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HomeMy WebLinkAbout2005/09/13-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:02 p.m. on Tuesday, September 13, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Pastor David Myers, Park Hill Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox, Approval of the minutes of the regular meeting of September 6, 2005 were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mr. Carl Bell, President and CEO, Fort Worth Cats, presented the Fort Worth Special Cats Baseball Championship trophy. Mr. Bell stated that the trophy was for Presentations Fort Worth and added that the Cats could not be more proud to represent Fort Worth. Mr. Bell further stated that ten percent of what is raised this month by the Cats organization would be made available to Hurricane Katrina relief efforts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 2 of 42 Council Member Espino stated that this was Fort Worth's first professional baseball championship since 1948. He added that the Cats organization was an active part of the Fort Worth community and urged everyone to support the Cats. He also pointed out that the upcoming season would be their "Hall of Fame" season and they would commemorate their"Hall of Fame" members. Council Member Burdette introduced members of the Westside Lions Club Junior Division Baseball Team. He stated that the team was comprised of 13 and 14 year old boys and summarized their victories which led them to their third place victory at the world series in Michigan. He congratulated the team and coaches for their achievement and presented each of them with a Molly pin. Council Member Hicks presented a Proclamation for Girl Scouts — Circle T Council Duck Day on the Trinity to Ms. Lisann Peters, Chair of the Board of Directors of Girl Scouts—Circle T Council. Mayor Pro tem Silcox presented a plaque for McDonald's Local Restaurants in recognition of their participation in the Parks and Community Services Summer of Fitness program to Karen and Charles McWilliams. Council Member Davis presented a Proclamation for AKC Responsible Dog Ownership Day to Ms. Lynn Eggers, representing the Fort Worth Kennel Club and Doberman Pinscher Club of America. Agenda Item VI Council Member Espino announced that the inauguration of the Six Points Announcements Project, the McAdams Building, would be conducted on September 15, 2005, at 7:00 p.m. at Belknap and Forest Park Boulevard in the Riverside community and invited everyone to attend. Council Member Espino also announced that Mexican Independence Day was September 16, 2005, and that in recognition of that day, All Saints Catholic Church at 214 NW 20th Street would host a fiesta September 17-18, 2005. He stated that the celebration would start with a parade in North Fort Worth on Central Avenue and North Main and that anyone wishing to be part of the parade to please call the church at(817) 626-3055. He encouraged everyone to attend the festivities filled with live music, great Mexican food, Ballet Folklorico, and Mariachi groups. He further stated that the Latin Arts Association would have their celebration, Fiesta de la Rosa, on September 16, 2005, at 7:30 p.m. at the Rose Marine Theater. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 3 of 42 Mayor Pro tem Silcox expressed appreciation to Melissa Basham from Hawk Communications for her efforts in securing the donation of 90 cell phones for City staff and FEMA representatives working the relief effort. He also acknowledged the ten Fort Worth police officers who volunteered their time to travel to New Orleans, Louisiana and donated $30,000.00 in needed equipment and supplies to the New Orleans Police Department. Council Member Haskin announced that Cowtown Brush-Up would be conducted on October 1, 2005, and that anyone needing to earn community service hours could participate in this program. She asked they call the Housing Department or the District 4 office for more information. She also stated that two homes in the Eastern Hills community would be painted on September 17 and 24, 2005. Council Member Burdette announced that the 3rd Annual Jazz by the Boulevard Music and Arts Festival hosted by Historic Camp Bowie would be held this weekend on the lawn of the Will Rogers Complex and invited everyone to attend. Council Member Davis wished her aide Kristi Wiseman a happy birthday and also to Council Member Hicks for her birthday tomorrow. She announced that the Trinity River Trash Bash would be held September 17, 2005, from 8:30 a.m. to 11:30 a.m. with lunch following at University Park Church. She stated there were several assembly areas and more information on the event was on the City's and Streams and Valley's websites. She also announced that the Greenbriar Community Center at 5200 Hemphill would conduct their Back to School celebration from Noon to 4:00 p.m. and that the Worth Heights neighborhood would host a BBQ for the New Orleans guests at 5:00 p.m. Council Member Wheatfall congratulated the Stop 6 Neighborhood Association for being recognized by the Texas Rangers Baseball Team as a Community MVP. He also congratulated Handley Baptist Church on their 100th year anniversary. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn by Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 4 of 42 Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1510 M&C OCS-1510 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-14912 M&C G-14912 — Adopting Appropriation Ordinance No. 16574-09-2005 Ord. No. 16574- increasing estimated receipts and appropriations in the Grants Fund in the 09-2005 amount of $231,631.00 from available funds for the purpose of funding the HOME HOME Investment Partnership Program for the 2005-2006 Program Year; and Investment applying indirect cost rates, as applicable for the Grants Fund in accordance Partnership with the City's Administrative Regulation. Program G-14913 M&C G-14913 — Authorizing use of $30,000.00 in Year XXX Community Replace HVAC Development Block Grant (CDBG) Unprogrammed Funds for the replacement Units in North of HVAC units at the North Branch Library and the Sycamore Community Branch Library Center. and Sycamore Community Center G-14914 M&C G-14914 —Recommending that the City Council: Ord. No. 16575- 09-2005 1. Authorize the City Manager to execute a Local Transportation Project Magnolia Village Advance Funding Agreement (LPAFA) with the Texas Department of Pedestrian and Transportation (TxDOT) for federal Congestion Mitigation and Air Streetscape Quality Improvement Program funds in the amount of $1,233,688.00, Improvements for pedestrian and streetscape improvements in Magnolia Village; 2. Approve the transfer of$308,422.00 from the Southside Tax Increment Finance District No. 4 (Southside TIF) for the 20 percent local match required by the North Central Texas Council of Governments Land Use/Transportation Joint Venture Program to the Grants Fund; 3. Adopt Appropriation Ordinance No. 16575-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,542,110.00, from Congestion Mitigation and Air Quality CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 5 of 42 Improvement Program Funds and a Southside Tax Increment Finance District No. 4 contribution, for the purpose of funding Magnolia Village pedestrian and streetscape improvements; 4. Authorize the City Manager to remit a check to TxDOT in the amount of $10,000.00, which is a portion of the 20 percent local match for administration of the project as required by the LPAFA; and 5. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount of $308,422.00 for interim financing of this grant project pending contract execution. G-14915 M&C G-14915 — Declaring the necessity of taking an interest in a portion of Condemn Parcel land in the Jordan Bass Survey, Abstract No. 1895, City of Fort Worth, Tarrant of Land in Jordan County, Texas; and authorize the City Attorney to institute condemnation Bass Survey proceedings to acquire the interest in the land. G-14916 M&C G-14916 —Recommending that the City Council: Ord. No. 16576- 09-2005 1. Authorize the City Manager to apply for and accept, if awarded, a Fiscal Year 2006 Comprehensive Selective Traffic Enforcement Program (STEP) grant; Comprehensive STEP Grant 2. Authorize the City Manager to enter into a contract with the Texas Department of Transportation for Comprehensive STEP implementation during Fiscal Year 2006, contingent upon appropriation of matching funds; 3. Authorize the transfer of $52,293.00 from the State Awarded Assets Funds to the Grants Fund for the FY 2006 City match, contingent upon the receipt of adequate funding in the FY 2006 State Awarded Assets Fund; 4. Adopt Appropriation Ordinance No. 16576-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $468,573.00 subject to receipt of the Comprehensive Selective Traffic Enforcement Program (STEP) Grant from the Texas Department of Transportation for the purpose of funding a contract with the Texas Department of Transportation for Comprehensive STEP; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 6 of 42 5. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount of$117,000.00 for interim financing of the FY 2006 grant project pending contract execution. G-14917 M&C G-14917 — Adopting Ordinance No. 16577-09-2005 adopting the Ord. No. 16577- National Incident Management System (NIMS) as the standard for Incident 09-2005 Management by the City of Fort Worth, Texas. National Incident Management System P-10224 M&C P-10224 — Purchasing of carpet removal and replacement services from Carpet Removal RWA Flooring Solutions for the Public Events Department based on the sole and Replacement bid received for a cost not to exceed $139,761.00, with payment due 30 days Services after receipt of invoice. P-10225 M&C P-10225 — Authorizing a purchase agreement with Huguley Health Annual Physical System Assessment for annual physical fitness and medical testing for the Fire Fitness and Department based upon the best evaluated qualification received, with Medical Testing payments due 30 days after receipt of the invoice; and authorize this agreement to begin September 13, 2005, and expire September 12, 2006, with options to renew for two additional one-year periods. P-10226 M&C P-10226 — Authorizing purchase agreements for fire hydrant meters and Fire Hydrant parts with AMCO Water Metering Systems, Inc., Sensus Metering Systems, Meters and Parts Hughes Supply, Inc., and Quality Hydrant Company for the Water Department based on best value. Payment is due 30 days after receipt of invoice and freight is included in the unit price: a. AMCO Water Metering Systems, Inc. Items 1 and 3A b. Sensus Metering Systems Items 2 and 313 c. Hughes Supply, Inc. Items 4, 5, and 6 d. Quality Hydrant Co. Items 7 and 9 Authorizing these agreements to begin September 13, 2005, and expire September 12, 2006, with options to renew for two additional one-year periods; and authorizing 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." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 7 of 42 P-10227 M&C P-10227 — Authorizing a sole source purchase agreement with Dresser Original Rand Company to provide Original Equipment Manufacturer parts, repairs and Manufacturer technical assistance for the Water Department, with payment due 30 days from Parts, Repairs and the date of invoice; and authorizing this agreement to begin October 1, 2005, Technical and expire September 30, 2006, with options to renew for four additional one- Assistance year periods. P-10228 M&C P-10228 — Authorizing a purchase agreement for vertical panels and Vertical Panels bases with Dallas Lite & Barricade, Inc., and superdome drums and bases from and Bases Centerline Supply for the Water Department based on best value with freight included in unit prices and payment due 30 days after receipt of invoice; and Vendor Item Unit Cost Item Unit Cost Total Cost Dallas Lite& Vertical $23.84 Each Panel $14.19 Each $38.03 Set Barricade,Inc. Panels Base Center Line Superdome $24.11 Each Drum $15.71 Each $38.82 Set Supply Drums Base Authorizing this agreement to begin September 13, 2005, and expire September 12, 2006, with options to renew for two additional one-year periods. L-14130 M&C L-14130 — Conveying one temporary construction easement located on Temporary City property in Lake Worth, described as R. Langster Survey, Abstract No. Construction 976, Tarrant County, Texas, to Vista Trail LTD for construction of a water and Easement sewer line to service Lake Vista Estates, Parcel No. I for a period of two years (DOE 4667), and a total cost of$1.00. C-20986 M&C C-20986 — Executing a contract with MPG General Contractor in the MPG General amount of $211,000.00 for 180 working days for Alley Clearing/Grading Pilot Contractor Program at various locations. C-20987 M&C C-20987 —Executing a contract with PAEE Engineering Company in the PAEE amount of $365,000.00 for the Sidewalk Contract — (Group 3) 2004 Capital Engineering Improvement Program. Company C-20988 M&C C-20988 —Approving the acceptance of a lease agreement for natural gas XTO Energy, Inc. drilling under 2.2935 net mineral acres, more or less, of City-owned properties located in Tarrant County, Texas, south of Alliance Airport, with XTO Energy, Inc., for a two-year term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 8 of 42 C-20989 M&C C-20989 — Negotiating and executing an agreement with DAISI for the Ord. No. 16578- purchase of an Interactive Voice Response System and related consulting and 09-2005 development services for Municipal Court for an amount not to exceed DAISI $32,079.50; and adopting Appropriation Ordinance No. 16578-09-2005 increasing estimated receipts and appropriations in the Special Trust Fund, Municipal Court Technology Project in the amount of $37,836.50 from available funds for the purpose of funding an agreement with DAISI for the purchase of an Interactive Voice Response System and related consulting and development services for Municipal Court. C-20990 M&C C-20990 — Executing Amendment No. 1 to City Secretary Contract No. Amendment No. 1 30655, an Unimproved Ground Lease Agreement with Mandatory to CSC No. 30655 Improvements with FWS Realty, LTD., amending Exhibit"A" for Lease parcel —FWS Realty, "B" by increasing the square footage from 24,900 square feet to 47,131 square LTD. feet at Fort Worth Spinks Airport. C-20991 M&C C-20991 —Recommending that the City Council: Ord. No. 16579- 09-2005 1. Authorize the City Manager to accept a grant and execute a contract Texas Department with the Texas Department of Housing and Community Affairs in an of Housing and amount not to exceed $1,600,000.00 for the Fiscal Year 2006, Community Comprehensive Emergency Assistance program; Affairs 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $320,000.00 for interim financing of this grant project pending contract execution; 3. Adopt Appropriation Ordinance No. 16579-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,600,000.00, subject to receipt of the grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Comprehensive Energy Assistance Program; and 4. Apply indirect costs at a rate of 24.68 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 9 of 42 C-20992 M&C C-20992 —Recommending that the City Council: Ord. No. 16580- 09-2005 1. Authorize the City Manager to accept a grant and execute an extension Texas Department of contract with the Texas Department of Housing and Community of Housing and Affairs in an amount not to exceed $1,200,000.00 for the Fiscal Year Community 2006 Community Services Block Grant program; Affairs 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $300,000.00 for interim financing of this grant project pending contract execution; 3. Adopt Appropriation Ordinance No. 16580-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,200,000.00, subject to receipt of the grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Community Services Block Grant Program; and 4. Apply indirect costs at a rate 24.68 percent, which represents the most recently approved rate for this department and apply the new, approved rate when available. C-20993 M&C C-20993 —Executing a contract with the Fort Worth Botanical Society to Fort Worth operate the Japanese Garden, collect admission fees and use office space in the Botanical Society Rock Springs Building. C-20994 M&C C-20994 —Recommending that the City Council: Ord. No. 16581- 09-2005 1. Authorize the City Manager to accept funds in the amount of Bethleham Baptist $22,800.00 from Tarrant County for FY 2005-2006 for two Community Church Action Partners (CAP) Centers beginning October 1, 2005, and expiring September 30, 2006; 2. Authorize the City Manager to execute a lease agreement with the Bethleham Baptist Church, for the Far Southeast CAP in an amount not to exceed $550.00 per month and Richard Hartman for the Far Northwest CAP in an amount not to exceed $894.61 per month. Each agreement is to begin October 1, 2005, and expire September 30, 2006; 3. Authorize a non-interest bearing, inter-fund loan from the General Fund to the Grants Fund in the amount of $5,700.00 for interim financing of this grant project, pending contract execution; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 10 of 42 4. Adopt Appropriation Ordinance No. 16581-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $22,800.00 from available funds for the purpose of funding two Community Action Partners Centers. The motion carried. End of Consent Agenda. Agenda Item X It appeared that the City Council set today as the date for the public hearing in Budget Hearing connection with the proposed Fiscal Year 2005-2006 Appropriation and Ad Valorem Tax Levy Ordinances. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition of the budget ordinance. He expressed concern that funding support for the Tarrant County Veteran's Council was not reflected as in previous budgets and stated that the stipend provided by the City contributed to the council's ability to conduct the annual Veteran's Day Parade. He requested the stipend be made part of the 2005-2006 budget. City Manager Boswell stated that the City could draw the $5,000.00 stipend from the $300,000.00 contingency fund without any formal vote from the Council. Several Council Members voiced their support of the endeavor and there was consensus that the $5,000.00 stipend be provided to the Tarrant County Veteran's Council. Mayor Moncrief asked City Secretary Hendrix to read the budget ordinance into the record as follows: Agenda Item XI There was presented Ordinance No. 16582-09-2005 setting forth an itemized Ord. No. 16582- estimate of the expense of conducting each department, division and office of 09-2005 the Municipal Government of the City of Fort Worth and the ensuing Fiscal Itemized Estimate Year beginning October 1, 2005, and ending September 30, 2006, and of Expense of appropriating money for the various funds and purposes of such estimate; Conducting Each appropriating money to pay interest and principal sinking fund requirement on Department, Div. all outstanding general indebtedness; providing for public hearings on this and Office of ordinance before the entire City Council sitting as a committee of the whole; Municipal and providing a savings clause for the repeal of all ordinances and Government for appropriations in conflict with the provisions of this ordinance. Council FY 2005-2006 Member Jordan made a motion, seconded by Council Member Wheatfall, that CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 11 of 42 the public hearing on the budget be closed and that Ordinance No. 16582-09- 2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The Council commended Bridgett Garrette, Budget and Management Services Department Director, and her staff for developing the new budget. Council Member Davis stated that she was still concerned about Council Aide salary and asked City Manager Boswell to work with her on this issue. Council Member Hicks stated that there were still several issues that the Council still had to face in the coming year, i.e., growth in the northern corridor, code compliance responsibilities, inner-City crime, and poor street conditions, and to keep these in mind when approving expenditures to the budget. Mayor Moncrief congratulated staff on a very successful budget and commended the newest members of the Council for the manner in which they grasped the budget documents and process. City Manager Boswell stated that staff would contact the Tarrant County Veteran's Council relative to the stipend. Agenda Item XII There was presented Ordinance No. 16583-09-2005 providing for the levy and Ord. No. 16583- collection of an annual Ad Valorem Tax on all property, real, personal and 09-2005 mixed, situated within the territorial limits of the City of Fort Worth, Texas, Annual Ad and all personal property own in said City of Fort Worth, Texas, on the first day Valorem Tax Levy of January, A.D. 2005, except such property as may be exempt from taxation by and Collection the Constitution and laws of the State of Texas. City Attorney Yett provided clarification and stated that this ordinance adopted the ad valorem tax levy that helped pay for the budget that Council had just adopted. This ordinance called for the same actual tax rate as last year's of $0.865; however, the adoption of Senate Bill 18 during the most recent Texas Legislative session required a different motion to approve this ordinance. He added that even though the tax rate would remain the same, because property valuations on average had increased, the City would collect more property tax dollars even with the same rate. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 12 of 42 He stated the motion should be worded: "I move that property taxes be increased by adoption of a tax rate of$0.865 on every $100.00 valuation." Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the public hearing on the tax rate be closed, and that property taxes be increased by adoption of a tax rate of$0.865 on every $100.00 valuation and to adopt Ordinance No. 16583-09-2005. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan challenged each Council Member to do everything in their power to control spending and control budgets for future years. There being no one present desiring to be heard, Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIII Council Member Jordan made a motion, seconded by Council Member Haskin, Presentations by that Ms. Cora Mosley be appointed to the Community Development Council City Council— effective September 13, 2005 and with a term expiring October 1, 2006. The Appointments motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Espino, that Ms. Sandra Gould be appointed to the Library Advisory Board, effective September 13, 2005 and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief asked for the Council's consideration to appoint Council Member Kathleen Hicks to the North Central Texas Council of Governments' Regional Transportation Council. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Kathleen Hicks be appointed to the North Central Texas Council of Governments' Regional Transportation Council. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 13 of 42 Agenda Item XVL• Report of the City Manager Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for Fort Worth Public Improvement District No. 1 (Downtown) concerning proposed property assessments, adoption of ordinance levying assessments for Fiscal Year 2005-06, adoption of appropriation ordinance for Fiscal Year 2005- 06, authorize transfer of City's payment in-lieu of assessments and adoption of appropriation ordinance to increase estimated receipts in the Special Assessment District Fund. Mayor Moncrief opened the benefit hearing and asked if there was anyone present desiring to be heard. Ms. Jenny Townsend, Assistant City Treasurer, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-219, as follows: BH-219 There was presented Mayor and Council Communication No. BH-219 from the Ord. No. 16584- City Manager recommending that the City Council: 09-2005 Ord. No. 16585- 1. Hold a benefit hearing concerning the proposed property assessments 09-2005 for Fort Worth Public Improvement District No. 1 (PID No. 1) for Ord. No. 16586- Fiscal Year 2005-06; 09-2005 Public 2. Adopt Ordinance No. 16584-09-2005 closing hearing and levying Improvement assessments for the cost of certain improvements and/or services District No. 1 provided in Fort Worth Public Improvement District No. 1 during Fiscal (Downtown) Year 2005-06; fixing charges and liens against property in the district and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; 3. Adopt Appropriation Ordinance No. 16585-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $1,148,000.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown). 4. Authorize the transfer of $174,520.00 for the City's payment in-lieu of assessments from the General Fund to the Special Assessment District Fund PID No. I Project for Fiscal Year 2005-06; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 14 of 42 5. Adopt Appropriation Ordinance No. 16586-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of$174,520.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown); Sidney Farrar Mr. Sidney Farrar, 817 Penn Street, appeared before Council in opposition of this issue. He stated that he received no benefit from being in the PID and asked why Penn Street was included as part of the PID. He stated that he had to mow the grass. He has never seen a Police patrol nor did he benefit from any advertisement or promotion of the PID. Mr. Farrar further stated that the curb in front of his property was replaced although it was in good condition, but that a water meter had been damaged which still leaked. He requested that he be advised how he benefited from being in the PID. T.D. Holzaepfel Mr. T.D. Holzaepfel, President, Downtown Fort Worth, Inc., stated that as development moved to the west in the PID, property close to Pier One and RadioShack was not being maintained. By moving the district to the west, it will enable the PID to maintain the properties. He added that street sweeping and sidewalk cleaning was a benefit of being a part of the PID and that Mr. Farrar's street and sidewalk were being cleaned as well as the mowing of the strip of grass between the sidewalk and the street. He further stated that the Police had been patrolling the PID for over a month with the use of an all terrain vehicle. There being no one else present desiring to be heard in connection with the benefit hearing, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the benefit hearing be closed and Mayor and Council Communication No. BH-219 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis requested that staff investigate the leak Mr. Farrar referred to when his curb was replaced. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for Fort Worth Public Improvement District No. 6 (Park Glen) concerning proposed property assessments, adoption of ordinance levying assessments for Fiscal Year 2005-06, and adoption of appropriation ordinance for Fiscal Year 2005-06. Mayor Moncrief opened the benefit hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 15 of 42 Ms. Jenny Townsend, Assistant City Treasurer, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. 131-1-220, as follows: BH-220 There was presented Mayor and Council Communication No. BH-220 from the Ord. No. 16587- City Manager recommending that the City Council: 09-2005 Ord. No. 16588- 1. Hold a benefit hearing concerning the proposed property assessments 09-2005 for Fort Worth Public Improvement District No. 6 (PID No. 6) for Public Fiscal Year 2005-06; Improvement District No. 6 2. Adopt Ordinance No. 16587-09-2005 closing the hearing and levying (Park Glen) assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 6 during Fiscal Year 2005-06; setting charges and liens against property in the district and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council for the rights to allow credits reducing the amount of the respective assessment to the extent of any credit granted; 3. Adopt Appropriation Ordinance No. 16588-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $1,123,338.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 6 (Park Glen). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Haskin made a motion, seconded by Council Member Davis, that the benefit hearing be closed and Mayor and Council Communication No. BH-220 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for Fort Worth Public Improvement District No. 7 (Heritage) concerning proposed property assessments, adoption of ordinance levying assessments for Fiscal Year 2005-06, and adoption of appropriation ordinance allocating estimated receipts to the district. Mayor Moncrief opened the benefit hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 16 of 42 Ms. Jenny Townsend, Assistant City Treasurer, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-221, as follows: BH-221 There was presented Mayor and Council Communication No. BH-221 from the Ord. No. 16589- City Manager recommending that the City Council: 09-2005 Ord. No. 16590- 1. Hold a benefit hearing concerning the proposed property assessments 09-2005 for Fort Worth Public Improvement District No. 7 (PID No. 7) for Public Fiscal Year 2005-06; Improvement District No. 7 2. Adopt Ordinance No. 16589-09-2005 closing the hearing and levying (Heritage) assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 7 during Fiscal Year 2005-06; setting charges and liens against property in the district and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and 3. Adopt Appropriation Ordinance No. 16590-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of$491,440.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 7 (Heritage). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that the benefit hearing be closed and Mayor and Council Communication No. BH-221 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for Fort Worth Public Improvement District No. 8 (Camp Bowie) concerning proposed property assessments, adoption of ordinance levying assessments for Fiscal Year 2005-06, and adoption of appropriation ordinance allocating estimated receipts to the district. Mayor Moncrief opened the benefit hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 17 of 42 Ms. Jenny Townsend, Assistant City Treasurer, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-222, as follows: BH-222 There was presented Mayor and Council Communication No. BH-222 from the Ord. No. 16591- City Manager recommending that the City Council: 09-2005 Ord. No. 16592- 1. Hold a benefit hearing concerning the proposed property assessments 09-2005 for Fort Worth Public Improvement District No. 8 (PID No. 8) for Public Fiscal Year 2005-06; Improvement District No. 8 2. Adopt Ordinance No. 16591-09-2005 closing the hearing and levying (Camp Bowie) assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 8 during Fiscal Year 2005-06; setting charges and liens against property in the district and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and 3. Adopt Appropriation Ordinance No. 16592-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of$291,775.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 8 (Camp Bowie). Roger Duck Mr. Roger Duck, 5811 Mesa Drive, Austin, Texas, appeared before Council in opposition. He stated that he owned Camp Bowie Self-Storage at 6471 Camp Bowie Boulevard and asked how much of the $1.36 million collected for this PID had been spent on capital improvements. He proposed that this year's tax rate be reduced to zero as the PID had $600,000.00 in their budget which was more than enough to fund this year's budget. He added that trying to push more money on an organization that had not demonstrated the capability to spend $250,000.00 would not be prudent. Brandy O'Quinn Ms. Brandy O'Quinn, 6100 Camp Bowie Boulevard, Suite 23, President, Historic Camp Bowie, Inc., appeared before the Council in support of PID No. 8. She stated that the PID operated on a limited budget and they were very frugal with expenditures. She added that they had been fortunate to obtain grant funds for improvements in the PID and used those in combination with allocated funds from the City to revitalize Camp Bowie. She spoke about the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 18 of 42 use of the funds for ornamental streetlights and a replacement of a traffic light signalization to the ornamental design. Council Member Silcox asked Ms. O'Quinn if an audit had been performed on PID No. 8 expenditures. Ms. O'Quinn stated that an audit had been performed for all money collected/expended in the PID. However, grant money not collected at the time of the audit could not be reflected in the audit. Mayor Pro tem Silcox requested a copy of the audit. Bob West Mr. Bob West, 301 Commerce Street, Suite 3500, appeared before Council in support of PID No. 8. He stated that the PID budget included more than capital expenditures; it also included funds for promotional purposes and events such as this weekend's Jazz and Music Festival. There being no one else present desiring to be heard in connection with the benefit hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the benefit hearing be closed and Mayor and Council Communication No. BH-222 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for Fort Worth Public Improvement District No. 11 (Stockyards) concerning proposed property assessments, adoption of ordinance levying assessments for Fiscal Year 2005-06, and adoption of appropriation ordinance for Fiscal Year 2005-06. Mayor Moncrief opened the benefit hearing and asked if there was anyone present desiring to be heard. Ms. Jenny Townsend, Assistant City Treasurer, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-223, as follows: BH-223 There was presented Mayor and Council Communication No. BH-223 from the Ord. No. 16593- City Manager recommending that the City Council: 09-2005 Ord. No. 16594- 1. Hold a benefit hearing concerning the proposed property assessments 09-2005 - Public for Fort Worth Public Improvement District No. 11 (PID No. 11) for Improvement Fiscal Year 2005-06; District No. 11 (Stockyards) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 19 of 42 2. Adopt Ordinance No. 16593-09-2005 closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 11 during Fiscal Year 2005-06; setting charges and liens against property in the district and against the owners thereof, providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and 3. Adopt Appropriation Ordinance No. 16594-09-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of$42,723.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 11 (Stockyards). There being no one present desiring to be heard in connection with the benefit hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the benefit hearing be closed and Mayor and Council Communication No. BH-223 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council, at its meeting of September 6, 2005, G-14887 continued the public hearing on the appeal of the decision of the Historic and Appeal Historic Cultural Landmarks Commission to deny a Certificate of Appropriateness and Cultural application for the property located at 1715 College Avenue. Mayor Moncrief Landmarks opened the public hearing and asked if there was anyone present desiring to be Commission to heard. Deny Certificate of Appropriateness Ms. Julie Lawless, Senior Planner/Historic Preservation Officer, appeared Application for before Council, gave a staff report and called attention to Mayor and Council 1715 College Communication No. G-14887, as follows: Avenue There was presented Mayor and Council Communication No. G-14887, dated August 16, 2005, from the City Manager recommending that the City Council conduct a public hearing on an appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for a concrete foundation treatment at 1715 College Avenue. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 20 of 42 Communication No. G-14887 be adopted by modifying the Historic and Cultural Landmarks decision and adopt the compromise design. The motion carried unanimously nine (9) ayes to (0) nays. G-14918 There was presented Mayor and Council Communication No. G-14918 from Annual Review of the City Manager recommending that the City Council review and adopt the Financial Financial Management Policy Statements FY 2005-06, which include the City's Management investment policy and investment strategy. Council Member Wheatfall made a Policy Statement— motion, seconded by Council Member Davis, that the recommendation be FY 2005-06 adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14919 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-004, Amend Master to shift to the southeast a portion of State Highway 170 between Sendera Ranch Thoroughfare Boulevard and a point just west of U.S. 287. Mayor Moncrief opened the Plan, MT-05-004 public hearing and asked if there was anyone present desiring to be heard. Mr. Robert Goode, Director, Transportation/Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14919, as follows: There was presented Mayor and Council Communication No. G-14919 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-004, to shift a portion of State Highway 170 slightly to the southeast between Sendera Ranch Boulevard and just west of U.S. 287. 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-14919 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14920 adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-005, Amend Master to relocate a portion of Dean Ranch Road to the north as FM 2871. Mayor Thoroughfare Moncrief opened the public hearing and asked if there was anyone present Plan, MT-05-005 desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 21 of 42 Mr. Mark Rauscher, representing the Transportation/Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14920, as follows: There was presented Mayor and Council Communication No. G-14920 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-05-005, to relocate a portion of Dean Ranch Road to the north of FM 2871. There being no one present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-14920 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. G-14921 There was presented Mayor and Council Communication No. G-14921 from Ord. No. 16595- the City Manager recommending that the City Council: 09-2005 Accept Disaster 1. Authorize the City Manager to apply for and accept if awarded, a grant Relief Grant for from the Department of Homeland Security/Federal Emergency Victims of Management Agency to provide disaster relief assistance to the victims Hurricane Katrina of Hurricane Katrina seeking refuge in the City of Fort Worth; 2. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Funds in the amount of $3,000,000.00 for interim financing of this grant project pending contract execution; 3. Adopt Appropriation Ordinance No. 16595-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $3,000,000.00, subject to receipt of the grant from the U.S. Department of Homeland Security and the Federal Emergency Management Agency, for the purpose of funding disaster relief assistance to the victims of Hurricane Katrina seeking refuge in the City of Fort Worth; and 4. Ratify all expenditures made and contracts entered into as part of the City's response to Hurricane Katrina; and authorize the City Manager to enter into future contracts with various entities as necessary in response to the disaster created by Hurricane Katrina up to $3,000,000.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 22 of 42 Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. City Manager Boswell stated that the City was incurring substantial costs such as overtime pay for staff and contracts for transitional housing relative to the Hurricane Katrina relief efforts. He stated that FEMA would reimburse these costs but that the City had to maintain meticulous records to receive the reimbursement. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14922 approve a permit, Case GW-005-025 for a High Impact gas well approximately Approve Permit, 300 feet east of Mallard Cove Park, an undeveloped City park located between Case GW-005-025 the Trinity River and Randol Mill Road. Mayor Moncrief opened the public for High Impact hearing and asked if there was anyone present desiring to be heard. Gas Well Mr. Tom Edwards, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14922, as follows: There was presented Mayor and Council Communication No. G-14922 from the City Manager recommending that the City Council grant the High Impact gas well permit request of Dale Operating Company, to allow the drilling of the two gas wells on the A-pad at the Duckhead Lease, gas well case GW-005-025, located approximately 300 feet east of Mallard Cove Park, an undeveloped City park located between the Trinity River and Randol Mill Road. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council in support of the gas well. He expressed concerns with the gas well being on parkland and with the clearing of the large brush pile created from the removal of trees for the construction of the drilling rig. Council Member Haskin expressed concern that this was a new neighborhood near an undeveloped park site and inquired if any of the residents were notified of the gas wells. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 23 of 42 Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the gas wells. He stated that Dale Operating Company had provided notice to all surface owners of the gas well and had conducted a meeting on August 23, 2005, with residents in the area with no one expressing opposition to the well. Council Member Haskin suggested delaying this issue one week to have the applicant place notices on the doors of the residents near the proposed gas well site. She expressed her concerns with residential owners versus commercial owners and the surface owners and mineral rights owners. Heather Barcia Ms. Heather Barcia, 1101 Schenectady Road, Arlington, Texas, representing Dale Operating Company, appeared before Council in support of the gas well. She stated that the company had gone above and beyond the notice requirements to notify the residents of the community. She stated that she sent out approximately 100 notification letters, placed required signs, and posted notice in the newspaper. Council Member Haskin requested again for door-to-door notices be provided and asked Ms. Barcia for her willingness to provide for this request. City Attorney Yett stated that City ordinance did not require notices to be placed on the doors of residences and the Council did not have the authority to require it be done. Council Member Burdette stated that the Council should not tell a person to do something different than what was required by City ordinance. He added that the current ordinance was designed to provide adequate notice. Council Member Davis stated that the Council could not get into the business of adding qualifying notices. Council Member Haskin stated that it would be good to look into this issue and close the loophole for the notification process. Council Member Espino indicated his concerns with the need to look at the notification process. 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 Davis, that the public hearing be closed and Mayor and Council Communication No. G-14922 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 24 of 42 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14923 approve a permit, Case GW-005-038 for a High Impact gas well approximately Approve Permit, 300 feet west of Mallard Cove Park, an undeveloped City park located between Case GW-005-038 the Trinity River and Randol Mill Road. Mayor Moncrief opened the public for High Impact hearing and asked if there was anyone present desiring to be heard. Gas Well Mr. Tom Edwards, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14923, as follows: There was presented Mayor and Council Communication No. G-14923 from the City Manager recommending that the City Council grant the High Impact gas well permit request of Dale Operating Company, to allow the drilling of the two gas wells on the A-pad at the 7LB Lease, gas well case GW-005-038, located approximately 300 feet west of Mallard Cove Park, an undeveloped City park located between the Trinity River and Randol Mill Road. Council Member Haskin inquired about the timeframe for drilling and if both wells would be drilled at the same time. Heather Barcia Ms. Heather Barcia, 1101 Schenectady Road, Arlington, Texas, representing Dale Operating Company, appeared before Council in support of the gas well. She stated that the first well would be drilled on February 1, 2006 with the second well being drilled a few months after the first well. 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-14923 be adopted. The motion carried unanimously nine (9) ayes to (0) nays. P-10229 There was presented Mayor and Council Communication No. P-10229 from the Ord. No. 16596- City Manager recommending that the City Council: 09-2005 Ord. No. 16597- 1. Adopt Appropriation Ordinance No. 16596-09-2005 increasing 2005 appropriations in the Capital Projects Reserve Fund in the amount of Ord. No. 16598- $450,504.00 and decreasing the fund balance by the same amount, 09-2005 for the purpose of transferring said funds to the Specially Funded Lease of Property Capital Projects Fund; at 834 Blue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 25 of 42 Mound Road 2. Authorize the City Manager to transfer $450,504.00 from the Capital West, Suite 100, Projects Reserve Fund to the Specially Funded Capital Projects Haslet, Texas Fund; 3. Adopt Appropriation Ordinance No. 16597-09-2005 increasing estimated receipts and appropriations in the Special Assessments Fund in the amount of $50,000.00, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund; 4. Authorize the City Manager to transfer $50,000.00 from the Special Assessments Fund to the Specially Funded Capital Projects Fund; 5. Adopt Appropriation Ordinance No. 16598-09-2005 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $500,504.00 from available funds for the purpose of funding temporary Fire Station 41; 6. Authorize the City Manager to execute a two-year lease agreement, in the amount of $2.00 per square foot (at this time estimated to be approximately $28,000.00) with one two-year option to renew, with Ron Sturgeon Real Estate LP, for a portion (0.32 acre) of property located at 834 Blue Mound Road West, Suite 100, Haslet, Texas, for the City of Forth Worth Fire Department for a temporary fire station; 7. Authorize the purchase of a portable building from William Scotsman to serve as temporary housing for the Fire Department for a cost not to exceed $99,579.00; and 8. Authorize the City Manager to execute a Job Order under the Job Order Contract with Jamail Construction Company in an amount not to exceed $185,000.00, for the construction of a metal building and associated site work to house the fire apparatus and other necessary fire equipment. Council Member Burdette made a motion, seconded by Council Member Hicks, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 26 of 42 PZ-2604 There was presented Mayor and Council Communication No. PZ-2604, dated Heard with August 4, 2005, from the City Manager recommending that the City Council Companion institute and consider the adoption of an ordinance for the voluntary annexation Zoning Docket No. of approximately 137.3 acres of land in Tarrant County located at the northwest ZC-05-098 corner of the intersection of Haslet Roanoke Road and Ridgetop Road (AX-05- 007, The Ranches East). Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. PZ- 2604 be moved further down on the agenda and heard with its companion zoning case, Zoning Docket No. ZC-05-098. The motion carried unanimously nine (9) ayes to (0) nays. C-20968 There was presented Mayor and Council Communication No. C-20968, dated Continued for One September 6, 2005, from the City Manager recommending that the City Council Week authorize the City Manager to execute the Economic Development Program Agreement with D.R. Horton Materials, Inc.; and find that the terms and conditions of the agreement constitute a custom-designed economic development program as recommended by the 2005 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition of the agreement. He requested that the Council stop providing abatements and that D.R. Horton Materials, Inc., needed to pay their share of City taxes. He added that companies should come to Fort Worth because they want to become part of Fort Worth without incentives. James McAlister Mr. James McAlister, 3703 Bryce, appeared before Council in opposition of the agreement. He stated that he hoped that D.R. Horton Materials, Inc., would want to invest in the community and requested that the Council entice them to come to Fort Worth for other reasons than an abatement. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-20968 be continued for one week. The motion carried unanimously nine (9) ayes to (0) nays. C-20995 There was presented Mayor and Council Communication No. C-20995 from the Ord. No. 16599- City Manager recommending that the City Council adopt Ordinance No. 16599- 09-2005 09-2005 finding that the conditions have materially changed so that the project Texas Department scope for the reconstruction of North Tarrant Parkway from Rainy Lake Drive of Transportation to US 377 as included in the 2004 Capital Improvement Program has increased to include the reconstruction of the existing south lanes; authorizing the 2004 Capital Improvement Program Funds designated for North Tarrant Parkway be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 27 of 42 used to include the increased project scope; authorize an estimated increase of $1,522,200.00 in the City's funding participation for construction of North Tarrant Parkway from Rainy Lake Drive to US 377, for change orders for reconstruction of existing south lanes and other modifications associated with the project; and authorize corresponding payment to the Texas Department of Transportation for the change orders. Council Member Espino made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. C-20996 There was presented Mayor and Council Communication No. C-20996 from the Ord. No. 16600- City Manager recommending that the City Council authorize the City Manager 09-2005 to accept funds in the amount of$15,000.00 from the Fort Worth Independent Fort Worth School District increasing the 2004-05 After School Program allocation at Independent Como Elementary School from $48,970.00 to $63,970.00; and adopt School District Appropriation Ordinance No. 16600-09-2005 increasing estimated receipts and appropriations in the General Fund in the amount of$15,000.00 from available funds, for the purpose of funding the After School Program at Como Elementary School. Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. C-20997 There was presented Mayor and Council Communication No. C-20997 from the Fort Worth City Manager recommending that the City Council authorize the City Manager Hispanic Chamber to enter into a lease agreement with the Fort Worth Hispanic Chamber of of Commerce Commerce for designated office space at the Northside Community Center. Council Member Espino made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to C-20998 designate Fort Worth Neighborhood Empowerment Reinvestment Zone Ord. No. 16601- Number 26; authorize a Tax Abatement Agreement with Citizens National 09-2005 Bank for property located at 2720 West 7th Street in the Trinity Park Citizens National Neighborhood Empowerment Zone. Mayor Moncrief opened the public Bank hearing and asked if there was anyone present desiring to be heard. Mr. Roy Lopez, Planner, Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C- 20998, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 28 of 42 There was presented Mayor and Council Communication No. C-20998 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of.7174 acres of land described as Lots 5, 6, 7,14, 15, 16 and 17, Block 9, K.M. Van Zandt's 2nd Addition, located at 2720 West 7th Street, City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 26; 2. Adopt Ordinance No. 16601-09-2005 amending Ordinance No. 15841 by removing certain property from Neighborhood Empowerment Reinvestment Zone No. 15 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone No. 26, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a Mechanism for renewal of the Zone; and containing matters related to the Zone; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Citizens National Bank are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 2720 West 7th Street in the Trinity Park Neighborhood Empowerment Zone (NEZ) owned by the Citizens National Bank; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with the Citizens National Bank for the property located at 2720 West 7th Street in the Trinity Park NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. Council Member Haskin inquired if Citizens National Bank was asking for the abatement. Council Member Davis stated that this was in keeping with the City policy of trying to invest in the commercial corridors. She stated that since the bank would be located in the NEZ it qualified for NEZ dollars. There being no else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. C-20998 be adopted. The motion carried seven (7) ayes to two (2) nays, with Mayor Pro tem Silcox and Council Member Haskin casting the descending votes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 29 of 42 AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL PZ-2604 There was presented Mayor and Council Communication No. PZ-2604, dated Ord. No. 16602- August 4, 2005, from the City Manager recommending that the City Council 09-2005 institute and consider the adoption of Ordinance No. 16602-09-2005 declaring Voluntary certain findings; providing for the extension of certain boundary limits of the Annexation, City of Fort Worth; providing for the annexation of approximately 137.3 acre Northwest Corner tract of land situated in the A.H. Hawkins Survey, Abstract No. 1906, the Louis of Intersection of C. King Survey, Abstract No. 906, the Rufus King Survey, Abstract No. 905, Haslet Roanoke the Hamilton Perry Survey, Abstract No. 2016, and the T. & P. RR. Co. No. 29 Road and Survey, Abstract No. 1569, Tarrant County, Texas (Case No. AX-05-007), Ridgetop Road which said territory lies adjacent to and adjoins the present corporate boundary (AX-05-007 The limits of Fort Worth, Texas; providing that the territory annexed shall bear its Ranches East) pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every other prior ordinance in conflict herewith. Bud Hudgins Mr. Bud Hudgins, 722 N. Main Street, appeared before Council in support of the annexation and zoning. He summarized the reasons for the annexation and that it met all requirements of the Comprehensive Plan. He requested Council's favorable consideration. He stated that the Henrietta Landowners Association had provided him with a letter of support for the development of this property. Jeff Mannon Mr. Jeff Mannon, 1501 Merrimac Circle, Suite 100, appeared before Council in support of the annexation and zoning. He advised the Council of the reconfiguration of streets and of the property to enhance drainage to increase run-off. Barbara Langston, Ms. Barbara Langston and Mr. Larry Langston, 6520 Meadows West, owners Larry Langston of the property, appeared before Council in support of the annexation and zoning. PZ -2604 It appeared that the City Council, at its meeting of September 6, 2005, Ord. No. 16602- continued the hearing of the application of Langston Land Partners, L.P., and 09-2005 and Medston Land Partners, L.P., for a change in zoning of property located in the ZC-05-098 13000 block of Ridgetop Road from Unzoned to "A-5" One-Family Residential Approved and "PD/SU" Planned Development/Specific Use for all uses in "A-7.5" One- Family Residential with restrictions, and waiver of site plan recommended, Zoning Docket No. ZC-05-098. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 30 of 42 Debra Edmondson Ms. Debra Edmondson, 1306 Plantation Drive, Southlake, Texas, an attorney representing Henrietta Creek, appeared before Council in opposition of the annexation. She stated that she had a letter dated September 2, 2005 from the Henrietta Landowners Association withdrawing their support for the development. She expressed concerns with the density of the development and stated that it did not meet requirements of the Comprehensive Plan. She expressed concern with public safety and stated that no traffic analysis had been done on Haslet Roanoke Road. She added that a comprehensive drainage plan was needed for the area and asked that Council deny the annexation. The following individuals appeared before Council in opposition of the annexation. They expressed concerns relative to excess water run-off, public safety, increased traffic, gas service vehicles on the road, flooding, and gas wells: Sharon Allred, Ms. Sharon A. Allred 13772 Canyon Ranch Road Perry Rupp, Mr. Perry Rupp 2190 Ottinger Road, Roanoke, Texas Linda Maples, Ms. Linda Maples 14265 Allen Trail, Roanoke, Texas Tonya Winger Ms. Tonya Winger 15751 Chapel Hill Court, Roanoke, Texas Mr. Hudgins addressed the concerns expressed by the speakers in opposition of the annexation. He stated that the northern part of the subdivision had been redesigned to address the drainage issues and that an investment of$550,000.00 was being made to the infrastructure for future use. He added that the density actually was decreased, not increased. Mr. Mannon stated that amenity ponds are part of the development and would serve as detention ponds that would enhance drainage. Council Member Espino asked staff if the petition submitted by the residents in the area met the 20 percent requirement to constitute a majority vote of the Council. Mr. John Garfield, Development Services Administrator, stated that the petition contained approximately 17 percent of the required signatures as many of the addresses were located in the County and were not counted. Mr. Bob Riley, Development Department Director, advised Council that their recommendation would be to approve the zoning case. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 31 of 42 There being no one else present desiring to be heard in connection with the application of Langston Land Partners, L.P., and Medston Land Partners, L.P., Council Member Espino made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that PZ-2604 and Ordinance No. 16602-09-2005 (Voluntary Annexation of 137.3 acres) be approved and Zoning Docket No. ZC-05-098 be approved. The motion carried seven (7) ayes to two (2) nays, with Mayor Pro tem Silcox and Council Member Haskin casting the descending votes. ZC-05-120 It appeared that the City Council, at its meeting of August 16, 2005, continued SP-05-030 the hearing of the application of Jerry Simons, Johnny Clark, et. al, for a change Approved in zoning of property located at 3213, 3217, 3221, 3225, 3229, 3233 Reagan Drive from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial to exclude the uses of chicken battery or brooder, wood, coke, or coal yard, and food processing, with site plan for manufacturing, plus office, Zoning Docket No. ZC-05-120 and Site Plan No. SP-05-030. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Donald Watson Mr. Donald A. Watson, 3240 Reagan Drive, appeared before Council in opposition of the zoning change. He requested the Council deny the zoning. (Council Member Espino stepped away from the dais.) Johnny Clarke Mr. Johnny Clarke, 6804 Kirk, appeared before Council in support of the zoning change. He stated that the City Zoning Commission approved the zoning and that it met all requirements of the Comprehensive Plan. He asked that Council favorably consider the zoning change. There being no one else present desiring to be heard in connection with the application of Jerry Simons, Johnny Clark, et. al., Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-120 and Site Plan No. SP-05-030 be approved. The motion carried unanimously eight (8) ayes to (0) nays, with Council Member Espino absent. (Council Member Espino returned to his chair at the dais.) SP-05-034 It appeared that the City Council, at its meeting of September 6, 2005, Approved continued the hearing of the application of Bryan McCallister for a site plan for repossessed vehicle storage for property located in the 6800 block of Old CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 32 of 42 Randol Mill Road, Site Plan No. SP-05-034. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Haskin inquired where employees would park on the property. Bryan McCallister Mr. Brian McCallister, 1020 Harrison, Kennedale, Texas, appeared before Council in support of the site plan. He stated that all employee parking would be within the fenced area on the property. There being no one else present desiring to be heard in connection with the application of Bryan McCallister, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Site Plan No. SP-05-034 be approved with the following addendum to restrictions: 1. Landscaping: All trees will be evergreen in nature with a minimum of a three-inch trunk. All shrubs will be evergreen in nature with a minimum of five gallons. Trees will be set on a twenty-foot center around the perimeter of the property with all shrubs set in a landscaped pattern between the trees. 2. Vehicle Storage: There will be no cars stored for longer than thirty days. 3. PD Restrictions: The entire lot, developed and undeveloped, will fall under all PD restrictions for use with the exception of undeveloped portions not being required to be landscaped until development. 4. Commercial Vehicle Storage: All commercial vehicles will be stored behind and inside of fenced lot. The motion carried unanimously nine (9) ayes to (0) nays. Regular Zoning It appeared to the City Council that Resolution No. 3243-08-2005 was adopted Hearing on August 16, 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 August 26, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 33 of 42 ZC-05-125 Council Member Jordan made a motion, seconded by Council Member Espino, Approved that the application of FJM Properties, L.P., for a change in zoning of property located at the southwest corner of Granbury Road and Altamesa Boulevard from "A-5" One-Family Residential, "E" Neighborhood Commercial, and "F- R" General Commercial Restricted to (Tract 3) "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial, excluding the following: sexually oriented business, tattoo parlor, pool hall, bar tavern, cocktail lounge unless associated with a restaurant, and with no detached pole sign, no wooded wall or fence to be constructed adjacent to residential property, and with site plan required. On Tract 4 to "PD/SU" Planned Development/Specific Use" for all uses in "I" Light Industrial, excluding the following: correctional facility; wastewater (sewage) treatment facility; water supply; treatment or storage facility; bar, tavern, cocktail lounge; club, private or teen; tattoo parlor; pool halls; sexually oriented business; stable, commercial, riding, boarding or rodeo arena; theater, drive-in; mini-warehouses; mobile home or manufactured housing sales; vehicle junkyard or storage yard; assaying; blacksmithing or wagon shop; bottling works, milk or soft drinks; chicken battery or brooder; coal, coke or wood yard; crematorium; food processing (no slaughtering); manufacture of aluminum, brass, or other metals or from bone, paper, rubber, leather; and, railroad roundhouse or railroad car repair shop, and with waiver of site plan requested, Zoning Docket No. ZC-05- 125, be approved. The motion carried unanimously nine (9) ayes to (0) nays. Mayor Pro tem Silcox expressed concern with the impact this development would have on the entrance ramp to SH 121. He stated that SH 121 would eventually have an interchange at Altamesa and SH121, but that the entrance ramp coming off Altamesa north to access SH 121 would brush numerous houses on Park Palisades. He stated that the road would probably need to be moved to the south to accommodate the homes development and the entrance ramp moved away from Park Palisades. (Mayor Pro tem Silcox stepped away from the dais.) Council Member Jordan emphasized the importance of this corner development. ZC-05-131 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of Vic Verstraete for a change in zoning of property located in the 9700 block of White Settlement Road and 9750 Legacy Drive, from (Tract II) "A-5" One Family Residential and "F" General Commercial and (Tract I11) "C" Medium Density Multi-Family Residential to (Tract II) "G" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 34 of 42 Intensive Commercial; (Tract I11) "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, excluding massage parlor and tattoo parlor, and waiver of site plan recommended, Zoning Docket No. ZC-05- 131, be approved. The motion carried unanimously eight (8) ayes to (0) nays, with Mayor Pro tem Silcox absent. ZC-05-135 Council Member Burdette made a motion, seconded by Council Member SP-05-036 Wheatfall, that the application of Village Homes for a change in zoning of Approved property located at 3701 and 3703 West 7th Street from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for townhomes, and with site plan required, Zoning Docket No. ZC-05-135 and Site Plan No. SP-05-036, be approved. The motion carried unanimously eight ayes to (0) nays, with Mayor Pro tem Silcox absent. (Mayor Pro tem Silcox returned to his chair at the dais.) ZC-05-136 Council Member Haskin expressed concerns with the mix of density at this Continued for location. Two Weeks Lee Nicol Mr. Lee Nicol, 3882 South Hills Circle, appeared before Council in support of the zoning change. He stated that the zoning change would significantly enhance the zoning and actually reduce the density. He stated that it was a better urban plan as it decreased the population by 15 percent, daily vehicle traffic by 41 percent, and multi-family zoning, and that 500 trees were now present compared to the 12 when the development started. Mayor Pro tem Silcox asked Mr. Nicol to clarify the use for a small tract of land off Chapin Road that would be located in District 3. He stated that he had not met with anyone to discuss this development and was not supportive of`R- 1" Zero Lot Line/Cluster Residential zoning. Mr. Nicol explained that there was six acres with "A-5" One-Family Residential that included a small "B" Two-Family Residential component. He stated that"R-l" Zero Lot Line/Cluster Residential comprised 45 acres. Mayor Pro tem Silcox requested that the portion located in District 3 be removed from consideration until he had an opportunity to meet with Mr. Nicol. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 35 of 42 Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the application of Chapel Creek Limited Partnership for a change in zoning of property located west of Chapel Creek, north of Chapin Road, south of Westpoint Boulevard from "A-5" One-Family Residential; "B" Two-Family Residential; "R-l" Zero Lot Line/Cluster Residential; "C-R" Low Density Multi-Family Residential; "C" Medium Density Multi-Family Residential; and "E" Neighborhood Commercial to various zoning categories, Zoning Docket No. ZC-05-136, be continued for two weeks. The motion carried unanimously nine (9) ayes to (0) nays. SP-05-037 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of Barham & Harris Development One, L.P., for a site plan to amend PD-409 for property located in the 6800 block of Bob Hangar Road, Site Plan No. ZC-05-037, be approved. The motion carried unanimously nine (9) ayes to (0) nays. ZC-05-139 Mr. Donald Scott, 1606 Mistletoe Boulevard, representing Fort Worth South, Approved/ appeared before Council in support of the zoning change. He summarized the Continued for One change and stated that developers were interested in creating a new residential Week area at this location. Donald Scott David Richards Mr. David A. Richards, 204 E. Daggett Avenue, Vice President of JAR-TEX Industries, appeared before Council in opposition of the rezoning. He expressed concern that "MU-2" High Intensity Mixed Use zoning placed their electroplating business at a higher risk for not being able to have their business at this location. Mr. Richards stated that their use would be legal non- conforming or "grandather" in; however, if the business were destroyed, they would be unable to rebuild at the same location because of the zoning. He requested the business be excluded from the rezoning. Betty Richards Ms. Betty Richards, 204 E. Daggett, appeared before Council in opposition of the zoning change. She stated that her business had been located at this address for 36 years and was a viable, successful business. She also was concerned with something happening to their business and not being able to rebuild at this location. Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that the application of the City of Fort Worth for a change in zoning of property located at various addresses from "E" Neighborhood Commercial; "E/DD" Neighborhood Commercial/Demolition Delay; "E/HSE" Neighborhood CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 36 of 42 Commercial/Highly Significant/Endangered; and "J" Medium Industrial to "MU-2" High Intensity Mixed Use, "MU-2/1313" High Intensity Mixed Use/Demolition Delay, "MU-2/HSE" High Intensity Mixed Use/Highly Significant/Endangered, Zoning Docket No. ZC-05-139, be approved with the exception of the property at 204 E. Daggett which would be continued for one week. The motion carried unanimously nine (9) ayes to (0) nays. ZC-05-140 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Zion Missionary Baptist Church for a change in zoning of property located 4100 Horne Street from "A-5" One-Family Residential and "C-F" Community Facilities to "A-5/HC" One-Family Residential/Historic and Cultural and "C-F/HC" Community Facilities/Historic and Cultural, Zoning Docket No. ZC-05-140, be approved. The motion carried unanimously nine (9) ayes to (0) nays. Mayor Pro tem Silcox made a motion, seconded by Council Member Hicks, that items 13 through 45, with the exception of item 30, on the zoning agenda, be approved with one motion as they were City-initiated zoning changes. The motion carried unanimously nine (9) ayes to (0) nays. ZC-05-141 Application of the City of Fort Worth for a change in zoning of property Approved located at 3401 and 3405 Chestnut Avenue from "B" Two-Family Residential to"I" Light Industrial, Zoning Docket No. ZC-05-141. ZC-05-143 Application of the City of Fort Worth for a change in zoning of property Approved located 2700 Angle Avenue from "B" Two-Family Residential to "E-R" Neighborhood Commercial Restricted, Zoning Docket No. ZC-05-143. ZC-05-145 Application of the City of Fort Worth for a change in zoning of property Approved located at 3027 North Hampton Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-05-145. ZC-05-146 Application of the City of Fort Worth for a change in zoning of property Approved located at 2521 and 2523 Lee Avenue from "C" Medium Density Multi-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-05-146. ZC-05-147 Application of the City of Fort Worth for a change in zoning of property Approved located at 2518 Refugio Avenue from "C" Medium Density Multi-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-05-147. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 37 of 42 ZC-05-148 Application of the City of Fort Worth for a change in zoning of property Approved located at 3209 Roosevelt Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-148. ZC-05-149 Application of the City of Fort Worth for a change in zoning of property Approved located at 1710 South Edgewood Terrace, from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-149. ZC-05-150 Application of the City of Fort Worth for a change in zoning of property Approved located at 2802 and 2804 Avenue L from "B" Two-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-150. ZC-05-151 Application of the City of Fort Worth for a change in zoning of property Approved located at 3418 Avenue M from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-151. ZC-05-152 Application of the City of Fort Worth for a change in zoning of property Approved located at 3406 Avenue N from "B" Two-Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-05-152. ZC-05-153 Application of the City of Fort Worth for a change in zoning of property Approved located at 4108 Baylor Street and 3904 and 3908 San Rose Drive from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-153. ZC-05-154 Application of the City of Fort Worth for a change in zoning of property Approved located at 3016 Bideker Street from "B" Two-Family Residential to"A-5" One- Family Residential, Zoning Docket No. ZC-05-154. ZC-05-155 Application of the City of Fort Worth for a change in zoning of property Approved located at 5557 Bong Drive from "C" Medium Density Multi-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-05-155. ZC-05-156 Application of the City of Fort Worth for a change in zoning of property Approved located at 4930 Chapman Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-156. ZC-05-157 Application of the City of Fort Worth for a change in zoning of property Approved located at 2010 Danner Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-157. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 38 of 42 ZC-05-158 Application of the City of Fort Worth for a change in zoning of property Approved located at 1932 Lloyd Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-158. ZC-05-159 Application of the City of Fort Worth for a change in zoning of property Approved located at 4001 Miller Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-159. ZC-05-161 Application of the City of Fort Worth for a change in zoning of property Approved located 4014 Ramey Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-161. ZC-05-162 Application of the City of Fort Worth for a change in zoning of property Approved located at 3541 Strong Avenue from "B" Two-Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-05-162. ZC-05-163 Application of the City of Fort Worth for a change in zoning of property Approved located at 909 Isbell Road from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-163. ZC-05-164 Application of the City of Fort Worth for a change in zoning of property Approved located at 3600 Avenue H from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-164. ZC-05-165 Application of the City of Fort Worth for a change in zoning of property Approved located at 1326 Driess Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-165. ZC-05-166 Application of the City of Fort Worth for a change in zoning of property Approved located at 717 Ernest Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-166. ZC-05-167 Application of the City of Fort Worth for a change in zoning of property Approved located at 1816, 1820, 1824, 1828, 1832 and 1836 Glenmore Avenue and 1812, 1816, 1820, 1824, 1828, 1832 and 1836 Greenfield Avenue from "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 05-167. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 39 of 42 ZC-05-168 Application of the City of Fort Worth a change in zoning of property located at Approved 719 East Harvey Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-168. ZC-05-169 Application of the City of Fort Worth for a change in zoning of property Approved located 1004 East Harvey Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-169. ZC-05-170 Application of the City of Fort Worth for a change in zoning of property Approved located 721 Judd Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-170. ZC-05-171 Application of the City of Fort Worth for a change in zoning of property Approved located at 2403 Lancaster Avenue from "J" Medium Industrial to "E-R" Neighborhood Commercial Restricted, Zoning Docket No. ZC-05-171. ZC-05-172 Application of the City of Fort Worth for a change in zoning of property Approved located at 809 North Freeway from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-172. ZC-05-173 Application of the City of Fort Worth for a change in zoning of property Approved located at 1705 East Tucker Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-173. ZC-05-175 Application of the City of Fort Worth for a change in zoning of property Approved located 2724 Jones Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-05-175. ZC-05-176 Application of the City of Fort Worth for a change in zoning of property Approved located at 3644 South Henderson from "F-R" General Commercial Restricted to"A-5" One-Family Residential, Zoning Docket No. ZC-05-176. Council Member Hicks commended the work of staff to rezone this property to zoning that was appropriate for the area. ZC-05-160 Council Member Haskin requested the zoning of property located at 4729 Approved Mansfield Highway be changed to "ER" Neighborhood Commercial Restricted instead of"E" Neighborhood Commercial. Mr. Bob Riley, Development Department Director, stated that if the intent of Council Member Haskin were to restrict the sale of alcohol, "ER" zoning would CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 40 of 42 restrict the size of the business. He suggested that the zoning could be amended to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding the sale of alcohol, with waiver of site plan. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox that the application of the City of Fort Worth for a change in zoning of property located at 4729 Mansfield Highway from "PD-87" Planned Development for Heavy Industrial requiring at 50-foot landscaped setback from the present front property line with screening fence to "E" Neighborhood Commercial, Zoning Docket No. ZC-05-160, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding the sale of alcohol, with waiver of site plan. The motion carried unanimously nine (9) ayes to (0) nays. AGENDA ITEM XVIIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-05-137 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, SP-05-038 that the application of J. Carroll Properties #1, Ltd., for a change in zoning of Denied with property located at 4232 SW Loop 820 from "A-5" One-Family Residential to Prejudice "PD/SU" Planned Development/Specific Use for "E-R" Neighborhood Commercial for office use, Zoning Docket No. ZC-05-137 and Site Plan SP-05- 038, be denied with prejudice. The motion carried unanimously nine (9) ayes to (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 tem Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2005 PAGE 41 of 42 ORDINANCE NO. 16603-09-2005 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 nine (9) ayes to (0) nays. Agenda Item Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council relative to XVIII annexation and redevelopment and finding out this information and/or it being Citizen more easily accessible. He also expressed concerns about a traffic bottleneck on Presentations Chapel Creek Boulevard, where it is a two-lane road. He added that a Riley Cantrell streetlight was needed at the intersection of Chapel Creek and Meadowgate. Mr. Cantrell suggested a camera be placed on Old Weatherford Road along with streetlights as people are dumping in and drag racing in that area. He also requested he be scheduled with an appointment to meet with City Manager Boswell to discuss a problem he was having with obtaining a building permit. Mayor Pro tem Silcox advised Mr. Riley that he had discussed the building permit with the Law Department and that it would be worked on immediately. Jerry Woods Mr. Jerry Woods, 304 High Woods Trail, appeared before Council and expressed the need to develop data on the guests from New Orleans. He advised the Council of the need for the data and stated that he had devised a cost-effective way of developing the data. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13,2005 PAGE 42 of 42 Council Member Wheatfall asked if the IT Solutions Department was going to ensure information on the Red Cross database was transferred into the City's database for long-term care of the New Orleans evacuees. Mayor Moncrief informed Mr. Woods that the City's IT Solutions Department were building a very effective database for the evacuees. Agenda Item XX There being no further business, the meeting was adjourned at 11:05 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 201h day of September, 2005. Attest: Approved:Micha ri Marty Hend x City Secretary May