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HomeMy WebLinkAbout2007/12/04-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 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, December 4, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item II The invocation was given by Minister Alonzo Winston, Church of Christ. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of November 27, 2007, were Minutes approved unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Council Member Jordan presented a Certificate of Recognition to Former Board Special and Commission Member Ms. Nancy S. Marcks for her service on the Fort Presentations Worth Commission for Women, July 19, 2005, through October 24, 2007. Mr. Bob Jameson, representing the "T", accepted certificates on behalf of the following individuals: Mr. Paul Geisel, Fort Worth Transportation Authority Executive Committee, September 26, 2000, through October 24, 2007. Mr. Ed Canas, Fort Worth Transportation Authority Executive Committee, October 26, 1999, through October 30, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 2 of 33 Council Members Silcox, Moss, Espino and Jordan expressed their appreciation to Dr. Geisel and Mr. Canas for their service to the board. The Council Members also recognized their appointees present in the audience. City Secretary Hendrix stated that the following individuals could not attend the Council meeting to receive their certificates: Mr. W. Wayne Pound, Mayor's Committee on Persons with Disabilities, October 12, 2004, through October 30, 2007. Mr. Harry M. Brants, Aviation Advisory Board, December 6, 1994, through October 30, 2007. Mr. Michael Ysasaga, Aviation Advisory Board, November 29, 2005, through October 30, 2007. Agenda Item VI Council Member Moss expressed appreciation to the Planning and Development Announcements Department staff for providing an update on the Comprehensive Plan on November 29, 2007, to District 5 residents. He added it was a good session and the staff provided some great information. He also announced that District 5 would have a Town Hall meeting on December 8, 2007, from 10:00 a.m. to 12:30 p.m., at Dunbar High School, 5700 Ramey Avenue. He stated that information from Transportation and Public Works would be provided relative to how the community streets were rated. He added that it was important that citizens understand that there was a system to determine how streets were to be repaired and when they would be repaired. He added that there would also be a presentation on the Housing Trust Fund to give citizens a general understanding of how that particular program worked. He further stated staff from various City departments would also be present to discuss specific issues and concerns that residents of District 5 may have. Council Member Jordan recognized members of Boy Scout Troop No. 64, from the Genesis Methodist Church who were attending the Council meeting working towards their Citizenship in the Community Badge. Each scout was presented with a"Molly" pin. Council Member Espino stated that the City had a good citizen public input meeting on the 2008 Bond Program at North Fort Worth Baptist Church last night and added that additional meetings had been scheduled for December 6, 2007, in the Council Chamber, and on December 10, 2007, at Greenbriar Community Center and encouraged everyone to attend. He advised that he CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 3 of 33 worked at Cassata High School as Campus President and announced that Sister Mary Bonaventure Mangan passed on December 29, 2007. He provided a history of Sister Bonaventure's accomplishments in the community and stated that funeral services would be held in San Antonio on December 6, 2007. He requested that the meeting be adjourned in her memory. City Manager Boswell stated that he had the pleasure of working for Sister Bonaventure as an original member of the Cassata staff He added that she was a remarkable person who would be missed. Council Member Burdette announced the passing of Reverend Roy E. West, a long-time spiritual leader in the Como area and asked that the meeting be adjourned also in his memory. He also announced that he attended a ceremony at the W.C. Stripling Middle School where awards for academic achievement were presented. He stated that he presented awards on behalf of the Mayor and the event was very enthusiastic and it was wonderful to see the students respond to being recognized for their academic achievements. Council Member Silcox stated that the City had been advised that it should make weekly announcements about weekly siren testing within the City. He explained that historically on the first Wednesday of each month, sirens in Fort Worth are tested at 1:00 p.m. He added that with the new type of sirens the City had and with the weather conditions, staff had decided that extensive testing needed to be done and therefore sirens would be tested every Wednesday at 1:00 p.m. He advised that the first Wednesday would still be a 90-second test; however, the remaining Wednesdays would only have a five-second test which would basically test the battery in the system. He pointed out that this testing would begin on December 12, 2007. Mayor Pro tem Hicks expressed appreciation for everyone who attended the groundbreaking ceremony for Terrell Heights on December 1, 2007. She stated that the District had a lot of good press on this quality affordable housing project going into District 8 off Evans and Rosedale. She expressed appreciation to the Mayor for attending the groundbreaking and explained that her goal once she was elected was to unify District 8 and that was evident on December 1, 2007, at this event. Mayor Moncrief stated that he was very excited about this project and added that if this project worked in this neighborhood, it would work in any area of the City. He pointed out that he was looking forward to the product being expanded and made available so that everyone could have quality affordable sustainable housing. He stated that representatives from various organizations within the City attended the groundbreaking. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 4 of 33 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15984 and C-22560 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15984 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted eight (8) ayes to zero (0) nays, with Council Member Davis absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1636 M&C OCS-1636 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15983 M&C G-15983 - Approving the proposed settlement of the claims entitled City Settlement of of Fort Worth v. Betty Rosen Weil, Sam Rosen, the Daniel Gordon Rosen Trust, Claims in Lawsuit the Jill Suzanne Rosen Trust, the Lynn Rosen Jordan Trust, City of Fort Worth, Entitled City of Fort Worth Independent School District (ISD) and Tarrant County, Texas, Case Fort Worth v. No. 2005-033399-2, arising from the condemnation of 3.38 acres of land for the Betty Rosen Weil, construction and installation of a public raw-water pipeline to provide additional Sam Rosen,the Daniel Gordon raw water for expansion of the Eagle Mountain Water Treatment Plant; Rosen Trust,the authorizing the additional payment of$44,830.00, with the check made payable Jill Suzanne Rosen to Betty Rosen Weil, Sam Rosen, the Daniel Gordon Rosen Trust, the Jill Trust,the Lynn Suzanne Rosen Trust, and the Lynn Rosen Jordan Trust; and authorizing the Rosen Jordan appropriate City representatives to execute the documents necessary to complete Trust, City of Fort the settlement. Worth, Fort Worth ISD and Tarrant County, Case No. 2005-033399-2 G-15985 M&C G-15985 - Adopting Appropriation Ordinance No. 17899-12-2007 Ord. No. 17899-12- increasing estimated receipts and appropriations in the Contract Street 2007 Maintenance Fund in the amount of$361,067.50 based on a receivable from the Transfer Funds for Fort Worth Transportation Authority for the purpose of funding a portion of the FY 2006-2007 Fiscal Year 2006-2007 Street Maintenance Program. Street Maintenance Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 5 of 33 P-10693 M&C P-10693 - Authorizing a purchase agreement for Armored Car Service Armored Car with Loomis, Fargo & Co., for the City of Fort Worth based on best value. Service P-10694 M&C P-10694 - Authorizing the City Manager to execute Interlocal Agreements Document allowing other local governments to participate in the bid award in accordance Scanning with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation"; and authorizing purchase agreements for document scanning services with Tela Technologies and The Windward Group for the City of Fort Worth. P-10695 M&C P-10695 - Authorizing the purchase of three Gradall excavators utilizing a Gradall Texas Association of School Boards cooperative contract with Continental Excavators Equipment Company for the Transportation and Public Works Department. L-14427 M&C L-14427 - Approving the acceptance of a lease agreement for natural gas Lease for Natural drilling under 2.6207 acres, more or less, of City-owned properties located in Gas Drilling at 1st Tarrant County, Texas, known as the 1st to 4th Street Right-of-Way to and 4th Street Chesapeake Exploration, L.L.C. Right-of-Way L-14428 M&C L-14428 - Authorizing the City Manager to execute the appropriate deeds Sale of Tax conveying the properties to the highest bidder complying with bid specifications; Foreclosure and approving the sealed bid sale of tax foreclosure properties as described Properties below, in accordance with Section 272.001 of the Texas Local Government Code for a total of$138,025.00. Name Address Property Description Zoning Gretchen Duque 1008 1It" Street(E) Lots 6,7, 8 and 11,Block 139, H Fort Worth Original Town Perfecto Martinez 4501 Erath Street Lot IA,Block 14, Cobbs A-5 Orchard Johnny R. Stephens 4208 Fain Street Lot 9,Block 6, Jones Court A-5 Neal Nealy III 2835 Fitzhugh Street Lot 2,Block 6,Burchill Addn A-5 2 d Filing Johnny R. Stephens 1101 Hathcock Ave. Lot 20,Block 7,Fairview A-5 Heights Renato Rosales 3644 Henderson St. Lot C,Block 7, Silver Lake A-5 Renato Rosales 7504 Trimble Dr. Lot 9,Block 48,Hallmark A-5 Addition CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 6 of 33 C-22554 M&C C-22554 - Authorizing the City Manager to enter into an Artwork Sandra Fiedorek Commission Contract with Sandra Fiedorek for design, fabrication and installation of public art/design enhancements at the Northwest Library to be located on the corner of Cromwell-Marine Creek and Crystal Lake Drive, in an amount not to exceed $43,680.00. C-22555 M&C C-22555 - Authorizing the City Manager to execute an engineering Kimley-Horn and agreement with Kimley-Horn and Associates, Inc., for Water and Sanitary Sewer Associates, Inc. Relocations for State Highway 121T, Part 3, from Dirks Road to Farm to Market Road 1187 (City Project No. 00899). C-22556 M&C C-22556 - Ratifying an emergency contract for two sanitary sewer main William J. Schultz, repairs with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, Inc., d/b/a Circle for the Water Department (City Project No. 00832), in the amount of "C" Construction $408,804.15. Company C-22557 M&C C-22557 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 34890 with Gilco Contracting, Inc., for Pavement 1 to CSC No. 34890 Reconstruction and Water and Sanitary Sewer Replacement on 6th Avenue, - Gilco Hurley Avenue, and West Arlington Avenue (2004 CIP Project No. 00152). Contracting, Inc. C-22558 M&C C-22558 - Rejecting all proposals received and authorize re-advertisement Reject Proposals of the request for proposals (RFPs) for a crime mapping/crime research solution and Re-Advertise for the Police Department. for RFPs for Crime Mapping/Crime Research Solution C-22559 M&C C-22559 - Authorizing the City Manager to apply for and accept, if Ord. No. 17900-12- awarded, an Impaired Driving Mobilization grant in the amount of $61,000.00 2007 from the Texas Department of Transportation; authorizing the City Manager to Texas Department enter into a contract with the Texas Department of Transportation for the of Transportation Impaired Driving Mobilization grant implementation during Fiscal Year 2008; and adopting Appropriation Ordinance No. 17900-12-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of$61,000.00 upon receipt of the Impaired Driving Mobilization Grant from the Texas Department of Transportation for the purpose of funding the Impaired Mobilization Project. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 7 of 33 Agenda Item X Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Presentations by the following individuals be reappointed to the Mayor's Committee on Persons City Council with Disabilities effective December 4, 2007, and with terms expiring Appointments October 1, 2009: Place 1 (Service Provider) Isabell Montgomery Advocacy, Inc. Place 3 (Service Provider) Rosla Hocker Division of Rehabilitation Services Place 5 ( Service Provider) Paul Baganz Easter Seals Greater NW Texas Place 7 (Service Provider) Sandra Stanford Goodrich Center for the Deaf Place 9 (Service Provider) Amira Salas REACH Resource Center Place 11 (Citizen) Madeline Spearing Place 15 (Citizen) Ray-Kent Troutman Place 17 (Citizen) Connie Anderson Plate 19 (Employer) Judy Bland Expanco, Inc. Place 21 (Employer) Gregory Scott Fort Worth Transportation Authority Place 23 (Employer) Workforce Solutions of Tarrant County The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Espino made a motion, seconded by Council Member Burdette, that Scott Polikov be appointed to Place 8 (Alternate) on the Downtown Design Review Board effective December 4, 2007, and with a term expiring October 1, 2008. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Burdette made a motion, seconded by Council Member Espino, that Patricia Ward be reappointed to Place 7 on the Historic and Cultural Landmarks Commission effective December 4, 2007, and with a term expiring October 1, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 8 of 33 C.P. No. 273 There was presented Council Proposal No. 273 proposing that the City Council Reconsider M&C reconsider Mayor and Council Communication No. PZ-2759 annexing PZ-2759 Annexing approximately 19.9 acres of land in Tarrant County located south of North Land South of Crowley Cleburne Road and west of Crowley Road for the purpose of allowing North Crowley Council Member Jungus Jordan to recuse from voting on the annexation. Cleburne Road and West of Council Member Jordan requested that Council reconsider Mayor and Council Crowley Road to Allow Council Communication No. PZ-2759 as his wife worked for the Crowley Independent Member Jordan to School District and he needed to recuse himself from voting on this issue. He Recuse from referred to the Council Rules of Procedure that provided for Council Proposals to Voting be considered at one meeting with Council action taking place the following Council meeting, and made a motion, seconded by Council Member Silcox that the Council suspend the rules and approve Council Proposal No. 273. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution approving the issuance and sale of Dallas-Fort Approve Issuance Worth (D/FW) International Airport Facility Improvement Corporation Rental and Sale of D/FW Car Facility Charge Revenue Refunding Bonds, Taxable Series 2008A and International 2008B, if specified parameters are met; and approving documents related Airport Facility thereto; and related matters. Improvement Corporation Council Member Jordan advised that he had filed a Conflict of Interest Affidavit Rental Car Facility Charge Revenue with the City Secretary's Office and would abstain from voting on this issue. Refunding Bonds, Council Member Silcox made a motion, seconded by Council Member Scarth, Taxable Series that the resolution be continued until the December 11, 2007, Council meeting. 2008A and 2008B— Continued Until The motion carried unanimously seven (7) ayes to zero (0) nays, with Council December 11, 2007 Member Davis absent and with one abstention by Council Member Jordan. Res. No. 3559-12- There was presented a resolution of the City Council of the City of Fort Worth, 2007 Texas, casting the City of Fort Worth's 571 allotted votes for candidate Joe Cast Allotted Potthoff to the Board of the Tarrant County Appraisal District. Votes for Joe Potthoff to Board Council Member Silcox made a motion, seconded by Council Member Jordan, of Tarrant that Resolution No. 3559-12-2007 be adopted. The motion carried unanimously County Appraisal eight (8) ayes to zero (0) nays, with Council Member Davis absent. District CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 9 of 33 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15984 It was the consensus of the City Council that Mayor and Council Pay Additional Communication No. G-15984, Authorize Additional Compensation to be Paid to Compensation to Deloitte & Touche, LLP, for the Fiscal Year 2006 Single Audit and Deloitte & Touche, Comprehensive Annual Financial Report, be withdrawn from consideration. LLP for FY 2006 Single Audit and CAFR— Withdrawn from Consideration G-15986 There was presented Mayor and Council Communication No. G-15986 from the Initiate Rezoning City Manager recommending that the City Council authorize the City Manager of South Hemphill to initiate certain changes for the South Hemphill Heights Neighborhood from Heights "A-5" One Family, `B" Two Family, "B/DD" Two Family/Demolition Delay Neighborhood in and "E" Neighborhood Commercial to "A-5" One Family and "A-5/1313" One Accordance with Family/Demolition Delay. 2007 Comprehensive Council Member Espino made a motion, seconded by Council Member Jordan, Plan that Mayor and Council Communication No. G-15986 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15987 There was presented Mayor and Council Communication No. G-15987 from the Continue Military City Manager recommending that the City Council authorize the continuation of Pay Supplement the Military Pay Supplement Benefit and Military Leave Fund Policy until Benefit and December 31, 2008. Military Leave Fund Policy Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15987 be approved with appreciation to all the service men and women. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15988 There was presented Mayor and Council Communication No. G-15988 from the Ord. No. 17901-12- City Manager recommending that the City Council adopt an ordinance amending 2007 Chapter 35 "Water and Sewers", Article VI, "Lawn and Landscape Irrigation Amend Chapter Conservation" of the Code of the City of Fort Worth (1986), as amended, by 35,Article VI, amending Section 35-151 "Lawn and Landscape Irrigation Restrictions" to Section and 35-152 annd d A dding mandate year round watering and irrigation restrictions and to provide for A Sections 35-154 to affirmative defenses and exceptions to prosecution of an offense under this 35-157 of City Article; amending Section 35-152 "Rain Sensing Devices and Freeze Gauges" to Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 10 of 33 require properly working rain and freeze sensors; adding Sections 35-154 to 35- 157 to allow for administrative remedies for certain violations under this Article and to provide procedures for an appeal and hearing. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15988 be approved and Ordinance No. 17901-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15989 There was presented Mayor and Council Communication No. G-15989 from the Accept Donation of City Manager recommending that the City Council accept a donation valued at Shadecloth $25,000.00 from Streams and Valleys, Inc., for two shadecloth shelters for Shelters for Trinity Trinity Park. Park Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15989 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15990 adopt twelve urban village master plans by reference into the City's Adopt Urban Comprehensive Plan, and change name of Mercado Village to Historic Marine Village Master Village. Mayor Moncrief opened the public hearing and asked if there was Plans to Change anyone present desiring to be heard. Name of Mercado Village to Historic Marine Village Mr. Fernando Costa, Planning and Development Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15990, as follows: There was presented Mayor and Council Communication No. G-15990 from the City Manager recommending that the City Council: 1. Adopt master plans for twelve urban villages by reference into Appendix A of the Comprehensive Plan: Central Cluster TCB, Inc., et al.,Historic Marine Urban Village Master Plan,November 2007; TCB, Inc., et al., Six Points Urban Village Master Plan,November 2007; TCB, Inc., et al., South Main Urban Village Master Plan,November 2007; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 11 of 33 Southeast Cluster Freese and Nichols, Inc., et al.,Berry/Riverside Urban Village Master Plan, November 2007; Freese and Nichols, Inc., et al.,Berry/Stalcup Urban Village Master Plan, November 2007; Freese and Nichols, Inc., et al.,Near East Side Urban Village Master Plan, November 2007; Freese and Nichols, Inc., et al., Oakland Corners Urban Village Master Plan, November 2007; Freese and Nichols, Inc., et al.,Polytechnic Wesleyan Urban Village Master Plan,November 2007; Southwest Cluster HOK Planning Group, et al.,Berry/University Urban Village Master Plan, November 2007; HOK Planning Group, et al.,Bluebonnet Circle Urban Village Master Plan, November 2007; HOK Planning Group, et al.,HemphilllBerry Urban Village Master Plan, November 2007; HOK Planning Group, et al.,Ridglea Urban Village Master Plan,November 2007; and 2. Change the name of the Mercado Village to Historic Marine Village. (Council Member Davis assumed her place at the dais.) Mr. Costa advised that staff recommended that the master plan be amended as follows: "The proposed transportation improvements are conceptual in nature and subject to future study by City staff. The City shall not proceed to implement the proposed improvements pending such study and a corresponding amendment to the Master Thoroughfare Plan." The following individuals appeared before Council in support of the master plan. They expressed appreciation to the Planning and Development Department and everyone involved for their work on the master plan. They expressed concern with the last-minute amendment and requested they be kept involved in the process. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 12 of 33 Wendy Shabay, Ms. Wendy Shabay 4055 International Plaza Debby Stein, Ms. Debby Stein 2417 Stadium Drive Jan Edmonds, Ms. Jan Edmonds 3512 Park Hill Drive Cleveland Harris, Mr. Cleveland Harris 1037 Colvin Street Regina Blair Ms. Regina J. Blair 2701 Lena Street Mayor Pro tem Hicks and Council Members Espino, Moss and Jordan, commended the Planning and Development Department for their work on this issue. They stated that it was a joint effort between the City and citizens within these twelve areas that were witnessing unprecedented growth. Council Member Davis also expressed appreciation to everyone involved, but expressed concern with the last-minute amendment presented by Mr. Costa. She stated that she did not know the amendment was going to occur and requested that if any meetings were to be held on this issue, that the District 9 Council representative and community members be part of that process. Council Member Burdette stated that even though there were no urban villages in District 7, he nonetheless supported the concept of urban villages as they would provide development and redevelopment in various areas in the City that seriously need development and redevelopment. He added the villages would also add great strength to the City's policy of more dense development within the inner City to attack transportation and air quality problems. Mayor Moncrief stated that it was obvious the Council strongly supported the project. He commended the Planning and Development Department and all the neighborhoods involved in this project and added that he was very pleased with the public process element of this project. There being no else one present desiring to be heard in connection to the public hearing, Council Member Jordan made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15990 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 13 of 33 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15991 adopt the proposed amendment to the Master Thoroughfare Plan, MT-07-007, to Amend Master remove future Park Vista Boulevard from the Master Thoroughfare Plan from Thoroughfare State Highway 170 to Henrietta Creek Road. Mayor Moncrief opened the public Plan, MT-07-007, hearing and asked if there was anyone present desiring to be heard. to Remove Future Park Vista Boulevard from Mr. Mark Rauscher, Transportation and Public Works Department Planning and Master Development Manager, appeared before Council, gave a staff report and called Thoroughfare Plan attention to Mayor and Council Communication No. G-15991, as follows: from State Highway 170 to There was presented Mayor and Council Communication No. G-15991 from the Henrietta Creek City Manager recommending that the City Council adopt the Proposed Road Amendment to the Master Thoroughfare Plan, MT-07-007, to remove Park Vista Boulevard from the Master Thoroughfare Plan from State Highway 170 to Henrietta Creek Road. The existing classification of this future alignment was as a major arterial. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-15991 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2759 There was presented a reconsideration of Mayor and Council Communication Ord. No. 17902-12- No. PZ-2759, dated November 27, 2007, from the City Manager recommending 2007 that the City Council institute and reconsider the adoption of an ordinance Reconsider City declaring certain findings; providing for the extension of certain boundary limits Initiated of the City of Fort Worth; providing for the annexation of an approximately 19.9 Annexation acre tract of land situated in the Jose Gill Survey, Abstract No. 568, situated (AX-07-007, about 10.3 miles south 5 degrees west of the courthouse, south of North Crowley Crowley ISD) Cleburne Road and west of Crowley Road in Tarrant County, Texas (Case No. AX-07-007), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Jordan advised his wife worked for the Crowley Independent School District, that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 14 of 33 Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2759 be approved and Ordinance No. 17902-12-2007 be adopted. The motion carried unanimously 8 (8) ayes to zero (0) nays, and with one (1) abstention from Council Member Jordan. PZ-2764 There was presented Mayor and Council Communication No. PZ-2764, dated Alley Vacation November 27, 2007, from the City Manager recommending that the City Council (VA-07-015)— adopt an ordinance vacating and extinguishing a portion of an alley located in Continued Until Block 23, between Northeast 36th Street and Northeast 37th Street, Fostepco December 11, 2007 Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2764 be continued until the December 11, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2765 There was presented Mayor and Council Communication No. PZ-2765 from the City Initiated City Manager recommending that the City Council adopt an ordinance declaring Annexation certain findings; providing for the extension of certain boundary limits of the (AZ-07-003, R.R. City of Fort Worth; providing for the annexation of an approximately 40.4 acre Ramey Survey)— tract of land situated in the R.R. Ramey Survey, Abstract No. 1341, situated Continued Until about 9.2 miles south 82 degrees east of the courthouse, Tarrant County, Texas January 8, 2008 (Case No. AX-07-003), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2765 be continued until the January 8, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. City Attorney Yett explained that the Council had voted to institute annexation proceedings for this area on November 27, 2007, and what was being continued was final action on the annexation ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 15 of 33 C-22547 There was presented Mayor and Council Communication No. C-22547, dated Village at Camp November 27, 2007, from the City Manager recommending that the City Council Bowie I,LP authorize the City Manager to execute an Economic Development Program Agreement with Village at Camp Bowie I, LP, subject to subsequent, non- material changes agreed to by the parties, related to a mixed-use project to be constructed in the vicinity of Waverley Way and Westridge Avenue; and find that the terms and conditions of the agreement constitute a custom-designed economic development program, as recommended by the 2007 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Phillip Poole Mr. Phillip Poole, 2918 Wingate, appeared before Council in support of the agreement. He provided history of the project and requested the Council's favorable consideration. David Burgher Mr. David Burgher, 6115 Camp Bowie, appeared before Council in support of the agreement. He expressed appreciation to the Planning and Development Department and the Economic and Community Development Department staffs for their work on the agreement and requested Council's favorable consideration. Dot Henderson Ms. Dot Henderson, 1709 Ridgmar Boulevard, appeared before Council in opposition to the agreement. She addressed the density authorized in the agreement and that the area was already suffering from vacant apartments. She added that she did not understand why tax abatements were being approved for developments in an upscale neighborhood with prime real estate. She pointed out that the tax payers of the City should not have to subsidize this development and encouraged the Council to deny the agreement. Mr. Mark Folden, Business Development Coordinator, Economic and Community Development Department, provided a briefing on the Tax Projection and Private Investment Comparison for this project that detailed why an alternate plan, without the tax incentive, would not generate as much revenue for the City. Council Member Davis stated that this abatement was recommended by the staff and that it fit neatly within the policies that had been established in creating density. She added that it also tracked very neatly with other projects that had been approved, e.g., River Plaza Project, Museum Place and West 7th. She pointed out that these projects had participation by the City because of the fact that the City was able to leverage a much higher investment on the private side by virtue of helping to build a parking garage that created that density. She added that in the long run, it was a much better project for the taxpayers than the approach of either doing nothing or allowing it to develop in a surface way CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 16 of 33 without the parking garage which would not bring the density. She further stated that the Council Member for this district was not supportive of the ideology of these tax incentive plans; however, she stated it was the right thing to do and would therefore make a motion to approve to tax incentive. Council Member Davis made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-22547 be approved. Council Member Espino pointed out that this project also included a 15 percent quality affordable housing requirement with basically an allocation for those households of 80 percent of area median income and those for 60 percent area median income. He added that the incentive had extensive Minority and Women Business Enterprise requirements and that the City would get a good return on investment. Council Member Burdette stated that he supported the urban village concept and added that everyone must realize that these urban villages and the incentives that the City provided was not limited simply to redevelopment or development of an area that had historically not seen development. It was also for the purpose of adding density and creating an area where a number of people would live in mixed-use areas which would hopefully lead to transportation solutions. He pointed out that in this particular case, the density of this proposal simply cannot be supported by financing in the usual methods, so the City was lending a hand. He added in the long run it would return more positive results to the City, economically and in terms of supporting urban villages. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22560 There was presented Mayor and Council Communication No. C-22560 from the Ord. No. 17903-12- City Manager recommending that the City Council: 2007 Ord. No. 17904-12- 1. Authorize the City Manager to execute a contract with Intercon 2007 Environmental, Inc., for asbestos abatement and demolition at the Villa Ord. No. 17905-12- Del Rio and Oak Hollow apartment complexes in the amount of 2007 $1,492,159.79; Intercon Environmental, Inc. 2. Adopt supplemental appropriation ordinance increasing appropriations in the Environmental Management Operating Fund in the amount of $507,159.79 and decreasing the unreserved retained earnings by the same amount, for the purpose of transferring said funds to the Environmental Management Project Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 17 of 33 3. Approve the transfer of $507,159.79 in undesignated funds in the Environmental Management Operating Fund (R103) to the Environmental Management Project Fund (R101); 4. Adopt appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $507,159.79 from available funds, for the purpose of executing a contract with Intercon Environmental, Inc., for asbestos abatement services for the Villa Del Rio and Oak Hollow apartment complexes; and 5. Adopt appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund (C291) in the amount of $250,000.00 from available funds, for the purpose of executing a contract with Intercon Environmental, Inc., for asbestos abatement services for the Villa Del Rio and Oak Hollow apartment complexes. Greg Ricks Mr. Greg Ricks, 720 Oakwood Trail, Vice President of the Woodhaven Neighborhood Association and also representing the Oakwood Trail Townhomes Association, appeared before Council in support of this issue. He dispelled rumors that the neighborhood did not receive communication on the demolition and advised the Council and that the neighborhood had a full understanding of the demolition. Joe Epps Mr. Joe Epps, 828 Firewheel Trail, representing Woodhaven Community Development, appeared before Council in support of this issue and expressed appreciation to the Council for the redevelopment of Woodhaven. Council Member Scarth clarified that the alternative method only addressed about a 50' by 40' foot building; the vast majority of the demolition would be done by the approved method that had been done for a number of years. Council Member Silcox stated that a citizen had asked him if the City would recoup the costs of the demolition and asked staff to respond. Assistant City Manager Dale Fisseler explained that the City was the property owner and would absorb the cost of the demolition. Council Member Scarth also pointed out that the property would be sold after completion of the demolition and that the City would recover as much as possible from the value of the property, which was obviously greater to a developer or redeveloper once the building was gone. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 18 of 33 (Council Member Silcox left his place at the dais.) The following individuals appeared before Council in opposition to the demolition and expressed concern with the use of the wet system to abate the asbestos. They explained that once the ground had dried this procedure would expose residents to hazardous asbestos fibers that had been absorbed by the ground using the wet method. They asserted that residents in the neighborhood were not aware of the proposed procedure and requested that the City not experiment with the wet demolition method using the small building. They requested that the City conduct a public hearing on the process and minimize the exposure to residents as much as possible. Mr. Mauro Carrasco 3310 Space Center, Pasadena, TX Mr. Kenneth Schneider 1023 Lamarque Street, New Orleans, LA Mr. Jimmy Brumfield 11580 Reeder, Dallas, TX Mr. Thomas Kleinmann 1027 Holcomb, Dallas, TX Mr. Monroe Norrid 5441 Sun Valley Drive Council Member Scarth requested that staff address the alternative method and the reason why the City was proposing this approach. Mr. Brian Boerner, Environmental Management Department Director, provided clarification of the M&C before the Council. He explained that the M&C did not have anything to do with the alternate asbestos control methodology; it stated that the City wanted to pay for the abatement and demolition of the remaining structures on the site using traditional methods. He addressed the alternate asbestos control method by stating it was a working partnership with Environmental Protection Agency (EPA) to come in and determine that controlling asbestos in an alternate method to traditional abatement procedures during demolition was equivalent in the work practice and safety for the workers and safety to the community. He added that two tests had been conducted at Fort Chafee by the EPA and this was the third test being conducted by the EPA. He stated that data obtained from previous testing around the nation, including Fort Chafee, showed that at this point in time, both methods were equivalent; the third test would further prove that the proposed EPA method would be cost effective but effective in controlling the risk to the neighborhood and workers. He explained the wet method and stated the level of safety and the reduced risk was maintained throughout the entire project, including the filtering of all water and the removal of three to six inches of soil from the site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 19 of 33 Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22560 be approved, Supplemental Appropriation Ordinance No. 17903-12-2007 and Appropriation Ordinance Nos. 17904-12-2007 and 17905-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22561 There was presented Mayor and Council Communication No. C-22561 from the KT Land, Ltd, and City Manager recommending that the City Council authorize the City Manager Neighborhood to enter into a five-year Tax Abatement Agreement with KT Land, LTD, a Texas Homes Limited Partnership, and Neighborhood Homes for 50 single-family homes located in the Evans and Rosedale Neighborhood Empowerment Zone (NEZ), in accordance with the NEZ Tax Abatement Policy and Basic Incentives, contingent upon approval of house plans by the Historic and Cultural Landmarks Commission; and find that the statements set forth in the recitals of the Tax Abatement Agreement with KT Land, LTD, a Texas Limited Partnership, and Neighborhood Homes, are true and correct. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22561 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22562 There was presented Mayor and Council Communication No. C-22562 from the Res. No. 3560-12- City Manager recommending that the City Council authorize the City Manager 2007 or a designee to bring forth the Strategic Partnership Agreements for each Res. No. 3561-12- District after the formation of the Municipal Utility District; authorize the City 2007 Manager or his designee to execute Development Agreements for each District WYA The Ranch between the City and WYA The Ranch at Mary's Creek LTD. a Texas Limited at Mary's Creek, partnership of WYA The Ranch Holdings, LLC, its general partner (Developer), LTD., a Texas Limited and a Utility Agreement between the City and the Developer; and adopt a Partnership of resolution consenting to the creation of a Municipal Utility District WAY The Ranch encompassing approximately 380.316 acres in Parker County, Texas, to be Holdings, LLC known as "Morningstar Ranch Municipal Utility District No. 1 of Parker County", and authorizing the City Manager to execute the "agreement concerning the creation and operation of Morningstar Ranch Municipal Utility District No. 1 of Parker County"; and adopt a resolution consenting to the creation of a Municipal Utility District encompassing approximately 356.829 acres in Parker County, Texas, to be known as "Morningstar Ranch Municipal Utility District No. 2 of Parker County", and authorizing the City Manager to execute the "agreement concerning creation and operation of the Morningstar Ranch Municipal Utility District No. 2 of Parker County." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 20 of 33 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22562 be approved and Resolution Nos. 3560-12-2007 and 3561-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22563 There was presented Mayor and Council Communication No. C-22563 from the Ord. No. 17906-12- City Manager recommending that the City Council adopt an appropriation 2007 ordinance increasing estimated receipts and appropriations in the TPW Gas Well Peachtree Revenue Fund in the amount of $400,000.00 from available funds for the Construction, Ltd. purpose of executing a contract with Peachtree Construction, Ltd., for HMAC Surface Overlay 2007-4 at various locations (City Project No. 00746); and authorize the City Manager to execute a contract with Peachtree Construction, Ltd., in the amount of $1,860,038.00 for 170 working days for Hot Mix Asphaltic Concrete Surface Overlay 2007-4 at various locations. Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-22563 be approved and Appropriation Ordinance No. 17906-12-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22564 There was presented Mayor and Council Communication No. C-22564 from the N.G. Painting, L.P. City Manager recommending that the City Council authorize the City Manager to execute a contract with N.G. Painting, L.P., for the South Holly Water Treatment Plant Clearwell No. 6 and No. 7, Repainting and Renovation Project. (Council Member Silcox returned to his place at the dais.) Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22564 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-149 It appeared that the City Council, at its meeting of November 6, 2007, continued Denied Without the hearing of the application of Kim Kilpatrick Terrell and Jimmy Kilpatrick for Prejudice a change in zoning of property located at 3612 Pershing Avenue from `B" Two Family Residential to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-07-149. 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 DECEMBER 4, 2007 PAGE 21 of 33 There being no one present desiring to be heard in connection with the application of Kim Kilpatrick Terrell and Jimmy Kilpatrick, Council Member Burdette made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-149 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 November 16, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-160A There was presented Zoning Docket No. ZC-07-160A, application of the City of Approved Fort Worth (Crestwood Neighborhood) for a change in zoning of property located at 304 Rockwood Park Drive from "A-5" One Family Residential to "A- 10" One Family Residential. Council Member Burdette made a motion, seconded by Council Member Davis that Zoning Docket No. ZC-07-160A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-186 There was presented Zoning Docket No. ZC-07-186, application of Buddy Seay Approved for a change in zoning of property located at 5001 Vesta Farley Road from `B" Two Family Residential to "I" Light Industrial. Council Member Moss made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-186, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-189 There was presented Zoning Docket No. ZC-07-189, application of Miguel Approved Limon, Jr., for a change in zoning of property located at 5100 David Strickland Road from `B" Two Family Residential to "I" Light Industrial. Miguel Limon Mr. Miguel Limon, 5100 David Strickland Road, applicant for the zoning change, appeared before Council in support of the rezoning. Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-189, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 22 of 33 ZC-07-195 There was presented Zoning Docket No. ZC-07-195 and Site Plan No. SP-07- SP-07-056 056, application of Wal-Mart for a change in zoning of property located in the Approved 6700 block of West Vickery Boulevard from "PD-578" Planned Development for all uses in the "E" Neighborhood Commercial, plus Neighborhood Grocery Market and Fuel Sales, and excluding the following: Adult Day Care; Ambulance Dispatch Station; Care Facility; Hospice, Hospital; Center, Community Recreation, or Welfare (private or non-profit); Private Country Club; Golf Driving Range; Place of Worship; Telecommunications Antenna (or structure); Telecommunications Tower; Utility Transmission or Distribution Line; Amusement Outdoor; Drive-in Restaurant or Business; Lodge or Civic Club; Massage Therapy; Commercial Swimming Pool; Theater, Movie or Auditorium; RV Park; Antique Shop; Business College or Commercial School; Cold Storage Plant or Ice Plant; Large Retail (single story over 60,000 square feet); Laundry, dry-cleaning or Washateria; Liquor Store or Package Store; Mortuary or Funeral Home; Pawn Shop; Tattoo Parlor; Taxidermist Shop; Veterinary Clinic with Kennels; Garage, storage only; Parking area or Garage, Commercial or Auxiliary; Trailer, Portable Sales; Construction or Storage; Vendor, transient door-to-door; Electric Power Substation; Water Supply, Treatment or Storage Facility; Bed and Breakfast Home or Inn; Airport, Aviation Field; Helistop or Landing Area; Batch Plant Concrete or asphalt Plant (Temporary), with site plan required for a drive-thru bank. Council Member Silcox made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-195 and Site Plan No. SP-07-056, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-197 There was presented Zoning Docket No. ZC-07-197, application of Vessey & Denied Without Son, L.L.C., for a change in zoning of property located at 3409, 3415 and 3421 Prejudice Hamilton Avenue from `B" Two Family Residential to "R1" Zero Lot Line/Cluster Residential. Cassius Vessey Mr. Cassius Vessey, 3109 Westcliff Road West, applicant for the zoning change, appeared before Council and requested the Council deny the zoning change without prejudice. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-197, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 23 of 33 ZC-07-199 There was presented Zoning Docket No. ZC-07-199, application of Texas Ex. Approved Investments, L.L.C., et al., for a change in zoning of property located in the 2800 block of Sandage Avenue from "B" Two Family Residential to "PD/MU-1" Planned Development for "MU-1" Low Intensity Mixed Use for 44 residential units only, no commercial usage and with site plan required. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He advised that he wanted to ensure that the agreement made with the neighborhood was included in the motion. He stated that the request was amended to request a PD/MU-1 for 44 residential units only, no commercial usage and site plans would be required. One site plan would cover Lots 5-8 in Block 14 and the other site plan would cover Lots 13-16 in Block 15, all in the Frisco Heights addition. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-199, be approved with the comments as stated by Mr. Schell. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-200 There was presented Zoning Docket No. ZC-07-200, application of AIL Approved Investment, L.P., et al., for a change in zoning of property located in the 8400 through 9100 block of Old Denton Road and 9490 North Freeway from "A-5" One Family Residential, "C" Medium Density Multifamily Residential and "G" Intensive Commercial to "PD/MU-2/G" Planned Development for "MU-2/G" High Intensity Mixed Use with modifications for the Alliance Town Center, with waiver of site plan recommended. (Note: Docket for Zoning Case No. ZC-07-200 is attached to Zoning Ordinance No. 17908-12-2007). Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-200, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-202 There was presented Zoning Docket No. ZC-07-202, application of Hickman Approved Family, L.P., for a change in zoning of property located in the 9400 and 9500 blocks of Clifford Street from "A-5" One Family Residential and "I" Light Industrial to "G" Intensive Commercial. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-202, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 24 of 33 ZC-07-204 There was presented Zoning Docket No. ZC-07-204, application of Texas Approved Christian University for a change in zoning of property located in the 3500 block of Bellaire Drive from "D" High Density Multifamily Residential to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-204, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-206 There was presented Zoning Docket No. ZC-07-206, application of the City of Continued Until Fort Worth for a change in zoning of property located at 2500, 2700, 2750 and January 8, 2008 2754 Dottie Lynn Parkway from unzoned to "A-5" One Family Residential and "AG" Agricultural. Council Member Moss made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-206, be continued until the January 8, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-207 There was presented Zoning Docket No. ZC-07-207, application of the City of Approved Fort Worth (Eastern Hills Neighborhood) for a change in zoning of property generally bounded by Brentwood Stair Road to the north, Oak Hill to the east, Meadowbrook Drive to the south and Meadowbrook Golf Course to the west from "A-5" One Family Residential, "CR" Low Density Multifamily Residential and "C" Medium Density Multifamily Residential to "A-10" and "A-21" One Family Residential to `B" Two Family Residential. Louis McBee Mr. Louis McBee, 5513 Aspen Lane, appeared before Council in support of the rezoning. He expressed appreciation to Council Member Scarth for recognizing the need to rezone the property and requested the Council's favorable consideration. Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-207, be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-209 There was presented Zoning Docket No. ZC-07-209, application of the City of Approved Fort Worth (Candleridge Neighborhood) for a change in zoning of property generally bounded by Altamesa Boulevard to the north, Weatherwood Road to the east, Sycamore School Road to the south and Trail Lake Drive to the west from "A-5" One Family Residential, `B" Two Family Residential, "CR" Low CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 25 of 33 Density Multifamily Residential, "C" Medium Density Multifamily Residential and "ER" Neighborhood Commercial Restricted to "A-10" and "A-5" One Family Residential. Council Member Jordan made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-209, be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-210 There was presented Zoning Docket No. ZC-07-210, application of the City of Approved Fort Worth for a change in zoning of property located in the 4700 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 Davis, that Zoning Docket No. ZC-07-210, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-211 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17907-12- Docket No. ZC-07-211, Text Amendment for seasonal sales. Mayor Moncrief 2007 opened the public hearing and asked if there was anyone present desiring to be Text Amendment 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 Jordan, that the zoning hearing be closed, Zoning Docket No. ZC-07- 211 be approved and the following ordinance be adopted: ORDINANCE NO. 17907-12-2007 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, TO AMEND SECTION 5.306, "STORAGE OF DISPLAY IN COMMERCIAL DISTRICT, OUTDOOR" OF CHAPTER 5, "SUPPLEMENTAL USES", TO EXPAND THE TYPES OF ITEMS ALLOWED TO BE DISPLAYED AND/OR STORED OUTSIDE THE MAIN BUILDING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 26 of 33 AGENDA ITEM XVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-07-203 There was presented Zoning Docket No. ZC-07-203, application of Marine Continued Until Quest - Harbor One, L.P., for a change in zoning of property located at 9157, January 8, 2008 9165 and 9177 Boat Club Road, as follows: Recommended for Approval From "F" General Commercial to "R2" Townhouse/Cluster Residential for 8 townhomes. Lots 2 and 3. Recommended for Denial (ZC-07-203A) 9177 Boat Club Road, from "F" General Commercial to "R2" Townhouse/Cluster Residential for 8 townhomes. Lot 1 Council Member Burdette advised that the applicant had requested delay of this item to January 8, 2008. Michael Peck Mr. Michael Peck, 9608 Lea Shore Drive, appeared before Council in support of the denial for all three addresses. He addressed the current traffic gridlock experienced daily by residents of this area and stated that the gridlock would only increase with higher density. He requested that the Council restrict the zoning of this area to only single-family uses. Council Member Burdette made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-203, be continued to the January 8, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-176 There was presented Zoning Docket No. ZC-07-176, application of Rall Denied With Properties, L.P., for a change in zoning of property located at 6901 and 7001 Prejudice Bryant Irvin Road from "CR" Low Density Multifamily Residential, "E" Neighborhood Commercial and "PD-396" Planned Development for Specific Uses to "MU-2" High Intensity Mixed Use. Council Member Silcox stated that if this case was denied with prejudice, the applicant could not reapply for the same zoning for one year and requested City Attorney Yett confirm his statement. City Attorney Yett responded in the affirmative. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 27 of 33 Council Member Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-176, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-177 There was presented Zoning Docket No. ZC-07-177 and Site Plan No. SP-07- SP-07-055 055, application of Volunteers of America North Texas Development Denied With Corporation, Inc., for a change in zoning of property located at 4700 South Prejudice Riverside Drive from "A-5" One Family Residential to "PD/SU" Planned Development/Specific Use for Group Home II, with ancillary uses, including a shelter with offices, and with site plan required. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-177 and Site Plan No. SP-07-055, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-178 It appeared that the City Council, at its meeting of November 6, 2007, continued Approved the hearing of the application of Francisco Ulloa for a change in zoning of property located at 4901 Miller Avenue from "PD-176" Planned Development for "E" Neighborhood Commercial uses, plus automotive storage with exclusions to amend "PD-176" Planned Development to include automotive sales, with waiver of site plan requested, Zoning Docket No. ZC-07-178. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Moss stated that he had not received any opposition from the neighborhood relative to the rezoning of this property. There being no one else present desiring to be heard in connection with the application of Francisco Ulloa, Council Member Moss made a motion, seconded by Council Member Espino, that the hearing be closed and that the Council overturn the City Zoning Commission's denial with prejudice and approve Zoning Docket No. ZC-07-178. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-190 There was presented Zoning Docket No. ZC-07-190, application of 700 Denied Without Rosedale, L.P., for a change in zoning of property located 1015 Travis Avenue Prejudice from "D" High Density Multifamily Residential to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-190, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 28 of 33 ZC-07-192 There was presented Zoning Docket No. ZC-07-192, application of Daniel Ruiz Denied With for a change in zoning of property located at 3501 McClure Street from `B" Two Prejudice Family Residential to "AG" Agricultural. Daniel Ruiz Mr. Daniel Ruiz, 3224 Livingston Avenue, appeared before Council in opposition of the denial. Mr. Juan Ascosta provided translation for Mr. Ruiz who stated that residents of the area did not oppose the rezoning. He responded to Council Member Espino's inquiry relative to the use of the property by stating the property would be used to house horses. Council Member Espino referred to an aerial photo provided to the Council and stated that the area appeared to be somewhat secluded and an area where horses could be kept. Ms. Dana Burghdoff, Planning and Development Department Deputy Director, stated that this property was approximately three-quarters of an acre. She explained that the amendments to the large animal ordinance discussed with the Council in October would affect the "A" One-Family and "B" Two-Family zoning districts where there would be a maximum number of animals that could be kept on the property. She added that under the Agricultural zoning, there would not be a limit to the number of large animals on the property as long as they were kept one-hundred feet from a neighboring house. In further discussion, it was clarified that Mr. Ruiz did not live in this area. Council Member Scarth pointed out that if the amendment to the large animal ordinance was adopted and Council denied the Agricultural zoning, the applicant could still request a special exception through the Board of Adjustment to allow him to live more than a quarter of a mile from the property. Council Member Davis provided a history of the large animal ordinance that resulted from concerns of the neighborhoods. She stated that there were some fairly dense neighborhoods near this area and they had suffered the consequences of what had been historically an illegal use of these properties. She advised, as an example, that Mr. Ascosta was informed that he could not build stables, but he continued to do so and the City had been in continued opposition with him on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-192, be denied with prejudice. The motion carried eight (8) ayes to one (1) nay, with Council Member Espino casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 29 of 33 ZC-07-193 There was presented Zoning Docket No. ZC-07-193, application of The Kenneth Approved and Ruby Reed Trust for a change in zoning of property located in the 9300 through 9600 blocks of Saginaw Boulevard from "A-5" One Family Residential to "E" Neighborhood Commercial. Council Member Burdette summarized the zoning case and stated that he believed that the zoning change should be allowed since the property fronted on a four-lane highway. He pointed out that under current zoning homes could not be built on this site as driveways would not be allowed to ingress/egress onto the highway. He added that the applicant had agreed to the exclusion of the following uses: • Massage Parlors • Sexually Oriented Businesses • Probation or Parole Office • Bar, Tavern or Cocktail Lounge when not part of a restaurant • Mobile Home • Manufactured Housing Sales • Vehicle Junk Yard Storage Council Member Burdette made a motion, seconded by Council Member Silcox, that the Council overturn the City Zoning Commission's denial with prejudice and approve Zoning Docket No. ZC-07-193, with the restrictions indicated above. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Moss left his place at the dais.) ZC-07-194 There was presented Zoning Docket No. ZC-07-194, application of Mohammad Denied With Ashraf Bhola for a change in zoning of property located at 5003 Trail Lake Prejudice Drive from "E" Neighborhood Commercial to "FR" General Commercial Restricted. Council Member Jordan made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-194, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ZC-07-196 There was presented Zoning Docket No. ZC-07-196 and Site Plan No. SP-07- SP-07-057 057, application of Beach-North Tarrant, Ltd., for a change in zoning of property Continued Until located at 8665 North Beach Street from "E" Neighborhood Commercial to December 11, 2007 "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus an automotive brake service facility, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 30 of 33 Council Member Espino made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-196 and Site Plan No. SP-07-057, be continued until the December 11, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ZC-07-201 There was presented Zoning Docket No. ZC-07-201 and Site Plan No. SP-07- SP-07-058 058, application of Poisson Rouge Property Company, L.L.C., for a change in Continued Until zoning of property located at 3700 Linden Avenue from "A-5" One Family January 8, 2008 Residential to "PDR2" Planned Development for "R2" Townhouse/Cluster Residential, with site plan required. Council Member Burdette stated that the applicant had requested this case be delayed for one month and made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-201 and Site Plan No. SP-07-058, be continued until the January 8, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17908-12-2007 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 eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 31 of 33 (Council Member Moss returned to his place at the dais.) Agenda Item XVI Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to gas Citizen well compressor noise and lack of response from the gas company and City. He Presentations stated that the noise emanating from the gas well located north of his property Jim Ashford was too loud. He pointed out that current noise limitations did not apply to this gas well as it had been drilled before the current ordinance was adopted and was therefore grandfathered. He indicated that City staff had advised him that the Code Compliance Department would enforce the noise level; however, he inquired how the City would enforce the noise if there were no guidelines for this well to comply with. He stated that Chesapeake had filed a new drilling permit and requested that the City place the issuance of the permit on hold until Chesapeake address the noise issue near his property. (Council Member Espino left his place at the dais.) Ms. Susan Alanis, Planning and Development Department Deputy Director, stated that she had addressed this issue with Mr. Ashford. She stated that City staff had visited the site at various times of the day taking sound readings and that the site was in compliance with allowed noise level. She added that Chesapeake was installing sound blankets and that no other resident had complained of the noise. She further stated that the gas well operated at the 54 decibel ambient sound and the maximum allowable was 64 during the day. Council Member Scarth advised of Chesapeake's actions to improve sound suppression by the installation of vertical noise buffers and a new radiator on the well and stated that once installation was completed, it should take care of the noise. Mr. Ashford stated that the new sound barriers were better; however, the noise level was still excessive. He stated that the entire neighborhood had complained about the noise and stated he had documentation to substantiate his comments. He requested that Council withhold the permit until he had an opportunity to meet with Council Member Scarth. Mayor Moncrief reiterated that City staff had visited the site on many occasions to evaluate noise levels and the noise level was acceptable under current ordinance. He advised Mr. Ashford to allow Chesapeake to install the new sound barriers as they might provide better noise suppression. (Council Member Jordan left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4, 2007 PAGE 32 of 33 Mr. Ashford stated that the company removed the old barriers to take readings with the compressors running and added that the compressors were extremely noisy. He stated that the company had changed the compressors, but they were still grandfathered. He added that if modifications were made they should have to comply with the current code to ensure they were in compliance; however, these grandfathered wells were unregulated. He asked if the company could do their testing without the compressor running. Ms. Alanis stated that the protocol was for the company to establish the ambient noise level without the compressors running. Assistant City Attorney Sarah Fullenwider stated that it was her understanding that the company shut the compressor down, did a 24-hour ambient noise test and reached a 61 decibel level. She added that if they introduced new equipment to the area they would have to rely on that 61 decibel level and not exceed 5 during the day and 3 at night. Mayor Moncrief encouraged Mr. Ashford to meet with the City staff after the meeting. (Council Member Jordan returned to his place at the dais.) Jay Marcom Mr. Jay Marcom, 7215 Mansfield Cardinal Road, Arlington, Texas, appeared before Council relative to gas gathering lines. He stated that these lines were unregulated and advised of soil contamination resulting from benzene emissions. He pointed out that cities needed a comprehensive plan to monitor unregulated pipelines. In response to Council Member Burdette's inquiry relative to a chemical analysis performed on his property in Stephens County, Mr. Marcom stated that he would ensure the City was furnished with the analysis. (Council Member Espino returned to his place at the dais.) Council Member Davis stated that this was another example of the City's need to enact an ordinance relative to these gas pipelines, not only where they were located, but also requiring certain level of safety standards that allowed City oversight of the way the pipelines were being laid and opportunity to ensure they were being laid in a way that was safe as possible for the community. Mayor Pro tem Hicks requested that staff make the analysis available to the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 4,2007 PAGE 33 of 33 Agenda Item There being no further business, the meeting was adjourned at 9:38 p.m. in XVIII memory of Sister Mary Bonaventure Mangan and Reverend Roy E. West. Adjournment These minutes approved by the Fort Worth City Council on the 11'' day of December, 2007. Attest: Approved: �n 1 l OL Marty H drix Mic ael J.N loncrief City Secretary Mayor