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HomeMy WebLinkAbout2006/09/05-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 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 Donavan Wheatfall, 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 7:03 p.m. on Tuesday, September 5, 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 Scott Higginbotham, Handley Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Davis, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of August 29, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Silcox presented a Proclamation for Prostate Cancer Special Awareness Month to Christopher Goetz, Chief Executive Officer of Cowtown Presentations Cruisin' for a Cure, and Scott McConnell, President of Cowtown Cruisin' for a Cure. Council Member Jordan presented a Proclamation for National Preparedness Month to Juan Ortiz, Emergency Management Coordinator. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 2 of 28 Council Member Davis presented a Proclamation for National Alcohol and Drug Addiction Recovery Month to Jennifer Gilley, Executive Director of Tarrant County Challenge, Inc. Accompanying Ms. Gilley was Mr. Paul Cobb, Tarrant County Workforce Development Board, Mr. Ron Silvernol, Texas Association of Addiction Professionals and Mr. Robert Miles, President of Fort Worth Association of Alcohol and Drug Abuse Counselors. Agenda Item VI Council Member Espino announced that a meeting of the I-35 Coalition would Announcements be on September 13, 2006, at 10:00 a.m. at the Coca Cola Bottling of North Texas, 3400 Fossil Creek. He stated that the I-35 Coalition's goal was to keep I-35 moving and would be discussing design guidelines for I-35. He also expressed appreciation to City of Dallas Deputy Mayor Pro tem Dr. Elba Garcia and City of Arlington Council Member Robert Rivera for joining him in the second event of the North Texas Hispanic Summit on August 28, 2006, at All Saints Catholic Church. He stated that their next meeting would be held in Dallas in November. He also expressed appreciation to the Fort Worth Police Department for leading a very successful raid relating to gangs in District 2 last week. He also stated that many events were held in the Stockyards over the holiday weekend and commended the Police Department for maintaining law and order for all the City's guests and residents. Council Member Davis extended Happy Birthday wishes to Mayor Moncrief. Mayor Moncrief expressed appreciation for the well wishes and announced that today was also his wife Rosie's birthday, who was in the audience. Agenda Item VII Council Member Silcox requested that Mayor and Council Communication No. Withdrawn from G-15378 be withdrawn from the consent agenda. 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 Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1573 M&C OCS-1573 - 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 SEPTEMBER 5, 2006 PAGE 3 of 28 G-15377 M&C G-15377 - Adopting Resolution No. 3405-09-2006 ratifying the lawsuit Res. No. 3405-09- entitled City of Fort Worth, et al. v. Greg Abbott, Attorney General, in Travis 2006 County District Court pursuant to Chapter 552 of the Texas Government Code. Ratify Lawsuit Entitled City of Fort Worth, et al. v. Greg Abbott, Attorney General G-15379 M&C G-15379 - Authorizing the City Manager to apply for and accept a grant Ord. No. 17133- from the National Institute of Justice for the Crime Lab in the amount of 09-2006 $95,000.00; and adopting Appropriation Ordinance No. 17133-09-2006 Grant from increasing estimated receipts and appropriations in the Grants Fund in the National Institute amount of$95,000.00, subject to receipt of the Paul Coverdell Forensic Science of Justice for Grant from the National Institute of Justice, for the purpose of funding training Crime Lab and a laboratory information management system for the Crime Lab in the Police Department. P-10448 M&C P-10448 - Authorizing a sole source purchase of a Sensus Data Logging Sensus Data and Meter Reading System from National Waterworks, Inc., for the Water Logging and Department for an amount not to exceed $44,080.01. Freight is included and Meter Reading payment is due 30 days from the date of the invoice. System P-10449 M&C P-10449 - Authorizing a purchase agreement for litter removal services Litter Removal with Goodwill Industries through the Texas Industries for the Blind and Services Handicapped for the Parks and Community Services Department with payments due 30 days from the date of the invoice; and authorizing this agreement to begin September 5, 2006, and expire September 4, 2007, with options to renew for four additional one-year periods. L-14240 M&C L-14240 - Authorizing the City Manager to execute two General Convey Property Warranty Deeds conveying property described as Site 1 being a 14.66 acre tract to CentrePort of land out of the Vincent J. Hutton Survey, Abstract No. 681, Tarrant County, Ventures, Inc., Texas, and being a portion of Block 311, Area 3, Section 4, Centreport, to be and Accept used for the construction of a 108,000 square foot office building, and Site 2 Avigation being a portion of 9.901 acre tract of land out of the Vincent J. Hutton Survey, Easements Abstract No. 681, Tarrant County, Texas, to be used for the construction of a neighborhood retail shopping center, to CentrePort Venture, Inc., and/or its assignees; and authorizing the acceptance, filing and recording by the City, of two avigation easements and release from CentrePort Venture, Inc., and/or its CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 4 of 28 assignees covering the same properties in favor of the cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport. L-14241 M&C L-14241 - Authorizing the acquisition of one vacant lot and three single Acquire Property family residences from the individual owners as detailed below in conjunction for Meacham with the Meacham International Airport Mitigation Program (DOE 5101): International Airport Mitigation Grantor Property Address Property Description Program Hill Specialty 3505 Chestnut Avenue Lot 13, Block 5,Worth Hills Addition Beatriz Murillo 3503 Chestnut Avenue Lot 12, Block 5,Worth Hills Addition Alfredo Rivera and 3501 Chestnut Avenue Lot 11, Block 5, Dora A. Trevino Airport Acres Addition Joseph Plata 3410 Columbus Avenue Lot 5, Block 5,Airport Acres Addition Finding that the prices offered, plus an estimated real estate tax prorated amount not to exceed $5,000.00 for a total cost of $190,575.00 is just compensation; and authorizing the recording of appropriate instruments. C-21652 M&C C-21652 - Authorizing the execution of an Underground Pipeline West Fork Easement Agreement with West Fork Pipeline, L.L.C., for a natural gas Pipeline, L.L.C. pipeline across tax-foreclosed property at 1776 Berry Street, S.P. Loving Survey, A-943, Tract 1P3, 1P17 in the amount of $13,335.00 for a term of 20 years. C-21653 M&C C-21653 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33761 with Peachtree Construction, Ltd., for 1 to CSC No. asphalt pavement rehabilitation on Wichita Street, Anglin Drive and Lon 33761 - Peachtree Stephenson Drive in Forest Hill, in the amount of $26,763.05, to provide for Construction, Ltd. increased pay item quantities, thereby increasing the contract amount to $1,143,546.45. C-21654 M&C C-21654 - Approving the cancellation of the 50-year lease agreement Joseph Bianco with Joseph Bianco for city-owned property located at 7750 Malaga Drive (Lot 9, Block 7, Lake Worth Lease Survey). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 5 of 28 C-21655 M&C C-21655 - Authorizing the City Manager to execute an amended Local Texas Department Transportation Project Advance Funding Agreement with the Texas of Transportation Department of Transportation in the amount of $375,824.00 for the reconstruction of portions of the westbound and eastbound frontage roads along IH 20 east of Anglin Drive. C-21656 M&C C-21656 - Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 32598 with Hellas Construction, Inc., for 2 to CSC No. removal action and renovation of soccer fields at Gateway Park, in the amount 32598 - Hellas of$27,416.12, thereby increasing the contract amount to $4,796,169.63. Construction, Inc. C-21657 M&C C-21657 - Authorizing the City Manager to execute a contract with Metric Concrete Metric Concrete Services, Inc., in the amount of $291,860.45 (Base and Services, Inc. Alternate Bids)for parking improvements at Forest Park. 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 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 supporting submission of six proposed Res. No. 3406-09- resolutions for consideration by the Texas Municipal League (TML) at its 2006 2006 Annual Meeting. Support Submission of Council Member Silcox requested staff provide clarification on what action the Proposed resolution was asking TML to support. Resolutions by TML at 2006 Mr. Reid Rector, Acting Director of Governmental Relations, explained that the Annual Meeting resolution sought TML support of six proposed resolutions reflecting valid positions and concerns of the City and asked them to adopt a legislative position consistent with the six positions. He added that there was no guarantee that TML would adopt one or all of the proposed resolutions. Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3406-09-2006 and the following proposed resolutions be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 6 of 28 Res. No. 3406A- Resolution No. 3406A-09-2006: Regarding the need to oppose legislative 09-2006 efforts to amend current laws and regulations governing appraisal and revenue Oppose Legislative caps. Efforts to Amend Current Laws & Regulations for Appraisal and Revenue Caps Res. No. 340611-09- Resolution No. 3406B-09-2006: Requesting the Texas Municipal League to 2006 urge the Texas Transportation Commission (TTC) to integrate land use Urge TTC to planning into the Trans Texas Corridor Project. Integrate Land Use Planning into Trans Texas Corridor Project Res. No. 3406C- Resolution No. 3406C-09-2006: Regarding changes in the Housing Tax Credit 09-2006 Program Qualified Allocation Plan and Rules with Amendments. Changes in Housing Tax Credit Program Qualified Allocation Plan & Rules With Amendments Res. No. 3406D- Resolution No. 3406D-09-2006: Requesting the Texas Municipal League to 09-2006 seek introduction of, or support legislation that authorizes municipalities to Authorize enact adequate public facilities ordinances. Municipalities to Enact Adequate Public Facilities Ordinances Res. No. 3406E-09- Resolution No. 3406E-09-2006: Requesting the Texas Municipal League to 2006 seek introduction of, or support legislation giving greater municipal control Give Greater over the creation of special districts within extraterritorial jurisdictions (ETJ). Municipal Control Over Creation of Special Districts within ETJ CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 7 of 28 Res. No. 3406F-09- Resolution No. 3406F-09-2006: Requesting the Texas Municipal League to 2006 seek introduction of, or support legislation that provides municipal land use Provide Municipal authority in extraterritorial jurisdictions (ETJ). Land Use Authority in ETJ The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. Res. No. 3407-09- There was presented a resolution appointing four members to the Board of 2006 Directors of the Central City Local Government Corporation to fill vacancies Appointments to on the Board and acknowledging the current board members as follows: Board of Directors of Central City The persons listed below are hereby appointed to the Board of Directors to fill Local Government unexpired terms that will expire on April 30, 2007: Corporation NAME Carter Burdette (replacing John Stevenson) Salvador Espino (replacing Jim Lane) Kathleen Hicks (replacing Ralph McCloud) Jungus Jordan (replacing Clyde Picht) The persons listed below are acknowledged as currently serving on the Board of Directors and their terms will expire April 30, 2007: NAME Roy Brooks Wendy Davis Mike Moncrief Chuck Silcox Danny Scarth Donavan Wheatfall Council Member Burdette made a motion, seconded by Council Member Davis, that Resolution No. 3407-09-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 8 of 28 Agenda Item XIV There was presented an ordinance amending Ordinance No. 17096-08-2006 Ord. No. 17134- ordering a special election by the qualified voters of the City of Fort Worth, 09-2006 Texas, on Tuesday, the 7th day of November, 2006, on the question of whether Amend Ord. No. the City of Fort Worth should be authorized to recognize an employee 17096-08-2006 association as a sole and exclusive bargaining agent for the Municipal Police Ordering Special Officers and authorizing the City of Fort Worth to make agreements with the Election on employee association as provided by law, to change and delete additional Tuesday, voting day locations. November 7, 2006 Council Member Silcox made a motion, seconded by Council Member Scarth, that Ordinance No. 17134-09-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15378 There was presented Mayor and Council Communication No. G-15378 from Res. No. 3408-09- the City Manager recommending that the City Council authorize the City 2006 Manager to retain Roland Johnson of the law firm of Harris, Finley & Bogle, Employ Outside P.C., as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, Counsel to Assist to advise the Fort Worth Firefighters' and Police Officers' Civil Service in Advising Civil Commission on Open Meeting issues; and adopt a resolution fixing in advance, Service as far as practicable, the amount to be paid to Roland Johnson, in an amount not Commission on to exceed $10,000.00. Open Meeting Issues Council Member Silcox stated that he could not support this issue. He explained that the Civil Service Commission was counseled by the City's Law Department, did not like the Law Department's response, and therefore wanted outside legal counsel representation. City Attorney Yett responded by stating that staff had discussed this issue with the Civil Service Commission and the Chair of the Commission had requested that outside legal counsel be hired to look at this one legal technical issue relating to the Texas Open Meetings Act. He recommended that the Council hire the outside legal counsel based on the request of the Chair of the Civil Service Commission to get this issue resolved. He added that the Law Department had rendered an opinion, but the Commission wanted to get a second opinion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 9 of 28 Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15378 be approved and Resolution No. 3408-09-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. G-15380 There was presented Mayor and Council Communication No. G-15380 from Confirm the City Manager recommending that the City Council confirm the Reappointment of reappointment of Mr. David Hernandez as a member of the City of Fort Worth Firefighters' and Firefighters' and Police Officers' Civil Service Commission for a three-year Police Officers' term expiring October 1, 2009. Civil Service Commissioner Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15380 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15381 There was presented Mayor and Council Communication No. G-15381 from Reallocate CDBG the City Manager recommending that the City Council authorize the City Year XXVIII, Manager to approve reallocation of$1.3 million of CDBG Year XXVIII, XXIX XXIX and XXX and XXX Unprogrammed Funds to the Street Maintenance Program. Unprogrammed Funds to Street Council Member Espino made a motion, seconded by Council Member Davis, Maintenance that Mayor and Council Communication No. G-15381 be approved. The Program motion carried unanimously nine (9) ayes to zero (0) nays. G-15382 There was presented Mayor and Council Communication No. G-15382 from Appoint Kim the City Manager recommending that the City Council appoint Kim Martin of Martin to Capital the Fort Worth City Plan Commission to the Capital Improvements Advisory Improvement Committee for Transportation Impact Fees; and discharge Steve Montgomery Advisory and Elizabeth Tindall, formally of the Fort Worth City Plan Commission, from Committee and the Capital Improvements Advisory Committee for Transportation Impact Fees. Discharge Steve Montgomery and Council Member Wheatfall made a motion, seconded by Council Member Elizabeth Tindall Espino, that Mayor and Council Communication No. G-15382 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15383 There was presented Mayor and Council Communication No. G-15383 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Carter-Riverside Carter-Riverside neighborhood from "A-5" One-Family, "A-5/HC" One-Family with Historical Neighborhood Overlay, "B" Two-Family, "C" Medium Density Multifamily, "D" High Density Multifamily, "CF" Community Facility, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "G" Intensive Commercial, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 10 of 28 "J" Medium Industrial and "PD" Planned Development to "A-10" One-Family, "A-7.5" One-Family, "A-5" One-Family, "B" Two-Family, "R2" Townhouse/Cluster, "CF" Community Facility, "CF/HC" Community Facility with Historical Overlay, "E" Neighborhood Commercial, "FR" General Commercial Restricted, and"PD" Planned Development. Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15383 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15384 There was presented Mayor and Council Communication No. G-15384 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Jarvis Manager to initiate certain zoning changes for the Jarvis Heights portion of the Heights Portion of Diamond Hill neighborhood from "A-5" One-Family, "B" Two-Family, "CR" Diamond Hill Low Density Multifamily, "E" Neighborhood Commercial, "FR" General Neighborhood Commercial Restricted, and"K" Heavy Industrial to"A-5" One-Family. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15384 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15385 There was presented Mayor and Council Communication No. G-15385 from Adjust Current the City Manager recommending that the City Council authorize the City Athletic Field Manager to approve adjustments of all rental fees for athletic fields in the City Rental Fees and of Fort Worth and establish new fees for the new synthetic turf athletic fields at Establish Rental Gateway Park. Fees for Synthetic Turf Athletic Council Member Scarth made a motion, seconded by Council Member Davis, Fields at Gateway that Mayor and Council Communication No. G-15385 be approved. The Park motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15386 consider a request for variance from Section 4-4 of the City Code to allow a Variance to Allow package store and the sale of alcoholic beverages at 1217 Freeman Street. Package Store and Mayor Moncrief opened the public hearing and asked if there was anyone Sale of Alcoholic present desiring to be heard. Beverages at 1217 Freeman Street Ms. Susan Alanis, Development Department Deputy Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15386, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 11 of 28 There was presented Mayor and Council Communication No. G-15386 from the City Manager recommending that the City Council consider the request from Ms. DeEtta Mitchell for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages at 1217 Freeman Street (AA06- 00002)located within 300 feet of a church. Alexander Davis Mayor Moncrief recognized Mr. Alexander Davis, 4917 Old Mansfield Road, as being in opposition of the variance and stated that he did not wish to address the Council. Mayor Pro tem Hicks advised the Council that a copy of a letter had been distributed to them from the Fort Worth Metropolitan Black Chamber of Commerce that addressed bringing positive economic enterprise to southeast Fort Worth. She expressed concern that this business was located 145 feet from a church and that approval of the variance would be setting a precedence. She urged the Council to vote against the variance with prejudice. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15386 be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14242 There was presented Mayor and Council Communication No. L-14242 from the Acquire Property City Manager recommending that the City Council authorize the acquisition of for Runway three parcels of vacant land described as a portion of the P.M. Smith Survey, Extension Project Abstract No. 1170, Denton County, Texas, from various owners, located at Fort Worth northwest of Fort Worth Alliance Airport for the relocation of FM 156 as part Alliance Airport of the Runway Extension Project at Fort Worth Alliance Airport (DOE 4867); find that the prices offered are just compensation, plus estimated closing costs in the amount of $10,300.00 for a total cost not to exceed $1,330,595.00; and authorize the acceptance and recording of appropriate instruments. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14242 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14243 There was presented Mayor and Council Communication No. L-14243 from the Acquire Property City Manager recommending that the City Council authorize the payment of for Southwest $180,000.00 to Herbert Roane and wife, Ila Beth Roane, to acquire real Parkway (S.H. property located in the Vickery Corridor, for right-of-way of the Southwest 121) Parkway (S.H. 121) (DOE 3777), and estimated closing costs of$2,088.00; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 12 of 28 authorize the appropriate City representatives to execute the documents necessary to complete the purchase of 4505 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 88, described as 0.160 acres, more or less, being the remainder of Lot 2, Block 1 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14243 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21658 There was presented Mayor and Council Communication No. C-21658 from the Howell City Manager recommending that the City Council authorize the City Manager Instruments, Inc. to execute a lease agreement with Howell Instruments, Inc., for 4.232 acres of land, located at 3479 West Vickery Boulevard, Fort Worth, Texas 76107. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21658 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21659 There was presented Mayor and Council Communication No. C-21659 from the One SR, L.P., City Manager recommending that the City Council authorize the City Manager Sendera Ranch, to execute a Community Facilities Agreement with One SR, L.P., Sendera LTD., and Two Ranch, LTD., and Two SR, L.P., for the installation of the Northside II 42-inch SR, L.P. approach water main to serve Sendera Ranch, Sendera Ranch East, and other adjacent developments. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21659 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21660 There was presented Mayor and Council Communication No. C-21660 from the Two SR, L.P. City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Two SR, L.P., for the installation of the Northside II 42-inch water main and the Northside III 36-inch water main to serve Sendera Ranch, Sendera Ranch East, and other adjacent developments. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21660 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 13 of 28 C-21661 There was presented Mayor and Council Communication No. C-21661 from the One SR, L.P., City Manager recommending that the City Council authorize the City Manager Sendera Ranch, to execute a Memorandum of Understanding with One SR, L.P., Sendera LTD., and Two Ranch, LTD., Two SR, L.P., and AIL Investments, L.P., for the construction of SR, L.P., and AIL the Sendera Ranch Northside II Water Line Extension and Ground Storage Investments, L.P. Tank, Northside III Water Line Extension and Northside III and IV Pump Station, outlining the parties cost participation and responsibilities for the water facilities design and construction. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21661 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21662 There was presented Mayor and Council Communication No. C-21662 from the One SR, L.P., City Manager recommending that the City Council authorize the City Manager Sendera Ranch, to execute a Community Facilities Agreement with One SR, L.P., Sendera LTD., and Two Ranch, LTD., and Two SR, L.P., for the installation of the Sendera Ranch SR, L.P. Pump Station and Ground Storage Tank to serve Sendera Ranch, Sendera Ranch East, and other adjacent developments. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21662 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21663 There was presented Mayor and Council Communication No. C-21663 from the Two SR, L.P., a City Manager recommending that the City Council authorize the City Manager Texas Limited to execute a Community Facilities Agreement with Two SR, L.P., a Texas Partnership by Limited Partnership by Centanter Terrace, L.C.C., its general partner, for the Centanter installation of a 36-inch water main to serve Sendera Ranch, Phase VI, Section Terrace, L.C.C., 113, a future single-family home development, located in far northwest Fort its General Worth. Partner Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21663 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21664 There was presented Mayor and Council Communication No. C-21664 from the Ord. No. 17135-09- City Manager recommending that the City Council: 2006 Change Order No. 2 - Joe R. Jones Construction,Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 14 of 28 1. Authorize the use of existing revenue derived from natural gas well leases on city-owned airport properties for funding of Change Order No. 2 with Joe R. Jones Construction, Inc., to construct an Air Traffic Control Tower at Fort Worth Spinks Airport; 2. Authorize the transfer of $96,500.00 from the Aviation Improvements Capital Projects Fund to the Airport Grant Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Airport Grant Fund in the amount of $96,500.00 from a transfer from the Aviation Improvements Capital Projects Fund for the purpose of executing Change Order No. 2 with Joe R. Jones, Inc., for the upgraded tower equipment and emergency standby generator for the Air Traffic Control Tower at Spinks Airport; and 4. Authorize the City Manager to execute Change Order No. 2 with Joe R. Jones Construction, Inc., for the upgraded tower equipment and emergency standby generator for the Air Traffic Control Tower at Fort Worth Spinks Airport. Mayor Pro tem Hicks recognized her mother, former judge Mary Ellen Hicks and Vice Chair of the Fort Worth Independent School District Board, Dr. Camille Rodriguez in the audience. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21664 be approved and Appropriation Ordinance No. 17135-09-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVI It appeared that the City Council set today as the date for the public hearing in Budget Hearing connection with the proposed Fiscal Year 2006-2007 Appropriation Ordinance and Ad Valorem Tax Levy Ordinances. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the public hearing, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 15 of 28 AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-118 It appeared that the City Council, at its meeting of August 8, 2006, continued Approved/Denied the hearing of the application of J.C. Lindsey Family Partnership for a change Without Prejudice in zoning of property located in the 1700 block of Avondale Haslet Road from "A-5" One-Family Residential to (Tract 3) "A-10" One-Family Residential; (Tract 4) "A-21" One-Family Residential; and (Tracts 2 and 5) "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, with site plan required, Zoning Docket No. ZC-06-118. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Burdette expressed concern with rezoning Tract 2 from "A-5" to "PD/SU". He stated that the "A-5" block abutted and bordered Avondale Haslet Road, a narrow two lane tar road, with a lot of traffic and that rezoning of this "PD/SU" could be done at a later time. He added that the applicant did not have any plans for developing that area at this time and would request that the zoning change be approved with the exception of Tract 2 which would remain"A-5". Julianne McGee Ms. Julianne McGee, 2630 W. Freeway, appeared before Council in support of the rezoning and stated that there would not be a problem with the removal of Tract 2 from rezoning request. Jon Durham Mr. Jon Durham, 7152 Bridges Street, Richland Hills, Texas, appeared before Council in support of the rezoning and asked for clarification that Tract 5 would be rezoned to "PD/SU". Mayor Moncrief responded that Tract 5 would be rezoned "PD/SU" and that Tract 2 would remain"A-5". There being no one else present desiring to be heard in connection with the application of J.C. Lindsey Family Partnership, Council Member Burdette made a motion, seconded by Council Member Jordan, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-118 be approved with the exception of Tract 2 being denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 16 of 28 ZC-06-168 It appeared that the City Council, at its meeting of August 8, 2006, continued SP-06-018 the hearing of the application of Richard A. Skipper for a change in zoning of Approved property located at 2900, 2904, 2908, 2912 and 2916 Stuart Drive from "B" Two-Family Residential to (Lots 20 and 21) "PD/SU" Planned Development/Specific Use for parking area, with a 6-foot chain link fence and a 30-inch landscape hedge along the front yard, and with site plan required, and (Lots 22 through 24) "E" Neighborhood Commercial, Zoning Docket No. ZC- 06-168 and Site Plan No. SP-06-018. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Richard A. Skipper, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-168 and Site Plan No. SP-06-018 be approved. 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 Commercial Recorder, the official newspaper of the City of Fort Worth, on July 26, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-286 Council Member Davis explained that City representatives met with SP-05-054 development representative and the owner of the property a few weeks ago and Continued Until since that meeting, the site plan had been amended so that it was for personal October 3,2006 use only. She added that the neighborhood had not been given an opportunity to absorb that information and provide their position on the amendment and she would therefore ask for a continuance. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the application of Juan Acosta for a change in zoning of property located in the 3500 block of McClure Street from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "B" Two-Family Residential; plus saddle riding club with stables and arena; hours of operation are Sunday through Thursday 8:00 a.m. to 10:00 p.m., Friday and Saturday 8:00 a.m. to 11:00 p.m., and with site plan required, Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054 be continued until the October 3, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 17 of 28 ZC-06-119 Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, Approved that the application of Pear Synergy, Ltd., for a change in zoning of property located in the 3700 block of Sycamore School Road from "C" Medium Density Multi-Family Residential to (Tract 1) "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, and (Tract 2) "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, plus mini warehouse, excluding uses as reflected below, and with site plan required for both tracts, Zoning Docket No. ZC-06-119, be approved. Tract 1 1. Prohibit the following uses: • Sexually oriented business • Tattoo parlors • Pawn shops • Veterinary • Pornography may not be sold • Outside pay phones • Paraphernalia/Head shops • Liquor stores 2. Fencing along the adjacent single-family lots will be an 8-foot precast masonry wall. 3. Lighting will be designed not to interfere with neighboring homes. 4. Trash receptacles shall be fenced and gated. 5. Landscape designs shall be similar to the shopping center south of Albertsons. 6. "E" District will provide a 10-foot rear landscape buffer. 7. "E" District will provide landscape areas in accordance with current City criteria, however, 25 percent additional plant material will be installed. In addition, storage uses will be specifically prohibited in the"E" zoning limits. Tastefully designed pylon signs are allowed to provide adequate signage for users. Tract 2 1. Prohibit the following uses: • Sexually oriented business • Tattoo parlors CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 18 of 28 • Pawn shops • Veterinary • Pornography may not be sold • Outside pay phones • Paraphernalia/Head shops • Liquor stores • Car wash • Auto parts store 2. Fencing along the adjacent single-family lots will be an 8-foot precast masonry wall. 3. Lighting will be designed not to interfere with neighboring homes. 4. Trash receptacles shall be fenced and gated. 5. Landscape designs shall be similar to the shopping center south of Albertsons. 6. "E" District will provide a 10-foot rear landscape buffer. 7. "E" District will provide landscape areas in accordance with current City criteria, however, 25 percent additional plant material will be installed. 8. Any storage facility will be single story. 9. Any storage facility will be restricted from carports RV/boat storage. 10. Any storage facility will not be a 24 hour facility. 11. Any storage facility will be situated with doors facing east where possible. 12. An 8-foot masonry wall will be constructed along the single family lots. This wall will be installed with the first permit issued. 13. Buildings will be single story. 14. Signage will be monument signage and will be made part of the PD. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-169 Council Member Wheatfall made a motion, seconded by Council Member SP-06-022 Davis, that the application of Texas Manhole Company for a change in zoning Approved of property located at 5029 Sun Valley Drive from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for a warehouse/office facility, with site plan required, Zoning Docket No. ZC-06-169 and Site Plan No. SP- 06-022, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 19 of 28 ZC-06-170 Mr. Jorge Pascual, 2225 E. Lancaster Avenue, applicant for the zoning change, Denied With appeared before Council in support of the rezoning. He explained that the Prejudice request for a zoning change was based on the high cost of gasoline negatively Jorge Pascual impacting his business. He added that the new zoning would create other business opportunities and requested the Council approve the change. Wanda Conlin Ms. Wanda Conlin, 1755 Martel Avenue, representing the West Meadowbrook Neighborhood Association, appeared before Council in opposition of the zoning change. She stated that the neighborhood association had supported Mr. Pascual's initial Planned Development rezoning a few years ago. She added that the neighborhood had been before Council before requesting that no more auto-related uses be placed on East Lancaster until they could get their plans together for redevelopment of this very essential commercial corridor. She stated that there were too many auto-related uses along the corridor and asked the Council to deny the rezoning. Mayor Pro tem Hicks stated that she had met with Mr. Pascual before he went before the City Zoning Commission and advised him that the community would most likely not support the rezoning. She added that she had received opposition from the West Meadowbrook Neighborhood Association, East Fort Worth Business Association and Central Meadowbrook Neighborhood Association on the rezoning. She read an excerpt from the City Zoning Commission meeting stating that the proposed zoning did not comply with the Comprehensive Plan policies to encourage appropriate development and redevelopment within the Central City Commercial District and neighborhoods and also to preserve and protect residential neighborhoods from incompatible land uses. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the application of Jorge Pascual for a change in zoning of property located at 2217, 2221, 2225, 2229, 2233, 2237 and 2301 East Lancaster Avenue from "PD-343" Planned Development for a wholesale ice cream distribution facility to "FR" General Commercial Restricted, Zoning Docket No. ZC-06-170, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-171 Council Member Espino made a motion, seconded by Council Member Continued Until Burdette, that the application of Lucy Pham for a change in zoning of property October 3,2006 located at 1222 and 1224 Clinton Avenue from "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; the following uses are excluded: pawn shop, tattoo CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 20 of 28 and massage parlor; beer and wine sales only; hours of operation are Monday through Thursday 5:30 a.m. to 11:00 p.m., Friday through Sunday 5:30 a.m. to 12:00 a.m.; a six foot masonry screening wall fence shall be placed at the rear of the property with a gate and knox lock; any lighting to be directed away and downward from single-family residences, and with site plan required, Zoning Docket No. ZC-06-171, be continued until the October 3, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-174 Council Member Espino stated that he had received an e-mail from the Approved Oakhurst Neighborhood Association expressing their concerns about the project with respect with the widening of I-35. He added that he was sensitive to those concerns; however, the applicant had met all the legal requirements for the change and that it was passed by the City Zoning Commission unanimously. He further stated that he would work with the neighborhood association on the widening of I-35. Council Member Espino made a motion, seconded by Council Member Wheatfall, that the application of El Mercado Group, L.P., for a change in zoning of property located at 1351 East Northside Drive from "O-1" Floodplain to "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial, plus hotel with supplemental provisions; excluding uses as reflected below, and with site plan required, Zoning Docket No. ZC-06-174, be approved. Public and Civic Uses Probation or Parole Office Ambulance dispatch station Blood bank Hospital Electric power sub-station Utility transmission or distribution line Water supply, treatment or storage facility Commercial Uses Bowling alley Sexually oriented business Club,commercial or business Theater,drive-in Massage therapy Business College or commercial school Swimming pool,commercial Cold storage plant or ice plant RV Park Express office Clothing/wearing apparel sales,used Firewood sales Convenience store Furniture upholstery,refinishing or resale Furniture sales,used(in a building) Laundry,dry cleaning or washateria Gunsmithing,repairs or sales Mini-warehouses Liquor or package store Pawn shop Newspaper distribution center Tattoo parlor Print centers,commercial with offset Automotive repair,paint and body shop printing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 21 of 28 Car wash,full or self-service Garage, storage only Gasoline sales Parking area or garage,commercial or auxiliary Service station Amusement,outdoor Bar,tavern,cocktail lounge;private or Drive-in,restaurant or business teen Transportation Airport,aviation field,heli-stop or landing area;passenger station Accessory Uses Amusement,outdoor(temporary) Itinerant vendor,edible items Trailer(portable)used for sales, Batch plant,concrete or asphalt construction or storage (temporary) Residence for security purposes Waste Recycling collection facility Notwithstanding the foregoing,the limited uses will be permitted: A. A parking area or garage, so long as such use is in conjunction with, or auxiliary to,an onsite business. B. A temporary residence for security purposes. C. A temporary trailer(portable)used for construction or storage purposes.A D. A bar,tavern, or cocktail lounge shall be permitted if such use is a part of, or in connection with,a hotel,motel,or restaurant. Development Standards Property Development Standards will be the same as set forth in the "F" General Commercial District,except for height. A height of 5 stories or 75 feet maximum shall be permitted. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-179 Council Member Davis made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located at 3116 through 3257 Cockrell Avenue, 3117 through 3257 Greene Avenue, 3120 through 3257 Waits Avenue, 3118 through 3257 Lubbock Avenue, 3123 through 3253 Merida Avenue, 3132 through 3259 Sandage Avenue and 2612, 2700 and 2800 Benbrook Boulevard from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-179, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 22 of 28 Council Member Davis commended the efforts of the Blue Bonnet Neighborhood Association on this zoning change. SP-06-023 Council Member Silcox made a motion, seconded by Council Member Davis Approved that the application of K.G. Fischer for site plan of property located at 3734 Carolyn Road for a triplex, Site Plan No. SP-06-023, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-187 Council Member Burdette made a motion, seconded by Council Member SP-06-024 Wheatfall, that the application of John Thomas O'Shea et al., for a change in Approved zoning of property located at 3700 and 3704 Modlin Avenue from "B" Two- Family Residential and "PD-319" Planned Development for master planned medical facility to "PD/SU" Planned Development/Specific Use for townhomes, and with site plan required, Zoning Docket No. ZC-06-187 and Site Plan No. SP-06-024, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-188 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Approved that the application of Mohammed Saleem for a change in zoning of property located at 2500 East Berry Street from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; excluding uses as reflected below, and with site plan required, Zoning Docket No. ZC-06-188, be approved. Restricted Uses - The following uses will not be allowed: • Stealth Telecommunication Tower • Telecommunications Tower • Amusement, Outdoor • Tattoo Parlor • Taxidermist Shop • Liquor Package Store • Sexually Oriented Business • Hotel or Motel Liquor Sales - The sale of liquor is restricted from all structures with the exception of(1) restaurants and (2) grocery stores exceeding 20,000 square feet in size. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 23 of 28 Convenience stores may be allowed to sell beer and wine only if the sale of gasoline is offered at such stores. In addition, no high alcohol content or fortified wines and/or beverages such as malt liquors or non table wines may be sold and no smoking paraphernalia specifically including pipes, roach clips and rolling paper. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-189 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Approved that the application of The Grand Lodge of Texas, et al., for a change in zoning of property located at 3600 Wichita Street from "C/DD" Medium Density Multi-Family Residential/Demolition Delay to (Tract 1) "PD/SU/DD" Planned Development/Specific Use/Demolition Delay, for all uses in "E" Neighborhood Commercial; excluding uses as reflected below, and with site plan required; (Tracts 2 and 4) "A-5/1313" One-Family Residential/Demolition Delay; (Tract 3) "PD/SU/DD" Planned Development/Specific Use/Demolition Delay for all uses in "CF" Community Facilities, and with waiver of site plan recommended, Zoning Docket No. ZC-06-189, be approved. Tract 1 Restricted Uses - The following uses will not be allowed: • Stealth Telecommunication Tower • Telecommunications Tower • Amusement, Outdoor • Tattoo Parlor • Taxidermist Shop • Liquor Package Store • Sexually Oriented Businesses • Hotel or Motel Liquor Sales - The sale of liquor is restricted from all structures with the exception of(1) restaurants and (2) grocery stores exceeding 20,000 square feet in size. Convenience stores may be allowed to sell beer and wine only if the sale of gasoline is offered at such stores. In addition, no high alcohol content or fortified wines and/or beverages such as malt liquors or non table wines may be sold and no smoking paraphernalia specifically including pipes, roach clips and rolling paper. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 24 of 28 Signage - A maximum of two (2) "marquee" pole signs will be allowed, placed generally at the eastern and western corners of the tract. These "marquee" pole signs shall not exceed forty-five (45)feet in height. Project identification signage will be allowed within the overall height of forty- five (45)feet. Individual store signage shall be restricted to a maximum height of thirty (30) feet. Individual platted lots shall use monument signs only per the City sign ordinance. All other requirements of the City sign ordinance shall apply. Landscaping - All parking areas are to be significantly screened from public view to include but not be limited to earthen berms, evergreen hedgerows, evergreen trees or any combination thereof. Average height of screening shall be thirty (30) inches upon installation. All landscaped areas will be irrigated. Square footage - Any structure may be up to but shall not exceed 220,000 square feet. Hecht -Maximum height may be up to but shall not exceed sixty (60)feet. Loading Zones - Loading shall be substantially screened from public view when possible. (Tract 2) Drill Site Buffer - A portion of the single family residential tract will include a restricted use buffer area so that an unoccupied open space is established within six hundred (600)feet of any gas well head. (Tract 3) Maximum height of any structure may be up to but shall not exceed seventy- five (75) feet. Tower structures or steeples may exceed this height as per City ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 25 of 28 Project identification signage will be allowed within the overall height of forty- five (45)feet. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks stated that this was a moment for southeast Fort Worth and added that the proposal for the sale of the Masonic home had been on the table for sometime. She stated that at one point the entire 200 acres was to be used for subsurface drilling and that it was also zoned multi-family. She added that the community had expressed on numerous occasions that they did not want to see a proliferation of multi-family in the area and stated that in fact every step of the way the developer had met with the community to ensure the proper development and redevelopment of this community. She further stated that this was not about"selling out" with this property; it was about integrating higher end housing in an area that had seen little to no development in her generation. She added that her role as the District 8 representative was to not just sit at the table, but to be very committed to ensuring the quality and aggressive redevelopment of southeast Fort Worth in an area that had been sadly overlooked and underserved. AGENDA ITEM XVIIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-023 Council Member Scarth made a motion, seconded by Council Member Espino, SP-06-008 that the application of Thomas L. Ponder for a change in zoning of property Denied With located at 8200 and 8300 Randol Mill Road from "PD-539" Planned Prejudice Development for uses in "E" Neighborhood Commercial, with landscape business subject to "PD-539" requirements with the following uses, and site plan required, Zoning Docket No. ZC-06-023 and Site Plan No. SP-06-008, be denied with prejudice. General offices Antique shops Appliance, sales, supply and service Bakery Burglar alarm sales and service Caterer and wedding services Cold storage plant Commercial printing services Express office Furniture sales, new and used Furniture upholstery, finishing and sales CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 26 of 28 General merchandise store Greenhouse and plant nursery with outside storage of plant inventory Gunsmith, repair and sales Interior decorating Leather good shop Locksmith Medical supply/equipment sales and service Newspaper distribution center Retail sales, general Studio, art and photography Taxidermist shop Veterinary clinic/indoor kennel (no outdoor) Carpet and rug cleaning Furniture and cabinet repair and construction The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-184 Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, SP-06-025 that the application of Robert Petrie for a change in zoning of property located Denied With at 1212 Terrace Avenue from "B" Two-Family Residential to "PD/SU" Prejudice Planned Development/Specific Use for automotive repair with office, and with site plan required, Zoning Docket No. ZC-06-184 and Site Plan No. SP-06-025, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-191 Council Member Wheatfall made a motion, seconded by Council Member SP-06-026 Espino, that the application of Don Valk/Assured Group for a change in zoning Denied With of property located in the 7800 block of Ederville Road from "PD-563" Prejudice Planned Development for uses in "E" Neighborhood Commercial; plus indoor amusements, burglar alarms sales and service, express office, leather goods store, and mini warehouses, excluding alcoholic beverages for off premises consumption subject to "PD-563" requirements, plus hotel, and with site plan required, Zoning Docket No. ZC-06-191 and Site Plan No. SP-06-026, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 PAGE 27 of 28 ORDINANCE NO. 17136-09-2006 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 XVIII Mr. Joe Waller, 2533 Castle Circle, appeared before Council and expressed Citizen concern about gas drilling on park land at Lake Worth. He stated that the Lake Presentations Worth community was adamantly opposed to any change in the existing gas Joe Waller drilling policy because of the negative impact it could have on park land and the bad precedent it would set. He added that although the City would benefit from the opportunity of natural gas production, that was not one of the core purposes of City government; however preservation of neighborhoods and natural resources was a core purpose. He further stated that it was not necessary to accommodate industry operators to the detriment of park land as there were other options available. Mr. Waller pointed out that even though the City had not dedicated the 600 acres as park land, they had been designated as park land by virtue that maps dating back decades labeled the property as such and cited Chapter 26 of the Texas Parks and Wildlife Code as the authority for this statement. He referred to actions taken by former District 7 Council Members Jeff Wentworth and John Stevenson at Lake Worth and stated that minerals below Lake Worth could be harvested without disturbing the surface area. He concluded by stating the City should not offer public land as alternative drill sites when private property drill sites were available. He urged the Council to keep the current policy in place and not allow gas drilling on park land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 5,2006 PAGE 28 of 28 Agenda Item XX There being no further business, the meeting was adjourned at 8:06 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 12'h day of September, 2006. Attest: Approved• 0 Marty Hen ix Michael J. oncrief City Secretary Mayor