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HomeMy WebLinkAbout2005/06/14-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 Date & Time On the 14th day of June, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Chuck Silcox; Council Members Becky Haskin, Donavan Wheatfall, Clyde Picht, Carter Burdette, and Kathleen Hicks; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Salvador Espino was temporarily absent and Council Member Wendy Davis was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Victor Sullivan, Lamb of God Church. Pledge The Pledge of Allegiance was recited. (Council Member Espino assumed his chair at the dais.) Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member Wheatfall, the minutes of the regular meeting of June 7, 2006, were approved unanimously. Special Council Member Picht presented a Proclamation for U.S. Army Day. Presentations Captain Ivan Palacious, U.S. Army, expressed appreciation to the Council for the proclamation representing 230 years of freedom. He also administered the Oath of Enlistment to four men and women. Mayor Moncrief sliced a cake in recognition of the proclamation and the enlistments. Mr. Barclay Berden, President of Fort Worth Sister Cities, introduced the Medical Professional Delegation from Toluca, Mexico, participating in a professional exchange program with Harris Methodist Hospital, and the first youth sports Soccer Delegation from Budapest, Hungary, hosted by the Fort Worth United Soccer Team. Representatives from each delegation expressed appreciation to the Council for their visit and presented the City with gifts from their respective governments. Council Member Espino presented each member of the delegation with a Molly pin in recognition of their visit to the City. Mayor Moncrief acknowledged the presence in the Council Chamber of District 6 Council Member-Elect Jungus Jordan and City of Burleson Mayor Kenneth Shetter. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 2 of 21 Announcements Council Member Picht made reference to an article that appeared in the Fort Worth Star-Telegram relative to the increased costs of the SH-121T project. He expressed concern that the estimate had escalated to over $500M of the projected costs and stated that the public deserved an explanation of the increase. He added that the Regional Transportation Council would conduct a meeting on June 15, 2005 at the Botanic Gardens and encouraged everyone to attend. He further stated that he would be leaving the Council very soon and that he had enjoyed every minute he served. Council Member Hicks announced that Juneteenth celebrations throughout the City would be coming up in recognition of the African Americans who were freed two years after the Civil War. She encouraged everyone to attend the celebrations. She advised the listening audience that the City would be holding the 20th Annual Juneteenth Celebration at 12:00 Noon Friday, June 17, 2005 at the north end of City hall at the Ground floor. The guest speaker would be Johnny Wimbrey. Council Member Espino expressed appreciation to those individuals who placed the flags out around City Hall in recognition of Flag Day. He announced that the District 2 Juneteenth celebration would be held on the north side of the City at Lincoln Park at 10:00 a.m. Saturday, June 18, 2005, and invited everyone to attend. He also announced that the National Association of Hispanic Journalists would conduct their conference in Fort Worth June 15-18, 2005. He added that Los Angeles, California Mayor- Elect Antonio R. Villaraigosa would address the delegates on June 15, 2005 at Bass Hall. Council Member Wheatfall stated that various parades and celebrations would be held in honor of Juneteenth. He added that he would be a speaker at the Juneteenth celebration at the Southside Community Center on June 17, 2005. Council Member Picht stated that he had been advised by Assistant City Manager Marc Ott that the SH-121T meeting was actually a meeting of the Board of Directors of the North Texas Tollway Authority and would be held at the Modern Art Museum, at 3200 Darnell Street on June 15, 2005 at 9:30 a.m. Council Member Burdette announced that he would conduct a meeting on June 16, 2005 at Grace Baptist Church on Las Vegas Trail, to update the community on planned zoning changes. He encouraged everyone interested to attend. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 3 of 21 (Council Member Hicks stepped away from the dais.) Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ There were no items continued or withdrawn by the staff. Withdrawn By Staff (Council Member Hicks returned to her chair at the dais.) Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member Wheatfall, the consent agenda was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1491 There was presented Mayor and Council Communication No. OCS- Claims 1491 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-14826 There was presented Mayor and Council Communication No. G- Appointments to 14826 from the City Manager recommending that the City Council Construction authorize the City Manager to appoint Mr. Jim Ratterree to Place 10 and Fire — HVAC Contractor and Mr. Larry Love to Place 14 — Alternate Prevention HVAC Contractor of the City's Construction and Fire Prevention Board of Board of Appeals, effective June 14, 2005, and with a term expiring Appeals October 1, 2006. It was the consensus of the City Council that the recommendation be adopted. G-14827 There was presented Mayor and Council Communication No. G- Bids to Lease 14827 from the City Manager recommending that the City Council Southeast authorize the City Manager to receive and consider bids for gas Landfill for Gas well development on City-owned property known as the Southeast Well Landfill. It was the consensus of the City Council that the Development recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 4 of 21 G-14828 There was presented Mayor and Council Communication No. G- Settlement of 14828 from the City Manager recommending that the City Council Lawsuit Entitled approve the settlement of all claims in the lawsuit entitled City of City of Fort Fort Worth v. Calvin B. Peterson, et al, Cause No. ED-2003-00494, Worth v. Calvin in Denton County, Texas, arising from the condemnation of the B. Peterson, et Petersons' property for the extension of the runway at Alliance al, Cause No. Airport. Council Member Espino made a motion, seconded by ED-2003-00494, Council Member Haskin, that the recommendation be adopted. The Denton County, motion carried unanimously eight (8) ayes to zero (0) nays. Texas G-14829 There was presented Mayor and Council Communication No. G- Rezone 14829 from the City Manager recommending that the City Council Properties in authorize the City Manager to initiate rezoning of certain properties Stop Six located in the Stop Six neighborhood, in accordance with the 2005 Neighborhood Comprehensive Plan. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. Council Member Wheatfall expressed appreciation to Ms. Regina Blair, Stop Six Neighborhood Association for all her efforts and added that this initiative got the ball rolling for redevelopment of the Stop Six area. G-14830 There was presented Mayor and Council Communication No. G- Amend CSC 14830 from the City Manager recommending that the City Council #31847 with Safe authorize the execution of an amendment to City Secretary City Contract No. 31847 with the Safe City Commission to increase their Commission for payment by $38,000.00 for the Crime Stoppers Tip Fund. Mayor Crime Stoppers Pro tempore Silcox made a motion, seconded by Council Member Tip Fund Burdette, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. G-14831 There was presented Mayor and Council Communication No. G- Allowance 14831 from the City Manager recommending that the City Council Increase for authorize the City Manager to increase the monthly motorcycle Traffic allowance from $475.00 to $515.00 and to pay additional mileage Motorcycle reimbursement at the federally established rate for miles in excess Officers to of 2,250 per quarter to officers and sergeants assigned to the Furnish Police Department Motorcycle Unit effective July 1, 2005. Mayor Privately-Owned Pro tempore Silcox made a motion, seconded by Council Member Motorcycle for Burdette, that the recommendation be adopted. The motion carried Duty unanimously eight (8) ayes to zero (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 5 of 21 P-10172 There was presented Mayor and Council Communication No. P- Mobile Data 10172 from the City Manager recommending that the City Council Computers authorize the City Manager to enter into a contract with Motorola for the purchase and installation of Mobile Data Computers and related equipment for the Police Department and City Marshal's Office for a total not to exceed $4,433,075.00. It was the consensus of the City Council that the recommendation be adopted. P-10173 There was presented Mayor and Council Communication No. P- Telescoping 10173 from the City Manager recommending that the City Council Sign Posts and authorize a purchase agreement for telescoping sign posts with Conduit Allied Tube and Conduit for the Transportation and Public Works Department based on best value with payment due 30 days after receipt of invoice and freight included in the unit cost; authorize this agreement to begin June 14, 2005, and expire June 13, 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 Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. L-14105 There was presented Mayor and Council Communication No. L-14105 Temporary Turn from the City Manager recommending that the City Council approve Around the acceptance of two temporary turn around easements needed to Easements, serve as a public turnaround area, four permanent water main and Permanent sanitary sewer easements and three permanent drainage easements Water Main and (two pipe and one earthen channel) needed to provide storm water Sanitary Sewer runoff and to serve an open drainage way described as a portion of Easements, William McCowan Survey, Abstract No. 999, Tarrant County, Texas, Permanent from D.R. Horton-Texas, LTD., for various parcels located in North Drainage Fort Worth (DOE 4471) at a total cost of $9.00. It was the consensus Easements of the City Council that the recommendation be adopted. L-14106 There was presented Mayor and Council Communication No. L- Permanent 14106 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 Hiram Little Survey, Abstract No. 930, Tarrant County, Texas, from TXU Electric Delivery Company for property located in South Fort Worth (DOE 4337), necessary for the construction, operation, maintenance and repair of a drainage pipe and outfalls to service the Garden Meadows Phase 2 Development, located east of Stone Road and south of Crockett Drive, at a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 6 of 21 PZ-2598 There was presented Mayor and Council Communication No. PZ- Ord. #16469-06- 2598 from the City Manager recommending that the City Council 2005 institute and adopt Ordinance No. 16469-06-2005 declaring certain Annexation of findings; providing for the extension of certain boundary limits of Approximately the City of Fort Worth; providing for the annexation of a certain 6.48 Acres of 6.48 acres of land in five separate tracts identified as Tracts one Land in Tarrant through five below; Tract one being a parcel of land situated in the County C. Boyd Survey, Abstract No. 212, and the M.E.P. & P.R.R. Survey, (AX-05-006, Abstract No. 1129, located in Tarrant County, Texas, and being a Tarrant County portion of Avondale-Haslet Road; also, Tract two, three, and four Coordination) being three parcels of land situated in the J. Chirino Survey, Abstract No. 265, being located in Tarrant County, Texas, and being portions of Keller-Haslet Road, County Road Number 4042; also, Tract Five being a parcel of land situated in the J. Chirino Survey, Abstract No. 265, being located in Tarrant County, Texas, and being a portion of Keller-Haslet Road, County Road Number 4042, Caylor Road, County Road Number 4047, and all of Lot 1-R, Block 1, Caylor Addition, Tarrant County, Texas (Case No. AX-05- 006) all of 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 this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. PZ-2599 There was presented Mayor and Council Communication No. PZ- Establish 2599 from the City Manager recommending that the City Council Timetable for approve the annexation timetable in order to annex approximately Proposed 137.3 acres of land, or .214 square miles (more or less) located Voluntary north of State Highway 170 and east of IH-35 (AX-05-007, The Annexation of Ranches East) for full purposes in compliance with the Approximately requirements of Chapter 43 of the Local Government Code of the 137.3 Acres of State of Texas; and direct City staff to prepare a service plan that Land (AX-05- provides for the extension of full municipal services to the 007, The annexation area. Mayor Pro tempore Silcox made a motion, Ranches East) seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. C-20785 There was presented Mayor and Council Communication No. C- Gehan Homes, 20785 from the City Manager recommending that the City Council LTD authorize the City Manager to enter into an Encroachment Agreement with Gehan Homes, LTD, to allow use of the right-of- CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 7 of 21 way for installation of a subdivision marker in the median of Granite Creek Drive at FM 1220. It was the consensus of the City Council that the recommendation be adopted. C-20786 There was presented Mayor and Council Communication No. C- Amendment #2 20786 from the City Manager recommending that the City Council to CSC #28274 — authorize the City Manager to execute Amendment No. 2 to City DFW Advisors, Secretary Contract No. 28274 with DFW Advisors, Ltd., Company, Ltd., Company for project management of the Noise Mitigation Program at Fort Worth Meacham International Airport, extending the termination date of the contract from June 30, 2005, to June 30, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20787 There was presented Mayor and Council Communication No. C- Ord. #16470-06- 20787 from the City Manager recommending that the City Council 2005 authorize the transfer of $1,179,746.50 from the Water and Sewer William J. Operating Fund to the Sewer Capital Project Fund in the amount of Schultz, Inc., $1,179,746.50; adopt Appropriation Ordinance No. 16470-06-2005 d/b/a Circle "C" increasing estimated receipts and appropriations in the Sewer Construction Capital Project Fund in the amount of $1,179,746.50 from available Company funds for the purpose of funding a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for Sanitary Sewer Rehabilitation Contract LV (55), Unit I; and authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of $1,180,389.50 for Sanitary Sewer Rehabilitation Contract LV (55), Unit I. It was the consensus of the City Council that the recommendation be adopted. C-20788 There was presented Mayor and Council Communication No. C- Change Order#1 20788 from the City Manager recommending that the City Council to CSC #31027 — authorize the City Manager to execute Change Order No. 1 to City Stabile & Winn, Secretary Contract No. 31027 with Stabile &Winn, Inc., for pavement Inc. reconstruction and water and sanitary sewer replacements on Stanley Avenue (City Project No. 00059), in the amount of$70,319.00 for increased pay item quantities, thereby increasing the contract amount to $1,287,921.00. It was the consensus of the City Council that the recommendation be adopted. C-20789 There was presented Mayor and Council Communication No. C-20789 Ord. #16471-06- from the City Manager recommending that the City Council authorize 2005 the transfer of$347,030.00 from the Water and Sewer Operating Fund McClendon to the Water Capital Project Fund in the amount of $170,953.00 and Construction the Sewer Capital Project Fund in the amount of $176,077.00; adopt Co., Inc. Appropriation Ordinance No. 16471-06-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 8 of 21 amount of $170,953.00 and the Sewer Capital Project Fund in the amount of $176,077.00 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc., for the reconstruction of Warner Road from Windsor Place to end of Road South (City Project No. 00062); and authorize the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $1,124,637.25 for the reconstruction of Warner Road from Windsor Place to end of Road South. It was the consensus of the City Council that the recommendation be adopted. C-20790 There was presented Mayor and Council Communication No. C- Ord. #16472-06- 20790 from the City Manager recommending that the City Council: 2005 Texas 1. Authorize the City Manager to apply for and accept, if Department of awarded, a grant contract with the Texas Department of State Health State Health Services, Chronic Disease Prevention Branch Services, for the Texas Diabetes Program's Community Diabetes Chronic Disease Service Projects in the amount of $80,000.00 to be used to Prevention provide community-based diabetes prevention and Branch management programs from September 1, 2005, to August 31, 2006; 2. Adopt Appropriation Ordinance No. 16472-06-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $80,000.00, subject to receipt of the Texas Diabetes Program's Community Diabetes Service Projects Grant from the Texas Department of State Health Services, Chronic Disease Prevention Branch, for the purpose of funding community-based diabetes prevention and management programs; 3. Waive indirect costs of 18.34 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 for this grant pending contract execution to secure program continuation from one grant funding period to the next. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 9 of 21 C-20791 There was presented Mayor and Council Communication No. C- Northstar 20791 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Northstar Inc. Construction, Inc., in the amount of $240,877.50 (Base and Alternate Bid) for parking replacement at Como Community Center and Village Creek Park. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone Number 25 and Tax Abatement Agreement with J.B. Interests, LLC, and related findings of fact by the City Council for property located in the Woodhaven Neighborhood Empowerment Zone. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Odle, representing the Housing Department, appeared before Council, gave a staff report, stated that the M&C, tax abatement, and ordinance needed to be amended to correct all references to "L.B. Interest, LLC" to "J.B. Interests, LLC". She called attention to Mayor and Council No. C-20792, as follows: C-20792 There was presented Mayor and Council Communication No. C- Ord. #14673-06- 20792 from the City Manager recommending that the City Council: 2005 J.B. Interest, 1. Hold a public hearing concerning the designation of 3.322 LLC acres of land described as 300 East Loop 820, Lot 2, Block 7, Woodhaven East Addition, City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Zone Number 25; 2. Adopt Ordinance No. 16473-06-2005 amending Ordinance No. 15570 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number 10 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number 25, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and mechanism for renewal of the Zone; and containing other matters related to the Zone; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with J.B. Interests, LLC, are true and correct; CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 10 of 21 4. Approve a five-year Municipal Property Tax Abatement for a property located at 300 East Loop 820 in the Woodhaven Neighborhood Empowerment Zone (NEZ) owned by J.B. Interests, LLC; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with J.B. Interests, LLC, for the property located at 300 East Loop 820 in the Woodhaven NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one else present in connection with the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone Number 25 and Tax Abatement Agreement with J.B. Interests, LLC, and related findings of fact by the City Council for property located in the Woodhaven Neighborhood Empowerment Zone, Council Member Haskin made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. C-20792 be adopted as amended. The motion carried seven (7) ayes to one (1) nay with Mayor Pro tempore Silcox casting the descending vote and Council Member Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone Number 20 and Tax Abatement Agreement with Hoang Ngoc Nguyen and Lieu Thi Nguyen and related findings of fact by the City Council for property located in the Berry and University Neighborhood Empowerment Zone. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Odle, representing the Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council No. C-20793, as follows: C-20793 There was presented Mayor and Council Communication No. C- Ord. #16474-06- 20793 from the City Manager recommending that the City Council: 2005 Hoang Ngoc 1. Hold a public hearing concerning the designation of .2479 Nguyen and Lieu acres of land described as 3455 Bluebonnet Circle, Lots 14 Thi Nguyen through 17, Block 20, Bluebonnet Hills Addition, City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Reinvestment Zone Number 20; CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 11 of 21 2. Adopt Ordinance No. 16474-06-2005 amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number 13 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number 20, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Hoang Ngoc Nguyen and Lieu Thi Nguyen are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 3455 Bluebonnet Circle in the Berry and University Neighborhood Empowerment Zone (NEZ) owned by Hoang Ngoc Nguyen and Lieu Thi Nguyen; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Hoang Ngoc Nguyen and Lieu Thi Nguyen for the property located at 3455 Bluebonnet Circle in the Berry and University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one else present desiring to be heard in connection with the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone Number 20 and Tax Abatement Agreement with Hoang Ngoc Nguyen and Lieu Thi Nguyen and related findings of fact by the City Council for property located in the Berry and University Neighborhood Empowerment Zone, Council Member Haskin made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. C-20793 be adopted. The motion carried seven (7) ayes to one (1) nay with Mayor Pro tempore Silcox casting the descending vote and Council Member Davis absent. C-20794 There was presented Mayor and Council Communication No. C- Ord. #16475-06- 20794 from the City Manager recommending that the City Council: 2005 Midwest 1. Authorize the City Manager to execute a contract with Wrecking Midwest Wrecking Company of Texas, Inc., for abatement Company of and/or demolition of structures in the Evans and Rosedale Texas, Inc. Business and Cultural District at a cost not to exceed $42,952.00; CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 12 of 21 2. Approve the transfer of $20,807.00 in undesignated funds in the Environmental Management Project Fund; 3. Adopt Appropriation Ordinance No. 16475-06-2005 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $20,807.00 from available funds, for the purpose of funding a contract with Midwest Wrecking Company of Texas, Inc., for abatement and/or demolition of structures in the Evans and Rosedale Business and Cultural District; and 4. Authorize the use of $22,145.00 in Community Development Block Grant Year XXX Unprogrammed Funds for demolition activities. Council Member Hicks made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. C-20795 There was presented Mayor and Council Communication No. C- Friends of 20795 from the City Manager recommending that the City Council Newby Park authorize the City Manager to execute an agreement with the Friends of Newby Park to donate and construct a pavilion and other landscape improvements at Newby Park valued at $50,000.00; and authorize payment to Friends of Newby Park in the amount of $5,000.00 for City's participation. Council Member Espino made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. SP-05-014 It appeared that the City Council, at its meeting of May 10, 2005, Approved continued the hearing of the application of Rite-Weld Supply, Inc., 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. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, representing the applicant, appeared before Council in support of the zoning change. He presented the original site plan and the new site plan. He stated that the original site plan was approved by the City Zoning Commission on September 1, 2001 and included 3,000 square feet of landscaping. He added that this site plan was requesting 5,052 square feet of landscaping, and would increase the present landscaping over 2,000 square feet. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 13 of 21 Mr. Bob Riley, Development Department Director, responded to Council's inquiry made during the Pre-Council Worksession relative to neighborhood associations notified of the zoning request. He stated that notification was provided to the following neighborhood associations: Diamond Hill-Jarvis; Far Greater Northside Partners Council; and Fort Worth Independent School District. There being no one else present desiring to be heard in connection with the application of Rite-Weld Supply, Inc., Council Member Espino made a motion, seconded by Mayor Pro tempore Silcox, that Site Plan No. SP-05-014 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. Regular Zoning It appeared to the City Council that Resolution No. 3209-05-2005 Hearing was adopted on May 24, 2005, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on May 27, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-062 Ms. Brenda McDonald, 878 S. Denton Tap Road, Suite 130, Coppell, Approved Texas, representing the applicant, appeared before Council in support of the zoning change. She provided a summary of the rezoning of the property and stated that the applicant would invest $17M in the neighborhood. She requested Council's favorable consideration of the zoning request. Council Member Hicks expressed appreciation to Mr. Vaughan Mitchell and Ms. McDonald for the investment in her district and made a motion, seconded by Council Member Burdette, that the application of Vaughan Mitchell for a change in zoning of property located at 317 East Dashwood; 300 and 306 East Cannon; 711, 908, 920 and 925 Crawford; 300, 305 East Leuda; 708, 714 and 894 Calhoun; and in the 300 block of East Terrell Avenue from "D" High Density Multi-Family Residential; "J" Medium Industrial; and "MU- 2" High Intensity Mixed Use to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-03-062, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 14 of 21 ZC-05-072 Mr. William Sowell, 5121 Mansfield Highway, applicant, appeared Approved before Council in support of the zoning change. He stated that he had always stored trailers and sold firewood on the property and had recently received citations by the Code Compliance Department, as his property was not zoned for storage. He added that two trailers and two buses were stored on the property and that he wanted to comply with the City Code and requested the Council approve the zoning change. Council Member Haskin requested clarification on the location of this property, the house on the property and the location of the storage of the trailers on the property. Council Member Haskin expressed concern with the waiving of the site plan and with the storage of the trailers. She added that there was the possibility of additional trailers being stored on the property. She requested consideration of restricting the storage of trailers to only two on this property. Council Member Wheatfall clarified that the property would retain its existing zoning, but the storage of trailers would be added under a "PD/SU" Planned Development/Specific Use. He added that he was not comfortable limiting the amount of storage Mr. Sowell could have on his property. He also pointed out the existing surrounding zoning on adjacent property. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore Silcox, that the application of William Sowell for a change in zoning of property located at 5121 Mansfield Highway from "F- R" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "F-R" General Commercial Restricted, plus outdoor storage of trailers, with waiver of site plan recommended, Zoning Docket No. ZC-05-072, be approved. The motion carried unanimously seven (7) ayes to one (1) nay with Council Member Haskin casting the descending vote and Council Member Davis absent. ZC-05-088 Council Member Burdette made a motion, seconded by Mayor Pro Approved tempore Silcox, that the application of the City of Fort Worth for a change in zoning of property located in the 9800 through 9898 block of Lake Haven Circle and 9800 through 9844 Goodnight Circle from "A-5" One-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-05-088, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 15 of 21 ZC-05-090 Council Member Burdette made a motion, seconded by Mayor Pro Approved tempore Silcox, that the application of Mr. and Mrs. Donovan Williamson for a change in zoning of property located at 612 Alta Drive from "A-5" One-Family Residential to "A-5/HC" One-Family Residential/Historic Cultural, Zoning Docket No. ZC-05-090, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-093 At the request of Council Member Davis, Council Member Hicks Continued Until made a motion, seconded by Mayor Pro tempore Silcox, that the June 28, 2005 application of Marion and Audra Guereca for a change in zoning of property located 1600 California Parkway North from "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial, plus used automobile sales, with waiver of site plan recommended, Zoning Docket No. ZC-05-093, be continued until June 28, 2005. The motion carried unanimously eight (8) ayes to zero (0) nays. SP-05-019 Council Member Picht made a motion, seconded by Mayor Pro Approved tempore Silcox that the application of Tommy Khong, for a site plan of property located at 3407 Sycamore School Road for a restaurant, Site Plan No. SP-05-019, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-094 It appeared that the City Council set today as the date for a hearing Ord. #16476-06- for Zoning Docket No. ZC-05-094, Text Amendment concerning 2005 Historic Preservation Overlay Districts "Tax Incentives. Mayor Approved 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 Text Amendment, Council Member Hicks made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and Zoning Docket No. ZC-05-094 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 16 of 21 ORDINANCE NO. 16476-06-2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTIONS 4.502 "DISTRICTS ESTABLISHED" AND 4.506 "TAX INCENTIVES" OF ARTICLE 5 "HISTORIC PRESERVATION OVERLAY DISTRICTS (`HSE,' `HC,' `DD')" OF CHAPTER 4 "DISTRICT REGULATIONS" TO CLARIFY EXISTING STANDARDS AND TO REVISE THE HISTORIC SITE TAX EXEMPTION FOR THE `HSE' OVERLAY DISTRICT; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-095 Council Member Haskin made a motion, seconded by Council SP-05-020 Member Espino, that the application of Shahida Ejaz for a change Approved in zoning of property located at 3403 North Beach Street from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, and exclude the following uses below, with site plan required for office, Zoning Docket No. ZC-05-095 and Site Plan No. SP-05-020, be approved: Ambulance Dispatch Station Care Facility Center, Community Recreation or Welfare, Government Operated Controlled Center, Community Recreation or Welfare, Private or Non-Profit Country Club (Private) Country Club (Public) Golf Course Golf Driving Range Stealth Communication Towers Telecommunications Antenna (on Structure) Utility Transmission or Distribution Line Amusement Outdoor Massage Therapy Accessory Use or Building Vendor, Transient, Non-Potentially Hazardous Vendor, Transient, Potentially Hazardous Food CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 17 of 21 Swimming Pool, Commercial Recreational Vehicle (RV) Park Cold Storage Plant or Ice Plant Greenhouse or Plant Nursery Large Retail Liquor or Package Store Tattoo Parlor Taxidermist Shop Veterinary Clinic with Indoor Kennels Storage or Display (Outside) Sales of Alcohol for On-Premises Consumption The motion carried unanimously eight (8) ayes to zero (0) nays. SP-05-023 At the request of Council Member Davis, Council Member Hicks Continued Until made a motion, seconded by Mayor Pro tempore Silcox that the June 28, 2005 application of State National Bank, for a site plan of property located at 1413 West 5t" Street, 1300, 1316, 1400, 1410 and 1414 West 7t" Street for a new bank facility, Site Plan No. SP-05-023, be continued until June 28, 2005. The motion carried unanimously eight (8) ayes to zero (0) nays. Matt Carter Mr. Matt Carter, 3212 W. Biddison Street, representing the applicant, appeared before Council in support of the site plan. He expressed concern with the continuation of the site plan as the City Zoning Commission had already approved it and stated that he would be submitting his application tomorrow. Mayor Moncrief explained that this case affected property in Council District 9. He added that Council Member Davis was not present at this meeting and had requested Council continue the case until June 28, 2005, and that as a courtesy to the Council Member, this would be continued. Mr. Bob Riley, Development Department Director, advised the Council that Mr. Carter could submit the application and that it would be placed on hold pending Council's action on June 28, 2005. ZC-05-100 Council Member Haskin made a motion, seconded by Council Approved Member Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 600 through 700 blocks of Fay Street; 720 Williams Road; 7101, 7109 and 7307 Kuban Boulevard from "A-5" One-Family Residential to "A-21" One-Family Residential, Zoning Docket No. ZC-05-100, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 18 of 21 ZC-05-110 Council Member Burdette made a motion, seconded by Mayor Pro Approved tempore Silcox, that the application of Defense Procurement Division for a change in zoning of property located at 4900 West Vickery Boulevard from "E-R" Neighborhood Commercial Restricted and "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for the following uses below, with waiver of site plan recommended, Zoning Docket No. ZC-05-110, be approved: Pharmaceutical and Therapeutic Research, Development and Product Manufacture Offices, Labs, Training and Meeting Rooms Bank or Financial Institution Bulk Storage (Indoor Only) Medical and Pharmaceutical Supplies Packaging, Storage or Sales (Indoor Only) Place of Worship Community Recreation Center, Government Operated or Controlled, Private or Non-Profit Health Services Facility, Including Doctors' Offices or Medical Clinics The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-114 Council Member Burdette made a motion, seconded by Council Approved Member Wheatfall, that the application of Hampton Place, Inc., for a change in zoning of property located 5750 West Vickery Boulevard from "A-5" One-Family Residential to "F" General Commercial, Zoning Docket No. ZC-05-114, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-097 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, Set for Special representing the applicant, appeared before Council in support of Hearing July 19, the zoning change as originally submitted to the City Zoning 2005 Commission. He stated that he was appealing the decision of the Dennis Hopkins City Zoning Commission as the property had to be considered as one unit in order for the proposed development to work. He added that 36 acres would be zoned "A-7.5" One-Family Residential and the remaining property rezoned to accommodate multi-family at a lower density. He further stated that the development had a direct impact on the realignment of Meadowbrook Drive and requested this case be set for a special hearing on July 19, 2005. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 19 of 21 Robert Krone Mr. Robert Krone, 2125 Cooks Lane, appeared before Council in opposition of the zoning change. He expressed strong opposition to multi-family housing and added that developments on the north and south side of this area had already added to traffic congestion and trash problems. Harry Taylor Dr. Harry Taylor, 2125 Cooks Lane, representing the Highland Hills Neighborhood Association, appeared before Council in opposition of the zoning change. He stated that the community was against multi-family residences and commercial zoning at this location and requested Council deny the zoning request. Council Member Wheatfall stated that the applicant was actually down zoning the area to "A-7.5" One-Family Residential. He added that the applicant was not allowed to address the City Zoning Commission relative to those areas approved or denied and therefore should be afforded the opportunity to explain the reason for the rezoning of the property. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore Silcox, that the application of Claneco, Ltd., and Peter Jon Naus for a change in zoning of property located in the 1900 block of Cooks Lane and the 7900 block of Meadowbrook Drive from "C" Medium Density Multi-Family Residential; "PD-58" Planned Development; "E" Neighborhood Commercial; and "E-R" Neighborhood Commercial Restricted to (Tract 1) "A-7.5" One- Family Residential; (Tract II) "E" Neighborhood Commercial; and (Tract III) "C" Medium Density Multi-Family, Zoning Docket No. ZC- 05-097, be set for a special hearing on July 19, 2005. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-065 Mayor Pro tempore Silcox made a motion, seconded by Council Denied Member Wheatfall, that the application of Eddy Schuder, Inc., for a change in zoning of property located 4620 Granbury Road from "E" Neighborhood Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC-05-065, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore Silcox made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 20 of 21 ORDINANCE NO. 16477-06-2005 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 eight (8) ayes to zero (0) nays. Citizen Mayor Moncrief recognized Mr. Gerald Miller as wishing to address Presentations the Council relative to parking violations; however, Mr. Miller was Gerald Miller not present. Rudolph Fisher, Mr. Rudolph Fisher and Ms. Linda Hines, 1064 E. Magnolia, Linda Hines appeared before Council relative to clean up efforts on various properties they own on Magnolia and Bransford. They expressed concern with gang activity, prostitution, and drugs in this area and stated they had cleaned up the property to preclude such activity and improve the appearance of the community. They stated that once the properties had been cleaned up, they received a bill for $6,000.00 from the Code Compliance Department that reflected the City had performed the clean up. They asked for Council's assistance in resolving this matter. Mayor Moncrief asked them to meet with Assistant City Manager Libby Watson to resolve their concerns. Travis Mr. Travis Parramore, 200 Burnett Street #624, appeared before Parramore Council relative to suggestions regarding recycling; use of vacant land to plant and grow various vegetable to help with the food banks; and a partnership with the Fort Worth Day Labor, Texas CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 14, 2005 PAGE 21 of 21 Workforce, Pacesetters and DDQ on W. Lancaster to be transported by The T or THE Railway to Arlington to work at the new Stadium on various jobs and to pick up the trash after the games to help with the economy. William Wright Mr. William Wright, 6301 Malvey Avenue, appeared before Council relative to illegal aliens. He expressed his concern with cities who have adopted a sanctuary policy whereby they do not check the citizenship status of people arrested for various crimes. He made reference to a large drug bust in Tarrant County that occurred last year where the Grim' inals were from Dallas and in the country illegally. Mr. Wright requested clarification on the City's policy in this regard and if people that are arrested are checked as to their citizenship status and turning people over to Immigration and Naturalization. Council Member Espino stated that Police responsibility was to arrest criminals; that they did not routinely ask a person if they were in an immigration hold status. Mr. Wright added that if the Police did not ask the person if he/she were on an immigration hold status when they were arrested or detained, then it would never be known. He stated that it would be wise to give this matter serious consideration as it placed a strain on hospitals, prisons, and social security. City Attorney Yett advised Council that Executive Session was not necessary. Adjournment There being no further business, the meeting was adjourned at 8:24 p.m. These minutes approved by the Fort Worth City Council on the 21St day of June, 2005. Attest: Approved: '0A0el Marty Hen ix Michael on of City Secretary Mayor