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Home My WebLink About2004/03/23-Minutes-City Council CITY COUNCIL MEETING MARCH 23, 2004 Date & Time On the 23rd day of March, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:20 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Mayor Mike Moncrief was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Mark Washington, Armstrong Chapel AM E. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of March 11, 2004, were approved unanimously. Announcements Council Member Silcox announced that the 5t" Annual Pooch and Pals Promenade would be held March 27, 2004 at 9:00 a.m. at the Fort Worth Animal Care and Control Center. He stated that registration would start at 8:00 a.m. and encouraged everyone to participate. Dan Reimer, Health Department Director, extended an invitation to the Council to participate in the promenade and stated the event was an opportunity to raise conscientiousness of pet ownership. Council Member Haskin invited everyone to attend the Grand Opening of the City's first dog park at Gateway Park, April 3, 2004 at 10:00 a.m. Council Member Picht announced that March 27, 2004 was Neighborhood Clean-Up Day in the City. He also announced that he became a grandfather March 17, 2004 when his son and daughter-in-law adopted a boy and girl in St. Petersburg, Russia. Council Member Moss invited everyone to attend an Open House of the Handley-Meadowbrook Community Center, March 25, 2004 at 7:00 p.m. He added that there would be discussion of the overall process for demolition of the Cowtown Inn. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 2 of 31 Council Member Silcox expressed appreciation to the Fort Worth Star-Telegram for writing a front-page article that raised awareness of Diabetes. Withdrawn from Council Member Moss requested that Mayor and Council Consent Agenda Communication Nos. C-19996 and C-19997 be withdrawn from the consent agenda. Council Member Davis requested that Mayor and Council Communication No. G-14295 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-20002 be continued until March 30, 2004. Staff Council Member Moss requested that Council Proposal No. 240 be continued for one week. Consent Agenda On motion of Council Member Haskin, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. C.P. #238 There was presented Council Proposal No. 238 proposing that the Continued for City Council rename Houston Street to Albert E. Chew Drive Two Weeks requested by Shiloh Baptist Church. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be continued for two weeks. The motion carried unanimously. C.P. #240 It was the consensus of the City Council that Council Proposal Continued for No. 240, Waiver of Zoning Application Fee for Cathedral of Faith One Week Church of God in Christ, 5500 House-Anderson Road, be continued for one week. C.P. #242 There was presented Council Proposal No. 242 proposing that the Waive Community City Council waive Community Facility Requirements for replat of Facility a certain lot in the Hyde-Jennings Subdivision. Council Member Requirements for Moss made a motion, seconded by Haskin, that the Replat in Hyde- recommendation be adopted. The motion carried unanimously. Jennings Subdivision CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 3 of 31 City Council There was presented City Council Public Safety Committee Public Safety Recommendation No. 68 establishing raises for Municipal Judges Committee and Pro Tern Judges. Recommendation No. 68 — Heard City Attorney Yett requested the recommendation be delayed until with M&Cs G- related Mayor and Council Communication Nos. G-14310 and G- 14310 & G-14311 14311 were voted by Council. OCS-1405 There was presented Mayor and Council Communication No. Res. #3054 OCS-1405 from the Office of the City Secretary recommending Setting Regular that the City Council adopt Resolution No. 3054 setting regular Zoning Hearing zoning hearing for April 13, 2004. Council Member Silcox, made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. OCS-1406 There was presented Mayor and Council Communication No. Claims OCS-1406 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14295 There was presented Mayor and Council Communication No. G- Res. #3055 14295 from the City Manager recommending that the City Council Endorsement of adopt Resolution No. 3055 endorsement of 2004 Low Income 2004 Low Income Housing Tax Credit Application, to the Texas Department of Housing Tax Housing and Community Affairs, for the Samaritan Village Project, Credit with the condition that Hemphill Samaritan L.P. work with the City Application for Council, area neighborhood associations, and community-based Samaritan Village organizations to modify the project design. Project Council Member Davis expressed concern with the design of the project and stated she hoped to meet with Hemphill Samaritan L.P. to discuss the design prior to this issue returning to Council April 13, 2004. Council Member Stevenson expressed concern with the architectural design of the development and stated he wanted to review the redesign before approving the tax credit. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14295 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 4 of 31 G-14296 There was presented Mayor and Council Communication No. G- Ord. #15914 14296 from the City Manager recommending that the City Council Correct adopt Ordinance No. 15914 amending Ordinance No. 15748 to Ordinance No. reflect waiver of planned development site plan for Zoning Case 15748 ZC-03-259 for property in the 6600 Block of Lands End Court. It Concerning was the consensus of the City Council that the recommendation Zoning Case be adopted. #ZC-03-259 G-14297 There was presented Mayor and Council Communication No. G- Waive 14297 from the City Manager recommending that the City Council Application Fee find that a waiver of application fees for a sign variance and & Consent consent agreement for the Tarrant County Family Law Center Agreement for garage located at 307 East Weatherford Street carries out a public Wall Sign for purpose; and find that there are sufficient controls to ensure the Tarrant County public purpose is carried out; and authorize two waivers for the Family Law Board of Adjustment application of $300.00, and encroachment Center agreement application fee of $485.00. It was the consensus of the City Council that the recommendation be adopted. G-14298 There was presented Mayor and Council Communication No. G- Settlement of 14298 from the City Manager recommending that the City Council Lawsuit Entitled approve the proposed settlement of Lawsuit Styled the City of Greg Abbott, Fort Worth and Gary Jackson, in his Official Capacity, as City Attorney General Manager and as Officer for Public Information, v. Greg Abbott, of Texas vs. City Attorney General of Texas, Cause No. GV304609; and authorize of Fort Worth and the appropriate City representative to execute the documents Gary Jackson, as necessary to complete the settlement. It was the consensus of City Manager, the City Council that the recommendation be adopted. Cause No. GV304609 G-14299 There was presented Mayor and Council Communication No. G- Settlement of 14299 from the City Manager recommending that the City Council Claim Filed by approve the settlement of the claim filed by Conatser Conatser Construction, Inc. concerning Water and Sewer Replacement Construction, Contract WSM-A; and authorize the City Manager to expend the Inc. Concerning sum of $31,590.50 for the settlement agreed to by Conatser Water & Sewer Construction, Inc.; and authorize the check to be made payable to: Replacement Conatser Construction, Inc. It was the consensus of the City Contract WSM-A Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 5 of 31 G-14300 There was presented Mayor and Council Communication No. G- Res. #3056 14300 from the City Manager recommending that the City Council Retain Otto J. authorize the City to retain Otto J. Hetzel and Warren Butler for the Hetzel & Warren purpose of providing legal and professional services related to Butler for Legal & HUD audit issues; and adopt Resolution No. 3056 authorizing the Professional City to retain Otto J. Hetzel and Warren Butler for legal and Services Related professional services related to HUD audit issues and fixing in to HUD Audit advance, as far as practicable, the amount to be paid to both Mr. Issues Hetzel and Mr. Butler shall not exceed an aggregate of $30,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14301 There was presented Mayor and Council Communication No. G- Res. #3057 14301 from the City Manager recommending that the City Council Employment of authorize the City to retain the law firm of Kelly, Hart and Hallman Outside Counsel and designate Alan D. Hegi as outside counsel pursuant to to Assist & Chapter VI, Section 3 of the City Charter to assist the City Advise on Legal Attorney with legal issues regarding the Southeast Landfill Issues Related to including access to the landfill; and adopt Resolution No. 3057 for Southeast the employment of Kelly, Hart and Hallman as outside legal Landfill council to assist and advise the City on legal issues related to the Southeast Landfill and fixing in advance, as far as practicable, the compensation to be paid to Kelly, Hart and Hallman in an amount not to exceed $25,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14302 There was presented Mayor and Council Communication No. G- Settlement of 14302 from the City Manager recommending that the City Council Lawsuit Entitled approve the settlement of lawsuit entitled Kari L. Mercer v. Charlie Kari L. Mercer v. D. Brown and City of Fort Worth, Cause No. 141-198857-03; and Charlie D. Brown authorize the payment of $92,500.00 in settlement of the and City of Fort referenced suit payable to Kari Mercer and Attorney Brandt Worth, Cause No. Martin; and authorize the appropriate City personnel to execute 141-198857-03 any release and agreement necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-14303 There was presented Mayor and Council Communication No. G- Temporary 14303 from the City Manager recommending that the City Council Closure of authorize the temporary closure of Maurice Avenue from Fairview Maurice Avenue Avenue to approximately North Beach Street beginning March 15, 2004 until June 30, 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 6 of 31 G-14304 There was presented Mayor and Council Communication No. G- Ord. #15915 14304 from the City Manager recommending that the City Council Contractual adopt Appropriation Ordinance No. 15915 increasing estimated Payment from receipts and appropriations in the Special Trust Fund in the Ken Moore amount of $9,449.32 from available funds for the purpose of Enterprises, Inc funding a one-year contract with Ken Moore Enterprises, Inc. to for Public Events provide improvements, equipment, and promotion of the Will Department Rogers Memorial Center; and authorize the use of these funds in Special Trust accordance with the City's purchasing and expenditure Fund guidelines. It was the consensus of the City Council that the recommendation be adopted. G-14305 There was presented Mayor and Council Communication No. G- Ord. #15916 14305 from the City Manager recommending that the City Council 2004 Annual authorize the City Manager to accept the annual grant payment Grant Payment from the Law Enforcement Officer Standards and Education from LEOSE (LEOSE) account in the amount of $5,276.82; and adopt Account for City Appropriation Ordinance No. 15916 increasing estimated receipts Marshal's and appropriations in the Special Trust Fund, Law Enforcement Division Officer Standards Education (LEOSE) Funds in the amount of $5,276.82 from the Texas Comptroller of Public Accounts for the purpose of funding training for the Marshal's Division. It was the consensus of the City Council that the recommendation be adopted. G-14306 There was presented Mayor and Council Communication No. G- Res. #3058 14306 from the City Manager recommending that the City Council Employment of authorize the City to retain Charles Gunter with the law firm of Outside Counsel Whitaker, Chalk, Swindle and Sawyer, L.L.P. as outside counsel, to Advise the pursuant to Chapter VI, Section 3 of the City Charter, in order to Copyrighting of provide legal consultation to the City Attorney's Office concerning Educational the copyrighting of educational materials; and adopt Resolution Materials No. 3058 for the employment of Whitaker, Chalk, Swindle and Sawyer, L.L.P. as outside legal council in copyright issues for Environmental Management and designating in advance, as far as practicable, that the amount to be paid to Whitaker, Chalk, Swindle and Sawyer will not exceed $11,650.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 7 of 31 G-14307 There was presented Mayor and Council Communication No. G- Res. #3059 14307 from the City Manager recommending that the City Council: Ord. #15917 Ord. #15918 1. Adopt Resolution No. 3059 certifying the availability of Construction of $87,000.00 in City funds will be available as a 10 percent Planned Airfield match for a grant from the Texas Department of Upgrade Project Transportation (TxDOT) Aviation Division in the amount of at Fort Worth $783,000.00 for the Phase One Airfield Infrastructure Spinks Airport upgrades at Fort Worth Spinks Airport; and 2. Authorize the City Manager to accept a grant in the amount of $783,000.00 for the phase one construction for the airfield improvements from TxDOT; and 3. Authorize the transfer of $87,000.00 from escrow funds to revenue in the Municipal Airports Fund; and 4. Adopt Supplemental Appropriation Ordinance No. 15917 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $87,000.00 from available funds for the purpose of funding a transfer to the Airport Grants Fund for the City's match of a grant from the Texas Department of Transportation, Aviation Division for the phase one construction of airfield infrastructure upgrades at Fort Worth Spinks Airport; and 5. Authorize the transfer of $87,000.00 from the Municipal Airports Fund to the Airport Grants Fund for the City's match; and 6. Adopt Appropriation Ordinance No. 15918 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $870,000.00, contingent upon receipt of the grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding phase one construction of airfield infrastructure upgrades at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 8 of 31 G-14308 There was presented Mayor and Council Communication No. G- Ord. #15919 14308 from the City Manager recommending that the City Council: Grant from Criminal Justice 1. Authorize the City Manager to apply for and accept, if Division of Office awarded, a grant from the Criminal Justice Division of the of Governor of Office of the Governor of Texas in the amount of Texas to Operate $130,370.00 to operate the Diamond Hill Connection After- Diamond Hill School Program from September 1, 2004 to August 31, 2005; Connection and After-School Program & 2. Adopt Appropriation Ordinance No. 15919 increasing Execute estimated receipts and appropriations in the Grants Fund in Contracts with the amount of $130,370.00 subject to receipt of the grant YMCA of from the Criminal Justice Division of the Office of the Metropolitan Fort Governor of Texas, for the purpose of funding the Diamond Worth & Camp Hill Connection After-School Program; and Fire USA First Texas Council 3. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the Diamond Hill Connection After-School Program to accept, reject, or alter this grant, if awarded; and 4. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the YMCA of Metropolitan Fort Worth in an amount not to exceed $86,707.00, and Camp Fire USA First Texas Council in an amount not to exceed $43,663.00, to conduct the Diamond Hill Connection After-School Program. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on the approval and authorization to execute a Unified Sign Agreement and approval of a Sign Plan for Golden Beach Market Place. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14309 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 9 of 31 G-14309 There was presented Mayor and Council Communication No. G- Continued for 14309 from the City Manager recommending that the City Council Two Weeks consider approval of a unified sign agreement for Golden Beach Market Place, located at 10800 North Beach Street, Fort Worth, Texas. There being no one present desiring to be heard in connection with the public hearing on the approval of a unified sign agreement for Golden Beach Market Place, located at 10800 North Beach Street, Fort Worth, Texas, Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-14309 be continued for two weeks. The motion carried unanimously. G-14310, G- There was presented Mayor and Council Communication No. G- 14311, and City 14310 from the City Manager recommending that the City Council Council Public adopt an ordinance appointing Ninfa L. Mares, Steven C. Safety Williamson, Sharon Newman-Stanfield, James D. Rodgers, Jo Ann Committee Reyes, Alicia R. Johnson, Robb D. Catalano, Gabriella K. Recommendation Bendslev, Simon C. Gonzalez, Brain W. Salvant and Stephanie J. No. 68 Beamer as Municipal Judges for a two year term commencing Delayed until April 1, 2004 and ending March 31, 2006 or until a successor is after Executive qualified and appointed in accordance with state law; designating Session Ninfa Mares as Chief Judge and Steven Williamson as Deputy Chief Judge. Council Member Haskin made a motion, seconded by Council Member Picht, that Mayor and Council Communication Nos. G-14310, G-14311, and City Council Public Safety Committee Recommendation No. 68 be delayed until after the Executive Session. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Members Lane and Silcox ABSENT: Mayor Moncrief Public Hearing It appeared that the City Council set today as the date for a public hearing on establishing Fort Worth Public Improvement District No. 12, (Chapel Hill), and authorize the City Manager to enter into a contract for Management Services in the District. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 10 of 31 Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14312 as follows: G-14312 There was presented Mayor and Council Communication No. G- Res. #3060 14312 from the City Manager recommending that the City Council: Establishing Fort Worth Public 1. Hold a public hearing concerning the following matters: Improvement District No. 12, . The advisability of establishing the proposed district (Chapel Hill), & . The general nature of the proposed improvements Enter into a and/or services contract for . The estimated cost of improvements and/or services Management . The proposed boundaries of the district Services . The proposed method of assessment • The proposed apportionment of costs between the improvement district and the City as a whole; and 2. Adjourn such public hearing; and 3. Adopt Resolution No. 3060 establishing Fort Worth Public Improvement District No. 12 (Chapel Hill) and taking certain other actions concerning the district, which: a. Makes certain findings concerning the nature and advisability of the improvements, and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the district and the City as a whole; b. Establishes a public improvement district under the Public Improvement District Assessment Act (the "Act") (V.T.C.A, Local Government Code, Section 372.001 et seq.), to be known as the Fort Worth Improvement District No. 12; c. Authorizes the City to exercise the powers granted by the Act in connection with the establishment of a public improvement district; and d. Directs the City Secretary to publish notice of the establishment of the district as required by the Act. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 11 of 31 There being no one present desiring to be heard in connection with the public hearing establishing Fort Worth Public Improvement District No. 12, (Chapel Hill), and authorize the City Manager to enter into a contract for Management Services in the District, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14312 be adopted. The motion carried unanimously. G-14313 There was presented Mayor and Council Communication No. G- Continued for 14313 from the City Manager recommending that the City Council One Week adopt an ordinance adjusting the total number of authorized Civil Service Positions at each classification (Rank) in the Fire Department for Fiscal Year 2003-2004; providing for the creation of one additional Battalion Chief position; providing for the deletion of one captain position; and providing a statement of purpose and intent. Bobby Tatum, Messers Bobby Tatum, 3205 Marie Lane, and William William MacQueenette, 5133 E. Berry Street, appeared before Council in MacQueenette support of the ordinance. Council Member Davis stated that she would like to review the present organizational structure, the organizational structure proposed by the ordinance, and the cost comparison. Council Member Moss requested information relative to the racial composition of individuals presently in the positions. Mayor Pro tempore McCloud asked for the recommendations of the consultants. Council Member Picht asked for a projection for the staffing of the fire department over the next few years be provided. Council Member Silcox made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G- 14313 recommendation be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 12 of 31 G-14314 There was presented Mayor and Council Communication No. G- Ord. #15920 14314 from the City Manager recommending that the City Council Monetary accept a monetary donation in the amount of $28,500.00 from Donations for "Once Upon a Time"; and adopt Supplemental Appropriation Once Upon a Ordinance No. 15920 increasing estimated receipts and Time & Authorize appropriations in the General Fund in the amount of $28,500.00 Purchase of One from available funds for the purpose of funding the purchase of a Bullard Thermal Thermal Imaging Camera and three laptop computers for the Fire Imager Camera & Department; and authorize the purchase of one Bullard Thermal 3 Laptop Imaging Camera from Four Alarm Fire Equipment in the amount of Computers- $18,000.00 for the Fire Department, as a procurement necessary to Hazardous preserve the public health and safety, with payments due thirty Materials Team days from the date of the invoice; and authorize the purchase of Units three laptop computer units for use by the Fire Department's Hazardous Materials "HAZMAT" Team, with approximate cost for each computer unit at $3,500.00 for a total cost of $10,500.00. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted with appreciation. The motion carried unanimously. P-9930 There was presented Mayor and Council Communication No. P- Minor Equipment 9930 from the City Manager recommending that the City Council authorize the purchase of minor equipment with multiple vendors for the Water Department, based on the low bid meeting specifications, not to exceed $63,184.05. Payment is due thirty days from date the invoice is received. The City of Fort Worth takes ownership at the City's facility and freight is not charged. It was the consensus of the City Council that the recommendation be adopted. P-9931 There was presented Mayor and Council Communication No. P- Bullard Thermal 9931 from the City Manager recommending that the City Council Imagers authorize the purchase of five Bullard Thermal Imagers from Four Alarm Fire Equipment for the Fire Department with a unit price of $17,000.00, and total cost not to exceed $85,000.00, including freight cost to the received point with payment due thirty days from date of invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 13 of 31 P-9932 There was presented Mayor and Council Communication No. P- Wiring 9932 from the City Manager recommending that the City Council Harnesses authorize the purchase of wiring harnesses for 103 new Ford Crown Victoria police pursuit vehicles from Global Electronics for the Police Department. Prices are based on the sole bid, not to exceed $40,170.00. Payment is due thirty days from date the invoice is received The City takes ownership at the vendor's facility and freight is not charged. It was the consensus of the City Council that the recommendation be adopted. P-9933 There was presented Mayor and Council Communication No. P- Ord. #15921 9933 from the City Manager recommending that the City Council Xerox High authorize a purchase agreement for the purchase, and installation Speed, High of two high speed volume printers (one DP90, and one DP75MICR Volume Printers model), for the Information Technology (IT) Solutions Department, & Supplies from Xerox Corporation, using a State of Texas Department of Information Resources (DIR) purchase contract at an estimated cost of $172,500.00; and authorize the purchase of consumable supplies, meter charges and maintenance for both printers, from Xerox Corporation, using a State of Texas DIR purchase contract for an estimated cost of $2,570.00 per month; and adopt Appropriation Ordinance No. 15921 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $172,500.00 to be obtained through the City's Equipment Note Program approved on February 9, 1999, (M&C G- 12462) by Ordinance No. 13701 and as amended (M&C G-12681) for the purpose of funding a purchase agreement for the purchase and installation of two high speed and volume printers for the IT Solutions Department from the Xerox Corporation. It was the consensus of the City Council that the recommendation be adopted. L-13775 There was presented Mayor and Council Communication No. L- Permanent 13775 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as A-265, Jose Chirino Survey, Tarrant County, Texas from AIL Investments, L.P. for property located South of SH 170, West of Highway 377 (DOE 4035) needed for future development of Rolling Meadows Addition for $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 14 of 31 L-13776 There was presented Mayor and Council Communication No. L- Permanent 13776 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of two permanent sanitary sewer Easements & easements, and two temporary construction easements described Temporary as Part R. P. Ramey Survey, Abstract 1341, Tarrant County, Texas Construction from various owners for property located in East Fort Worth for Easements the construction of Main 244A-Parallel Relief Sewer (DOE 3295) for a cost of $35,300.00 plus estimated closing costs of $1,500.00 for a total cost of $36,800.00. It was the consensus of the City Council that the recommendation be adopted. L-13777 There was presented Mayor and Council Communication No. L- Permanent 13777 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as portion of the Sanders Elliott Survey, Abstract 476, Tarrant County, Texas from Joseph Faso and Bob Spence for property located along Haltom Road South of Trinity Railway Express (DOE 3570) necessary for the construction maintenance and relocation of the sanitary sewer main M-181-A for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13778 There was presented Mayor and Council Communication No. L- Sale of Tax- 13778 from the City Manager recommending that the City Council Foreclosed approve the sale of one tax-foreclosed property for a total Property & purchase price of $3,544.99 to Neighborhood Housing Services of Permanent Fort Worth and Tarrant County Inc. in accordance with Section Sanitary Sewer 34.05 of the Texas Tax Code; and accept one permanent sanitary Easement sewer easement (DOE 920) described as 2605 Grover Avenue, Lot R26, Block 31, Diamond Hill Addition, Tarrant County, Texas from Neighborhood Housing Services of Fort Worth and Tarrant County Inc.; and authorize the City Manager to execute the appropriate deed conveying the property to Neighborhood Housing Services of Fort Worth and Tarrant County Inc. and record the necessary documents. It was the consensus of the City Council that the recommendation be adopted. L-13779 There was presented Mayor and Council Communication No. L- Sale of Surplus 13779 from the City Manager recommending that the City Council Properties approve the sale of various surplus tax foreclosed properties, in accordance with 272.001 of the Texas Local Government Code for a total of $239,830.11; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 15 of 31 L-13780 There was presented Mayor and Council Communication No. L- Acquisition of 13780 from the City Manager recommending that the City Council One Single- authorize the acquisition of one single-family residential property Family located at 3308 Chestnut Avenue on the West Side of Fort Worth Residential Meacham International Airport for the Noise Mitigation Program Property for Fort (DOE 3932); and find that the price offered in the amount of Worth Meacham $64,500.00 is just compensation for the acquisition of the property International plus an estimated real estate tax pro-rated amount not to exceed Airport Noise $2,000.00 for a total cost of $66,500.00; and authorize the Mitigation acceptance and recording of appropriate instruments. It was the Program consensus of the City Council that the recommendation be adopted. L-13781 There was presented Mayor and Council Communication No. L- Sale of Tax- 13781 from the City Manager recommending that the City Council Foreclosed approve the direct sale of tax-foreclosed property described as Abstract 1464, Tracts 2A & 313, Abstract 1515, 1 F1 S A & M G RR Co. Survey located at 802 Meacham Boulevard to Prime Rail Interest, Inc., in accordance with Section 34.05 of the Texas State Property Tax Code (DOE 920) for the total purchase price in the amount of $52,029.00; and authorize the City Manager to execute appropriate deeds for the conveyance of the property of Prime Rail Interest, Inc., and record the necessary documents. It was the consensus of the City Council that the recommendation be adopted. L-13782 There was presented Mayor and Council Communication No. L- Permanent 13782 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as Lot 26, Block 2 and Lot 19, Block 2, Schwartz Subdivision, Tarrant County, Texas from Lora Frances Stotts and Johnnie Stanfield for property located 1402 East Peach Street and 1405 East Bluff Street (DOE 4296) necessary for the construction, operation, maintenance, and repair of sanitary sewer main M-63 for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13783 There was presented Mayor and Council Communication No. L- Acquisition of 13783 from the City Manager recommending that the City Council Additional Land authorize the City Manager to purchase 11.0 acres of land in the from Zena Land amount of $49,500.00, from Zena Land Development. This Development for purchase is for the continued land assemblage of Mallard Cove Mallard Cove Park, as approved under the standing Option/Right of First Park Refusal Agreement (M&C L-13498). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 16 of 31 PZ-2523 There was presented Mayor and Council Communication No. PZ- Waive of 2523 from the City Manager recommending that the City Council Application Fee find that a waiver of application fees for a sign variance for for Board of Downtown Tire located at 118 North Henderson Street carries out Adjustment & a public purpose; and find that there are sufficient controls to Encroachment ensure the public purpose is carried out; and authorize waivers Agreement for a for the Board of Adjustment application fee of $300.00, and in the Monument Sign event an encroachment agreement is necessary, the application fee of $485.00. It was the consensus of the City Council that the recommendation be adopted. C-19996 There was presented Mayor and Council Communication No. C- Fort Worth 19996 from the City Manager recommending that the City Council Housing authorize the City Manager to execute an agreement with the Fort Authority Worth Housing Authority for a fee-based apartment/housing inspection service to be provided by the City of Fort Worth's Housing Department; and authorize the City Manager to amend or renew the agreement annually, unless terminated as provided in the agreement. Council Member Moss stated that the Housing and Workforce Development Committee had reviewed recommendation and added that the $20,000.00 would supplement the Housing Department's budget shortfall. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19996 be adopted. The motion carried unanimously. C-19997 There was presented Mayor and Council Communication No. C- Ord. #15922 19997 from the City Manager recommending that the City Council Fort Worth authorize the City Manager to accept a grant of $100,000.00 from Housing the Fort Worth Housing Authority (FWHA) for providing Authority counseling/homeownership training, and related services to eligible participants in FWHA's Section 8 Housing Choice Voucher Program; and authorize the City Manager to execute a contract with the FWHA to amend, extend, or renew this contract in accordance with City policies and regulations upon mutual agreement with the FWHA; and adopt Appropriation Ordinance No. 15922 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00 from available funds for the purpose of funding a contract with the Fort Worth Housing Authority for the Housing Choice Voucher Program. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 17 of 31 Council Member Moss commended the efforts of the City's Housing Department and Fort Worth Housing Authority for reaching an agreement that would benefit residents eligible for Section 8 assistance. He added that the $100,000.00 would supplement the Housing Department's budget shortfall. Council Member Moss made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C- 19997 be adopted. The motion carried unanimously. C-19998 There was presented Mayor and Council Communication No. C- Sundance West 19998 from the City Manager recommending that the City Council Partners, L.P. authorize a Consent Agreement with Sundance West Partners, L.P., for use of the right-of-way for installation of a rotating sign, and facade sign on the Sander Loft Building at 410 Houston Street for Leddy's Ranch. It was the consensus of the City Council that the recommendation be adopted. C-19999 There was presented Mayor and Council Communication No. C- Fort Worth 19999 from the City Manager recommending that the City Council South, Inc. authorize the City Manager to amend the Purchase Agreement (Contract No. 28494) to change the zoning requirement and extend the option period to May 31, 2004; and authorize the City Manager to execute an appropriate deed conveying the property to Fort Worth South, Inc. and record the deed, if the terms of the option agreement as amended are satisfied. It was the consensus of the City Council that the recommendation be adopted. C-20000 There was presented Mayor and Council Communication No. C- Ord. #15923 20000 from the City Manager recommending that the City Council Kimley-Horn & authorize the transfer of $426,450.00 from the Water and Sewer Associates, Inc. Operating Fund to the Water Capital Project Fund in the amount of $31,000.00, and the Sewer Capital Project Fund in the amount of $395,450.00; and adopt Appropriation Ordinance No. 15923 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $31,000.00 and the Sewer Capital Project Fund in the amount of $395,450.00 from available funds for the purpose of funding a contract with Kimley-Horn Associates, Inc. for Sanitary Sewer Rehabilitation Contract LXX (70); and authorize the City Manager to execute a contract with Kimley-Horn Associates, Inc. in the amount of $408,450.00 Sanitary Sewer Rehabilitation Contract LXX (70). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 18 of 31 C-20001 There was presented Mayor and Council Communication No. C- Site Concrete, 20001 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Site Concrete, Inc. for pavement repair of Taxiway "H" at Alliance Airport in the amount of $182,450.00. It was the consensus of the City Council that the recommendation be adopted. C-20002 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-20002, Change Order No. 2 to Contract with March 30, 2004 S. J. Louis Construction of Texas Ltd., LLP for Northside II Water Main Extension Phase II, Units 1, 2, and 3, be continued until March 30, 2004. C-20003 There was presented Mayor and Council Communication No. C- Freese and 20003 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an agreement with Freese (Annexation and Nichols, Inc. in the amount of $150,052.00 for water and sewer A-00-20) improvements to serve the Thompson Road and Riverside North area (Annexation A-00-20). It was the consensus of the City Council that the recommendation be adopted. C-20004 There was presented Mayor and Council Communication No. C- Tarrant County 20004 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County to continue to provide disease control services for Fiscal Year 2003-2004 for an amount not to exceed $170,004.00. It was the consensus of the City Council that the recommendation be adopted. C-20005 There was presented Mayor and Council Communication No. C- Kimley-Horn & 20005 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of $649,250.00 for the Fort Worth Medical District Water Distribution System Evaluation Study and Improvements, Part 2. It was the consensus of the City Council that the recommendation be adopted. C-20006 There was presented Mayor and Council Communication No. C- RJN Group, Inc. 20006 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with RJN Group, Inc. in the amount of $740,698.02 for the Main 34, 100, D100 Drainage Area Sanitary Sewer System Evaluation Study and Improvements. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 19 of 31 C-20007 There was presented Mayor and Council Communication No. C- Tri-Tech 20007 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Tri-Tech Inc. Construction, Inc. for the construction of the Lake Worth South Shore Gravity Sewer Improvements, in an amount not to exceed $869,786.00. It was the consensus of the City Council that the recommendation be adopted. C-20008 There was presented Mayor and Council Communication No. C- Wade & 20008 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Wade & Associates, Inc. in the amount of $677,047.00 for the Main 134 Drainage Area Sanitary Sewer Evaluation Study and Improvements. It was the consensus of the City Council that the recommendation be adopted. C-20009 There was presented Mayor and Council Communication No. C- Youth Sports 20009 from the City Manager recommending that the City Council Council of Fort authorize the City Manager to enter into a contract agreement with Worth, Inc. the Youth Sports Council of Fort Worth, Inc. for program services for a license period of five (5) consecutive years beginning March 1, 2004 and ending February 29, 2008. It was the consensus of the City Council that the recommendation be adopted. C-20010 There was presented Mayor and Council Communication No. C- Continued for 20010 from the City Manager recommending that the City Council Two Weeks adopt an appropriation ordinance increasing appropriations in the Solid Waste Fund in the amount of $1,720,000.00 and decreasing the unreserved retained earnings by the same amount, for the purpose of transferring said funds to the Solid Waste Capital Improvements Fund; and authorize the transfer of $1,720,000.00 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund by $1,720,000.00 from available funds, for the purpose of funding an agreement with AUI Contractors, L.P. for the design and construction of two Citizen Drop Off Stations; and approve the execution of a Design/Build Agreement with AUI Contractors, L.P. for two Citizen Drop Off Stations for a total cost not to exceed $1,500,000.00. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 20 of 31 Council Member Silcox stated that bulky waste pickup needed to be improved and a program implemented whereby everything placed on a residential curb would be picked up by the contractor. He made a motion, seconded by Council Member Davis, to continue this issue for two weeks. Council Member Haskin made a substitute motion, seconded by Council Member Moss, that the recommendation be adopted. The motion failed by the following vote: AYES: Council Members Haskin, Moss, and Picht NOES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Stevenson, and Davis ABSENT: Mayor Moncrief The original motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Stevenson, and Davis NOES: Council Members Haskin and Picht ABSENT: Mayor Moncrief Mayor Pro tempore McCloud stated that he had just received a speaker card from Mr. Bryan Holland requesting he be allowed to speak relative to Mayor and Council Communication No. G-14312. Mayor Pro tempore McCloud called Mr. Holland to speak at this time. Bryan Holland Mr. Bryan Holland, 32 Village Lane, Suite 200, Colleyville, Texas appeared before Council in support of Mayor and Council Communication No. G-14312. He stated that he had been trying to get the matter approved since September 2003 and asked for Council's favorable reconsideration at time. He added the shopping center would open in two weeks and he still had no permits issued or any unified sign agreement. Reconsider Council Member Lane made a motion to reconsider Mayor and M&C #G-14312 Council Communication No. G-14312 at this time. The motion failed for lack of a second. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 21 of 31 C-20011 There was presented Mayor and Council Communication No. C- Archer-Western 20011 from the City Manager recommending that the City Council Contractors, Ltd. authorize the City Manager to execute a contract with Archer- Western Contractors, Ltd. in the amount of $5,391,000.00 for the Rolling Hills Water Treatment Plant-Facilities Upgrade and 40 MGD Expansion, Phase 4 — New High Service Pump Station. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. ZC-03-228 It appeared that the City Council, at its meeting of February 11, SP-03-037 2004, continued the hearing of the application of Christ Chapel Continued Until Bible Church for a change in zoning of property located in the April 6, 2004 3600-3700 blocks of Birchman Avenue from "PD-449" Planned Development for church and parking and "B" Two-Family to "PD/SU" for all uses allowed in "B" Two-Family plus church related expansion and parking, Zoning Docket No. ZC-03-228 and Site Plan No. SP-03-037. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Christ Chapel Bible Church, Council Member Stevenson made a motion, seconded by Council Member Davis, that the Zoning Docket No. ZC-03-228 and Site Plan No. SP- 03-037 be continued until April 6, 2004. The motion carried unanimously. ZC-03-286A It appeared that the City Council, at its meeting of February 11, Ord. #15924 2004, continued the hearing of the Text Amendment concerning Text Amendment parking lot design standards, Zoning Docket No. ZC-03-286A. Approved Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Haskin, that the Zoning Hearing be closed, Zoning Docket No. ZC-03-286A be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 22 of 31 ORDINANCE NO. 15924 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, AMENDING SECTION 6.202 CONCERNING PARKING LOT DESIGN STANDARDS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Regular Zoning It appeared to the City Council that the Notice of Public Hearing Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on February 26, 2004 and March 3, 2004. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. ZC-03-286B It appeared that the City Council set today as the date for a Ord. #15925 hearing for Zoning Docket No. ZC-03-28613, Text Amendment Text Amendment allowing zero lot line, cluster housing, townhouses and Approved rowhouses in multifamily districts at the same density as apartments. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. Council Member Davis requested that Zoning Docket No. ZC-04- 058 be considered with this zoning case as they were related. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed, Zoning Docket No. ZC-03-286B be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 23 of 31 ORDINANCE NO. 15925 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, AMENDING SECTION 4.708 TO ALLOW ZERO LOT LINE AND CLUSTER HOUSING IN "C" AND "D" MULTIFAMILY DISTRICTS AT THE SAME DENSITY AS APARTMENTS; AMENDING SECTION 4.709 TO ALLOW TOWNHOUSES AND ROW HOUSES IN "C" AND "D" MULTIFAMILY DISTRICTS AT THE SAME DENSITY AS APARTMENTS, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-058 It appeared that the City Council set today as the date for a Ord. #15926 hearing for Zoning Docket No. ZC-04-058, Text Amendment Text Amendment concerning setback requirements for zero lot line residences and Approved townhouses across the street from residential districts. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed, Zoning Docket No. ZC-04-058 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 24 of 31 ORDINANCE NO. 15926 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY FORT WORTH, AMEND SECTION 6.101 "YARDS" TO ADD SETBACK, REQUIREMENTS FOR ZERO LOT LINE/CLUSTER ("R1") AND TOWNHOUSE/CLUSTER ("R2") DISTRICTS LOCATED ACROSS FROM ONE-FAMILY, TWO-FAMILY AND MULTIFAMILY DISTRICTS; AMENDING THE TABLES IN SUBSECTION C "PROPERTY DEVELOPMENT STANDARDS" OF SECTIONS 4.708 AND 4.709 TO ADD A REFERENCE TO SECTION 6.101 FOR ZERO LOT LINE/CLUSTER (`R1") AND TOWNHOUSE/CLUSTER ("R2") DISTRICTS; TO AMEND CHAPTER 4, ARTICLE 6, "RESIDENTIAL USE TABLE" TO ADD A REFERENCE TO SECTION 6.101 FOR ZERO LOT LINE/CLUSTER ("R1") AND TOWNHOUSE/CLUSTER ("R2") DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-320A It appeared that the City Council, at its meeting of February 24, SP-03-055 2004, continued the hearing of the application of City of Fort Continued Until Worth Planning Department for a change in zoning of property April 13, 2004 located at 2601 West 7t" Street from "J" Medium Industrial to "PD/MU-2" Planned Development/High Intensity Mixed-Use with outdoor sales and storage of masonry/paving materials, fencing, plants/landscaping, tool sheds, lawn equipment, and outdoor furniture permitted for both large retail developments. No deliveries by semi-trucks between 10 PM and 7 AM, Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of City of Fort Worth Planning Department, Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055 be continued until April 13, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 25 of 31 SP-04-009 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Wal-Mart Stores Texas, LP, Inc. for a site plan of property located in the 1000 block of North Beach Street for fueling station, Zoning Docket No. SP-04-009, be approved. The motion carried unanimously. ZC-03-034 Mr. John Garfield, representing the Development Department, Continued Until appeared before Council and stated he had received a petition April 6, 2004 with over 200 signatures. He requested Council continue this case for one week to allow time to have the petition verified. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He stated that two-thirds of the property would consist of single-family housing and the last third would be multi-family, cutting the density in half. He urged Council to approve the zoning request. Michael Mallick Mr. Michael Mallick, 3715 Camp Bowie, appeared before Council in support of the zoning change. Glenn Forbes Mr. Glenn S. Forbes, 1150 South Freeway, representing Southeast Fort Worth, Inc., appeared before Council in support of the zoning change. Mr. Garfield advised Council that a majority vote would be required to approve the zoning change. Kenneth Spears Pastor Kenneth Spears, 2401 E. Berry, appeared before Council in opposition of the zoning change. He stated that his opposition was only relative to the multi-family development at the location. He added that developed was needed, but single-family housing, not multi-family. Carl Pointer Reverend Carl Pointer, 2532 Timberline Drive, representing the Glencrest Civic League, appeared before Council in opposition of the zoning change. He stated that although elimination of the old Riverside housing was good, a development of small homes and tax credit apartments was not good for the community. Elias Young Mr. Elias Carl Young, 4309 Stardust Drive, appeared before Council in opposition of the zoning change. He requested Council reject the multi-family development. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 26 of 31 After a lengthy conversation amongst Council Members, City representatives, and the applicant, Council Member Davis made a motion, seconded by Council Member Moss, that the application of Arne M. Ray, Trustee for a change in zoning of property located at 3058 and 2850 Yuma Street and 1300 Glen Garden Drive from "PD-307" Planned Development/Specific Use for multifamily and commercial mixed-use to "PD/SU" Planned Development/Specific Use for one-family residential development at 7 units per acre and multifamily development at 18 units per acre and site plan required, Zoning Docket No. ZC-03-034, be continued for two weeks. The motion carried unanimously. ZC-04-040 Council Member Moss made a motion, seconded by Council SP-04-011 Member Lane, that the application of City of Fort Worth Continued for Environmental Management Department for a change in zoning of Two Weeks property located at 5100 Martin Luther King Freeway from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for citizen drop off station for collection of large non-hazardous household waste, Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011, be approved. Council Member Silcox made a substitute motion, seconded by Council Member Davis, that the application of City of Fort Worth Environmental Management Department for a change in zoning of property located at 5100 Martin Luther King Freeway from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for citizen drop off station for collection of large non-hazardous household waste, Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011, be continued for two weeks. The motion carried unanimously. ZC-04-057 It appeared that the City Council set today as the date for a Ord. #15927 hearing for Zoning Docket No. ZC-04-057, Text Amendment Text Amendment concerning regulation of carports and porte cocheres. Mayor Pro Approved tempore McCloud asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed, Zoning Docket No. ZC-04-057 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 27 of 31 ORDINANCE NO. 15927 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 5.301 OF CHAPTER 5, ARTICLE 3, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR CARPORTS AND PORTE COCHERES LOCATED IN THE REAR AND SIDE YARDS OF ONE- FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS IN CERTAIN ONE-FAMILY RESIDENTIAL DISTRICTS AND TO ALLOW CARPORTS AND PORTE COCHERES IN THE MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD OR PROJECTED FRONT YARD OF ONE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS BY SPECIAL EXCEPTION; TO AMEND THE TABLE COMMENTARY IN SUBSECTION C "PROPERTY DEVELOPMENT STANDARDS" FOR ALL RESIDENTIAL DISTRICTS; TO AMEND SECTION 5.300B TO DELETE THE REFERENCE TO CARPORTS; TO AMEND CHAPTER 4, ARTICLE 7 "RESIDENTIAL DISTRICT USE TABLE" TO ADD REFERENCES TO SIDE REAR AND FRONT YARD CARPORTS AND PORTE COCHERES UNDER THE HEADING "ACCESSORY USES", TO REFERENCE THE SUPPLEMENTAL STANDARDS IN CHAPTER 5, ARTICLE 3, AND TO INDICATE WHEN A SPECIAL EXCEPTION IS REQUIRED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-050 Mr. John Garfield, representing the Development Department, SP-04-013 stated that a request had been received by applicant to withdraw Denied Without this case from consideration without prejudice. Prejudice Council Member Davis made a motion, seconded by Council Member Silcox, that the application of Trinity Park, Inc. for a change in zoning of property located at 1026 Stayton Drive from "MU-2" High Intensity Mixed-Use to "PD/MU-2" Planned Development for all uses in "MU-2" High Intensity Mixed-Use plus hotel, Zoning Docket No. ZC-04-050 and SP-04-013, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 28 of 31 Citizen Mr. Ken Noveroske, 3232 Townsend Drive, appeared before Presentations Council relative to the service he received from the City's cable TV Ken Noveroske provider. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:28 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9, of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: (a) Fort Worth and Western Railroad v. City of Fort Worth, Cause No. 4:03-CV-319-Y (U.S. District Court, Northern District of Texas); (b) Alicia Thomas et al v. Curtis Mason, City of Fort Worth, Webber Garden Apartments, et al., Cause No. 67-196198-02; (c) Annie Moody v. Clarence Jordan and City of Fort Worth, Cause No. 02-7931-3; (d) Restaurant Associates, Inc. v. Board of Adjustment and City of Fort Worth, Cause No. 4:02-CV-328-Y (U.S. Court of Appeals, 5t" Circuit, No. 03-10337); (e) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; (f) Legal issues concerning the regulation of sexually oriented businesses; (g) Legal issues concerning the Lost Creek Ranch subdivision; (h) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease or value to real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with third party; and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 29 of 31 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate personnel matters in accordance with Section 551.074 of the Texas Government Code in connection with the appointment or reappointment of the following individuals as Municipal Court Judges or Judges Pro Tem: (a) Municipal Court Judges: Gabriella K. Bendslev, Robb D. Catalano, Simon C. Gonzalez, Alicia R. Johnson, Sharon Newman-Stanfield, James D. Rodgers, Jo Ann Reyes, Brian W. Salvant, Deputy Chief Judge Steven C. Williamson, and Chief Judge Ninfa L. Mares. (b) Municipal Court Pro Tern Judges: Stephanie J. Beamer, Charles F. Berger, Ann Y. Collins, Faye R. Harden, Nelda F. Harris, Ronald L. Herrington, Carla G. Kelman, Nancy A. Magee, Nemuel E. Pettie, Patricia L. Summers, and Edward B. Valverde. Reconvened The City Council reconvened into regular session at 2:13 p.m. G-14310 There was presented Mayor and Council Communication No. G- Ord. #15928 14310 from the City Manager recommending that the City Council Appointing adopt Ordinance No. 15928 appointing Ninfa L. Mares, Steven C. Municipal Judges Williamson, Sharon Newman-Stanfield, James D. Rodgers, Jo Ann for a Two Year Reyes, Alicia R. Johnson, Robb D. Catalano, Gabriella K. Term & Bendslev, Simon C. Gonzalez, Brain W. Salvant and Stephanie J. Designation of Beamer as Municipal Judges for a two year term commencing Chief Judge & April 1, 2004 and ending March 31, 2006 or until a successor is Deputy Judge qualified and appointed in accordance with state law; designating Ninfa Mares as Chief Judge and Steven Williamson as Deputy Chief Judge. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 30 of 31 G-14311 There was presented Mayor and Council Communication No. G- Ord. #15929 14311 from the City Manager recommending that the City Council Reappoint & adopt Ordinance No. 15929 reappointing Charles F. Berger, Ann Y. Appoint Collins, Faye R. Harden, Nemuel E. Pettie, Ronald L. Herrington, Substitute Patricia L. Summers, Nelda F. Harris, Carla G. Kelman, Nancy A. Municipal Judges Magee and Edward B. Valverde and appointing Mary S. O'Reilly, for a One-Year Andrew T. Bradshaw and Nancy E. Strickland as substitute Term Municipal Judges for a one year term commencing April 1, 2004 and ending March 31, 2005 or until a successor is qualified and appointed in accordance with state law. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. City Council There was presented City Council Public Safety Committee Public Safety Recommendation No. 68 establishing raises for Municipal Judges Committee and Pro Tern Judges. Recommendation No. 68 Council Member Lane made a motion, seconded by Council Member Silcox, that City Council Public Safety Committee Recommendation No. 68 be adopted. Council Member Haskin made a substitute motion, seconded by Council Member Davis, that the salary of Judge Brian W. Salvant remain at the current level until a six month reevaluation was conducted. At that time, if his performance were commensurate with the other judges, his salary would be retroactive to the previous six-month period. The motion failed by the following vote: AYES: Council Members Haskin, Stevenson, and Davis NOES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, and Picht ABSENT: Mayor Moncrief The original motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, and Picht NOES: Council Members Haskin, Stevenson, and Davis ABSENT: Mayor Moncrief CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 23, 2004 PAGE 31 of 31 Adjournment There being no further business, the meeting was adjourned at 2:25 p.m. &ell= ' CITY SECRETARY MAY 'R —