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HomeMy WebLinkAbout2007/11/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member 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 7:05 p.m. on Tuesday, November 6, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Pastor Darwin Jordan, Fort Worth Presbyterian Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Espino, Approval of the minutes of the regular meeting of October 30, 2007, were approved unanimously Minutes nine (9) ayes to zero (0) nays. Agenda Item V Salvation Army Major Mark Brown presented the Kick Off of the Annual Salvation Special Army Red Kettle Campaign. Mayor Moncrief placed the first donation from Fort Presentations Worth in the kettle and in response to his invitation to participate in the kickoff, other Council Members and members of the audience also contributed to the kickoff campaign. Mayor Pro tem Hicks presented a Certificates of Recognition to former Board and Commission members as follows: Mr. Lee Echols, Parks and Community Services Advisory Board, February 25, 2003, through August 28, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 2 of 34 Ms. Jennifer Harnish, Park and Community Services Advisory Board, December 7, 1999, through August 28, 2007. Ms. Eva Bonilla, Art Commission, February 25, 2003, through August 28, 2007. Ms. Wini L. Klein, Historic and Cultural Landmarks Commission, August 29, 2000, through October 9, 2007. City Secretary Hendrix stated that the following individuals could not attend the Council meeting to receive their certificates: Ms. Elizabeth Washington, Community Development Council, July 22, 2003, through September 25 2007. Mr. Ben D. Loughry, Aviation Advisory Board, June 3, 2003, through October 1, 2007. Ms. Melissa Young, Civil Service Commission, October 30, 2004, through September 30, 2007. Ms. Jeanette Rincon, Fort Worth Human Relations Commission, February 11, 2003, through October 1, 2007. Mr. Jon Wise, Scenic Preservation and Design Review Commission, July 5, 2005, through September 4, 2007. Mr. Daniel Hernandez, Scenic Preservation and Design Review Commission, October 8, 2002, through September 25, 2007. Mr. Don E. Guy, Construction and Fire Prevention Board of Appeals, November 1, 2005, through October 1, 2007. Mr. Craig Harbuck, Housing Authority of the City of Fort Worth, February 24, 2004, through September 25, 2007. Mr. John Hughes, Board of Adjustment - Commercial, June 20, 2006, through October 9, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 3 of 34 Agenda Item VI Council Member Silcox referred to an article in the Fort Worth Star Telegram Main Announcements Street section entitled "Caught Speeding? This Site's for You". He stated that the article referred to a blog that people could participate to vent their frustration about speeding tickets and also how to protest a speed trap. He advised that citizens just needed to stay within the speed limit to avoid being caught speeding. He also announced that on November 3, 2007, the first annual K-9 Support Group Fund for the Fort Worth Police Department was held to try and raise money for the care of retired Police dogs. He asked Police Officer Brad Thompson to provide information on the fund. Police Officer Brad Thompson, K-9 Unit Trainer, advised the Council that the goal of the organization's fund was to pay for the feeding, training, equipment and veterinarian costs for retired canines. He added anyone interested in donating to the fund could make checks payable to the "Fort Worth Police Department K-9 Support". Council Member Silcox donated a check for $250.00 for the fund. Council Member Moss congratulated the Fort Worth Health Department for conducting the very successful Second Annual Fit Future Kids Fest on November 3, 2007. He stated that there were many events for children and parents and that it was an incredible experience. He also announced that the first development in the Arlington Lake redevelopment plan would take place November 14, 2007. He invited the Council and general public to join him, the Mayor and the Fort Worth Black Chamber of Commerce at the formal ribbon cutting ceremony for Waterfront at Enchanted Bay at 10:00 a.m. He provided directions to the development and encouraged everyone to attend. Council Member Scarth announced that the Woodhaven Town Hall meeting would be held on November 20, 2007, at 7:00 p.m. He stated that topics of discussion would be the eminent demolition of the apartments in Woodhaven, issues regarding Neighborhood Policing District No. 4 and some redevelopment efforts. Council Member Jordan expressed appreciation to Greg Simmons, Transportation and Public Works Department, and his staff for their efforts to go above and beyond in treating some issues for District 6 residents. He also expressed appreciation to the District 6 Neighborhood Patrol Officers for their work. He announced that the District 6 Citizens Committee on the Southwest Community Park would conduct a meeting to hear public input on community needs for a park and natatorium on November 8, 2007, and on November 13, 2007, at 7:00 p.m. at North Crowley High School. He added it would be a joint meeting between the City of Fort Worth Parks and Community Services Department, Crowley Independent School District and the citizens committee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 4 of 34 Mayor Pro tem Hicks expressed appreciation to Mayor Moncrief and City Manager Boswell for attending the 3rd Annual District 8 Town Hall meeting on November 3, 2007. She announced that the Spinks Fall Fly-in at Spinks Airport would be held on November 10, 2007, from 8:00 a.m. to 2:00 p.m.; that the second meeting of the Cobb Park Master Plan would be held on November 12, 2007, at 6:00 p.m. to 7:30 p.m. at the Sycamore Community Center; and that a public meeting for the expansion of East Rosedale Street improvements would be held November 26, 2007, from 6:00 p.m. to 7:00 p.m. at the Southside Community Center. Council Member Davis congratulated Cenikor for celebrating their 40th anniversary. She explained that the company provided an invaluable service to those individuals addicted to drugs or alcohol, by having them complete a two-year treatment program. She added that during that two year program, the participants had to maintain sobriety and were paired with working opportunities that allowed them to save enough money to live for six months, have a full-time job, an automobile and the ability to sustain themselves. She pointed out that Cenikor was able to provide this opportunity through donations and encouraged everyone to donate to Cenikor to continue this program. Council Member Espino expressed appreciation to the Texas Motor Speedway and NASCAR families for an outstanding race weekend last weekend. He acknowledged Bank of America for their continued community support efforts. He pointed out that on November 1, 2007, they honored student leaders and neighborhood heroes and they awarded two neighborhood excellence awards. He added that recipients of the Neighborhood Excellence awards were Boys and Girls Club of Fort Worth and Cancer Care Center of Fort Worth who each received $200,000.00 for their non-profit activities. Council Member Burdette encouraged everyone to attend the races at the Texas Motor Speedway at least one time. He stated that it was a great experience to observe all facets of the various races. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. P- Withdrawn from 10676 be withdrawn from the Consent Agenda. Consent Agenda Agenda Item City Manager Boswell requested that Mayor and Council Communication No. G- VIII 15945 be continued until the November 27, 2007, Council meeting. Continued/ Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 5 of 34 Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Jordan, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1634 M&C OCS-1634 - from the Office of the City Secretary recommending that the City Claims Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15953 M&C G-15953 - Approving a six-month extension of injury leave-of-absence pay Extend Injury benefits for Firefighter William Thompson beginning November 10, 2007, through Leave-of- May 10, 2008. Absence Pay Benefits for Firefighter William Thompson G-15954 M&C G-15954 - Authorizing the City Manager to approve use of $300,000.00 of Reallocate Community Development Block Grant (CDBG) Year XXXI Unprogrammed Funds CDBG Year for street maintenance and approve reallocation to the Street Maintenance Program. XXXI Unprogrammed Funds to Street Maintenance Program G-15955 M&C G-15955 - Authorizing the temporary closure of Barden Street from West 6th Temporary Street to West 7th Street from October 29, 2007, until January 19, 2009, to facilitate Closure of the construction of One Museum Place. Barden Street G-15956 M&C G-15956 - Authorizing the temporary closure of a portion of Macie Avenue Temporary between Angle Avenue and Sansom Park Drive and a portion of Sansom Park Drive Closure of Macie between Angle Avenue and Rock Island Drive, from November 1, 2007, until March Avenue 1, 2008, for upgrades to the low water crossings on these streets. G-15957 M&C G-15957 - Adopting Appropriation Ordinance No. 17859-11-2007 increasing Ord. No. 17859- estimated receipts and appropriations in the Special Trust Fund in the amount of 11-2007 $25,000.00 from available funds for the purpose of funding improvements of Contractual concession operations, purchases of improvements or equipment and advertising, Payment for marketing and promotion of usage of City of Fort Worth Public Events facilities; Public Events and authorizing the use of these funds in accordance with the City's purchasing and Department Special Trust expenditure guidelines. Fund CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 6 of 34 G-15958 M&C G-15958 - Approving the transfer of$350,000.00 in undesignated funds in the Ord. No. 17860- Environmental Management Operating Fund (R103) to the Environmental 11-2007 Management Project Fund (R101); and adopting Appropriation Ordinance No. Transfer Funds 17860-11-2007 increasing estimated receipts and appropriations in the for FY 2007-2008 Environmental Management Project Fund in the amount of $350,000.00 from for Contract available funds, for the purpose of funding an Environmental and Engineering al with Renewal n Consulting Services Contract Renewal with Enercon Services, Inc. (City Secretary Services, Inc. Contract No. 34179). P-10675 M&C P-10675 - Authorizing primary and secondary purchase agreements for Directional directional boring services with C & C Directional Boring and Atlantis Boring Services Underground, respectively, for the Transportation and Public Works Department; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program Participation". P-10677 M&C P-10677 - Authorizing a purchase agreement for roofing material with Shelter Roofing Material Distribution for the City of Fort Worth based on sole bid received; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation". P-10678 M&C P-10678 - Authorizing a sole source purchase of the Jurisdictional Enhanced Jurisdictional Incident Management Unified Command Course from Texas Engineering Extension Enhanced Service for the City of Fort Worth Emergency Operations Center User's Group. Incident Management Unified Command Course P-10679 M&C P-10679 - Authorizing a purchase agreement for reinforced concrete pipe Reinforce through Tarrant County Cooperative contract with Hanson Pipe and Products, Inc., Concrete Pipe for the City of Fort Worth. L-14417 M&C L-14417 - Approving the acquisition of property described as the west 30 feet Acquire Property of Lot 5 and the east 10 feet of Lot 6, and the west 20 feet of Lot 4 and the east 20 for Relocation of feet of Lot 5, Zurn Subdivision of the Evans South Addition, located at 816 and 820 Fire Station No. 5 Irma Street, from Mellinese Lillie, Mary Jean Lillie, Phillis Deliese Lillie, and Mellinese Nicole Lillie King, located in south Fort Worth for the relocation of Fire Station No. 5; finding that the price offered in the amount of $40,000.00, plus an estimated closing cost of $2,500.00, is just compensation; and authorizing the execution and recording of appropriate instruments (DOE 5485). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 7 of 34 L-14418 M&C L-14418 - Authorizing the direct sale of a tax-foreclosed parcel described as Sale of Tax Lot 7, Block A, Kaywood Heights Addition, located at 4520 Miller Avenue in Foreclosed accordance with Section 34.05 of the Texas State Property Tax Code to Rbrown Property Construction, LLC, in the amount of$14,582.57; and authorizing the City Manager to execute and record the appropriate instruments (DOE 920) conveying the properties to complete the sale. L-14419 M&C L-14419 - Authorizing the payment of$110,000.00 to Mount Gilead Baptist Acquire Property Church to acquire real property described as Parcel 4, Abstract No. 1413, Tract IA for Detention and 4A, Alfred Stinson Survey, Tarrant County, Texas, located at 3000 Mississippi Pond for Avenue in south Fort Worth (DOE 4737) for a detention pond for Morningside Morningside Neighborhood Drainage Improvement project and estimated closing costs of Neighborhood Drainage $3,000.00; and authorizing the appropriate City representatives to execute the Improvement documents necessary to complete the purchase of the property. Project C-22498 M&C C-22498 - Authorizing the City Manager to execute a contract for Microsoft SHI Government licenses from SHI-Government Solutions, Inc., using a State of Texas Department of Solutions, Inc. Information Resources (DIR-SDD-198) contract for the Information Technology Solutions Department at an estimated cost of$159,800.00 per year. C-22499 M&C C-22499 - Authorizing a License Agreement for P-Synch software user M-Tech licenses, maintenance, training and professional services with M-Tech Information Information Technology, Inc., for the Information Technology Solutions Department using Technology, Inc. General Administration Contract GS-35F-0265L at an estimated cost of$36,800.00. C-22500 M&C C-22500 - Authorizing the City Manager to execute a contract for elevator ThyssenKrupp and escalator maintenance, testing, and repairs with ThyssenKrupp Elevator Elevator Corporation through The Cooperative Purchasing Network for the City of Fort Corporation Worth. C-22501 M&C C-22501 - Authorizing the City Manager to execute a professional services Ord. No. 17861- agreement with Weaver and Tidwell, LLP, to provide financial services towards the 11-2007 completion of the 2006 and 2007 Comprehensive Annual Financial Report for the Weaver and period November 5, 2007, through January 18, 2008, for an amount not to exceed Tidwell, LLP $180,000.00; and adopting Supplemental Appropriation Ordinance No. 17861-11- 2007 increasing appropriations in the General Fund in the amount of $180,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the purpose of executing a professional services agreement with Weaver and Tidwell, LLP, for assistance with decreasing the timeline to complete the 2006 and 2007 Comprehensive Annual Financial Reports. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 8 of 34 C-22502 M&C C-22502 - Authorizing the City Manager to execute a contract with Dirtco Dirtco d/b/a d/b/a Styles Contracting, in the amount of$1,103,752.92 for 160 working days for Styles HMAC Surface Overlay 2007-2 Re-Bid at various locations (City Project No. Contracting 00663). C-22503 M&C C-22503 - Authorizing the City Manager to execute a work order with job Alpha Building order contractor, Alpha Building Corporation, in an amount not-to-exceed Corporation $31,914.00, to replace the ceiling tiles and insulation, paint the ceiling grid system, paint the supply and return diffusers for the Heating, Ventilation and Air Conditioning system and provide the required scaffolding in the West Arena of the Richardson/Bass Building at Will Rogers Memorial Center. C-22504 M&C C-22504 - Authorizing the City Manager to execute a Municipal Maintenance Texas Agreement with the Texas Department of Transportation for the maintenance of Department of certain streets and highways in the City of Fort Worth. Transportation C-22505 M&C C-22505 - Authorizing the execution of Change Order No. 1 to City Secretary Change Order Contract No. 35666 with Stabile & Winn, Inc., for pavement reconstruction and No. 1 to CSC No. water and sanitary sewer replacements on Provine Street, Norma Street and Morris 35666- Stabile & Court (Project No. 00170), in the amount of $44,538.00 revising the total cost to Winn, Inc. $1,306,502.08. C-22506 M&C C-22506 - Authorizing the City Manager to execute amendments to City Amend CSC Nos. Secretary Contract Nos. 28047 and 28048 with the U.S. Department of Justice, Drug 28047 and 28048 Enforcement Agency (DEA) Multi-Agency and DEA Dallas/Fort Worth Airport - U.S. Task Forces for FY 2007-2008; and authorizing the amendments to the agreements Department of to begin September 30, 2007, and expire September 30, 2008. Justice, Drug Enforcement Agency C-22507 M&C C-22507 - Authorizing the City Manager to apply for and accept, if awarded, Ord. No. 17862- the Project Safe Neighborhood/Anti-Gang Initiative Funds from the North Texas 11-2007 Crime Commission in the amount of$215,000.00; authorizing the City Manager to North Texas enter into contracts with the North Texas Crime Commission for implementation of Crime each of the four grant funded projects; and adopting Appropriation Ordinance No. Commission 17862-11-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $215,000.00 subject to receipt of the Project Safe Neighborhood/Anti-Gang Initiative Funds from the North Texas Crime Commission for the purpose of funding the reduction of violent gang crime. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 9 of 34 C-22508 M&C C-22508 - Authorizing the City Manager to execute an interlocal agreement North Central with the North Central Texas Council of Governments (NCTCOG) for the period of Texas Council of October 1, 2007, through September 30, 2012; and authorizing the City Manager to Governments execute an authorization letter with the NCTCOG which sets the City's annual cost share of NCTCOG's administrative and implementation assistance for the regional storm water management program at $18,454.00 during FY 2007-2008. C-22509 M&C C-22509 - Authorizing the City Manager to execute Amendment No. 4 to City Amendment No. Secretary Contract No. 20283 with Renda Environmental, Inc., to include Turbine 4 to CSC No. Rebuild in the Long-Term Solids Dewatering, Processing and Disposal at the 20283 - Renda Village Creek Wastewater Treatment Plant thereby increasing the contract by Environmental, $955,000.00. Inc. C-22510 M&C C-22510 - Authorizing the City Manager to execute a professional services Freese and agreement with Freese and Nichols, Inc., in the amount of$348,501.00 for the final Nichols, Inc. design and preparation of construction documents for the Lancaster Pedestrian Bridge. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution appointing four (4) persons to the Board of Presentations by Directors of the Fort Worth Sports Authority, Inc., effective November 6, 2007, and City Council with terms expiring February 11, 2009, as follows: Appointments Sal Espino City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Allan Howeth Cantey Hanger, LLP Burnett Plaza, Suite 2100 801 Cherry Street, Unit#2 Fort Worth, TX 76102 Tom Higgins City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Larry Lauer Texas Christian University 2800 South University Drive Fort Worth, TX 76129 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 10 of 34 The following persons shall continue to serve as Directors for the remainder of their terms expiring February 13, 2008: Carter Burdette City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Donna Parker Carter& Burgess, Inc. 777 Main Street Fort Worth, TX 76102 Jesse Gaines West Texas Legal Services 600 E. Weatherford Fort Worth, TX 76102 Council Member Burdette made a motion, seconded by Council Member Jordan, that Resolution No. 3550-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Davis, that the following appointments and reappointments to various boards/ commissions/committees be accepted as recommended by the Legislative and Intergovernmental Affairs Committee, effective November 6, 2007, and with terms expiring as reflected: Name/Entity Action Expiration Animal Shelter Advisory Committee Place 1 Beverly Sims (Citizen) Reappointment October 1, 2009 Place 7 Margaret Thomas (Humane Society) Reappointment October 1, 2009 Downtown Design Review Board Place 1 J.D. Granger(Business Owner) Reappointment October 1, 2009 Place 3 William Boecker(Real Estate) Reappointment October 1, 2009 Place 5 Kenneth Moczulski (Real Estate) Reappointment October 1, 2009 Fort Worth Commission for Women Place 10 Zem Neill(Camp Fire) Appointment October 1, 2008 Place 11 Kathy Lanier(Harris Methodist) Reappointment October 1, 2008 Place 12 Marcy Paul (TCU/Institute on Reappointment October 1, 2008 Women Gender) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 11 of 34 Place 13 Joy Thomas (Delta Sigma Theta) Reappointment October 1, 2008 Place 14 Elisa Naj era(Hispanic Women's Reappointment October 1, 2008 Network) Place 15 Emelia Hoefle (American Appointment October 1, 2008 Association of University Women) Place 16 Treisha Light(TCC—Women in Reappointment October 1, 2008 New Roles) Place 17 Patricia Thomson(Circle T Girl Appointment October 1, 2008 Scouts) Place 18 Shari Macioch(Business & Reappointment October 1, 2008 Professional Women) Place 19 Monica Prather(Women's Policy Appointment October 1, 2008 Forum) The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions and/or Committee City Council Committees. Presentations Agenda Item XIII There was presented a resolution of the City Council of the City of Fort Worth, Res.No.3547-11- Texas, respectfully requesting Governor Perry call the Special Run-Off Election 2007 date, if necessary, for the State Representative District 97 race for Tuesday, Request Governor December 11, 2007. Perry Call Special Run-Off Election Date for State Council Member Jordan made a motion, seconded by Council Member Davis, that Representative Resolution No. 3547-11-2007 be adopted. The motion carried unanimously nine (9) District 97 Race ayes to zero (0) nays. for Tuesday, December 11, 2007 Res. No. 3548-11- There was presented a resolution in opposition to the proposed regulations allowing 2007 electronic billboards. Oppose Proposed Regulations Council Member Davis made a motion, seconded by Council Member Espino, that Allowing Resolution No. 3548-11-2007 be adopted. The motion carried unanimously nine (9) Electronic ayes to zero (0) nays. Handbills CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 12 of 34 Res. No. 3549-11- There was presented a resolution casting the City of Fort Worth's 20 allotted votes 2007 for candidate Steve Mossman to the Board of Denton Central Appraisal District. Cast Allotted Votes for Steve Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mossman to Resolution No. 3549-11-2007 be adopted. The motion carried unanimously nine (9) Board of Denton ayes to zero (0) nays. Central Appraisal District AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15945 It was the consensus of the City Council that Mayor and Council Communication Temporary No. G-15945, dated October 30, 2007, Authorize Temporary Closure of Main Street Closure of Main from 3rd Street through 9th Street and 4th Street through 9th Street from Houston Street for Gran Street to Commerce Street During Specified Times Beginning Thursday, July 24, Fiesta de Fort Worth Festival- 2008, until Monday, July 28, 2008, for the Gran Fiesta de Fort Worth, be continued Continued Until until the November 27, 2007, Council meeting. November 27, 2007 G-15959 There was presented Mayor and Council Communication No. G-15959 from the Initiate Rezoning City Manager recommending that the City Council authorize the City Manager to of Properties in initiate certain zoning changes for the Oakhurst Neighborhood from "A-7.5" One Oakhurst Family, "A-7.5/HC" One Family/Historic and Cultural Overlay, and "A-5" One Neighborhood in Family to "A-43" One Family, "A-21" One Family, "A-10" One Family, "A-10/HC" Accordance with One Family/Historic and Cultural Overlay, and "A-7.5" One Family, in accordance 2007 Comprehensive with the 2007 Comprehensive Plan. Plan Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15959 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15960 There was presented Mayor and Council Communication No. G-15960 from the Initiate Rezoning City Manager recommending that the City Council authorize the City Manager to in Overton initiate certain zoning changes for the Overton Woods Neighborhood from "A-5" Woods One Family and `B" Two Family to "A-10" One Family, in accordance with the Neighborhood in 2007 Comprehensive Plan. Accordance with 2007 Comprehensive Council Member Silcox made a motion, seconded by Council Member Davis, that Plan Mayor and Council Communication No. G-15960 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 13 of 34 G-15961 There was presented Mayor and Council Communication No. G-15961 from the Initiate Rezoning City Manager recommending that the City Council authorize the City Manager to in Ridglea Hills initiate certain zoning changes for the Ridglea Hills Neighborhood from "A-5" One Neighborhood in Family to "A-21" One Family and "A-10" One Family, in accordance with the 2007 Accordance with Comprehensive Plan. 2007 Comprehensive Plan Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15961 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15962 There was presented Mayor and Council Communication No. G-15962 from the Initiate Rezoning City Manager recommending that the City Council authorize the City Manager to in White Lake initiate certain zoning changes for the White Lake Hills Neighborhood from "A-10" Hills One Family, "A-5" One Family and "C" Medium Density Multifamily to "A-21" Neighborhood in One Family, "A-10" One Family and "A-7.5" One Family, in accordance with the Accordance with 2007 Comprehensive Plan. 2007 Comprehensive Plan Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15962 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15963 There was presented Mayor and Council Communication No. G-15963 from the Ord. No. 17863- City Manager recommending that the City Council adopt an appropriation ordinance 11-2007 increasing estimated receipts and appropriations in the Specially Funded Capital Ord. No. 17864- Projects Fund in the amount of$400,000.00 from available funds for the purpose of 11-2007 transferring said funds to the CO Special Project Fund; authorize the transfer of Res. No. 3551-11- $400,000.00 from the Specially Funded Capital Projects Fund to the CO Special 2007 Project Fund; adopt an appropriation ordinance increasing estimated receipts and Provide Additional Funds appropriations in the CO Special Project Fund in the amount of $400,000.00 from for Public Health available funds for the purpose of providing additional funds for the new Public Center Project Health Center; and adopt a reimbursement resolution statement expressing official intent that the City expects to issue Certificates of Obligation for the purpose to reimburse costs of the new Public Health Center. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15963 be approved and Appropriation Ordinance Nos. 17863-11-2007 and 17864-11-2007 and Resolution No. 3551-11- 2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 14 of 34 G-15964 There was presented Mayor and Council Communication No. G-15964 from the Ord. No. 17865- City Manager recommending that the City Council: 11-2007 Ord. No. 17866- 1. Authorize the City Manager to execute an Interlocal Agreement with the 11-2007 Tarrant Regional Water District for the provision of recreation enhancements Recreational to Cobb Park as part of the Trinity River Vision - Neighborhood and Improvements to Cobb Park as Recreation Enhancement Plan; Part of Trinity River Vision- 2. Authorize the City Manager to accept a grant from the Tarrant Regional Neighborhood Water District in the amount up to $1,000,000.00 for recreation and Recreation improvements to Cobb Park as part of the Trinity River Vision - Enhancement Neighborhood and Recreation Enhancement Plan; Plan and Except Existing 3. Authorize an exception to the existing moratorium on gas well revenue Moratorium on expenditures to fund the City's match of$1,000,000.00 for this project; Gas Well Revenue 4. Adopt an appropriation ordinance increasing estimated receipts and Expenditures appropriations in the Park Gas Lease Projects Fund in the amount of $1,000,000.00 from Gas Well Royalty Revenues for the purpose of transferring said funds to the Grants Fund; 5. Approve the transfer of $1,000,000.00 from the Park Gas Lease Projects Fund to the Grants Fund for the City's match of the project; and 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,000,000.00 from available funds for the purpose of funding the development of Cobb Park. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15964 be approved with appreciation and Appropriation Ordinance Nos. 17865-11-2007 and 17866-11-2007 be 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 adopt G-15965 an ordinance amending Chapter 22 "Motor Vehicles and Traffic" of the City Code to Ord. No. 17867- add additional regulations for the stopping, standing and parking of oversized 11-2007 commercial vehicles, large recreational vehicles and oversized recreational vehicles. Amend Chapter Mayor Moncrief opened the public hearing and asked if there was anyone present 22,Article I and desiring to be heard. Article IV of the City Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 15 of 34 Mr. Matthew Wallis, Assistant City Attorney, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15965, as follows: There was presented Mayor and Council Communication No. G-15965 from the City Manager recommending that the City Council adopt an ordinance amending Chapter Twenty-Two "Motor Vehicles and Traffic", of the Code of the City of Fort Worth, by amending Article I "In General" to add new definitions for oversized commercial, large recreational and oversized recreational vehicles; and by amending Article IV"Stopping, Standing and Parking" to revise the regulations for the parking of certain large and oversized vehicles on public streets and adding the parking of certain large and oversized vehicles on public streets to the list of violations for which towing is authorized. 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 Silcox, that the public hearing be closed, Mayor and Council Communication No. G- 15965 be approved and Ordinance No. 17867-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10676 There was presented Mayor and Council Communication No. P-10676 from the City Ord. No. 17868- Manager recommending that the City Council authorize purchases from ECI Video, 11-2007 Videotex Systems, Inc., Washington Professional Systems, Accent Audio/Visual, Audio/Visual Inc., Ford Audio Visual and Kennedy's Eng., Inc., for audio/visual equipment for Equipment the Cable Office totaling $212,876.62; authorizing the casting of lots as required by Local Government Code 271.901 to select from two identical bids for Item Number 13; authorizing the City Manager to accept revenue of $990,377.00 from state franchised cable/video providers to utilize for equipment capital purchases for the Cable Communications Office; and adopt Appropriation Ordinance No. 17868-11- 2007 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $990,377.00 from available funds for the purpose of funding the purchase of audio/visual equipment for the Cable Office. City Manager Boswell stated that there was a tie bid for Item Number 13 on the equipment list being JVC AB-FSKIT2 and therefore Jack Dale, Purchasing Manager, would conduct a drawing for the casting lots to determine which company would be awarded the bid for that item. Lena Ellis, Finance Director, drew the winning lot resulting in the bid being awarded to ECI Video. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 16 of 34 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-10676 be approved including the award for Item Number 13 to ECI Video and Appropriation Ordinance No. 17868-11-2007 be 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 adopt PZ-2756 an ordinance changing the name of a portion of North Riverside Drive to Mercantile Ord. No. 17869- Drive, located adjacent to Block 6, Northern Cross Addition, Fort Worth, Texas. 11-2007 Mayor Moncrief opened the public hearing and asked if there was anyone present Change Name of desiring to be heard. Portion of North Riverside Drive to Mercantile Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared Drive before Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2756, as follows: There was presented Mayor and Council Communication No. PZ-2756 from the City Manager recommending that the City Council adopt an ordinance changing the name of a portion of "North Riverside Drive" to "Mercantile Drive", located adjacent to Block 6, Northern Cross Addition, from the northern property line of Lot 4, Block 5, Mercantile Center Addition to its intersection with Northern Cross Boulevard; making this ordinance cumulative of all other ordinances affecting street names; repealing all ordinances in conflict herewith. There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. PZ-2756 be approved and Ordinance No. 17869-11-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox left his place at the dais.) C-22511 There was presented Mayor and Council Communication No. C-22511 from the City Jose Luis Nunez Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Jose Luis Nunez, are true and correct; and authorize the City Manager to enter into a five-year residential Tax Abatement Agreement with Jose Luis Nunez, for the property located at 1316 East Magnolia Avenue in the Evans and Rosedale Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22511 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 17 of 34 C-22512 There was presented Mayor and Council Communication No. C-22512 from the City A. Glen Mace Manager recommending that the City Council find that the statement set forth in the and Ricci N. recitals of the Tax Abatement Agreement with A. Glen Mace and Ricci N. Mace are Mace true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with A. Glen Mace and Ricci N. Mace for the property at 1617 Washington Avenue in the Magnolia Village Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22512 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22513 There was presented Mayor and Council Communication No. C-22513 from the City Brian Garza Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Brian Garza, are true and correct; and authorize the City Manager to enter into a five-year residential Tax Abatement Agreement with Brian Garza, for the property located at 2936 South Hills Avenue in the Berry/University Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22513 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22514 There was presented Mayor and Council Communication No. C-22514 from the City Waterview Manager recommending that the City Council authorize the City Manager to enter a Estates, L.P., and five year Tax Abatement Agreement with Waterview Estates, L.P., a Texas Limited Woodhaven Partnership, and Woodhaven Homes, L.P., a Texas Limited Partnership, located in Homes, L.P. the Lake Arlington Neighborhood Empowerment Zone; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Waterview Estates, L.P., and Woodhaven Homes, L.P., are true and correct. (Mayor Pro tem Hicks left her place at the dais.) Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22514 be approved with the following replacement of paragraph 2 in the Discussion section of the M&C: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 18 of 34 "Waterview Estates, L.P., and Woohaven Homes, L.P., will invest a minimum of $15,200,000.00 to construct 118 single-family homes in the Lake Arlington Neighborhood Empowerment Zone. In order for Woodhaven Homes, L.P., or any other developer or builder approved by the City Manager or his designee to qualify for the tax abatement, they must construct 80 percent of the homes with a minimum of 1,400 square feet of enclosed air-conditioned area with two bedrooms and 20 percent of the units with a minimum of 1,200 square feet of enclosed air-conditioned area with two bathrooms. Additionally, each residence shall have at least a two-car attached garage. All exterior construction materials shall not be less than eighty percent brick, stone or other material. (80 percent on the front of the home) All roofs shall have at least a 7:12 pitch on the main structure and on garage structures. All fences and walls shall be at least six feet in height and have a maximum height of eight feet. A more detailed description of the homes to be constructed and sample drawings is attached as Exhibit B'. The agreement is attached as Exhibit `C'." The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Silcox absent. C-22515 There was presented Mayor and Council Communication No. C-22515 from the City Krzysztof Manager recommending that the City Council authorize the City Manager to execute Gorecki the Tax Abatement Agreement with Krzysztof Gorecki for property at 5350 Altamesa Boulevard; and find that the statements set forth in the recitals of the Tax Abatement Agreement are true and correct. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22515 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Silcox absent. C-22516 There was presented Mayor and Council Communication No. C-22516 from the City El Habr Manager recommending that the City Council authorize the City Manager to execute Corporation, the Tax Abatement Agreement with El Habr Corporation, Inc., d/b/a Michel's Inc., d/b/a Tiffany Doors for property at 3030 West Pafford Street; and find that the statements Michel's Tiffany set forth in the recitals of the Tax Abatement Agreement are true and correct. Doors Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22516 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Silcox absent. (Mayor Pro tem Hicks returned to her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 19 of 34 C-22517 There was presented Mayor and Council Communication No. C-22517 from the City The Sztamenits Manager recommending that the City Council authorize the City Manager to execute Family Limited the Tax Abatement Agreement with The Sztamenits Family Limited Partnership for Partnership property at 3500 McCart; and find that the statements set forth in the recitals of the Tax Abatement Agreement with The Sztamenits Family Limited Partnership are true and correct. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22517 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22518 There was presented Mayor and Council Communication No. C-22518 from the City Ord. No. 17870- Manager recommending that the City Council authorize the transfer of 11-2007 $1,308,300.00 from the Water and Sewer Fund to the Water Capital Projects Fund; Conatser adopt an appropriation ordinance increasing estimated receipts and appropriations in Construction TX, the Water Capital Projects Fund in the amount of $1,308,300.00 from available LP funds, for the purpose of executing a contract with Conatser Construction TX, LP, for Water Main Extensions, Replacements and Relocations Contract 200613; and authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of$1,000,000.00 for Water Main Extensions, Replacements and Relocations Contract 200613. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22518 be approved and Appropriation Ordinance No. 17870-11-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item XV It appeared that the City Council set today as the date for the second public hearing Second Public for a proposed City initiated annexation of approximately 40.4 acres of land in Hearing for Tarrant County, located south of Meadowbrook Drive and west of Dottie Lynn Proposed City Parkway (AX-07-003, R.R. Ramey Survey). Mayor Moncrief opened the public Initiated hearing and asked if there was anyone present desiring to be heard. Annexation (AX-07-003,R.R. Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared Ramey Survey) before Council and gave a staff report. (Council Member Silcox returned to his place at the dais.) There being no one present desiring to be heard in connection with the second public hearing, Council Member Moss 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 20 of 34 (Mayor Pro tem Hicks and Council Member Moss left their places at the dais.) Second Public It appeared that the City Council set today as the date for the second public hearing Hearing for for a proposed City initiated annexation of approximately 27.8 acres of land in Proposed City Tarrant County, located north of Cromwell Marine Creek Road and east of Boat Initiated Club Road (AX-07-004, 6900 block of Boat Club Road). Mayor Moncrief opened Annexation the public hearing and asked if there was anyone present desiring to be heard. (AX-07-004,6900 Block of Boat Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared Club Road) before Council and gave a staff report. There being no one present desiring to be heard in connection with the second public hearing, Council Member Burdette made a motion, seconded by Council Member Silcox that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Moss absent. AGENDA ITEM XVIA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Mayor Pro tem Hicks and Council Member Moss returned to their places at the dais.) ZC-07-117 It appeared that the City Council, at its meeting of October 2, 2007, continued the SP-07-035 hearing of the application of Joseph McElroy, et al., for a change in zoning of Approved property located 5750 West Vickery Boulevard from "F" General Commercial to "PD/E" Planned Development for"E" Neighborhood Commercial, and to limit retail sales for off-premises alcohol consumption to a maximum of 5,500 square feet of the western portion of the proposed structure, and to erect a screening fence along the northern boundary of the development. The following uses are excluded: Probation Office; Golf Driving Range; Outdoor Amusement; Bowling Alley; Bar, Tavern, Cocktail Lounge, Private Club; Commercial or Business Clubs; Drive In Restaurant or Business; Indoor Recreation (pool, etc.); Massage Parlor; Hotel, Motel or Inn; Recreational Vehicle Park; Boat Rental or Sales, Convenience Store; Feed Store; Firewood Sales; Furniture Upholstery Refinishing or Sales; Gunsmith Repairs and Sales; Large Retail Store; Laundry, Dry Cleaning; Mortuary or Funeral Home; Newspaper Distribution Center; Pawn Shop; Saddle or Harness Repair or Sales; Tattoo Parlor; Automotive Repair, Paint and Body Shop; Car Wash; Gasoline Sales; Service Station; Recycling Collection Facility; Satellite Antenna; Storage or Display; Trailer, portable, sales, construction/storage; Vendor, door to door; Vendor, Food, non potential hazardous; Vendor, Transient, non potential hazardous; Vehicle, motorcycles, boats/trailer rental/sales, and with site plan required, Zoning Docket No. ZC-07-117 and Site Plan No. SP-07-035. 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 NOVEMBER 6, 2007 PAGE 21 of 34 Council Member Burdette summarized the zoning request and stated that the applicant had eliminated various uses in response to neighborhood concerns. He added that members of the nearby church had expressed concern over the remaining use of the property being a shopping center which would include an alcohol package store for off-premise consumption. He stated that he had sympathy for those who expressed concern; however, because alcohol sales were a permitted use for the current zoned property, the City was not authorized to prohibit that use. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing the applicant, Hopkins appeared before Council in support of the zoning change. He provided a brief history of the case and assured the Council that he understood the church's position on alcohol beverage sales. He advised however, that this was not a wet or dry area issue; it was a land use issue and pointed out that the applicant had restricted an additional 36 uses that were authorized by the zoning classification. Leroy Baldwin Mr. Leroy Baldwin, 2921 Lake Como Drive, President of the Lake Como Advisory Council, appeared before Council in support of the zoning change. Robert Lawson Pastor Robert N. Lawson, 6720 Trail Cliffway, representing Bethel Temple Church, appeared before Council in opposition to the zoning change. He stated that while he supported the development, he opposed the development having a package store that would sell alcohol. He expressed concerns for the neighborhood, community center and the children who walked home on Vickery being exposed to this business. Wanda Davis Ms. Wanda Young Davis, 5821 Kilpatrick Avenue, appeared before Council in opposition of the zoning change. She pointed out that although children would not be able to buy alcohol from the package store, it would not preclude someone from buying the alcohol for the children. Kristner Lawson Assistant Pastor Kristner Lawson, 1412 Burmeister Road, representing Bethel Temple Church, appeared before Council also in opposition of the development having the ability to sell alcohol. Council Member Burdette stated that the Council did not want to see any development in a community that would be detrimental to its citizens, in particular, its youth. He added that the package store was permissible because it was licensed by the state, not the city and that it may be built at this location as it was a permitted use under the current zoning. He pointed out that the Council could not change zoning that already existed on someone's property. He reiterated his empathy for community concerns and commended the applicant for meeting with the neighborhood and removing some of the uses. He stated that if the Council did not approve provisions of this zoning case, there would be no restrictions and the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 22 of 34 applicant or anyone else who owned the property in the future would have the right to put any of the uses on this site. There being no one else present desiring to be heard in connection with the application of Joseph McElroy, et al., Council Member Burdette made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-117 and Site Plan No. SP-07-035 be approved. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Hicks casting the dissenting vote. Zoning Hearing It appeared to the City Council that the Notice of Special 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 Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on October 22, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. SP-07-044 There was presented Site Plan No. SP-07-044, application of FWRJM Properties, Approved Ltd., for a site plan of property located in the 3600 block of Tulsa Way for townhouse development. Council Member Burdette made a motion, seconded by Council Member Davis, that Site Plan No. SP-07-044, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-149 There was presented Zoning Docket No. ZC-07-149, application of Kim Kilpatrick Continued Until Terrell and Jimmy Kilpatrick for a change in zoning of property located at 3612 December 4, Pershing Avenue from `B" Two Family Residential to "ER" Neighborhood 2007 Commercial Restricted. (Council Member Espino left his place at the dais.) Council Member Burdette stated that he would like an opportunity to meet with the applicant and neighborhood to discuss this zoning change and made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-149, be continued until the December 4, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-07-155 It appeared that the City Council, at its meeting of October 30, 2007, continued the Continued Until hearing of the application of Crockett Realty, L.P., for a change in zoning of November 27, property located at 303 and 307 Crump Street from "J" Medium Industrial and 2007 "J/HSE" Medium Industrial/Highly Significant Endangered Historic Overlay to "H" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 23 of 34 Central Business and "H/HSE" Central Business/Highly Significant Endangered Historic Overlay, Zoning Docket No. ZC-07-155. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Espino returned to his place at the dais.) There being no one present desiring to be heard in connection with the application of Crockett Realty, L.P., Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-155 be continued until the November 27, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-156A There was presented Zoning Docket No. ZC-07-156A, application of Texas Approved Christian University for a change in zoning of property located at 3528 Kent Street from "C" Medium Density Multifamily Residential to "PD-668" Planned Development for "C" Medium Density Multifamily Residential, plus parking for TCU only, and with waiver of site plan recommended. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-156A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-167 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17871- Docket No. ZC-07-167, Text Amendment for Near Southside District Standards and 11-2007 Zoning Map Amendment. Mayor Moncrief opened the public hearing and asked if Text Amendment there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the zoning hearing be closed, Zoning Docket No. ZC-07-167 be approved and the following ordinance be adopted: ORDINANCE NO. 17871-11-2007 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 ARTICLE 9 "COMMERCIAL DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.909 "NEAR SOUTHSIDE" ("NS") DISTRICT AND TO ADD SEPARATE TRANSECT ZONES WITHIN THE DISTRICT TO CONTROL BUILDING HEIGHTS AND LAND USES; PROVIDING FOR DEVELOPMENT CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 24 of 34 STANDARDS AND GUIDELINES FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE NEAR SOUTHSIDE DISTRICT; REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE NEAR SOUTHSIDE DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis expressed appreciation to Mr. Paul Paine and Mr. Mike Brennan from Fort Worth South, Inc. and Mr. Phillip Poole for their hard work on this issue. ZC-07-170 There was presented Zoning Docket No. ZC-07-170, application of James Gifford, Approved et al., for a change in zoning of property located at 3201 and 3205 Ramona Drive from "A-5" One Family Residential to "I" Light Industrial. Council Member Silcox made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-07-170, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-171 There was presented Zoning Docket No. ZC-07-171, application of Gene Askey for Approved a change in zoning of property located at 8515 Old Denton Road from "AG" Agricultural and "E" Neighborhood Commercial. Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-171, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-173 There was presented Zoning Docket No. ZC-07-173, application of Caliche Land, Approved L.L.C., for a change in zoning of property located at 6601 Long Avenue from "A-5" One Family Residential to "E" Neighborhood Commercial. Council Member Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-173, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 25 of 34 ZC-07-174 There was presented Zoning Docket No. ZC-07-174, application of Haros Approved Properties, Ltd., for a change in zoning of property located at 5200 Mosson Road from `B" Two Family Residential to "I" Light Industrial. Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-174, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-179 There was presented Zoning Docket No. ZC-07-179, application of the City of Fort Approved Worth (Oakland Corners Urban Village) for a change in zoning of property bounded by Ayers Avenue to the west, Mt. Vernon Avenue and Kentwood Court to the north, Hughes Avenue to the east and Panola Avenue to the south from "A-5" One Family Residential, "B" Two Family Residential, "C" Medium Density Multifamily Residential, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial and "PD" Planned Development to "MU-1" Low Intensity Mixed Use. The following individuals appeared before Council in support of the zoning change: Donald Boren, Mr. Donald Boren 1755 Martel Avenue Wanda Conlin, (President,West Meadowbrook Neighborhood Association) Louis McBee, Ms. Wanda Conlin 1755 Martel Avenue Susan De Los Mr. Louis A. McBee 5513 Aspen Lane Santos, Lori Ms. Susan De Los Santos 1740 Scenery Hill Thomson Ms. Lori Thomson 4147 Meadowbrook Drive Alex Vaughn Mr. Alex Vaughn, 1600 W. 7 t Street, representing Cash America, appeared before Council in opposition of the zoning change. He stated that the MU-1 zoning now placed his store on Lancaster Avenue in a non-conforming status. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-179, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-181 There was presented Zoning Docket No. ZC-07-181, application of the City of Fort Approved Worth (Birchman Neighborhood) for a change in zoning of property located in the 4600 block of Birchman Avenue from "B" Two Family Residential to "A-5" One Family Residential. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-181, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 26 of 34 ZC-07-182 There was presented Zoning Docket No. ZC-07-182, application of the City of Fort Approved Worth for a change in zoning of property located at 2105 Ash Crescent Street from "B" Two Family Residential to "A-5" One Family Residential. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-182, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-183 There was presented Zoning Docket No. ZC-07-183, application of the City of Fort Approved Worth (Terrell Heights Neighborhood) for a change in zoning of property located south and west of Vickery Boulevard, north of Hattie Street and east of Kentucky Avenue from "A-5" One Family Residential, "C" Medium Density Multifamily Residential, "ER" Neighborhood Commercial Restricted, "F" General Commercial, "I" Light Industrial, "K" Heavy Industrial and "PD-45" Planned Development to add a Historic and Cultural Overlay and incorporate design guidelines for the historic district. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-183, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-184 There was presented Zoning Docket No. ZC-07-184, application of the City of Fort Approved Worth for a change in zoning of property located at 501 Michigan Avenue from `B" Two Family Residential to "A-5" One Family Residential. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-184, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-185 There was presented Zoning Docket No. ZC-07-185, application of the City of Fort Approved Worth for a change in zoning of property located at 4114 and 4118 Wichita Street from "B" Two Family Residential and "E" Neighborhood Commercial to "A-5" One Family Residential. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-185, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-188 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17872- Docket No. ZC-07-188, Text Amendment for Sign Regulations. Mayor Moncrief 11-2007 opened the public hearing and asked if there was anyone present desiring to be Text Amendment heard. Approved CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 27 of 34 Council Member Davis stated that staff had proposed an amendment relative to banners and asked Dana Burghdoff to brief the Council on the amendment. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, stated that the proposed ordinance as recommended by the City Zoning Commission with regard to temporary banner signs would permit temporary banners only in the case of an opening or closing of a business for a period of 30 days with a permit required. She added that the City heard a number of concerns from various businesses and agencies about that restriction on the temporary banner signs and advised that staff proposed that the City treat temporary banner signs as it does temporary portable signs, which would be to allow them for a 30-day period six times per year. The following individuals appeared before Council in support of the text amendment: Eva Bonilla, Ms. Eva Bonilla 7801 Grassland Drive Margaret Ms. Margaret DeMoss 3451 Green Arbor Court DeMoss, Judy Ms. Judy Harman 2222 Winton Terrace East Harman, Matt Mr. Matt Graves 3309 Covert Avenue Graves, Louis Ms. Louis Appleman 801 Cherry Appleman, Becky Ms. Becky Haskin 301 Havenwood Haskin Louis McBee Mr. Louis A. McBee, 5513 Aspen Lane, representing the East Side Sector Alliance, appeared before Council also in support of the text amendment. He suggested that temporary banners be authorized on a 60-day turnaround instead of a 30-day turnaround and 10 percent authorization for window coverage versus 25 percent. The following individuals appeared before Council in opposition of the text amendment. They stated that the temporary weekend directional signs for home builders provided a valuable public service for people looking for homes and expressed concern that the ordinance would negatively impact businesses and employment. They stated that the current ordinance was sufficient but that it needed to be enforced and suggested returning this issue back to the committee for a 90-day review. Jacqueyn Ms. Jacquelyn Wright 6102 Ivy Hill Wright, Mr. Steven Wynne 1026 Kingston, Lewisville, TX Steven Wynne, Mr. Dan Matthews 4017 Peninsula Club Circle Dan Matthews, Mr. James Aiello 4111 E. Loop 820 South James Aiello, Mr. Jesse R. Cross 3212 W. Hwy 199, Springtown, TX Jesse Cross, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 28 of 34 Stacey Taylor, Mr. Stacey Taylor 14008 Rising Spring Road, Haslet, TX Rick Robertson, Mr. Rick Robertson 5105 E. California Parkway Eddie Wynn, Mr. Eddie Wynn P.O. Box 294872 Richard Mr. Richard Tonihka 7030 Echo Lake, Arlington, TX Tonihka, Mr. Mohamed Diaby 9440 Goldenview Drive, Keller, TX Mohamed Diaby, Mr. David Flory 2633 Blue Mound Road West, Haslet, TX David Flory Council Member Jordan stated that he had been asked to serve on this committee as advertising was very important to businesses. He advised of the excessive amount of home builder signs in various areas in his district being so close together that some were unreadable. He added that this created a dangerous situation. He pointed out that the City was not stating not to place signs on property; only that sign makers stay within established criteria. Council Member Davis stated that she had been working on this issue for some time and assured citizens that the ordinance permitted either a banner sign or a portable sign, but not both. She stated this was only one compromise that was reached through the committee at the request of neighborhood groups and others who were in support of the ordinance being more strict. She added that the same held true for the size and height of monument signs, pylon signs and pole signs; the way the ordinance was written reflected compromise. She stated that she was very proud of the ordinance and that it was supported by all neighborhoods in the City and by the League of Neighborhoods. Council Member Espino stated that there had been an extensive public process on this issue and that there was an issue of visual clutter sign pollution all over the City. He added that this ordinance was a good, fair and principled compromise and encouraged all Council Members to support the ordinance. Council Member Moss inquired if the ordinance included the revision as it pertained to builders. Ms. Burghdoff clarified that based on the discussion in the Pre-Council Work Session staff distributed an ordinance that reflected the substantive recommendations of the City Zoning Commission that also included the changes to the temporary banner signs. She stated that in addition there were some minor clarifications with regard to definitions, how the City measured right-of-way and some other items brought to the Council's attention provided through a memorandum distributed in the Council packet. She requested that Council action be on the ordinance distributed at their places this evening. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 29 of 34 There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that the zoning hearing be closed, Zoning Docket No. ZC-07-188 be approved and the following ordinance be adopted as amended: ORDINANCE NO. 17872-11-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 ARTICLE 4 "SIGNS", OF CHAPTER 6, "DEVELOPMENT STANDARDS" TO REPEAL THE LANGUAGE IN SECTIONS 6.400 THROUGH 6.406 AND REPLACE WITH SECTIONS 6.400 THROUGH 6.416 CONTAINING REVISED AND NEW LANGUAGE FOR REGULATING SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Davis left her place at the dais.) AGENDA ITEM XVIB - ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-07-164 There was presented Zoning Docket No. ZC-07-164, application of the City of Fort Approved/Denied Worth, Near Southside District for a change in zoning of property bounded by the I- 30 Freeway to the north, Kentucky Avenue to the east, Allen Avenue to the south, and the Fort Worth and Western Railroad to the east, as follows: Recommended for Approval From "A-5" One Family Residential, "B" Two Family Residential, "C" Medium Density Multifamily Residential, "D" High Density Multifamily Residential, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "G" Intensive Commercial, "MU-1" Low Intensity Mixed Use, "MU- 2" High Intensity Mixed Use, "I" Light Industrial, "J" Medium Industrial and "PD" Planned Development to "74-N" Near Southside General Urban Neighborhood, "74" Near Southside General Urban, "75" Near Southside Urban Center, and "75-I" Near Southside Urban Center Institutional/Industrial, including Historical & Cultural Overlays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 30 of 34 Recommended for Denial ZC-07-164A, 1425 Pennsylvania Avenue, 1401 W. Terrell, 1425, 1433 W. Humbolt, 1413, 1418, 1424, 1436 W. Pulaski, 1515, 1534 Pruitt, 800, 801 7th, 927, 1009, 1021 8th, 1414, 1432 W. Rosedale, 1006, 1020 Southland, 208, 212, 300 E. Hattie; from "CF" Community Facilities, "D" High Density Multifamily Residential, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "G" Intensive Commercial to "75" Near Southside Urban Center, "75-I" Near Southside Urban Center Institutional/Industrial, including Historical & Cultural Overlays. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-164, be approved/denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. AGENDA ITEM XVIC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL Mayor Moncrief stated that Council would take action on Zoning Docket No. ZC- 07-172 upon Council Member Davis's return to the dais. ZC-07-175 There was presented Zoning Docket No. ZC-07-175, application of Jimmy Lee Denied Danley for a change in zoning of property located at 3322 Strohl Street from "A-5" One Family Residential to "E" Neighborhood Commercial. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-175, be denied. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Member Davis returned to her place at the dais.) ZC-07-172 There was presented Zoning Docket No. ZC-07-172, application of Llewellyn Denied Realty for a change in zoning of property located at 3005 and 3011 Stanley Avenue from `B" Two Family Residential to "E" Neighborhood Commercial. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-172, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-178 There was presented Zoning Docket No. ZC-07-178, application of Francisco Ulloa Continued Until for a change in zoning of property located 4901 Miller Avenue from "PD-176" December 4, Planned Development for "E" Neighborhood Commercial uses, plus automotive 2007 storage with exclusions to Amend "PD-176" Planned Development to include automotive sales, with waiver of site plan requested. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 31 of 34 Joella Sample Ms. Joella Sample, 4529 E. Kellis Street, appeared before Council in opposition of the denial. Council Member Moss stated that he would like to discuss this zoning case with a few people as he thought there was an opportunity to make a different decision from the City Zoning Commission. He made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-178, be continued until the December 4, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17873-11-2007 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 zero (0) nays. Agenda Item Mr. Richard Ruggiere, 817 High Woods Trail, appeared before Council relative to XVII the removal of the police station on Boca Raton. He stated that the removal of the Citizen police station was a bad idea as the station acted as a buffer against crime in the Presentations neighborhood. He pointed out that the neighborhood had not been informed of the Richard closure and that Police Officers he had talked to agreed that the closure was a bad Ruggiere idea. He added that Police presence in the neighborhood was a huge deterrence to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 32 of 34 crime and advised that if the station was closed, it would take Police 30 minutes to respond since the new location was on the other end of the Policing District. Council Member Scarth stated that this issue was discussed during the Pre-Council Work Session and clarified his discussion with Mr. Ruggiere earlier relative to the reorganization of Policing Districts. He pointed out that the store front would be the headquarters for the Neighborhood Police Officers and there would continue to be Police Officers in and out of the store front. He stated that he needed the public to understand that when they called 911 and someone responded, they did not respond from one of the store fronts; they responded from their vehicles out on patrol. Don Devous Mr. Don Devous, 9033 Tyne Trail, appeared before Council relative to sexually oriented business (SOB) ordinances and applications in Fort Worth. He referred to the proposed SOB on IH-820 and Trinity Boulevard and advised that these types of businesses could negatively impact home values, increase crime and DWI arrests. He requested that City staff closely scrutinize applications for SOBS in the future. Mayor Moncrief advised Mr. Devous that the application for this business had been withdrawn. Council Member Scarth clarified that the person who the developer was hoping to sell the club to had backed out; however, the developer still had 60 days to file an application and then had two years to find someone to buy the club. He added that if the developer did not file an application within 20 days after the 60-day period expired, the developer would have to repost his intent and start the process over. Connie Rensink Ms. Connie Rensink, 8825 Tyne Trail, President of the River Trails Neighborhood Association, appeared before Council relative to sexually oriented business ordinances and applications in Fort Worth. The following individuals also appeared before Council in opposition of the proposed SOB: Randy Cole, Mr. Randy Cole 533 Panay Way Drive Deborah Trundle, Ms. Deborah Trundle 2929 Gumwood Park Maggie Spence, Ms. Maggie Spence 8468 Lake Springs Trail Melissa Ms. Melissa McDougall 2971 Seguin Trail McDougall, Mr. Kevin R. Smith 9088 Stillwater Trail Kevin Smith, Mr. Shubie Smith 3037 Trinity Lakes Drive Shubie Smith, Shubie Smith, ti Ms. DaLana Barsanti 3208 Silent Creek Trail CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2007 PAGE 33 of 34 Assistant City Attorney Sarah Fullenwider provided an overview of this issue and stated that this type of use was protected under the First Amendment of the United States Constitution and the U. S. Supreme Court, which stated that cities could not ban these types of businesses out of their cities; they could regulate them, but not ban them. She added that cities were faced with two things; either congregating them in one location of the City or dispersing them throughout the City. She added that cities that had congregated them in one location had discovered that it created an economic dead zone around that area, increased crime and stopped revitalization, and as such, most cities dispersed these businesses throughout the City. She explained that cities had to do a study to ensure there were viable areas in which these businesses could locate so as not to regulate them out of business. She advised of the Planning and Development Department's efforts to map out industrial zoned areas of the City and how many areas would be left if the City only located these businesses in Industrial zoned districts. She stated that the City found that with just the uses that were currently prohibited, the City had stretched the limit as far as it could go in regulating these businesses. She stated that when the Council adopted the new amendments to the ordinance in 2004 the Council added a long list of requirements of what SOBS could and could not do, e.g., signage restrictions, tipping rules, no touch rules, hours of operation, etc. She advised that City staff thoroughly reviewed each application with a fine tooth comb. She further stated that in the case of this business, if the owner did not apply for an application within 20 days after the 60th day the sign was posted, the owner would lose the security of the sign being posted if a protected use came within 1,000 feet. Council Member Scarth stated that his home was two miles from this location and he would not like the business in his neighborhood. He emphasized that there was nothing in his individual power, or that of the Council's, that could be done to prevent this type of business from locating in the area. He stated that the Council would look at other possible uses to put in the neighborhood and area within the law. Council Member Davis noted that this was a learning opportunity for the Council and explained that this area was zoned industrial in a neighborhood area that was growing where those uses were not necessarily compatible over time. She added that unfortunately because that was the zoning in the area it triggered the opportunity for the application to have occurred. She stated that the best thing the Council could do from this point forward was to look at zoning in that particular community and take an active re-look at the appropriateness of the zoning of the community. She added that as the City went through its comprehensive plan review, the City might also look for other neighborhoods like this where at one time an industrial zoning might have been appropriate, but where land uses had changed over time in a way to call for a different kind of land use adjacent to them. She stated that right now the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6,2007 PAGE 34 of 34 City allowed all SOBs to go into all industrial zoning categories and that City staff might want to re-look at this aspect. She explained that light industrial zoning was compatible with neighborhoods and that zoning currently allowed the operation of SOBS. She stated that the City should re-look at the zoning to determine whether "J" and "K" industrial might be the only appropriate zoning categories for SOBS to file for a permit. Various Council Members provided comments on this issue relative to constitutional rights and freedoms, their experiences with SOBS in their districts and advised of a current initiative to stop SOBS on the west end of the City. They also recommended that citizens contact the owner of the property and express discontent with the type of business being proposed for that location. Vince Chasteen Mr. Vince Chasteen, 2933 Wilkerson, representing the General Employees of the City of Fort Worth, the Police Officers' Association and the Firefighters' Association, appeared before Council and proposed that the City Council support a mid-year across-the-board raise of four (4) percent for all employees to be distributed beginning on March 1, 2008. He added that the basis for this proposal was a memorandum issued by the City's Financial Officer to the City Manager and the City Council heralding a projected $6,297,470.00 overage above the minimum reserve fund balance of$46,845,951.00. Agenda Item There being no further business,the meeting was adjourned at 11:00 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 27th day of November, 2007 Attest: Approved: t Marty He Brix Michael J. Mo ci of City Secretary Mayor