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HomeMy WebLinkAbout2006/04/25-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:35 a.m. on Tuesday, April 25, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Reverend Robert Bennett, Handley Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief announced that this past week, Fort Woof, the City's dog park, had been named the best Dog Park in the United States and that the Main Streets Arts Festival was a tremendous success. He also regretfully stated that there had also been a fatal accident in the City of Forest Hill, where Mr. Robert Gayan had been killed at the site of a gas well. He advised that the City's Gas Well Task Force would take a very close look at the City's gas well ordinance to address distance issues. Mayor Moncrief also announced that Cager Leroy Mitchell, Fort Worth's first African-American Firefighter, passed on April 20, 2006, and that Steve Price, Assistant City Auditor, passed on April 19, 2006. He added that the Council meeting would be adjourned in their honor. Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Davis, the minutes of the regular meeting of April 18, 2006, and the City Minutes Council bus tour of Districts 3 and 6 on April 19, 2006, were approved unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 2 of 19 Agenda Item V Council Member Haskin presented a Proclamation for Arbor Day to Melinda Special Adams, Forester for the Parks and Community Services Department. Ms. Presentations Adams expressed appreciation to the Council for their continued support. Mr. Courtney Blevins, Regional Forester, presented the City with its 27' Tree City USA flag and also the Growth Award. Mr. Blevins informed the Council that Fort Worth was the only City in Texas to have been recognized as Tree City for such a long period of time. (Council Member Wheatfall stepped away from the dais.) Mayor Pro tem Silcox presented a Proclamation for Pooch & Pals Promenade to Wyndie Turpin, President for Cowtown Loves Animal Shelter Pets (CLASP). Ms. Turpin stated that the promenade would be on April 29, 2006, at 9:00 a.m. and that the funds raised would be used towards an adoption center addition to the City's Animal Shelter. Gleniece Robinson, Library Director, expressed appreciation to Crescent Real Estate Equities for being a corporate sponsor for improvements to the Northside Branch Library. She summarized the two-year history of the renovation and introduced Ms. Betsy Pepper and Mr. John Goff. Ms. Pepper introduced members of the Library Foundation Board and Mr. Goff recognized the contributions of Elizabeth Cordell, Randy Hart, and Jill Goff. Mr. Goff also expressed appreciation to L.G. Swift, Head Librarian at the Northside Branch Library. Council Member Espino stated that this was a great example of everyone coming together toward a common interest which resulted in the renovation of the library. He expressed appreciation to Crescent Real Estate Equities for their generous donation. Mayor Moncrief also expressed appreciation to Crescent Real Estate Equities for their donation and for caring for the citizens and children of Fort Worth. (Council Member Wheatfall returned to his chair at the dais.) Agenda Item VI Mayor Moncrief announced that the Gas Well Task Force scheduled for April Announcements 27, 2006, would not be held at R.D. Evans, it would be held at Handley Meadowbrook Recreation Center, 6201 Beaty Street, at 4:30 p.m. with public comment starting at 6:30 p.m. Council Member Hicks stated that a meeting to discuss the expansion of East Rosedale would be held on April 27, 2006, 6:00 p.m. at the Southside Multi- Purpose Center. She added that funding was in place, with the assistance of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 3 of 19 Tarrant County, Texas Department of Transportation, and Congressman Burgess to go forward with this project that was commenced under former City Council Member Virginia Nell Webber in 1990 and make it a corridor to that which was similar to what was seen on the western side of the freeway. She also announced that a Homeownership Fair would be held on April 29, 2006, from 8:30 a.m. to 1:00 p.m. at the Texas Wesleyan Nurse's Anesthesia Building. She stated that the fair would be sponsored by Congressman Michael C. Burgess and would feature HUD Secretary Alphonso Jackson. She encouraged people to attend and learn about the new quality affordable housing being built in southeast Fort Worth and other areas in the City. Council Member Hicks also announced that the mother of former District 9 Council Member Cathy Hirt, Susan Dischka Csaky, had passed and requested that the Council meeting be adjourned also in honor of her family. Council Member Davis expressed appreciation to Council Members Espino and Jordan for their support in the Bowling for Kids event on April 22, 2006, to benefit the Big Brothers and Big Sisters organizations. She added that her team the "Council Cuties" raised $4,800.00 and total effort raised by all teams was $25,000.00 overall. She expressed appreciation to her Aide, Kristi Wiseman, for all her efforts. Council Member Jordan expressed appreciation to citizens in District 6 during the Districts 3 and 6 Bus Tour on April 20, 2006. He stated that he was very proud of the appearance of the District. Agenda Item VII There were no items removed from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Jordan, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1551 M&C OCS-1551 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 4 of 19 G-15171 M&C G-15171 — Authorizing the reallocation of Community Development CDBG Funds for Block Grant (CDBG) Year XXXI unprogrammed funds in an amount up to Emergency Repair $50,000.00 to the Emergency Repair Program. Program G-15172 M&C G-15172 — Adopting Ordinance No. 16908-04-2006 to amend the Code Ord. No. 16908- of the City of Fort Worth, Chapter 12 "Emergency Reporting Equipment and 04-2006 Procedures" to add a definition for alarm unit; remove the penalty for operating Amend Chapter an alarm system without a permit; revise permit requirements and permit 12 of City Code revocation processes; and revise the duties of alarm companies. G-15173 M&C G-15173 — Authorizing the City Manager to apply for and accept an Ord. No. 16909- Economic Development Initiative (EDI) — Special Purpose grant in the amount 04-2006 of$198,820.00 from the U.S. Department of Housing and Urban Development Redevelop (HUD) for redevelopment of the northeast corner of Miller Avenue and East Northeast Corner Rosedale, known as Clark's Department Store, in the Historic Stop Six Urban of Miller Avenue Village; authorizing the City Manager to execute a grant agreement with HUD, and East Rosedale if the City is awarded the grant; and adopting Appropriation Ordinance No. for Clark's 16909-04-2006 increasing estimated receipts and appropriations in the Grants Department Store Fund in the amount of $198,820.00, subject to receipt of the Economic Development Initiative Special Purpose grant from the U.S. Department of Housing and Urban Development, for the purpose of funding the redevelopment of the northeast corner of Miller Avenue and East Rosedale. G-15174 M&C G-15174 — Adopting Appropriation Ordinance No. 16910-04-2006 Ord. No. 16910- increasing estimated receipts and appropriations in the Capital Projects Reserve 04-2006 Fund in the amount of $170,000.00 from available funds for the purpose of Ord. No. 16911- funding a transfer to the General Fund for the purchase of HVAC replacements, 04-2006 emergency generator replacements, ceiling and lighting replacements, and HVAC refinishing of gym floors at various City facilities; authorizing the transfer of Replacements and $170,000.00 from the Capital Projects Reserve Fund to the General Fund; Improvements of adopting Supplemental Appropriation Ordinance No. 16911-04-2006 increasing Emergency estimated receipts and appropriations in the General Fund in the amount of Generator, $170,000.00 from available funds for the purpose of funding the purchase of Ceiling, Lighting HVAC replacements, emergency generator replacements, ceiling and lighting and Refinish Gym replacements, and refinishing of gym floors at various City facilities; and Floors at Various approving the use of up to $170,000.00 for HVAC replacements, emergency City Facilities generator replacements, ceiling and lighting replacements, and refinishing of gym floors at various City facilities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 5 of 19 G-15175 M&C G-15175 — Approving the purchase of advertisements from the Fort Purchase Worth Star-Telegram, Diario La Estrella, and La Vida News — The Black Voice Advertising for from the Storm Water Utility education and outreach campaign at a cost not to Storm Water exceed $35,000.00; authorizing a purchase agreement for 3'/2 months; and Utility authorizing this agreement to begin May 1, 2006, and expire August 15, 2006. G-15176 M&C G-15176 — Accepting the annual allocation payment from the Law Ord. No. 16912- Enforcement Officer Standards and Education Program (LEOSE) in the amount 04-2006 of $100,251.74; and adopting Appropriation Ordinance No. 16912-04-2006 Annual Allocation increasing estimated receipts and appropriations in the Special Trust Fund, Law Payment for Enforcement Officer Standards and Education funds in the amount of LEOSE Program $100,251.74 from the Texas Comptroller of Public Accounts for the purpose of funding continuing education and training for the Police Department. P-10365 M&C P-10365 — Authorizing the purchase of new forklifts from Equipment Forklifts Depot of Fort Worth and Doosan Infracore America for the City of Fort Worth as listed below for a cost not to exceed $70,069.01 with payment due 30 days from the date of the invoice. Otv. &Description Department Extended Total Equipment Depot of Fort Worth 1 ea. 4,000 pound Mitsubishi Fire $20,771.01 forklift Doosan Infracore America 1 ea. 6,000 pound Daewoo Water $24,649.00 forklift 1 ea. 6,000 pound Daewoo Public Events $24,649.00 forklift Total $70,069.01 C-21411 M&C C-21411 — Authorizing the City Manager to execute a Lease Agreement Friends of Old with Friends of Old Fire Station No. 10, for property located at 2804 Lipscomb Fire Station No. 10 Street in Fort Worth, for $1.00 per year for ten years, effective January 1, 2005, and ending December 31, 2015. C-21412 M&C C-21412 — Adopting Resolution No. 3338-04-2006 authorizing the Res. No. 3338-04- execution of a Local Transportation Project Advance Funding Agreement with 2006 the Texas Department of Transportation (TxDOT) for the division of costs and Texas Department responsibilities associated with the Surface Transportation Program/ of Transportation Metropolitan Mobility Project for the design and construction of East First Street from Beach Street to Oakland Boulevard, which identifies the City's CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 6 of 19 estimated share for construction and inspection to be $577,264.00; and authorizing payment in the amount of $57,726.00 to TxDOT representing the initial installment of the City's participation according to the agreement. C-21413 M&C C-21413 —Authorizing the City Manager to execute a 120 day lease with Town Center Town Center Mall, LP, for office space located in La Gran Tower, 4200 South Mall, LP Freeway, for the Code Compliance Department, Administrative Division (Training). C-21414 M&C C-21414 — Authorizing the City Manager to execute Amendment No. 3 Amendment No. 3 to City Secretary Contract No. 27574 with TranSystems Corporation to CSC No. 27574 Consultants, for Trinity Boulevard water main extension from Greenbelt Road — TranSystems to State Highway 360 (City Project No. 00352), in the amount of $145,324.00 Corporation to provide additional engineering services, thereby increasing the contract Consultants amount to $600,939.00. Subsequent amendments, if necessary, will be processed administratively, up to a $25,000.00 total. C-21415 M&C C-21415 — Authorizing the City Manager to execute a contract with Ballou Ballou Construction Company, Inc., in the amount of $913,010.75 and 80 Construction calendar days for Micro-Surfacing 2006-2 at various locations. Company, Inc. C-21416 M&C C-21416 — Authorizing the City Manager to execute a Construction James DeOtte Services Agreement with James DeOtte Engineering, Inc., in the amount of Engineering, Inc. $397,980.00 for construction management services for Salt Road from I.H. 20 Frontage Road to the South East Landfill. C-21417 M&C C-21417 — Authorizing the execution of one Storm Water Facility KBL 11 Partners, Maintenance Agreement with KBL II Partners, Ltd., and the Valley Brook Ltd., and Valley Homeowners Association, for property located in north Fort Worth (DOE Brook 5098). Homeowners Association C-21418 M&C C-21418 — Authorizing execution of one Storm Water Facility Risinger-Deer Maintenance Agreement from Risinger-Deer Creek, L.P., and the Deer Creek Creek, L.P., and North Homeowners Association for property located in south Fort Worth (DOE Deer Creek North 4970). Homeowners Association CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 7 of 19 C-21419 M&C C-21419 — Authorizing the execution of one Storm Water Facility Riverbend Maintenance Agreement from Riverbend Investment, Ltd., for property located Investment, Ltd. in east Fort Worth (DOE 4685). C-21420 M&C C-21420 — Authorizing the City Manager to execute a memorandum of U.S. Department understanding with the U.S. Department of Homeland Security, Immigration of Homeland and Customs Enforcement for participation in an ongoing joint operation/task Security, force against criminal organizations; and authorizing the agreement to begin Immigration and upon execution of the memorandum of understanding by all parties, and end Customs upon 30-day written notification by the City of Fort Worth or participating Enforcement agency. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council C.P. No. 256 There was presented Council Proposal No. 256 proposing that the City Council Res. No. 3339-04- adopt a resolution to affirm and promote that the dispersion of quality, 2006 affordable housing into the neighborhood throughout the City of Fort Worth is Promote Quality, essential to a well-balanced community. Affordable Housing into Council Member Jordan stated that this resolution formalized the discussions Neighborhoods that the Council had over the last year in putting forth a belief system that the throughout City best community approach to quality affordable housing is a policy of dispersal throughout the community. He added that by the Council rules normally a Council Proposal was introduced one week and then acted upon the following week, but since this resolution was an affirmation of the belief system of the Council he made a motion to suspend the rules and act on the resolution at this time. The motion was seconded by Council Member Wheatfall, and carried eight(8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. Council Member Jordan asked Assistant City Manager Dale Fisseler to confirm that in the Central City development requirements, he stated there was a maximum requirement of 50 percent placed on incentive programs for affordable housing and if so, if it were consistent to add a maximum of 50 percent to the resolution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 8 of 19 Assistant City Manager Fisseler stated that the 50 percent incentive was reflected in the City's Tax Abatement Policy and that it would be consistent to add the 50 percent maximum to the resolution. He added that staff would then bring back the Tax Abatement Policy at a later date to reflect the changes in the policy. Council Member Jordan made a motion, that the resolution be amended to include that"The City Council encourages a 5-20 percent and a maximum of 50 percent in any quality, affordable housing component in all multi-family residential developments; and...." Council Member Davis expressed concern with including the 50 percent maximum in the resolution. She stated that there were a number of projects in the City that were put together as 100 percent affordable programs. She referenced two projects located on the southside, one in her District 9 and one in District 8 and that these projects were seen as assets. She added that she was hesitant to put into place without any discussion, a resolution by the Council that reflected a 50 percent maximum in affordable projects. She cautioned that the Council needed to be careful how it was defined as too much if it were all within one particular project. She spoke about too many projects being in one particular area and creating a concentration of this housing, and also about the Uptown project and what was being done. She emphasized that it should be based on area and not project. Council Member Wheatfall echoed Council Member Davis' comments and stated that the Council needed to look at this at a larger perspective and make sure that there was an equal dispersion of quality affordable housing throughout the City. Council Member Jordan stated that as a result of the discussion, he would withdraw his motion to amend the resolution. Council Member Jordan made a motion, seconded by Council Member Davis, that Council Proposal No. 256 be approved and Resolution No. 3339-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 9 of 19 AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15177 There was presented Mayor and Council Communication No. G-15177 from Ord. No. 16913- the City Manager recommending that the City Council authorize the City 04-2006 Manager to apply for and accept, if awarded, a grant of up to $200,000.00 from U.S. Department the U.S. Department of Housing and Urban Development (HUD) for the City's of Housing and Housing Counseling Services Program; certify that the activities to be funded Urban with the HUD Housing Counseling Grant are consistent with the City's Development Consolidated Plan; authorize the City Manager to accept private donations up to Grant for Housing a total of $25,000.00 to leverage the HUD grant; and adopt an appropriation Counseling ordinance increasing estimated receipts and appropriations in the Grants Fund Services in the amount of$225,000.00, from available funds, for the purpose of funding Housing Counseling Services in the Housing Department. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15177 be approved and Appropriation Ordinance No. 16913-04-2006 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15178 There was presented Mayor and Council Communication No. G-15178 from Ord. No. 16914- the City Manager recommending that the City Council adopt an appropriation 04-2006 ordinance increasing estimated receipts and appropriations in the Specially Finance Phase H Funded Capital Projects Fund in the amount of$2,395,659.00 from an amended of Energy Savings loan agreement with the State Energy Conservation Office, for the purpose of Performance funding Phase 11 of the Energy Savings Performance Contract with Johnson Contract Controls, Inc. (Council Member Espino stepped away from the dais.) Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15178 be approved and Appropriation Ordinance No. 16914-04-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Espino absent. L-14185 There was presented Mayor and Council Communication No. L-14185 from the Continued for City Manager recommending that the City Council accept the donation of Two Weeks 20.901 acres of parkland situated in the Puerta Tierra Irrigation Co. Survey, Abstract No. 1831, the J.J. Albirado Survey, Abstract No. 4 and the R.J. Ware Survey, Abstract No. 2008, Tarrant County, Texas, to be known as C.P. Hadley Park and facility improvements from Lewisville 7 Partners, Ltd., in accordance with the 1995 Neighborhood and Community Park Dedication Policy; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 10 of 19 authorize the City Manager to reimburse park development costs to Lewisville 7 Partners, Ltd., in the amount of $12,203.41 from the Parks and Community Services Fund, upon acceptance of facility improvements. Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. L-14185 be continued for two weeks to the May 9, 2006, City Council meeting. The motion carried unanimously nine (8) ayes to zero (0) nays, with Council Member Espino absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14186 authorize conversion of Oakmont Park for the subsurface drilling and extraction Convert Oakmont of natural gas from an off site location. Mayor Moncrief opened the public Park for hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and (Council Member Espino returned to his chair at the dais.) Extraction of Natural Gas Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14186, as follows: There was presented Mayor and Council Communication No. L-14186 from the City Manager recommending that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Oakmont Park, being a 127.17 acre tract located in the J. Spillman Survey, Abstract No. 1377, the North Proctor Survey, Abstract No. 1230 and the W.J. Jackson Survey, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 11 of 19 (Council Member Hicks stepped away from the dais.) City Attorney Yett recommended that the Council defer action on this issue until after the Executive Session. C-21421 There was presented Mayor and Council Communication No. C-21421 from the S.J. Louis City Manager recommending that the City Council authorize the City Manager Construction of to execute a contract with S.J. Louis Construction of Texas, Ltd., in the amount Texas, Ltd. of $2,386,560.89 for Walnut Creek Sanitary Sewer, Phase I (City Project No. 00343). (Council Member Hicks returned to her chair at the dais.) Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21421 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on March 28, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. City Secretary Hendrix stated that staff had requested Zoning Docket Nos. ZC- 05-311, ZC-05-313, and ZC-06-314 be continued for one week due to a typographical errors in the zoning case numbers. Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Zoning Docket Nos. ZC-05-311, ZC-05-313, and ZC-06-314 be continued for one week to the May 2, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-311 Zoning Docket No. ZC-05-311 - Text Amendment: Residential Setbacks; An Text Amendment Ordinance Amending the Comprehensive Zoning Ordinance of the City of Fort Continued for One Worth, being Ordinance Number 13896, Codified as Appendix "A" of the Code Week of the City of Fort Worth (1986), to Amend Sections 4.704 "One-Family (A- 7.5") District and 4.705 "One-Family ("A-5") District of Article 7, "Residential CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 12 of 19 Districts" of Chapter 4, "District Regulations" to Add Minimum Front Yard Setbacks for Limited Local Streets and Reduced Side and Rear Yard Setbacks for Detached Garages Behind the Rear Wall of the Residence for One-Family "A-5" And "A-7.5" Districts; to Amend Section 6.101 "Yards" of Article 1 "General" of Chapter 6, "Development Standards" to Establish the Measurement for Front Yard Setbacks and to Allow a Decreased Setback for an Open Porch or Patio; Providing That This Ordinance Shall be Cumulative; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty Clause and Providing an Effective Date. ZC-05-313 Zoning Docket No. ZC-05-313 - Text Amendment: Residential Design; An Text Amendment Ordinance Amending the Comprehensive Zoning Ordinance of the City of Fort Continued for One Worth, being Ordinance Number 13896, Codified as Appendix "A" of the Code Week of the City of Fort Worth (1986), to Amend Article 5 "Residential Design Standards" of Chapter 6 "Development Standards" to Add a New Section for Single Family Residential Design Standards; Providing That This Ordinance Shall be Cumulative; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty Clause and Providing an Effective Date. ZC-06-314 Zoning Docket No. ZC-06-314 - Text Amendment: Entry Features & Model Text Amendment Homes; An Ordinance Amending the Comprehensive Zoning Ordinance of the Continued for One City of Fort Worth, being Ordinance Number 13896, Codified as Appendix "A" Week of the Code of the City of Fort Worth (1986), to Amend Section 5.403, "Model Home" of Article 4, `Temporary Uses" of Chapter 5, "Supplemental Uses" to Permit Five Model Homes per Builder; to Amend Article 5 "Residential Design Standards" of Chapter 6 "Development Standards" to Add a New Section for Entry Features; Amend Article 6 "Residential District Use Table" of Chapter 4 `District Regulations" to Add a New Category under Accessory Uses for Permitted Entry Features; Providing That This Ordinance Shall be Cumulative; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty Clause and Providing an Effective Date. AGENDA ITEM XIVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-05-310 It appeared that the City Council, at its meeting of March 21, 2006, continued Approved/Denied the hearing of the application of the City of Fort Worth for a change in zoning Without Prejudice of property located at (A) 2313, 2317, 2321, 2325, 2327, 2400 through 2500 blocks of McLemore Street, and 2400 through 2550 blocks of Race Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-05-310. 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 APRIL 25, 2006 PAGE 13 of 19 Arlettia Sharp Ms. Arlettia Sharp, 2409 McLemore Street, appeared before Council in support of the request for rezoning. She requested that the rezoning also include properties on the south side of Race Street and stated that the ice house on Race Street did not produce ice but was used as a distribution location. She encouraged the Council to rezone all properties on McLemore Street and Race Street to "A-5" One-Family Residential. David Powers Mr. David Powers, 2309 Westbrook, appeared before Council in support of the rezoning. He stated that residents on McLemore Street and Race Street had signed a petition six months ago in support of rezoning to "A-5" Single-Family Residential. He requested that all properties on McLemore Street and Race Street be rezoned to"A-5" One-Family Residential. Robert Armstrong Mayor Moncrief acknowledged Mr. Robert R. Armstrong and Mrs. Helen Helen Armstrong Armstrong, who were also in support of the rezoning but did not wish to address the Council. Rick Herring Mr. Rick Herring, 7720 Deaver Drive, representing Urban Riverside, Inc., appeared before Council in opposition to rezoning any property on Race Street. He provided photographs of Race Street and McLemore Street to show the differences in the locations and stated that Race Street was a wide thoroughfare that included industrial zoned lots and vacant lots. He added that the rezoning of Race Street was inappropriate at this time and that the character of the properties did not support "A-5" Single-Family Residential. He further stated that eight lot owners were not in favor of the rezoning, but seven lot owners favored the rezoning. He added that the Riverside Community was conducting a meeting with Council Member Espino on May 20, 2006, and asked that the rezoning of Race Street be delayed until after the meeting. A short conversation ensued amongst the Council relative to proper zoning designations in the area, developing a plan for rezoning of the area, and if the Council had to act on the entire zoning case at this time. Mr. Bob Riley, Development Department Director, stated that the zoning case could be separated and that this case was relative to the northern portion of Race Street and McLemore Street. He added that the case could be continued, approved, or amended. He further stated that the southern case recommended for denial, Council could continue the zoning case, return it to the City Zoning Commission, or set it for a special hearing on May 9, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 14 of 19 Council Member Espino stated that Riverside was a community that was historic with nine neighborhood associations and that they had been working with Council Members Haskin and Hicks to continue to redevelop and revitalize Riverside. He added that one of the things they were looking at was a master plan. He further stated that McLemore Street was a residential neighborhood, but that Race Street was making the rezoning difficult. He added that he was hesitant to rezone property when there was a clear lack of consensus for the rezoning. There being no one else present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Espino made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed and Zoning Docket No. ZC-05-310, be approved/denied as follows: Approved: 2313, 2317, 2321, 2325, 2327, 2400 through 2500 blocks of McLemore Street, from "B" Two-Family Residential to"A-5" One Family Residential. Denied Without Prejudice: 2421, 2423, 2424, 2428, 2500, 2501, 2502, 2503, 2504, 2509, 2512, 2513, 2528, 2530 Race Street from "B" Two-Family Residential to "A-5" One- Family Residential. Mayor Pro tem Silcox asked Council member Espino if property owners on Race Street requested rezoning on an individual basis, would he support waiving the application fee. Mr. Riley advised the Council that the last time the fees were changed, half the cost of a normal zoning case was charged. He added that presently the fees for properties less than one acre were $840.00, but if the application request was for less than one acre in size when it was downzoning and consistent with the Comprehensive Plan, the fee was only $390.00. Mayor Pro tem Silcox inquired if those properties recommended for approval were being charged a fee for rezoning. Mr. Riley responded in the negative. Mayor Pro tem Silcox expressed concern that properties owners on Race Street that wanted to change their zoning at this time but were not being approved, would be assessed that $390.00 fee at the time of applying for the rezoning which he felt was inappropriate. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 15 of 19 Mr. Riley stated that Council could waive the application fee, but requested that the application be made within the next 90 to 120 days. Mayor Pro tem Silcox made a motion to amend the main motion, seconded by Council Member Wheatfall, that the application fee be waived for rezoning of the individual lots on Race Street if the application was submitted within the next 120 days. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief called for the vote on the main motion. The main 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, Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16915-04-2006 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. Item XV Mr. Jim Scoma, 136 Chisholm Trail, Crowley, Texas, appeared before Council Citizen relative to a street in south Fort Worth being named in honor of his late father. Presentations He added that he had previously appeared before Council on this issue and was Jim Scoma assured the matter would be resolved, but that no action had taken place to date. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 16 of 19 Council Member Davis apologized to Mr. Scoma for the delay on this issue and asked staff to work on resolving this issue. Mr. Bob Riley, Development Department Director, stated that an item would be on next week's Council agenda to waive the fee for renaming streets. He added that he would assist Mr. Scoma with the application process. David Benton Mr. David Benton, 6301 Stockton Drive, appeared before Council relative to trash collection at his property. He stated that he had accumulated several bags of trash as a result of the Easter weekend and that the sanitation truck driver refused to pick up the excess trash which Mr. Benton was willing to throw on the truck, and the truck driver displayed offensive behavior to Mr. Benton. He asked what citizens were supposed to do when they had extra trash as a result of holidays. Mayor Moncrief asked Mr. Benton to meet with Assistant City Manager Libby Watson to resolve this issue. Eunice Givens Ms. Eunice Givens, 5500 Stafford Drive, representing the Highland Hills Neighborhood Association, appeared before Council in opposition of the current gas drilling ordinance. She requested that the ordinance be revised to include the distance requirement from residential, churches, schools and parks being increased to 1,000 feet; distance restrictions on pipelines and gas transfer stations from residential properties; property protection clause for neighborhoods; compensation for homes for replacement or repair; compensation for medical care; and an emergency evacuation plan. She also referred to the Star-Telegram article on April 5, 2006, that included a paragraph where gas industry officials warned the City that increasing the distance limits would result in taking property without compensation. Laura Meeks Ms. Laura Meeks, 5640 Conlin Drive, President, Highland Hills Neighborhood Association, appeared before Council in opposition of gas drilling within the City limits and particularly within 300 feet of residential property. She expressed concern with who monitored the site once drilling commenced, to ensure the gas companies are drilling in the correct direction. She wanted to know how anyone would know if drilling was occurring under personal property and how it was possible they could compensate some property owners and not others whose property lines were adjacent to drilling locations. She referred to a Star-Telegram article dated March 17, 2006, that reflected a district would be compensated because the property was adjacent to a drilling site. She requested answers since her area was surrounded by drilling sites without any escape route. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 17 of 19 Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:00 noon to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning retirement contributions for workers' compensation payments; b) Perdue, Brackett, Flores, Utt & Burns v. Linebarger, et al., Cause No. 96-210834-05; c) Legal issues concerning Evans and Rosedale redevelopment proj ect; d) Legal issues regarding solicitation of contributions in streets and intersections; e) Legal issues concerning DFW Airport; f) Legal issues concerning jail service contracts; g) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:22 p.m. with Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25, 2006 PAGE 18 of 19 L-14186 There was presented Mayor and Council Communication No. L-14186 from the Convert Oakmont City Manager recommending that the City Council: Park for Subsurface 1. Conduct a public hearing under the guidelines set forth by the Texas Drilling and Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Extraction of Recreational Lands; Natural Gas 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Oakmont Park, being a 127.17 acre tract located in the J. Spillman Survey, Abstract No. 1377, the North Proctor Survey, Abstract No. 1230 and the W.J. Jackson Survey, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L-14186 be approved. Mayor Pro tem Silcox stated that he wanted to ensure that those citizens that lived in the general area of Oakmont Park understand that no drilling equipment would be located on park property, or on any parkland, that it would all be underground and the drilling rig would be located elsewhere. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 25,2006 PAGE 19 of 19 Mayor Moncrief made the following request to the City of Fort Worth Gas Task Force: "The Fort Worth City Council is very appreciative of the time and effort you have invested in this very important issue. Your schedule calls for you to have one more workshop on Thursday, April 27, 2006, in order to finalize your recommendations after considering all the public input you have received throughout this process, most recently on April 10 and April 20, 2006, during two public hearings. Your recommendations are scheduled to be presented to the City Council on May 9, 2006, with Council action anticipated later in the month. In light of the tragic event that occurred last Saturday in the City of Forest Hill, the Fort Worth City Council would like you to reconsider Senior Assistant City Attorney Sarah Fullenwider's proposal that the distance requirement be changed to 600 feet from protected uses with an appeal to City Council for any lesser distance. Once all investigations of the accident are complete, we may reconvene the Task Force to determine if there are any additional revisions which should be incorporated into our ordinance. Thank you for your service to the City of Fort Worth." Agenda Item XVII There being no further business, the meeting was adjourned at 1:25 p.m. in Adjournment honor of Robert Gayan, Cager Leroy Mitchell, Steve Price, and Susan Dischka Csaky. These minutes approved by the Fort Worth City Council on the 2nd day of May, 2006. Attest: Approved: Marty Hen ix Mic ael J. oncrief City Secretary Mayor