and Council Member Silcox being absent. (Mayor Pro tempore McCloud returned to his chair at the dais.) ZC-05-091 Council Member Stevenson made a motion, seconded by Council Approved Member Picht, that the application of Boat Club Plaza Limited, for a change in zoning of property located in the 4700 block of Boat Club Road from "E" Neighborhood Commercial to "PDISU" Planned DevelopmentlSpecific Use for all uses in "E" Neighborhood Commercial, plus fitness facility, with waiver of site plan recommended, Zoning Docket No. ZC-05-091, be approved. The motion carried unanimously, with Council Member Silcox being absent. (Council Member Silcox returned to his chair at the dais.) ZC-05-099 Mr. Jim Dunaway, 777 Taylor Street #1040, representing the SP-05-022 applicant, appeared before Council in support of the zoning Approved change. He presented a letter from the Christ Chapel Bible Church Jim Dunaway that outlined their proposals. (See Exhibit A to minutes) Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of Christ Chapel Bible Church for a change in zoning of property located at 3611, 3617, 3621, and 3637 Birchman Avenue, 3616, 3620, 3624, 3628, and 3632 Calmont Avenue from "PD-96" Planned Development and "B" Two- Family Residential to "PDISU" Planned Development/Specific Use for church parking, church and accessory buildings to conform to the following requirements, with site plan required, Zoning Docket No. ZC-05-099 and Site Plan No. SP-05-022, be approved. Lots 1-5, 8-10 & 11R, Block 55 Factory Place Addition From "B" Two-Family and "PDISU" to "PDISU" as follows: "PDISU" for 1) church parking in accordance with Site Plan and 2) church and accessory buildings, and 3) auxiliary medical parking also allowed on Lot 11 R only. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 28 of 30 Church and accessory buildings shall conform to the following: Birchman Avenue Mar aret Street Calmont Avenue and Pershin Avenue, Front Yard setback for buildings: 0 ft. minimum Side Yard 0 ft. minimum Corner Lot 0 ft. minimum building setback Heigh 48-feet maximum at building line Landscaping shall be in accordance with Chapter.6, Article 301 of the landscaping ordinance. 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 Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16441-05-2005 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. Citizen The following individuals appeared before Council relative to Presentations keeping the B-36 aircraft in Fort Worth: CHURCH REPONSES IN IUD BELOW Mr. Fred Disney,Chairman of the Building Committee Christ Chapel Bible Church 3740 Birchman Avenue Fort Worth,Texas 76107 Re: Case#ZC-05-099 Dear Fred, Thank you for meeting with me and Christina Patoski yesterday to discuss the zoning changes proposed for Block 55, Lots 1-5,8-10& 11 R. As we agreed, 1 am writing this letter to outline what we propose for this site as representatives of the Arlington Heights Neighborhood Association. They are as follows: 1. Christ Chapel Bible Church (CCBC)will adhere to the Memorandum of Understanding of April 19,2004; YES 2. CCBC will include a representative from Arlington Heights Neighborhood Association (ANNA)in any landscaping plans for Block 55. We have agreed to the continuation of existing parking lot landscaping as temporary and which will be revised in the master landscaping plan' WE AGREE TO INCLUDE A N'HOOD REP IN OUR INITIAL SCOPE MEETING WITH THE LANDSCAPE ARCHITECT AND OTHER KEY MEETINGS. WE DO NOT AGREE THAT THE EXISTING PARKING LANDSCAPING IS TEMPORARY. THE LANDSCAPE ARCHITECT WILL DETERMINE THAT IN THE FINAL DESIGN. 3. CCBC will comply with the City Ordinance that protects existing trees on property greater than one acre, specifically the older trees on Lots 1,8, and 9(and Elm 50+years old, a Live Oak and another Elm, respectively); YES 4. CCBC will obtain a permit from the City Forester before removing any public trees on the parkways of Margaret and Calmont which include 3 Bradford pears,2 Live Oaks, and a Japanese Maple; YES 5. CCBC will Include a representative of AHNA in the master landscaping plan which will be no later than the completion of the sanctuary building which will be approximately one year after the beginning of construction; SEE#2 ABOVE 6. AHNA will support the relocation of proposed campus structures to Block 55 as stated in the MOU but will not support additional accessory buildings(except for the two trailers already located on Block 60 which are for the construction workers and will be removed within 2 weeks of completion of the sanctuary building); ACCESSORY BUILDINGS WILL BE ALLOWED ON ALL CHURCH BLOCKS PER ZONING. SEE DEFINED TERM "ACCESSORY" IN ZONING ORDINANCE. 7. Construction traffic will be kept within the parameters of the construction site and will not use other neighborhood streets; YES 8. CCBC will include a representative of AHNA in the final plans for the monument sign located at the corner of Montgomery and Calmont when said property is purchased; YES 9. Again,we request a Master Plan for the CCBC"campus"which would benefit us both as this is a major construction plan for this area. MASTER PLAN FOR CAMPUS IS NOT CHANGED FROM ONE YEAR AGO WITH EXCEPTION OF THE ADDITION OF THIS PARKING BLOCK I thank you for working our Association to ensure a quality neighborhood. I thank you also for your allowing Thomas Place Community Center to take the landscaping that will be eliminated from this site to use for their use. (They were delighted when I told them.) I took forward to our continued work together as neighbors. Sincerely, Deborah Roszek, Chair, Christ Chapel Committee of Arlington Heights Neighborhood Association CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 29 of 30 Bill Guy, Mr. Bill Guy 10232 Creek Hollow Lane Frederick Curtis, Mr. Frederick A. Curtis, Jr. 5812 Dwight Street Don Pyeatt Mr. Don Pyeatt 1610 Martel Avenue Council Member Lane stated that Fort Worth did not have the funds available to fund a museum for the B-36 aircraft. He added that the aircraft needed to be under cover to prevent deterioration. Council Member Picht stated that the B-36 would be put together by the people who had repaired it and that a volunteer workforce would maintain the aircraft. He added the support of the Council was missing and he wanted to see a vote of the Council in support of keeping the B-36 in a place in Fort Worth and then efforts initiated to keep it maintained. Council Member Silcox stated that a possible source of funding would be private donations. He suggested that B-36 supporters develop a presentation to be reviewed by Congresswoman Kay Granger or Congressman Michael Burgess. He also asked staff if $5 million would be sufficient to build a structure for the aircraft at Fort Worth Meacham International Airport. Mr. Michael Feeley, Aviation Department Director, stated that a basic structure could be constructed for $5 million. Sharon Ms. Sharon Armstrong, 4605 Virgil Street, appeared before Council Armstrong and invited the Council to attend the District 5 Job Fair on June 4, 2005 at the Wilkerson Greines Activity Center. Delilah Scott Ms. Delilah M. Scott, 1470 E. Morphy Street, appeared before Council relative to street conditions, roaming dogs, trees, vacant lots, and illegal dumping: in .her community. Mayor Pro tempore McCloud requested she meet with Assistant City Manager Dale Fisseler to resolve her concerns. Executive It was the consensus of the City Council that they recess into Session Executive Session at 1:29 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: a) City of Fort Worth v. Calvin B. Peterson, Omas Lewayne Peterson, Cause No. ED-2002-00879-2; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 17, 2005 PAGE 30 of 30 b) 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 551.074 of the Texas Government Code: (a) City Manager (b) City Attorney (c) City Secretary (d) City Auditor Reconvened The City Council reconvened into regular session at 2:10 p.m. Adjournment There being no further business, the meeting was adjourned at 2:10 p.m. These minutes approved by the Fort Worth City Council on the 24th day of May, 2005. Attest: Approved: Marty Hendrpx Mic ael J. oncri City Secretary Mayor