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Home My WebLink About2005/07/19-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 Date & Time On the 19th day of July, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:13 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Chuck Silcox; Council Members Salvador Espino, Becky Haskin, Donavan Wheatfall, Jungus Jordan, Carter Burdette, Kathleen Hicks, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Mayor Mike Moncrief was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Mark Washington, Armstrong AME Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Haskin, the minutes of the regular meeting of July 5, 2005, were approved unanimously by a vote of eight (8) ayes to (0) nays, with Mayor Moncrief absent. Special Youth delegations from Kids Who Care, representing various Presentations countries, performed a musical presentation for the Council and audience. (Council Member Hicks stepped away from the dais.) Mr. Kenneth Barr, President-Elect of Fort Worth Sister Cities International, introduced the student delegation participating in the Nagaoka, Japan's Harashin Scholars Program. A student representative expressed appreciation to the Council for their support of the program and presented a gift to the City which was accepted by Mayor Pro tempore Silcox. Mr. Barr also introduced Mr. Maxwell Jele, President of Swaziland National Youth Council, who was visiting the City on a professional exchange to meet with local youth and health related organizations. Mr. Jele expressed appreciation to the Council for the hospitality he had been given and presented a gift to the City which was also accepted by Mayor Pro tempore Silcox. The student delegation and Mr. Jele were presented with City pins in recognition of their visit. Mayor Pro tempore Silcox recognized former Council Member Ralph McCloud in the audience and also congratulated former Fort Worth Mayor Barr on his election as President of Fort Worth Sister Cities International. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 2 of 38 Council Member Davis presented a Proclamation for Mobile Recreation Summer Day Camp Day to Ms. Roberta Florez, Community Volunteer, and Sheri Endsley, District Superintendent, Parks and Community Services Department. Children from Rosemont Middle School recited an original poem they wrote to express appreciation to the Council for their support of the program. Children from George Clarke Elementary School demonstrated their artwork and presented T-shirts to the Council. Children from E.M. Daggett Elementary School performed an original dance for the Council. Council Member Davis provided information on a proclamation she recently presented for Youth Suicide Prevention Day. She advised that the Jason Foundation had been created by Clark Flatt, who lost his teenage son, Jason Flatt, to suicide. She commended Mr. Flatt on his foundation and Millwood Hospital, who was hosting a program to prevent other teenage suicides. Announcements Council Member Espino announced that a District 2 breakfast for the Riverside Neighborhood Leadership would be held July 23, 2005 at 8:30 a.m. at Teresa's Dixie House Cafe and that a breakfast for the Far North Fort Worth community would be held July 30, 2005 at 9:00 a.m. at the Snooty Pig Cafe. He also requested that the meeting be adjourned in honor of the passing of Bishop Joseph Delaney from the Catholic Diocese of Fort Worth. Mayor Pro tempore Silcox announced that the U.S. Army Corps of Engineers would conduct a public input hearing for a proposed Central City Project on July 26 and 27, 2005 at the YWCA, 512 W. 4t" Street. He added that there would be an open house from 4:00 p.m. to 7:00 p.m., followed by a public forum from 7:00 p.m. to 8:00 p.m. He further stated that an informational kiosk would be staffed both evenings to answer any questions about the Central City and the Trinity Uptown Project and that the Environmental Impact Statement could be downloaded from www.swf.USACE.Army.mil. He encouraged everyone interested to attend one of these meetings and provide their input. Withdrawn from City Attorney Yett requested that Mayor and Council Consent Agenda Communication No. G-14861 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 3 of 38 Council Member Haskin requested that Mayor and Council Communication No. C-20849 be withdrawn from the consent agenda. Continued/ City Attorney Yett requested that Mayor and Council Withdrawn By Communication No. G-14861 be withdrawn. Staff (Council Member Hicks returned to her chair at the dais.) Consent Agenda On motion of Council Member Wheatfall, seconded by Council Member Espino, the consent agenda was adopted unanimously by a vote of eight (8) ayes to (0) nays, with Mayor Moncrief absent. Presentations by Council Member Jordan made a motion, seconded by Council City Council Member Haskin, that Ms. Nancy Marks be appointed to Place 6 on Appointments the Fort Worth Commission for Women, effective July 19, 2005 and with a term expiring October 1, 2006. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1497 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1497 from the Office of the City Secretary recommending that the Approval City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Doyle Millhollon dba M&M Concrete American States Insurance Company Construction Nash Construction Old Republic Surety Company David Zepeda American States Insurance Company Jose Armando Soria RLI Insurance Company Concrete Systems, Inc. RLI Insurance Company New Synergy Custom Homes Insurors Indemnity Company Turnkey Construction Company Employers Mutual Casualty Company PFC Contracting RLI Insurance Company Site Concrete, Inc. Hartford Casualty Insurance Company Hidalgo Industrial Services, Inc. Oklahoma Surety Company Charley Offutt dba C.A.O. Western Surety Company Construction Jose Delgado CAN Surety Casey R. Ousley Western Surety Company Double R. Concrete Construction Western Surety Company Blue Sky Builders, LLC The Guarantee Company of North America USA CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 4 of 38 It was the consensus of the City Council that the recommendation be adopted. OCS-1498 There was presented Mayor and Council Communication No. OCS- Claims 1498 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1499 There was presented Mayor and Council Communication No. OCS- Res. #3234-07- 1499 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 3234-07-2005 setting the regular Setting Regular zoning hearing for August 9, 2005. Council Member Wheatfall Zoning Hearing made a motion, seconded by Council Member Espino, that the resolution be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. Res. #3235-07- There was presented Resolution No. 3235-07-2005 appointing the 2005 following members to the Board of Directors of the Central City Appoint Local Government Corporation effective July 19, 2005 and with Members to terms expiring April 30, 2007: Board of Directors of New Member Replacing Central City Salvador Espino Jim Lane Local Jungus Jordan Clyde Picht Government Carter Burdette John Stevenson Corporation Kathleen Hicks Ralph McCloud Council Member Burdette made a motion, seconded by Council Member Davis, that the resolution be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. G-14851 There was presented Mayor and Council Communication No. G- Interlocal 14851 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an Interlocal Agreement with TAD for Access the Tarrant Appraisal District (TAD) to use Pictometry's products to Pictometry for digital aerial photos at no cost to the City. It was the Digital Aerial consensus of the City Council that the recommendation be Photos adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 5 of 38 G-14852 There was presented Mayor and Council Communication No. G- Ord. #16505-07- 14852 from the City Manager recommending that the City Council 2005 repeal Ordinance No. 16306-02-2005; and adopt Ordinance No. Repeal Ord. 16505-07-2005 vacating and extinguishing excess right-of-way in #16306-02-2005 the William Bussell Survey, Abstract No. 151 and being a portion of and Vacate and West Fifth Street and Forest Park Boulevard; beginning at the Extinguish southeast corner of Lot 1, Block 1, Calvary Addition; containing Excess Right-of- 19,789 square feet or 0.454 acres of land in the A. Robinson Way in William Survey, Abstract No. 1289; being a portion of Penn Street; and Bussell Survey, beginning at the southwest corner of Lot 16, Carlock's Addition, Calvary and containing 84,804 square feet or 1.946 acres of land, in the City of Carlock's Fort Worth, Tarrant County, Texas. It was the consensus of the Addition City Council that the recommendation be adopted. G-14853 There was presented Mayor and Council Communication No. G- Res. #3236-07- 14853 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3236-07-2005 authorizing $147,050.52 as the Increase maximum amount to be paid to Whitaker, Chalk, Swindle & Sawyer, Amount to be L.L.P., to represent the City of Fort Worth in the prosecution of the Paid to Condemnation Lawsuit entitled City of Fort Worth v. Calvin B. Whitaker, Chalk, Peterson, et al, Cause No. ED-2003-00494 in Denton County, Texas. Swindle & It was the consensus of the City Council that the recommendation Sawyer, L.L.P., be adopted. in Lawsuit Entitled City of Fort Worth v. Calvin B. Peterson G-14854 There was presented Mayor and Council Communication No. G- Res. #3237-07- 14854 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3237-07-2005 consenting to economic Economic incentives granted by the City of Irving to DPF Trade Center I, L.P., Incentives to in return for locating regional distribution center at Dallas/Fort DPF Trade Worth International Airport. It was the consensus of the City Center I, L.P. Council that the recommendation be adopted. G-14855 There was presented Mayor and Council Communication No. G- Ord. #16506-07- 14855 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept $13,430.00 in the 2003 Accept Funds Historic Preservation Funds from the Texas Historical from Texas Commission; and adopt Appropriation Ordinance No. 16506-07- Historical 2005 increasing estimated receipts and appropriations in the Commission Special Trust Fund in the amount of $13,430.00 from available CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 6 of 38 funds for the purpose of funding the Citywide Historic Preservation Plan (M&C G-14018). It was the consensus of the City Council that the recommendation be adopted. G-14856 There was presented Mayor and Council Communication No. G- Authorize 14856 from the City Manager recommending that the City Council Condemnation declare the necessity of taking an interest in a portion of land in for Property Lot 1, Block 1, of the Glenn Gidel Addition, as recorded in Volume Owned by E. 6152, Page 833, Tarrant County Deed Records; and authorize the Glenn Gidel and City Attorney to institute condemnation proceedings to acquire the Linda Gidel, interest in the land. It was the consensus of the City Council that the recommendation be adopted. G-14857 There was presented Mayor and Council Communication No. G- Ord. #16507-07- 14857 from the City Manager recommending that the City Council 2005 authorize the transfer of $41,004.51 from the Water and Sewer Authorize Operating Fund to the Sewer Capital Project Fund in the amount of Payment under $41,004.51; adopt Appropriation Ordinance No. 16507-07-2005 Protest to increasing estimated receipts and appropriations in the Sewer Southwestern Capital Project Fund in the amount of $41,004.51 from available Bell for Sanitary funds for the purpose of funding a payment under protest to Sewer Southwestern Bell for the relocation of Southwestern Bell's Rehabilitation conflicting utility located at the intersection of 7t" Street and Carroll Contract LXVII Street; and authorize payment under protest in the amount of (67) Part 1 $41,004.51 to Southwestern Bell for the relocation of its conflicting utility located at the 7th Street/Carroll Street intersection. It was the consensus of the City Council that the recommendation be adopted. G-14858 There was presented Mayor and Council Communication No. G- Ord. #16508-07- 14858 from the City Manager recommending that the City Council 2005 authorize the City Manager to apply for and accept a tobacco Accept a education and prevention grant from the Texas Comptroller of Statewide Public Accounts in the amount of $18,000.00; and adopt the Tobacco Appropriation Ordinance No. 16508-07-2005 increasing estimated Education and receipts and appropriations in the Grants Fund in the amount of Prevention $18,000.00, subject to receipt of a Tobacco Education and Grant Prevention Grant from the Texas Comptroller of Public Accounts, for the purpose of funding the Tobacco Education and Prevention Program. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 7 of 38 G-14859 There was presented Mayor and Council Communication No. G- Ord. #16509-07- 14859 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16509-07-2005 amending City Ordinance No. Increase 15819, by increasing from twenty (20) to one hundred (100) the Number of number of shuttles which Supershuttle DFW Corporation is Shuttles for authorized to operate upon the public streets, alleys and Supershuttle thoroughfares of the City; providing that the findings and DFW recitations contained in the preamble are the findings of the City Corporation Council; and providing for written acceptance of this ordinance by Supershuttle DFW Corporation. It was the consensus of the City Council that the recommendation be adopted. G-14860 There was presented Mayor and Council Communication No. G- Execute Deed of 14860 from the City Manager recommending that the City Council Trust Lien by authorize the City Manager to execute a written consent to the Spinks Air execution of a Deed of Trust Lien by Spinks Air Associates, LLC, in Associates, LLC favor of Citizens National Bank in Waxahachie for lease sites E-7 and Authorize through E-11 at Fort Worth Spinks Airport; and authorize execution Execution of of Amendment No. 1 to City Secretary Contract 30198 increasing Amendment #1 the initial square footage from 86,633 square feet to 103,482 square to CSC #30198, feet at Fort Worth Spinks Airport. It was the consensus of the City at Fort Worth Council that the recommendation be adopted. Spinks Airport G-14861 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14861, Authorization to Negotiate and, if Needed, to Condemn One Permanent Water Line Easement and One Temporary Construction Easement across Property Owned by Marianne Brants and HARLU LIMITED PARTNERSHIP, Located in Northwest Fort Worth, be withdrawn. G-14862 There was presented Mayor and Council Communication No. G- Ord. #16510-07- 14862 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16510-07-2005 adopting a per acre charge for Adopt Sewer Per the 1,463.83 acres served by City initiated sewer mains under Acre Charge for Sewer Project No. P173-070173013243, DOE #4468 (the "Golden City Initiated Triangle Blvd./Old Denton Road sewer mains"). Sewer Mains in Golden Triangle 1. Establish $696.68 as the sewer per acre charge for the Boulevard/Old Golden Triangle Boulevard/Old Denton Road sanitary Denton Road sewer mains; and City Project No. P173- 070173013243 CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 8 of 38 2. Establish the basin boundaries for these per acre charges to be assessed with payment of the assessment to the Fort Worth Water Department. It was the consensus of the City Council that the recommendation be adopted. G-14863 There was presented Mayor and Council Communication No. G- Ord. #16511-07- 14863 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16511-07-2005 adopting a per acre charge for Adopt Sewer Per the 117 acres served by City initiated sewer mains under Sewer Acre Charge for Project No. PS58-070580176360, DOE #4080 (the "Town of Tarrant Sewer Mains in Addition Sewer Mains"); and establish the basin boundaries for the Town Of these per acre charges to be assessed with payment of the Tarrant Addition assessment to the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. G-14864 There was presented Mayor and Council Communication No. G- Res. #3238-07- 14864 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3238-07-2005 enacting a 45-day extension of Extend the moratorium on the creation of new Neighborhood Moratorium on Empowerment Zones. Council Member Wheatfall made a motion, Creation of New seconded by Council Member Davis, that the recommendation be Neighborhood adopted. The motion carried unanimously eight (8) ayes to (0) Empowerment nays, with Mayor Moncrief absent. Zones by 45- days G-14865 There was presented Mayor and Council Communication No. G- Approve 14865 from the City Manager recommending that the City Council Extension of approve an extension of injury leave-of-absence pay benefits for Injury Leave-of- Police Officer Lisa Ramsey. Council Member Davis made a motion, Absence Pay seconded by Council Member Wheatfall, that the recommendation Benefits for be adopted. The motion carried unanimously eight (8) ayes to (0) Police Officer nays, with Mayor Moncrief absent. Lisa Ramsey CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 9 of 38 G-14866 There was presented Mayor and Council Communication No. G- Accept 2005 14866 from the City Manager recommending that the City Council Kawasaki Mule accept the donation of a 2005 Kawasaki Mule 3010 from Downtown 3010 from Fort Worth, Inc., for the Fort Worth Improvement District 1. Downtown Fort Worth, Inc., for Mr. Allan Howeth, 6224 Curzon, Chair, Downtown Fort Worth, Inc., Fort Worth appeared before Council in support of the donation and to Improvement ceremoniously transfer ownership of the all terrain vehicle to the District 1 City of Fort Worth. He added that the vehicle would be used by Allan Howeth Neighborhood Policing District No. 1 in Public Improvement District (PID) No. 1 to increase the visibility, effectiveness and functionality of the Police in the district. Council Member Davis expressed appreciation to Mr. Howeth for the donation and to Board members of the PID and those individuals who voluntary donated tax dollars to create the PID. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. G-14867 There was presented Mayor and Council Communication No. G- Ord. #16512-07- 14867 from the City Manager recommending that the City Council: 2005 Ord. #16513-07- 1. Authorize the City Manager to accept a monetary 2005 donation in the amount of $25,000.00 from "Once Upon A Accept Monetary Time"; Donations from Once Upon a 2. Adopt Appropriation Ordinance No. 16512-07-2005 Time and increasing estimated receipts and appropriations in the Authorize Special Gifts Fund in the amount of $25,000.00 from Purchase of Ten available funds, for the purpose of funding a transfer to Computer Units the General Fund for ten computer units and related and Computer computer equipment for the Fire Department's Equipment for Command-Training Project; Fire Departments 3. Authorize the transfer of $25,000.00 from the Special Command- Gifts Fund to the General Fund; Training Project CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 10 of 38 4. Adopt Appropriation Ordinance No. 16513-07-2005 increasing estimated receipts and appropriations in the General Fund in the amount of $25,000.00 from available funds, for the purpose of funding ten computer units and related computer equipment for the Fire Department's Command-Training Project; and 5. Authorize the purchase of ten computer units and related computer equipment for the Fire Department's Command-Training project. Council Member Davis made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted with appreciation. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. G-14868 There was presented Mayor and Council Communication No. G- Ord. #16514-07- 14868 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept funds in the amount of Accept Funds $60,000.00 from the Amon G. Carter Foundation to supplement the from Amon G. operation of the 2005 Parks and Community Services Summer Day Carter Camp at Como Community Center; and adopt Appropriation Foundation to Ordinance No. 16514-07-2005 increasing estimated receipts and Assist in appropriations in the Special Trust Fund in the amount of Funding Parks $60,000.00 from available funds for the purpose of funding the and Community operation of the 2005 Parks and Community Services Summer Day Services 2005 Camp at Como Community Center. Council Member Burdette Summer Day made a motion, seconded by Council Member Davis, that the Camp at Como recommendation be adopted with appreciation. The motion carried Community unanimously eight (8) ayes to (0) nays, with Mayor Moncrief Center absent. Council Member Burdette stated that this was a wonderful donation for public needs and that the funds would be used well. Public Hearing It appeared that the City Council set today as the date for a public hearing on the Proposed Amendment to the Master Thoroughfare Plan, MT-05-003, to delete a portion of Alemeda Road from just southeast of Academy Boulevard to a point just north of IH-30. Mayor Pro tempore Silcox opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 11 of 38 Mr. Christa Sharpe, representing the Transportation/Public Works Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14869 as follows: G-14869 There was presented Mayor and Council Communication No. G- Amend Master 14869 from the City Manager recommending that the City Council Thoroughfare adopt the proposed amendment to the Master Thoroughfare Plan Plan (MTP), MT-05-003, to delete a portion of Alemeda Road from just (MT-05-003) southeast of Academy Boulevard to a point just north of IH-30. Jerry Sylo Mr. Jerry Sylo, 17090 Dallas Parkway, Dallas, Texas, representing the applicant, appeared before Council in support of the amendment. There being no one else present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14869 be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on the Denial of Proposed Amendment to the Master Thoroughfare Plan: Realignment of North Tarrant Parkway between IH-35W and US 287 (MT-05-002). Mayor Pro tempore Silcox opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Christa Sharpe, representing the Transportation/Public Works Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14870 as follows: G-14870 There was presented Mayor and Council Communication No. G- Denied 14870 from the City Manager recommending that the City Council Amendment to deny the proposed amendment to the Master Thoroughfare Plan MTP (MTP), MT-05-002, to realign North Tarrant Parkway between IH- (MT-05-002) 35W and US 287. Donald Mr. Donald Silverman, 14900 Landmark Boulevard, Dallas, Texas, Silverman representing the owner of the property, appeared before Council in opposition of the denial and in support of the amendment. He expressed their support of the proposed alignment of North CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 12 of 38 Tarrant Parkway and it was in the best interest of the City to move people out and about the City. He stated that the alignment was almost entirely on their property and they estimated it would save the City $10 million to stay with this alignment. He added that the alignment was a mobility issue and pointed out limited access to get across the City and requested the Council support the amendment. Earl Stickles Mr. Earl S. Stickles, 8428 Minturn Drive, appeared before Council in opposition of the denial. He stated that the existing plan would place undue stress on him and his neighborhood and that access onto Harmon Road would need to be controlled by the installation of a traffic signal. He requested that Council approve the amendment. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the property owners, appeared before Council in support of the denial. He stated that mobility was the issue and that they supported Staff's recommendation that the Master Thoroughfare Plan (MTP) remain unchanged. He added that Mr. Silverman's statement that they did not have an opportunity to participate in the adoption of the current MTP was not accurate as they were given various opportunities beginning in 2003 to be part of the process, but declined to attend the meetings. He further stated that the $10 million figure was probably the result of the City not having to condemn property for right-of-way. Matthew Craig Mr. Matthew Craig, 4000 Fossil Creek Boulevard, representing Halff Associates for Legacy Capital, appeared before Council in support of the denial to the Master Thoroughfare Plan. Council Member Davis requested clarification on the alignment of the roadway south of 287 and whether the Staff was tied to that alignment location. Council Member Espino asked Ms. Sharpe to address the east/west mobility issue. Council Member Jordan asked Ms. Sharpe to address the $10 million savings alleged by Mr. Silverman. These items were clarified by Ms. Sharpe. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 13 of 38 There being no one else present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-14870 be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on Increasing Estimated Receipts in the Crime Control and Prevention District Fund to Reimburse General Fund for At-Risk Youth Programs. Mayor Pro tempore Silcox opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Susan Alanis, representing the Police Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14871 as follows: G-14871 There was presented Mayor and Council Communication No. G- Ord. #16515-07- 14871 from the City Manager recommending that the City Council 2005 adopt Supplemental Appropriation Ordinance No. 16515-07-2005 Crime Control increasing estimated receipts and appropriations in the Crime and Prevention Control and Prevention District Fund in the amount of $100,000.00 District Fund to from available funds, for the purpose of funding At-Risk Youth Reimburse Programs; and authorize the transfer of $100,000.00 from the Crime General Fund for Control and Prevention District Fund to the General Fund. At-Risk Youth Programs Council Member Burdette stated that he would support this issue with the understanding that the expenditure of funds would be strictly monitored by City staff and a comprehensive performance report be provided to Council the Fall of 2005. Council Member Davis asked that when the report was provided that the Crime Control and Prevention District Board be asked to put in place review mechanisms on the programs being considered to be funded. She added that the Board could then provide a report to the Council that provided a more detailed and thorough analysis of how the organizations being funded were selected. She further stated that this would put in place some oversight to have the Board use objective factors to determine the efficacy of the program. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 14 of 38 Council Member Jordan stated for the record that although he voted in opposition initially when it was presented before the Council, his support of this issue at this time would be with the understanding that the General Fund would be reimbursed. Council Member Espino expressed appreciation to Council Member Wheatfall for his leadership on this issue and to the community for their support. He echoed the concern of Council Members Burdette and Davis that City funds be safeguarded and added that he expected to see positive impact from the youth benefiting from these programs. Council Member Wheatfall expressed appreciation to the Council for their support of this issue and stated that he would like all City budgetary expenditures to be scrutinized as well as this issue had been. He advised Council that he had previously stated he wanted a complete review of all expenditures on funded programs, to include Community Development Block Grant funds. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. G-14871 be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. P-10188 There was presented Mayor and Council Communication No. P- Electrical 10188 from the City Manager recommending that the City Council Ground Boxes authorize a purchase agreement for electrical ground boxes with Hughes Supply, Inc., for the Transportation/Public Works Department with payment due 30 days from receipt of invoice; and authorize this agreement to begin July 19, 2005 and expire July 18, 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-10189 There was presented Mayor and Council Communication No. P- Flowable Fill 10189 from the City Manager recommending that the City Council authorize a purchase agreement for flowable fill with Old Castle APG Texas, Inc. d/b/a Custom Crete, for the Water Department based on "best value" with payment due 30 days after receipt of invoice and freight cost included; authorize this agreement to begin July 19, 2005, and expire July 18, 2006, with options to renew for two additional one-year periods; and authorize the City CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 15 of 38 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. P-10190 There was presented Mayor and Council Communication No. P- Pump Control 10190 from the City Manager recommending that the City Council Valve authorize the purchase of a pump control valve from Henry Pratt Company through Texas Procurement Center (TPC) based on the low bid of $61,388.00, freight included, with payment due 30 days after receipt of invoice. It was the consensus of the City Council that the recommendation be adopted. P-10191 There was presented Mayor and Council Communication No. P- Cast Iron 10191 from the City Manager recommending that the City Council Manhole Frames authorize a purchase agreement for cast iron manhole frames and and Covers covers with Municipal Water Works Supply, LP, through Texas Procurement Center (TPC) for the Water Department based on best value. Freight is included and payment is due 30 days after receipt of invoice; and authorize this agreement to begin July 19, 2005 and expire July 18, 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-10192 There was presented Mayor and Council Communication No. P- Locksmith 10192 from the City Manager recommending that the City Council Services authorize a purchase agreement for locksmith services with Priority Lock & Key Inc., for the City of Fort Worth based on best value. Payment is due 30 days from date the invoice is received; authorize this agreement to begin July 21, 2005 and expire on July 20, 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 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. P-10193 There was presented Mayor and Council Communication No. P- Painting 10193 from the City Manager recommending that the City Council Preparation authorize the purchase of painting preparation services for Services Cowtown Brush Up 2005 with Integrity Home Repair and Construction for the Housing Department based on best value, for CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 16 of 38 an amount not to exceed $119,307.50, with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-10194 There was presented Mayor and Council Communication No. P- Online Auction 10194 from the City Manager recommending that the City Council Services authorize the City Manager to execute an Interlocal Agreement with the City of Lewisville in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program"; authorize a purchase agreement for online auction services with Lone Star Auctioneers, utilizing a City of Lewisville contract, for the City of Fort Worth. Prices are based on the total proceeds of the sale plus a flat commission rate of 5.69 percent and payment is due within 30 days of the date of invoice; and authorize this agreement to begin July 19, 2005 and expire on July 18, 2006, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-14115 There was presented Mayor and Council Communication No. L- Right-of-Way 14115 from the City Manager recommending that the City Council Easement approve the acceptance of one right-of-way easement described as a portion of N.A. Robertson Survey, Abstract No. 1275, Tract 3E, Tarrant County, Texas, from Dennis J. Bentley for property located in north Fort Worth (DOE 4571), necessary to construct and maintain the usual rights of ingress and egress for the purpose of street construction on Prewett Road, at a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14116 There was presented Mayor and Council Communication No. L- Permanent 14116 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as portion of the Shelby County School Lands Survey, Abstract No. 1375, Tarrant County, Texas, from Shelby 161 LP, for property located in far South Fort Worth (DOE 4519), necessary for the construction, operation, maintenance and repair of sewer facilities to serve the Kingspoint Subdivision Phase I development, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 17 of 38 L-14117 There was presented Mayor and Council Communication No. L- Special 14117 from the City Manager recommending that the City Council Warranty Deed approve acceptance of one special warranty deed and three and Temporary temporary right-of-way easements described as portion of the Right-of-Way J.M.C. Lynch Survey, Abstract No. 955, and part of Lots A and B, Easements Block 1, Longhorn Subdivision and part of Lot 1, Block 1, Herman G. Cox Addition, Tarrant County, Texas, from Trinity Park, Inc. for property located west of the Central Business District (DOE 3777), necessary for the construction, operation and maintenance of Museum Way, constructed as part of the South of 7t" development, for a total consideration of $13.00. It was the consensus of the City Council that the recommendation be adopted. L-14118 There was presented Mayor and Council Communication No. L- Right-of-Way 14118 from the City Manager recommending that the City Council Easement authorize conveyance of one right-of-way easement described as portion of Lot 1R, Block 1, Eagle Mountain Water Treatment Plant, Tarrant County, Texas, to TXU Electric Delivery Company at the Eagle Mountain Water Treatment Plant (DOE 0100), necessary for the installation, operation and maintenance of electrical upgrades to the Eagle Mountain Water Treatment Plant Expansion, for a total consideration of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-14119 There was presented Mayor and Council Communication No. L- Right-of-Way 14119 from the City Manager recommending that the City Council Easement authorize conveyance of one right-of-way easement described as portion of Lot 1R, Block 1, Eagle Mountain Water Treatment Plant, Tarrant County, to TXU Electric Delivery Company at the Eagle Mountain Water Treatment Plant (DOE 5002), necessary for the installation, operation and maintenance of electrical utilities to serve the IT Solutions Western Communications Tower, for a total consideration of $10.00. 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 on the Authorization for Conversion of Smith-Wilemon Park for the Subsurface Drilling and Extraction of Gas. Mayor Pro tempore Silcox opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, Acting Assistant Director of the Parks and Community Services Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. L-14120 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 18 of 38 L-14120 There was presented Mayor and Council Communication No. L- Subsurface 14120 from the City Manager recommending that the City Council Drilling and conduct a public hearing under the guidelines set forth by the Extraction of Texas Parks and Wildlife Code, Chapter 26, Protection of Public Gas Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and extraction of natural gas on land situated in Smith-Wilemon Park, as described in the W. L. Tandy Survey, Abstract No. 1538, White Lake Hills Addition, Block D, Lot A, as recorded in Volume 13263, Page 142, Deed Records, Tarrant County, Texas. (Council Member Wheatfall stepped away from the dais.) Peggy Terrell Ms. Peggy Terrell, 5025 Marble Falls Road, appeared before Council in support of this issue. She stated that the residents of the area received the land as a gift, and in turn, gave the land to the City. She requested the Council consider using the revenue produced from the drilling for park improvements for irrigation, electricity, and security lighting. (Council Member Wheatfall returned to his chair at the dais.) Damon Mr. Damon Dockstader, 308 Cedar Creek Court, appeared before Dockstader Council in support of this issue. He also requested that the revenues generated from the drilling be used for park improvements. Council Member Haskin clarified that the drilling was going to be under the park. She asked Mr. Pitchford if there was a signing bonus and if so, to explain the distribution of the revenue received. Mr. Pitchford stated that signing bonus revenues remained with the well park site. He added that drilling royalties were dispersed by two-thirds going to the parks' Capital Improvement Program and one-third going to all parks in the City. Council Member Wheatfall requested clarification of the terminology of "conversion" which was explained by Mr. Pitchford. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 19 of 38 There being no one else present desiring to be heard in connection with the public hearing, Council Member Haskin made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. L-14120 be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. PZ-2602 City Secretary Hendrix advised that, as stated in the Pre-Council Heard with Worksession, Mayor and Council Communication No. PZ-2602, Zoning Docket Adoption of an Amendment to the City Plan Commission Rules and No. ZC-05-112 Regulations to Establish Block Length Standards for "MU-1G" and and ZC-05-113 "MU-2G" Mixed-Use Zoning Districts, would be heard in conjunction with Zoning Docket No. ZC-05-112 and ZC-05-113. PZ-2603 There was presented Mayor and Council Communication No. PZ- Amend City Plan 2603 from the City Manager recommending that the City Council Commission adopt an amendment to the City Plan Commission Rules and Rules and Regulations, being specifically Section 302. Preliminary Plat, Regulations, Subsection A. General, by adding paragraph No. 19, to include: Section 302 Certification that the proper zoning is established, or has been applied for, prior to submission of an application for a Preliminary Plat. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20838 There was presented Mayor and Council Communication No. C- Antero 20838 from the City Manager recommending that the City Council Resources authorize the City Manager to execute a Public Right-of-Way Use Pipeline, LP Agreement with Antero Resources Pipeline, LP (Antero), that grants Antero a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20839 There was presented Mayor and Council Communication No. C- Stroud Energy, 20839 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with Stroud Energy, Ltd., that grants Stroud Energy, Ltd., a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 20 of 38 C-20840 There was presented Mayor and Council Communication No. C- Consent to 20840 from the City Manager recommending that the City Council Assignment - consent to the assignment of an Economic Development Program Railhead Agreement (City Secretary Contract No. 30735) by Railhead Industrial Park Industrial Park Investors, L.P., to Zephyr Rail Industrial, L.P.; find Investors, L.P. that Zephyr Rail Industrial, L.P., is financially capable of and Zephyr Rail completing certain infrastructure improvements required by City Industrial, L.P. Secretary Contract No. 30735; and authorize the City Manager to execute a Consent to Assignment Agreement with Railhead Industrial Park Investors, L.P., and Zephyr Rail Industrial, L.P. It was the consensus of the City Council that the recommendation be adopted. C-20841 There was presented Mayor and Council Communication No. C- Consent to 20841 from the City Manager recommending that the City Council Assignment - consent to the assignment of an Economic Development Program BCM/CHI Agreement (City Secretary Contract No. 31475) by BCM/CHI Worthington, Worthington, L.P., to DRH Worthington Owner, L.P.; consent to the L.P. and DRH assignment of a Room Block Agreement (City Secretary Contract Worthington No. 31500) by BCM/CHI Worthington, L.P., to DRH Worthington Owner, L.P. Owner, L.P.; find that DRH Worthington Owner, L.P., is financially capable of completing those improvements to the Renaissance Worthington Hotel anticipated under the Economic Development Program Agreement; and authorize the City Manager to execute Consent to Assignment Agreements with BCM/CHI Worthington, L.P., and DRH Worthington Owner, L.P. It was the consensus of the City Council that the recommendation be adopted. C-20842 There was presented Mayor and Council Communication No. C- Amendment 20842 from the City Manager recommending that the City Council Number 3 to authorize the City Manager to execute Amendment Number 3 to the Huitt-Zollars, engineering agreement with Huitt-Zollars, Inc., in the amount of Inc. $277,939.60 for a total contract amount not to exceed $610,439.60, for the design of Arborlawn Drive from International Plaza to Bryant Irvin Road. It was the consensus of the City Council that the recommendation be adopted. C-20843 There was presented Mayor and Council Communication No. C- Ord. #16516-07- 20843 from the City Manager recommending that the City Council: 2005 Texas 1. Authorize the City Manager to execute the Advance Department of Funding Agreement accepting $15,000.00 from The Retail Transportation Connection for the Texas Department of Transportation's CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 21 of 38 (TxDOT) review of schematic design plans for several improvements related to the proposed Deer Creek Crossing Retail Development located at the northwest corner of IH-35W and FM 1187; 2. Adopt Appropriation Ordinance No. 16516-07-2005 increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $15,000.00 from available funds for the purpose of funding a Local Project Advance Funding Agreement with the TxDOT for review of the of the schematic design plans for several improvements related to the proposed Deer Creek Crossing Retail Development located at the northwest corner of IH-35W and FM 1187; 3. Authorize the City Manager to execute the Local Project Advance Funding Agreement with the TxDOT in the amount of $15,000.00 for review of the schematic design plans for several improvements related to the proposed Deer Creek Crossing Retail Development located at the northwest corner of IH-35W and FM 1187; and 4. Authorize payment to TxDOT in the amount of $15,000.00 for review of the schematic design plans for the project. It was the consensus of the City Council that the recommendation be adopted. C-20844 There was presented Mayor and Council Communication No. C- Nader Design 20844 from the City Manager recommending that the City Council Group authorize the City Manager to execute a contract with Nader Design Group, in the amount of $30,000.00 for the design of a pavilion at the Meadowbrook Golf Course Club House. It was the consensus of the City Council that the recommendation be adopted. C-20845 There was presented Mayor and Council Communication No. C- United 20845 from the City Manager recommending that the City Council Community authorize the approval to renew a lease agreement for a city-owned Centers, building located in southeast Tarrant County; approve a lease term Incorporated of five years commencing April 1, 2005 and ending on April 1, 2010; approve a rental amount of $1.00 per year; authorize the use of Community Development Block Grant (CDBG) funds Year XXX unprogrammed funds in the amount of 25,000.00; and authorize the City Manager to execute an agreement with United Community CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 22 of 38 Centers, in an amount not to exceed $25,000.00 effective April 1, 2005, for architectural services for renovations at the Poly United Community Center. It was the consensus of the City Council that the recommendation be adopted. C-20846 There was presented Mayor and Council Communication No. C- S.J. Louis 20846 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute a contract with S.J. Louis Texas Ltd., LLP Construction of Texas Ltd., LLP, in the amount of $7,511,033.95 for Walsh Ranch Water Main Extension, Phase 1, Units 1, 2 and 3. It was the consensus of the City Council that the recommendation be adopted. C-20847 There was presented Mayor and Council Communication No. C- Ord. #16517-07- 20847 from the City Manager recommending that the City Council 2005 consider and adopt the findings and opinions of City staff as Moore's Airport presented herein; find that the public necessity and convenience Transportation require the operation of three limousines upon the city streets, Service alleys and thoroughfares; and adopt Ordinance No. 16517-07-2005 granting to Moore's Airport Transportation Service, the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of the three limousines for a period beginning on July 26, 2005, and ending on July 25, 2010. It was the consensus of the City Council that the recommendation be adopted. C-20848 There was presented Mayor and Council Communication No. C- Alliance Air 20848 from the City Manager recommending that the City Council Partners, LTD. authorize the City Manager to execute an Unimproved Ground Lease Agreement for 59,500 square feet of unimproved land with Alliance Air Partners, Ltd., at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20849 There was presented Mayor and Council Communication No. C- APIAQ Limited 20849 from the City Manager recommending that the City Council Partnership authorize the City Manager to execute the consent to Deed of Trust, Security Agreement, and Financing Statement in favor of The Frost National Bank for lease site 44N at Fort Worth Meacham International Airport. Mayor Pro tempore Silcox and Council Member Haskin disclosed that they had a banking relationship with Frost National Bank. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 23 of 38 City Attorney Yett stated that their relationship with the bank would not prohibit them from voting on this issue. Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 20849 be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20850 There was presented Mayor and Council Communication No. C- Federal Aviation 20850 from the City Manager recommending that the City Council Administration authorize the City Manager to apply for a grant from the Federal Aviation Administration in the amount of $3,300,000.00 to replace Fire Station 44 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20851 There was presented Mayor and Council Communication No. C- ATK Mission 20851 from the City Manager recommending that the City Council Research authorize the City Manager to execute an annual Terminal Building Integrated Office Lease Agreement with ATK Mission Research Integrated Systems Systems for Suites 238, 240 and 242 consisting of 3,331 square feet of office space in the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20852 There was presented Mayor and Council Communication No. C- Harrison 20852 from the City Manager recommending that the City Council Aviation Ltd. authorize the City Manager to execute a Hangar Lease Agreement for hangar "W-1" with Harrison Aviation Ltd., (FWS Realty Ltd.) acting by and through its duly authorized manager, John Cockerham, at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. C-20853 There was presented Mayor and Council Communication No. C- Rod Lawrence 20853 from the City Manager recommending that the City Council authorize the City Manager to execute a T-Hangar Lease Agreement with Rod Lawrence, an individual, for T-Hangar Unit 24S-9 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20854 There was presented Mayor and Council Communication No. C- Christopher 20854 from the City Manager recommending that the City Council Waitman authorize the City Manager to execute a T-Hangar Lease CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 24 of 38 Agreement with Christopher Waitman, an individual, for T-Hangar Unit 24S-2 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20855 There was presented Mayor and Council Communication No. C- Spinks Westside 20855 from the City Manager recommending that the City Council Associates, LLC. authorize the City Manager to execute an unimproved ground lease with mandatory improvements with Spinks Westside Associates, LLC., for 25,000 square feet of unimproved land at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. C-20856 There was presented Mayor and Council Communication No. C- City of Haslet 20856 from the City Manager recommending that the City Council authorize the City Manager to execute an interlocal agreement with the City of Haslet and the Trinity River Authority for construction of the LeTara sanitary sewer main. It was the consensus of the City Council that the recommendation be adopted. C-20857 There was presented Mayor and Council Communication No. C- Ord. #16518-07- 20857 from the City Manager recommending that the City Council 2005 authorize the transfer of $396,000.00 from the Water and Sewer Miller Pipeline Operating Fund to the Water Capital Project Fund; adopt Corporation Appropriation Ordinance No. 16518-07-2005 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $396,000.00 from available funds for the purpose of funding a contract with Miller Pipeline Corporation for 365 calendar days; and authorize the City Manager to execute the renewal of a contract with Miller Pipeline Corporation in the amount of $360,000.00 for 365 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-20858 There was presented Mayor and Council Communication No. C- U.S. Geological 20858 from the City Manager recommending that the City Council Survey authorize the City Manager to execute a Joint Funding Agreement for water resources investigations with the U.S. Geological Survey (USGS); and authorize the payment of the City's share of the cost in the amount of $29,261.00 for 2005-2006 USGS monitoring and monitors. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 25 of 38 C-20859 There was presented Mayor and Council Communication No. C- Ord. #16519-07- 20859 from the City Manager recommending that the City Council 2005 authorize the City Manager to apply for and accept, if awarded, a Texas Health grant from the Texas Health and Human Services Commission and Human (HHSC) requesting up to $75,000.00 from the Year 2005 Child and Services Adult Care Nutrition Program (CACNP) for At-Risk After School Commission Program funds; adopt Appropriation Ordinance No. 16519-07-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $75,000.00 from available funds for the purpose of funding a contract with Texas Health and Human Services for the CACNP for At-Risk After School Programs for the period October 1, 2005, through September 30, 2006; authorize the execution of a contract with HHSC for the CACNP for At-Risk After School Programs for the period October 1, 2005, through September 30, 2006, upon receipt of the grant; and authorize the City Manager to waive the indirect costs, which are not allowed by this grant and are addressed by other grants that provide for staff salaries. It was the consensus of the City Council that the recommendation be adopted. C-20860 There was presented Mayor and Council Communication No. C- Courtney 20860 from the City Manager recommending that the City Council Homes, Inc. approve a five-year Municipal Property Tax Abatement for a property located at 4600 Prevost Street owned by Courtney Homes, Inc. in the Ridglea/Como Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with Courtney Homes, Inc., are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Courtney Homes, Inc., for 4600 Prevost Street in the Ridglea/Como NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Burdette made a motion, seconded by Council Member Hicks, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20861 There was presented Mayor and Council Communication No. C- Benbrooke 20861 from the City Manager recommending that the City Council Wedgwood authorize the City Manager to execute a lease agreement for Partners, L.P. approximately 5,815 square feet of office space located at 5320 Trail Lake Drive at a cost of $4,365.00 per month beginning on month four; and approve the lease term of 39 months commencing the date that is the earliest of either the scheduled commencement date specified in the lease, or the City opens for business in the lease space, and expiring the last day of the 39th full calendar CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 26 of 38 month, with one option to renew for one year. Council Member Jordan made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20862 There was presented Mayor and Council Communication No. C- Legacy 20862 from the City Manager recommending that the City Council Monterey authorize the City Manager to execute a Community Facilities Homes, L.P. Agreement with Legacy Monterey Homes, L.P., an Arizona Limited Partnership, by MTH-Texas GP, Inc., an Arizona corporation, its general partner, for the installation of an offsite sanitary sewer to serve Quail Grove Addition, located in north Fort Worth. Council Member Burdette made a motion, seconded by Council Member Hicks, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20863 There was presented Mayor and Council Communication No. C- CL Texas, L.P. 20863 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with CL Texas, L.P., a Texas Limited Partnership by CL Texas I GP, L.L.C., its General Partner, for the installation of offsite water services to serve Summer Creek Ranch, located in far south Fort Worth. Council Member Davis made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. C-20864 There was presented Mayor and Council Communication No. C- Linville and 20864 from the City Manager recommending that the City Council Smith authorize the amendment and renewal of the existing lease Enterprises, Inc. agreement with Linville and Smith Enterprises, Inc., for use of a portion of Z-Boaz Golf Course for operation of a miniature golf and batting practice facility; authorize the term to be for five years with three five-year renewal options; authorize the monthly fixed rent payment to be $3,250.00 ($39,000.00 annual) plus 10 percent of the gross fiscal income in excess of $612,000.00, with an optional monthly fixed rent increase in year six to $3,750.00 ($45,000.00 annual); year 11 to $4,250.00 ($51,000.00 annual) and year 16 to $4,750.00 ($57,000.00 annual); and authorize the annual revenue to be credited to the Golf Enterprise Fund. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Moncrief absent. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 27 of 38 Regular Zoning It appeared to the City Council that Resolution No. 3219 was Hearing adopted on June 21, 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 June 24, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-092 Mr. J. D. Farmer, 1101 W. Abram Street, Arlington, Texas, Approved representing the applicant, appeared before Council in support of J.D. Farmer the zoning change. Council Member Haskin stated that she would not support this zoning change as the developer was trying to increase the density and due to the fact that they did not leave any trees on the property. She provided an example of a previous submission on this property and that the neighborhood had fought for A7.5 zoning. She added that now the developer wanted smaller lot sizes in order to squeeze two more lots on this property. She further stated that the two lots could have been incorporated with the surrounding property. Mr. Farmer stated that the subject property had a tremendous drop of 30 feet in land surface and to get the lots flat, trees had to be removed. Council Member Wheatfall stated that in order to do this development with the elevation necessary, the applicant needed to clear-cut the trees. He added that the lots were not large enough for A7.5 zoning and that the property had split zoning of A7.5 and A5. Council Member Wheatfall made a motion, seconded by Council Member Hicks, that the application of Duvestco, Inc., for a change in zoning of property located at 1708 Morrison Drive and 1709 Enoch Drive from "A-7.5" One-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-092, be approved. The motion carried six (6) ayes to two (2) nays, with Council Members Haskin and Davis casting descending votes and Mayor Moncrief absent. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 28 of 38 Council Member Wheatfall requested that Zoning Docket No. ZC- 05-097A be heard after ZC-05-097. ZC-05-097 Council Member Wheatfall made a motion, seconded by Council Approved Member Davis that the application of Clanec, Ltd., and Peter Jon Naus for a change in zoning of property located in the 1900 Block of Cooks Lane and 7900 block of Meadowbrook Drive, from "C" Medium Density Multi-Family; and "E" Neighborhood Commercial, to "A-7.5" One Family Residential, Zoning Docket No. ZC-05-097, be approved as recommended by City Zoning Commission. ZC-05-097A Council Member Wheatfall made a motion, seconded by Council Approved Member Davis, that the application of Claneco, LTD., and Peter Jon Naus for a change in zoning of property located 1900 block of Cooks Lane and 7900 block of Meadowbrook Drive "C" Medium Density Multi Family; "E-R" Neighborhood Commercial Restricted; and "PD-58" Planned Development to (Tract II) "E" Neighborhood Commercial; (Tract III) "C" Medium Density Multi Family, Zoning Docket No. ZC-05-097A, be approved. Council Member Haskin expressed concern that this was just down the street from the previous case. She added that this change would provide frontage to a huge piece of multi-family property, adding access to an already busy roadway. She further stated that a large amount of multi-family structures already exists in the area. Council Member Haskin made a substitute motion that Zoning Docket No. ZC-05-097 be denied and the ZC-05-97A denial by the City Zoning Commission be upheld. The motion failed for lack of a second. Brenda Ivy Ms. Brenda Ivy, 2109 Cooks Lane, appeared before Council in opposition of the zoning change. She stated that she and her husband started to build a home in April 2005 and they were assured that single-family residences or condominiums would be built across from their property. She provided pictures of empty retail buildings in the Eastchase area that use to have businesses and advised of the high vacancy rate of the apartments in the area. She urged the Council to deny the zoning change as there was no need for more retail development or apartments. Gary Ivy Mr. Gary Ivy, 2109 Cooks Lane, appeared before Council in opposition of the zoning change. He expressed concern with the addition of apartments in an area that was already saturated with apartments. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 29 of 38 Mary Henry Ms. Mary Henry, 8000 Meadowbrook Drive, appeared before Council in opposition of the zoning change. She provided her history in the area since 1969. Ms. Henry spoke about the City's commitment to straighten out Meadowbrook, which had not occurred. She added she wanted the area to remain in its rural setting. She further expressed concern that property values would be adversely affected by the addition of more apartments in the area. She requested that the Council deny the zoning change. Dale Bronstein Mr. Dale W. Bronstein, 7700 Meadowbrook Drive, appeared before Council in opposition of the zoning change. He stated that he selected the location of his home because of the quiet neighborhood and narrow streets. He added that a subdivision had increased traffic and that the addition of more multi-family units would also add to increased traffic. He further stated that developments should be planned, but not at the expense of quality of life of the community and that the area should be zoned for single-family without commercial development. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, representing the applicant, appeared before Council in support of the zoning change. He advised of the location, current zoning, and the rezoning of this request. He stated that the application actually upgraded the zoning and would decrease the amount of multi- family zoning by two acres because of the realignment of the property. Council Member Wheatfall stated that multi-family zoning was not negative development and added that the development was located in a growth center area. He further stated that the purpose of a growth center was to have the appropriate mix of single-family and multi-family development and that used in the right combination, provided the right type of density to support commercial development. Council Member Jordan asked Mr. Hopkins to explain the current land uses in the area and the associated re-zoning uses of the land. Mr. Hopkins responded to these questions in a very detailed manner. Council Member Haskin requested clarification on the subject property being included in the growth center for the area, its compatibility with the Comprehensive Plan and the ability of retail CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 30 of 38 establishments being able to sell alcohol. Fernando Costa, Planning Department Director, and Dana Burghdoff, Assistant Planning Department Director, responded to this request. After additional discussion amongst the Council, Council Member Jordan called for the question, seconded by Council Member Wheatfall. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. The original motion carried seven (7) ayes to one (1) nay, with Council Member Haskin casting the descending vote and Mayor Moncrief absent. (Council Members Espino and Jordan stepped away from the dais.) ZC-05-103 Council Member Burdette made a motion, seconded by Council Approved Member Hicks, that the application of Marlin-Atlantis White, Ltd., for a change in zoning of property located in the 4800 block of Old Decatur Road from "B" Two-Family Residential and "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "A-R" One-Family Restricted Residential. (Conventional Side Yards) and site plan required, Zoning Docket No. ZC-05-103, be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Espino and Jordan absent. (Council Member Espino returned to his chair at the dais.) ZC-05-104 Council Member Davis made a motion, seconded by Council Approved Member Burdette, that the application of Laura Allard for a change in zoning of property located at 917 Lipscomb Street from "D" High Density Multi-Family Residential and "D/DD" High Density Multi- Family Residential/Demolition Delay to "MU-1" Low Intensity Mixed Use and "MU-1/DD" Low Intensity Mixed Use/Demolition Delay, Zoning Docket No. ZC-05-104, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. ZC-05-108 Mr. James Robinson, 120 Northern Oaks Court, Alpharetta, SP-05-026 Georgia, representing the applicant, appeared before Council in Approved support of the zoning change. (Council Member Jordan returned to his chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 31 of 38 Council Member Davis made a motion, seconded by Council Member Burdette, that the application of Rail Properties, L.P., for a change in zoning of property located in the 6100 block of John Ryan Drive from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial plus Assisted Living Facility and site plan required, Zoning Docket No. ZC-05-108 and Site Plan No. SP-05-026, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. ZC-05-109 Mr. Christopher Bonilla, 3204 S. Main, representing the applicant, SP-05-027 appeared before Council in support of the zoning change. Approved Council Member Davis made a motion, seconded by Council Member Haskin, that the application of Miguel A. Murillo for a change in zoning of property located at 7724 Norman Avenue from "A" One-Family Residential to "PD/SU" Planned Development/ Specific Use for all uses in "A-5" One-Family Residential plus Wood Cabinet Shop. No Outside Storage and site plan required, Zoning Docket No. ZC-05-109 and Site Plan No. SP-05-027, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. ZC-05-112 It appeared that the City Council set today as the date for a hearing Ord. #16520-07- for Zoning Docket No. ZC-05-112, Text Amendment concerning 2005 Commercial Districts. Mayor Pro tempore Silcox opened the public Text hearing and asked if there was anyone present desiring to be Amendment heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, and Zoning Docket No. ZC-05-112 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 32 of 38 ORDINANCE NO. 16520-07-2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE 13896, AS AMENDED, BY ADDING A NEW SECTION TO ARTICLE NINE "COMMERCIAL DISTRICTS" TO PROVIDE A NEW CATEGORY, AND DEVELOPMENT AND LAND USE (MU- 1G) DISTRICT; BY AMENDING SECTION 4.603 "RESIDENTIAL DISTRICT USE TABLE" AND SECTION 4.803 "NONRESIDENTIAL DISTRICT USE TABLE" TO INCLUDE THE LOW INTENSITY GREENFIELD MIXED-USE (MU-1G) DISTRICT; BY RENUMBERING SECTIONS 4.903 THROUGH 4.907. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. ZC-05-113 It appeared that the City Council set today as the date for a hearing Approved for Zoning Docket No. ZC-05-113, Text Amendment concerning Ord. #16521-07- Industrial Districts. Mayor Pro tempore Silcox opened the public 2005 hearing and asked if there was anyone present desiring to be Text heard. Amendment Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, and Zoning Docket No. ZC-05-113 be approved, and the following ordinance be adopted: ORDINANCE NO. 16521-07-2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, BY ADDING A NEW SECTION TO ARTICLE TEN "INDUSTRIAL DISTRICTS" OF CHAPTER FOUR TO PROVIDE A NEW CATEGORY, AND DEVELOPMENT AND LAND USE STANDARDS FOR A HIGH INTENSITY GREENFIELD MIXED USE (MU-2G) DISTRICT; BY AMENDING SECTION 4.603 RESIDENTIAL DISTRICT USE TABLE AND SECTION 4.806 NONRESIDENTIAL DISTRICT USE TABLE TO INCLUDE THE HIGH INTENSITY GREENFIELD MIXED-USE (MU-2G) DISTRICT; BY RENUMBERING SECTIONS 4.1002, AND 4.1003 TO 4.1004, RESPECTIVELY; BY AMENDING SECTION 5.305 "FENCES" OF ARTICLE 3 "ACCESSORY USES" OF CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO INCLUDE MU-1G AND MU-2G; AND BY AMENDING SECTION 6.404D "DETACHED SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS; TO SUBJECT DETACHED SIGNS IN MIXED-USE DISTRICTS TO ADDITIONAL REGULATIONS. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 33 of 38 The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. PZ-2602 There was presented Mayor and Council Communication No. PZ- Amend City Plan 2602 from the City Manager recommending that the City Council Commission adopt an amendment to the City Plan Commission Rules and Rules and Regulations to establish block length standards for "MU-1G" and Regulations to "MU-2G" Mixed-Use Zoning Districts, as endorsed by the Mixed- Establish Block Use Zoning Advisory Group and recommended by the City Plan Length Commission at its regular meeting on June 22, 2005. Council Standards for Member Wheatfall made a motion, seconded by Council Member MU-1G and MU- Davis, that the recommendation be adopted. The motion carried 2G Mixed-Use unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief Zoning Districts absent. ZC-05-117 Council Member Davis made a motion, seconded by Council SP-05-028 Member Hicks, that the application of Foch Street, L. P., and Foch Denied Without Street South, L. P., for a change in zoning of property located at Prejudice 925 and 1001 Foch Street from "MU-2" High Intensity Mixed Use to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use and site plan required, Zoning Docket No. ZC-05-117 and Site Plan No. SP-05-028, bedenied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. (Council Member Wheatfall stepped away from the dais.) ZC-05-121 Mr. Bob Riley, Development Department Director, advised Council Denied With that the applicant had filed an appeal to the denial and asked that a Prejudice special hearing be scheduled for September 6, 2005. Joe Potthoff Mr. Joe A. Potthoff, 301 Commerce, Suite 2210, representing the applicant, appeared before Council in support of their request for a special hearing. He requested additional time to improve the application to lower the density and reach a realistic solution with the surrounding neighborhoods. He explained that the had not had enough time to meet with the neighborhoods to address their interests with his original request. (Council Member Wheatfall returned to his chair at the dais.) Joe Waller Mr. Joe Waller, 2533 Castle Circle, representing the neighborhood association for South Lake Worth, appeared before Council in support of the denial. He stated that neighborhood concerns were CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 34 of 38 expressed with the developer when this case was originally submitted to the Council as Zoning Docket No. ZC-04-048 with 900 lots. He added that the developer had not responded to their concerns and he had only been recently contacted about the current application, which was a request for 800 lots. He further stated that the proposed high-density development was inconsistent with the Master Plan and that it would increase the heavy traffic on Silver Creek Road and cause additional water runoff problems. He requested the Council uphold the City Zoning Commission's denial with prejudice. Robert Benda Mr. Robert Benda, 608 Paint Pony Trail North, representing the Tejas Trails Neighborhood Association, appeared before Council in support of the denial. Mr. Benda presented a partial PowerPoint presentation on the reasons the zoning change request should not be approved. He also showed a video tape of the amount of high volume traffic traveling on the two-lane road in this area. He also expressed his concerns that the applicant made no effort to meet with area associations. Sherry Feltner Ms. Sherry Feltner, 1803 Carlton Drive, Arlington, Texas, appeared before Council in support of the denial. She stated that she owned 20 acres of property in the area and that several vehicles had crashed into her property fence trying to navigate the turn on Silver Creek. She added that there was an already hazardous traffic situation and requested the property be rezoned to A10 or A21. David Davis Mr. David C. Davis, 2505 N. Plano Road #2400, Richardson, Texas, the property owner, appeared before Council in opposition of the denial. (Council Member Hicks stepped away from the dais.) Mr. Davis stated that when they went back to the drawing board after their first request, a traffic impact study and environmental impact analysis had been performed on the area. He requested that the zoning case be set for a special hearing to determine why his application now did not comply with the current interpretation of the Comprehensive Plan. He further stated that he was not allowed to address the City Zoning Commission on the merits of his zoning change request. He added he wanted an opportunity to present his request. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 35 of 38 (Council Member Hicks returned to her chair at the dais.) Council Member Espino expressed concern that the applicant was not allowed to address the City Zoning Commission and wanted to ensure he was given due process under the law. Mr. Bob Riley, Development Department Director, stated that the applicant did make a presentation before the City Zoning Commission; however, he used his allotted time to request a special hearing and did not address the issues of the zoning change. City Attorney Yett stated that parties on either side of an issue were afforded an opportunity to speak before the City Zoning Commission and it was up to them how they wanted to present their comments. He added that in this case, it appeared that the applicant spent the time asking for a continuance. Council Member Burdette stated that the application was essentially the same as the application submitted in 2004. He added that if the development is allowed there would be a problem with traffic and that all the plan submittals would not improve the traffic problem. He referenced the video of the traffic. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the application of Winwood Club Apartments, Ltd., for a change in zoning of property located at NWC of Verna Trail North and Silver Creek Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for (Tract 1 and 2), 5,500 Square Foot Minimum Single Family Residential, (Tract 3 and 4), 6,600 Square Foot Minimum Single Family Residential, (Tracts 5 and 6), 7,700 Square Foot Minimum Single Family Residential and waiver of site plan requested, Zoning Docket No. ZC-05-121, bedenied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. (Mayor Pro tempore Silcox stepped away from the dais and turned the meeting over to Council Member Davis.) ZC-05-102 Mr. Tien Pham, applicant for the zoning change, appeared before Denied Council in opposition of the City Zoning Commission's denial of Tien Pham his request. He stated that he would like to build a high quality fast food restaurant that would provide employment to residents in the CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 36 of 38 area. He added that his current restaurant is very small and 25 years old and requested Council's favorable consideration. (Mayor Pro tempore Silcox returned to his chair at the dais.) Floyd Rambo Mr. Floyd Rambo, 5701 Oak Grove Road, appeared before Council in opposition of the denial. He stated that Mr. Pham always maintained the appearance of the restaurant and that it would be an asset to the new location. He requested Council approve the zoning change. Caroll Johnson Ms. Caroll Johnson, 4111 Avenue G, appeared before Council in support of the denial. She stated that there was a lot of crime on Miller and Arch Street and three stores that sold beer and wine. She added that the neighborhood did not need or want a fast food restaurant or convenience store and requested the Council uphold the denial. Shirley Scott Ms. Shirley Scott, 3878 Dowdell Street, appeared before Council in support of the denial. She stated that the neighborhood did not need another business that promoted the sale of alcohol and that the business was not consistent with the Comprehensive Plan. She requested Council deny the zoning change. Ralph Emerson Reverend Ralph Emerson, 4216 Avenue M, Senior Pastor of the Rising Star Church, appeared before Council in support of the denial. He stated that $3.3 million had been spent on the first phase of a $10 million redevelopment initiative in this area. He added that the neighborhood was being improved and did not need this business in the area. He requested the Council uphold the City Zoning Commission's denial. Council Member Wheatfall made a motion, seconded by Council Member Hicks, that the application of Tien Pham for a change in zoning of property located at 4135, 4137 Avenue M and 1812 Miller Avenue from "B" Two-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-102, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. Council Member Wheatfall advised Mr. Pham that the application was not consistent with the Comprehensive Plan and that the land use was not consistent with the neighborhood. He recommended that he look at placing his restaurant on Rosedale Avenue and Miller or to go south to Highway 287. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 19, 2005 PAGE 37 of 38 ZC-05-106 Council Member Burdette made a motion, seconded by Council Denied Without Member Wheatfall, that the application of Kenneth Reed for a Prejudice change in zoning of property located at 9301, 9325, 9351, 9375, 9401, 9425, 9451, 9475, 9501, 9525, 9601 Business Highway 287 North from "A-5" One-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-106, be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. 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 Burdette made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16522-07-2005 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 (0) nays, with Mayor Moncrief absent. Citizen City Secretary Hendrix stated that the citizen presentation by Presentations Wayne Peplinski, 4331 Canyon, relative to to the Downtown Bat Wayne Peplinski Population - Benefits and Current Status, would be scheduled for July 26, 2005 City Council meeting. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 19, 2005 PAGE 38 of 38 Don Woodard Mr. Don Woodard, 1300 S. University Drive, representing the Concerned Citizens of Fort Worth, appeared before Council relative to the proposed Trinity Uptown Project. He stated that not much was known about the project. He stated that they objected to eminent domain statutes and that citizens should not be denied the right to vote on the project. He encouraged residents who had property that would be seized by this project to call the City and express their opposition. Council Member Burdette informed Mr. Woodard that he was a great orator and that the Trinity River Vision project was a huge issue. He stated that he hoped it was not decided on eloquence and encouraged Mr. Woodard to attend the meetings on July 26 and 27, 2005 at the YWCA and provide his input. Adjournment There being no further business, the meeting was adjourned at 10:52 p.m. These minutes approved by the Fort Worth City Council on the 26th day of July, 2005. Attest: Approved Marty HeArix Michael J. oncri City Secretary Mayor