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HomeMy WebLinkAbout2006/10/03-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 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 7:02 p.m. on Tuesday, October 3, 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 Dr. Moises Rodriguez, Primera Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of September 26, 2006, and Minutes amended minutes of the regular meeting of September 12, 2006, were approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Ms. Barbara Donnici, representing Fort Worth Sister Cities International Special introduced the following members of a delegation from Reggio Emilia, Italy: Presentations Mayor Graziano Delrio, President of the City Council Nando Rinaldi, and Council Member Marco Elboli. Council Member Davis presented each of the members with a Molly pin. Mayor Delrio expressed his appreciation to the City for the hospitality and for the long history of sport and cultural exchanges between the two cities. He presented the City with the Italian flag and Mayor Moncrief accepted it on behalf of the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 2 of 50 Council Member Burdette presented a Proclamation for Physical Therapy Month to Renee Trotter and Mari Pyle, Physical Therapists from Harris Methodist Hospital. Council Member Espino presented Certificates of Recognition to the following former Boards and Commissions members: Ms. Juanita Ornelas, for her service on the Fort Worth Commission for Women from September 9, 2003, through March 28, 2006. Ms. Wendy Vann, for her service on the Building Standards Commission, from February 27, 2001, through July 11, 2006. Mayor Moncrief also acknowledged the following individuals for their service on boards or commissions as indicated and who were not present: Fort Worth Commission for Women Linda Metcalf July 22, 2003, through February 7, 2006 Grace Breeze September 9, 2003, through March 28, 2006 Marcy Paul September 9, 2003, through March 28, 2006 Joni Hagler January 11, 2005, through March 28, 2006 Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment Brian Bentley November 19, 2002, through October 1, 2006 Aviation Advisory Board Gary Martin October 17, 2000, through July 13, 2006 Historic and Cultural Landmarks Commission Sally Allsup October 29, 2002, through July 11, 2006 City Plan Commission Elizabeth A. Tindall January 15, 2002, through July 18, 2006 Animal Shelter Advisory Committee Bryan K. Stevens November 29, 2005, through October 1, 2006 Disciplinary Appeals Board Bettie Herring March 21, 2006, through August 15, 2006 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 3 of 50 Fort Worth Art Commission Janet Tyson September 3, 2004, through May 29, 2006 Ms. Kate Lovelady, Kids Who Care Resident Company Manager, introduced former Mayor for the Day Ms. Taylor O'Toole. Ms. O'Toole personally presented invitations to the Council to attend their concert, "Deep in the Heart" on Friday, October 13, 2006. Agenda Item VI Council Member Burdette announced that he attended a dinner on September Announcements 28, 2006, hosted by the Fort Worth Council of the Navy League of the United States and the guest of honor was Assistant Secretary of the Navy B. D. Penn. He stated Secretary Penn's duties included overseeing the continuation and closure of military bases and that he spoke at length about the Joint Naval Reserve Base in Fort Worth. He added that Secretary Penn was very interested to find that Council Member Silcox and himself served on the Joint Land Use Study Committee which was currently reviewing base operations and the relationship between the base and the City. He continued by stating that the committee would make recommendations to the Council with the hopes that policies could be designed for the future that would ensure the continued operation of the base in the City. He further stated that it was a great honor to meet the Secretary and that he was a great advocate of the base and would do all he could to keep the base in Fort Worth. Council Member Burdette also announced that last week the U.S. Congress approved the compromise on the continuous Wright Amendment. He commended the Mayor and the team he worked with for all the hard work and leadership on getting this accomplished. Mayor Moncrief stated that one of the reasons they were able to move the negotiations forward in the manner they did with the short fuse they had, was because of the confidence that the Council showed in him to be able to negotiate on behalf of the City. He added that it was a team effort and acknowledged City Attorney Yett and City staff in action with some of the finest lawyers in the business. Mayor Moncrief credited the Council with the team effort adding that it was the unity and strength of purpose that moved the team forward. He further stated that the bill was on its way to the President's desk and that he had indicated he had every intention of signing the bill. Council Member Espino announced that a meeting on the I-35 Improvement Study for the portion of I-35 and Spur 280 to Loop 820 would be held on October 5, 2006, at 7:00 p.m. at the Region 11 Education Service Center and at 3001 N. Freeway and invited everyone to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 4 of 50 Council Member Jordan invited everyone to attend a Police Forum on October 24, 2006, at 7:00 p.m. at Great Commission Baptist Church on McCart Avenue. He stated that Police Chief Ralph Mendoza and other Fort Worth Police Officers would host the forum. Council Member Davis announced that the FitFuture Kids Fest would be conducted on October 7, 2006, from 1:00 p.m. to 4:00 p.m. at the Will Rogers Memorial Center. She added there would be various activities to enjoy and invited everyone to attend. Council Member Silcox announced that Acme Brick would have their ground breaking ceremony on October 6, 2006, at 10:00 a.m. He stated that Acme Brick was the first company to be moving in to the SH 121 TIF and encouraged everyone to attend the ground breaking on Bryant Irvin Road south of Vickery Boulevard. Mayor Moncrief expressed appreciation to the Council in advance for their support of a resolution that would be presented at the October 10, 2006, Council meeting to name the new Fire Station 8 in honor of Vince Genovese. Mayor Moncrief stated that Mr. Genovese's generosity had made a difference in the City, having given personal fund expenditures for protection vests for the Police Department and thermal imaging systems for the Fire Department. He added that Mr. Genovese had also personally funded cancer treatment and accommodations for a firefighter sent to New York for treatment and had cooked meals at City fire stations on various occasions. Mayor Moncrief regretfully announced that Mr. Genovese was now in a hospice facility diagnosed with terminal cancer and that he could not think of a more fitting honor than to name Fire Station 8 after him. Agenda Item VII There were no items withdrawn 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 Council Member Silcox, seconded by Council Member Consent Agenda Espino, 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: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 5 of 50 OCS-1578 M&C OCS-1578 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15428 M&C G-15428 - Adopting Appropriation Ordinance No. 17222-10-2006 Ord. No. 17222- increasing estimated receipts and appropriations in the Information Systems 10-2006 Capital Projects Fund in the amount of $233,499.00 based on a three-year Ord. No. 17223- repayment from the Information Systems Fund, for the purpose of funding the 10-2006 purchase of computer technology equipment and maintenance services for the Inter-Fund Loan Engineering Department; authorizing Inter-Fund loan financing for the Financing for purchase of computer technology equipment and maintenance services for the Purchase of Engineering Department; and adopting Supplemental Appropriation Ordinance Computer No. 17223-10-2006 increasing appropriations in the Engineering Fund in the Technology amount of $54,804.00 and decreasing the unreserved, retained earnings by the Equipment and same amount, for the purpose of funding the purchase of computer technology Maintenance equipment and maintenance services for the Engineering Department. Services G-15429 M&C G-15429 - Approving an extension of injury leave-of-absence pay Extend Injury benefits for Police Officer Larry Carrell through March 7, 2007. Leave-of-Absence Pay Benefits for Police Officer Larry Carrell G-15430 M&C G-15430 - Approving an extension of injury leave-of-absence pay Extend Injury benefits for Police Officer Eduardo Mendoza through February 17, 2007. Leave-of-Absence Pay Benefits for Police Officer Eduardo Mendoza G-15431 M&C G-15431 - Authorizing travel and approving expenditures from the Fort Approval Travel Worth Commission for Women budget for travel to the Texas Conference of and Travel Women in Austin, Texas, October 11-12, 2006. Expenses for Fort Worth Commission for Women CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 6 of 50 P-10461 M&C P-10461 - Authorizing a purchase agreement for roofing materials with Roofing Materials Guardian Building Products for the City of Fort Worth based on sole bid received, with payments due 30 days from an invoice date; authorizing this agreement to begin October 3, 2006, and expire October 2, 2007, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". P-10462 M&C P-10462 - Authorizing the purchase of a rapid deployment kit system Rapid Deployment package, software, accessories, on-site training and service agreement from Kit System BST Technologies for the Fire Department based on sole bid received, for an Package, amount not to exceed $126,686.00. The shipping cost is included and the Software, invoice will be paid 30 days from the date of the invoice. Accessories, On- Site Training and Service Agreement P-10463 M&C P-10463 - Authorizing a sole source purchase agreement with Mapsco, Street Guides Inc., for street guides for the City of Fort Worth with shipping included in unit prices and payment due 30 days after receipt of invoice; and authorizing this agreement to begin October 3, 2006, and expire October 2, 2007. C-21750 M&C C-21750 - Authorizing the City Manager to execute a written consent to Cliff Millican Deed of Trust Lien by Cliff Millican in favor of Southwest Bank for Lease Site E-12 at Fort Worth Spinks Airport. The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Mr. Jerry Tinkle be appointed to Place 4 on the Board of Adjustment — City Council Residential, effective October 3, 2006, and with a term expiring October 1, Appointments 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox made a motion, seconded by Council Member Espino, that Cindy Tristan be appointed Place 3 on the Youth Advisory Board effective October 3, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief recognized former District 4 City Council Member Becky Haskin in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 7 of 50 Mayor Pro tem Hicks recognized Constable Sergio DeLeon in the Council Chamber. 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 honoring Cyrus Rowlett Smith upon his Res. No. 3415-10- induction into the Texas Transportation Hall of Honor. 2006 Honor Cyrus Council Member Davis made a motion, seconded by Council Member Silcox, Rowlett Smith for that Resolution No. 3415-10-2006 be adopted. The motion carried Induction into unanimously nine (9) ayes to zero (0) nays. Texas Transportation Hall of Honor Res. No. 3416-10- There was presented a resolution creating a Fort Worth Mayor's Advisory Task 2006 Force on Qualify Affordable Housing and outlining duties of the Task Force. Create Fort Worth The City Council hereby appoints the following people to the Mayor's Mayor's Advisory Advisory Task Force on Affordable Housing: Task Force on Quality Council Member Sal Espino, District 2 Affordable Council Member Kathleen Hicks, District 8 Housing Madelyn Gibbs, Council Aide, District 6 Tom Struhs, Residential Developer Ken Eberling, Downtown Fort Worth, Inc. Alex Jimenez, Chairman, Fort Worth Housing Authority Doug Guilliland, Fort Worth Homebuilders Association Kelly Allen-Gray, United Riverside Rebuilding Corporation Matthew Hudson, President, League of Neighborhoods Prentice Gary, Carleton Residential Properties Valerie Williams, Senior Vice President, Bank of America Val Wilkie, Sid Richardson Foundation Estrus Tucker, Chairman, Human Relations Commission Marty Martinez, Toro Realty, LLC Dale Erwin, Greater Fort Worth Association of Realtors James Harris, James Harris Partners Ed Ipser, Market Analyst and Appraiser CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 8 of 50 The City Council hereby approves the appointment of Sal Espino to serve as Chair of the Task Force and Alex Jimenez to serve as Vice Chair of the Task Force. Council Member Jordan expressed appreciation to the Mayor, Jerome Walker, Housing Department Director, and City staff for their work on this issue. He added that it was a very critical issue and was an area where the City could take a leadership role. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Resolution No. 3416-10-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15432 There was presented Mayor and Council Communication No. G-15432 from Res. No. 3417-10- the City Manager recommending that the City Council adopt a resolution 2006 designating the Audit and Finance Advisory Committee, approving initial Designate and members of the Committee; and approving the initial Chair and Vice Chair of Appoint Audit and the Committee as reflected below with terms expiring September 30, 2007: Finance Advisory Committee, Mike Moncrief Approve Initial Jungus Jordan Members, Chair Wendy Davis and Vice Chair Kathleen Hicks Garland P. Asher That the City hereby approves the appointment of Jungus Jordan to serve as Chair of the Committee and Wendy Davis to serve as Vice Chair of the Committee, both for terms expiring September 30, 2007. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15432 be approved and Resolution No. 3417-10-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 9 of 50 G-15433 There was presented Mayor and Council Communication No. G-15433 from Ord. No. 17224- the City Manager recommending that the City Council adopt an ordinance 10-2006 establishing a moratorium until January 16, 2007, on the acceptance of Establish applications for salt water disposal wells within the City limits pending Moratorium on consideration of revised regulations regarding salt water disposal wells in the Acceptance of current Gas Drilling Ordinance. Applications for Salt Water Mayor Pro tem Hicks expressed appreciation to the staff for moving forward Disposal Wells with the moratorium, stating that it was very important that everyone understand this issue and look at the wells within the City limits before going any further. Council Member Burdette explained the premise behind the moratorium and added that the Council and City staff determined additional study was needed on this issue. Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15433 be approved and Ordinance No. 17224-10-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15434 There was presented Mayor and Council Communication No. G-15434 from Pay Relocation the City Manager recommending that the City Council authorize the payment of and Moving relocation and moving expenses to Brown Bag, up to $20,000.00, as a displaced Expenses for business, from 3503 West Vickery Boulevard, Fort Worth, in the Vickery Right-of-Way of Corridor, Parcel No. 53-PT1-A2, for right-of-way for the Southwest Parkway Southwest Project(DOE 3777). Parkway Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15434 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15435 There was presented Mayor and Council Communication No. G-15435 from Ord. No. 17225- the City Manager recommending that the City Council adopt an ordinance 10-2006 amending the Code of the City of Fort Worth (1986), as amended, by the Amend Chapter amendment of Chapter 12.5, "Environmental Protection and Compliance", 12.5,Article VIII, Article VIII, "Solid Waste and Recycling", Division 4, "Deposits, Rates and Division 4, Section Collection"; amending Section 12.5-841.1 "Residential Collection Fees"; and 12.5-841.1 of City approving the following rates effective October 1, 2006: Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 10 of 50 CART SIZE CURRENT BASE RATE NEW BASE RATE (Plus Texas Sales Tax) (Plus Texas Sales Tax) 32 gallon $11.45 $12.75 64 gallon $16.45 $17.75 96 gallon $21.45 $22.75 Optional Yard Cart Purchase: One time fee of $75.00 includes assembly and maintenance of cart but does not include replacement if cart is lost or stolen. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15435 be approved and Ordinance No. 17225-10-2006 be adopted. The motion carried seven (7) ayes to two (2) nays, with Council Members Silcox and Jordan casting the dissenting votes. G-15436 There was presented Mayor and Council Communication No. G-15436 from Ord. No. 17226- the City Manager recommending that the City Council adopt an appropriation 10-2006 ordinance increasing appropriations in the Environmental Management Ord. No. 17227- Operating Fund in the amount of $27,000.00 and decreasing the unreserved, 10-2006 undesignated fund balance by the same amount, for the purpose of transferring Transfer Fund for said funds to the Environmental Management Project Fund to apply for a Administrative Municipal Setting Designation in support of the Trinity Uptown Project; Costs and approve the transfer of$27,000.00 in undesignated funds to the Environmental Application Fees Management Operating Fund to the Environmental Management Project Fund to Receive a (R101); and adopt an appropriation ordinance increasing appropriations in the Municipal Setting Environmental Management Project Fund in the amount of $27,000.00 from a Designation for transfer from the Environmental Management Operating Fund for the purpose Trinity Uptown of applying for a Municipal Setting Designation in support of the Trinity Project Uptown Project. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15436 be approved and Appropriation Ordinance Nos. 17226-10-2006 and 17227-10-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. L-14252 There was presented Mayor and Council Communication No. L-14252 from the Acquire Property City Manager recommending that the City Council authorize the payment of for Southwest $668,364.50 to Presbyterian Hospital of Dallas, a Texas nonprofit corporation, Parkway (S.H. formerly known as Texas Health System, a Texas nonprofit corporation, 121) located in the Vickery Corridor, to acquire real property for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and estimated closing costs of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 11 of 50 $4,783.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located on Harris Parkway, Fort Worth, Texas, Parcel 102, described as 2.012 acres, more or less, situated in the J.F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas. Council Member Jordan stated that this M&C and M&C L-14253 reflected the properties as being located in District 6 and advised that the properties were actually in District 3. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14252 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14253 There was presented Mayor and Council Communication No. L-14253 from the Acquire Property City Manager recommending that the City Council authorize the payment of for Southwest $61,726.50 to Presbyterian Hospital of Dallas, a Texas nonprofit corporation, Parkway (S.H. formerly known as Texas Health System, a Texas nonprofit corporation, 121) located in the Vickery Corridor, to acquire real property for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and estimated closing costs of $1,354.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located on Harris Parkway, Fort Worth, Texas, Parcel 107, part 1 and 2, described as 0.172 acres, more or less, and being out of Lot 2 and out of Lot 1, Block 1 of Harris Parkway Medical, 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-14253 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21749 There was presented Mayor and Council Communication No. C-21749, dated Texas Clean Cities September 26, 2006, from the City Manager recommending that the City Coalition Council approve membership by the City of Fort Worth in the Texas Clean Cities Coalition (the Coalition); authorize the City Manager to execute a participation agreement governing the City's membership in the Coalition; and appoint Brian Boerner to represent the City of Fort Worth's interests at Coalition meetings, with authorization for such representative to designate a substitute, if such representative is unable to attend any Coalition meeting. Council Members Scarth and Burdette requested Council consideration to abstain from voting on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 12 of 50 Council Member Jordan stated that there were words in the resolution that indicated there was a possibility the Coalition would bring litigation and intervention in the case of the electric generating plants and also to assess the City of Fort Worth for the cost of that litigation. He added that he fully supported the Clean Air movement and the City's participation in the group, but that he had been assured that the City could withdraw from the group if the Council did not appropriate funds or disagreed with any litigation action that might be brought. City Attorney Yett stated that because Council Members Scarth and Burdette had no legal conflict of interest, the Council needed to vote to allow them to abstain from voting. Council Member Silcox made a motion, seconded by Council Member Espino, to allow Council Members Scarth and Burdette to abstain from voting on Mayor and Council Communication No. C-21749. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis clarified that the Texas Clean Cities Air Coalition was a group made up of a number of municipalities and other entities that was formed for the purposes of asking the Texas Commission on Air Quality to review the permit applications that were put in front of them by utility companies. This process requires that utility companies show whether their emissions would have an impact on the area's attainment or non-attainment. She added it was a fact-finding request that sought information with regard to whether the City's air quality would be impacted by the creation of a particular utility generating plant. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21749 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Scarth and Burdette abstaining. Mayor Moncrief recognized Cub Scouts in the audience and asked them to introduce themselves. Eric Anderson, Den Leader stated that the Cub Scouts were from Troop 48 Weblos, Longhorn Council. He introduced the Weblos and his assistant Den Leader. C-21751 There was presented Mayor and Council Communication No. C-21751 from the City of Benbrook City Manager recommending that the City Council authorize the City Manager to execute a one year agreement with automatic one year renewal with the City of Benbrook for automatic and mutual aid fire protection. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 13 of 50 Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21751 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV It appeared that the City Council set today as the date for a second public Second Public hearing for a proposed City initiated full purpose annexation and service plan Hearing for approximately 533 acres of land in Tarrant County, located west of US Hwy City Initiated Full 377 and south of Westport Parkway (AX-05-023 Sunset Circle and Oak Haven Purpose Drive Enclave). Mayor Moncrief opened the public hearing and asked if there Annexation was anyone present desiring to be heard. (AX-05-023 Sunset Circle and Oak Ms. Allison Gray, Senior Planner, Development Department, appeared before Haven Drive Council and gave a staff report. Enclave) Mayor Moncrief stated that this public hearing and the one following dealt with a similar annexation and exactly the same language as just presented and asked City Attorney Yett if it were necessary to read all of the information into the record. City Attorney Yett responded by stating that it would not be necessary if Ms. Gray could verify that the same standards would be applied with the annexation area. Ms. Gray stated that the only difference in the two areas was that the property annexed in the public hearing following this hearing was that it would be served by a different beat of the Police Department, but that all the services remained the same. She stated that the Council would consider full purpose annexation between December 2008 and January 2009. There being no one present desiring to be heard in connection with the second public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Second Public It appeared that the City Council set today as the date for the second public Hearing hearing for a proposed City initiated full purpose annexation and service plan City Initiated Full for approximately 178 acres of land in Tarrant County, located west of US Hwy Purpose 377 and south of Keller Hicks Road (AX-05-024 Keller Hicks Road and Pine Annexation Tree Estates Enclave). Mayor Moncrief opened the public hearing and asked if (AX-05-024 Keller there was anyone present desiring to be heard. Hicks Road and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 14 of 50 Pine Tree Estates The report by Ms. Allison Gray, Senior Planner, Development Department, was Enclave) passed over as it was the same as the previous annexation except for the Police beat. There being no one present desiring to be heard in connection with the second public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. Public Hearing It appeared that the City Council set today as the date for a public hearing on Proposed Changes proposed changes to multi-family dwelling rental units and a proposed City to Multi-Family ordinance regulating one and two family dwelling rental units. Mayor Dwelling Rental Moncrief opened the public hearing and asked if there was anyone present Units and desiring to be heard. Proposed Ordinance Mr. Carl Smart, Code Compliance Department Director, appeared before Regulating One Council and gave a staff report. and Two Family Dwelling Rental The following individuals appeared before Council in opposition of the Units proposed ordinance: Sue Ann Slay Ms. Sue Ann Hester Slay, 2901 Sandy Lane, stated that she had been a property manager in Fort Worth for 15 years and that a vote for rental registration was a vote of lack of confidence in the Code Compliance Department. She asked what the Council had done for the low income residents and that she was very sensitive to their budgets and their struggle to pay their bills. She further stated that the high gas prices and high utility bills had really impacted the residents, plus she has had to increase her rents because her property taxes were increased by 184 percent. She stated that increase would just be passed down to the people who could least afford it and sometimes even a $5.00 increase hurt them. She stressed that the good landlords kept their property maintained and in compliance as her property was her retirement and that the bad landlords do not keep their property up and that this registration would not change anything as the bad landlords would still not be in compliance. Francisco Mr. Francisco Hernandez, 2108 Alston Avenue, stated that the fee was actually Hernandez a tax and that he could not see any valid reason for the ordinance. He added that the properties he owned were also his retirement, but that it appeared most of his retirement was going to the City as Fort Worth residents paid one of the highest taxes on rental property and that the only thing that was needed was to enforce current ordinances and not create more ordinances. He further stated that this was taxation without representation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 15 of 50 Genevieve Brown Ms. Genevieve Brown, 901 Oak Crest Court, Burleson, Texas, stated that she was a property manager and that she had a lot of out-of-state property owners who brought revenue and tax money to the City and that the ordinance was one more reason for them not to come to the area. She added that property managers did a good job and they looked forward to taking care of people and that she saw this as a detriment to her business. Kay West Ms. Kay West, 5404 Collinwood Avenue, President of the Greater Fort Worth Realtors Association, stated that as realtors they were committed to maintaining Fort Worth's reputation as a wonderful place to live and do business. They also believed that one of the keys to improving quality of life was the effective Code enforcement of all properties. She added that the association was opposed to the creation of a new rental registration program for single and duplex properties as the fees would be a selective property tax on rental property and would increase the cost of living in and owning rental units. She suggested that instead of creating a new program, that the money allocated for rental registration in the budget be applied toward improving current Code enforcement. She referred to the issue of contacting the small percentage of problem rental property owners that were not acting responsibly and stated that it was unlikely that they would participate in the registration process. She pointed out City staff's estimation that only 80 percent of single-family owners would register and stated that the vast majority of responsible property owners would be burdened with registration while those that the ordinance was designed to address would not. She proposed that instead of creating a new bureaucracy to collect fees from responsible owners, why not have a Code Compliance unit created to specifically target those problem properties and locate the owners. She offered the association's assistance to work with the staff to improve the enforcement of ordinances; however, they believed that laws should be enforced fairly and that a rental registration ordinance for single family and duplex properties was unduly burdensome, unenforceable and not an efficient use of City resources. Keith Charles Mr. Keith Charles, 6473 Waverly Way, congratulated the Council for creating a welcoming environment for corporations to remain in the City, but that the proposal tonight was just one of the many examples of how this Council's focus on big corporations and development had turned its back on citizens who already invested in Fort Worth. He stated that many of the people affected by the proposal invest in the neighborhoods where they live and raise their children. He added that the four rental properties that he and his wife owned were within two miles of where he was raised and that the City provided no incentive to invest, but that they did it because they believed in their CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 16 of 50 community. He advised that because they received no exemptions for investment property, they paid more taxes than the owner-occupant unit next to them. He pointed out that investors buying property in Fort Worth at the current market value were guaranteed to lose money because of one of the highest municipal tax rates in the country. He asserted that the realtors present would inform the Council that many people from out of state had taken their investment dollars elsewhere because, even at the low cost of housing in Fort Worth, it was virtually impossible to have cash flow with the City's high tax rate. He further stated that the financial cost and the time required to comply with the inspections were at the very least unreasonable and intrusive and to threaten fines and criminal charges to those on whom the Council should be thankful was shameful. He added that this was a bad proposal and undue burden on small investors who were struggling to buy and maintain affordable rental property. He asked that the Council not make it harder to do business in the City. Anna Harrison Ms. Anna Harrison, 4321 Lovell Avenue, expressed concern with various sections of the proposed ordinance as follows: a. Section 1: Registration. She stated that the registration was already on file with Tarrant Appraisal District and asked why citizens had to repay to register property once again. b. Section 2: Posting of Certificate of Occupancy. She pointed out that the property was not an office or storefront, but someone's home. c. Section 3: Registration providing a site plan was pretty excessive for a small business person. d. Section 5c: The inspections were excessive and discriminatory to the small business owner and stated that if large complexes were only inspected every two years and small businesses every year, she found that to be excessive. e. Section 7: Crime Prevention Sign. She stated that this was already provided in the tenant handbook and that it would be a duplication and eye-sore on a residence. f. Section 8: Criminal Enforcement. She found this extremely offensive to be considered should she not be able to comply with a timeframe due a contractor, that she could become a criminal. Pat Tipton Mr. Pat Tipton, 4321 Lovell Avenue, stated that his point had already been made by previous speakers. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 17 of 50 Ronald Popham Mr. Ronald D. Popham, 4428 Cockrell Avenue, stated that landlords got the brunt end of the situation when the tenant moved out as the landlords were faced with additional costs. He added that once a contract was signed, the tenant owned the property and the landlord did not have any rights over the property, and if there was a plumbing problem, the landlord could not access the unit without the tenant's permission. He explained that if the tenant was gone for two weeks and there was a plumbing problem the landlord had a destroyed property to repair. He stated to have an extra fee where Code Compliance had to be involved was a burden on the landlord and Code Compliance. He added that Code Compliance was under staffed and to assess fees or have landlords become criminals for not complying was too burdensome. He stated that the fee could not be lowered because the City had to pay for staffing or education to make the process work. He pointed out that evidently the problem started in the Texas Christian University (TCU) area and suggested the program be isolated to that area instead of penalizing landlords overall. Mayor Moncrief clarified that the issue was City-wide and not just with the TCU area. He added that the City was growing and rental properties were always going to be a part of business in the City and the Council was trying to discuss a problem that continued to grow. Barbara Ms. Barbara Debenport, 7009 Tumbling Trail, stated that she was a realtor Debenport specializing in single family property management for over 30 years. She added that single family home management and single family home residents were very different from the control and management of a multi-family community. She continued by stating her opposition was based on a number of issues that were driven by the fact that the current Code on the books covered the landlords' responsibility to maintain and repair the rental property and if enforced would solve the problems of non-residential ownership and slum landlords. She stated that she drove around five neighborhoods, took pictures, made notes and then accessed County records on properties that had high weeds and appeared to have Code issues. She added that these properties were owner- occupants, but that the properties she managed stood out because they were well maintained. She advised that many of the out-of-state investors who had brought millions of dollars to the City within the last few years were disillusioned with the high taxes and low rental rates and often moved their investments to escape highly regulated housing loss. She indicated that this did not mean they were slum lords, and for the most part they hired respected managers and looked for a healthy business environment. She added that most of them were losing money on a monthly basis while hoping to experience a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 18 of 50 profit in the revitalization and appreciation of the Fort Worth area. She emphasized that adding to the cost of doing business in Fort Worth would only encourage them to leave because at this place and time the rental rates would not bear the increased costs everyone would experience by this program. She stated that the City needed the affordable housing inventory these investors had brought to the City as well as individual owners in the City and that investors needed to be nurtured and helped. She wanted to leave a legacy of a Fort Worth that was not overburdened by Codes and restrictions and levels of bureaucracy, but one of fiscal responsibility and respect for the personal property rights of the citizens and equal taxation. Paul Weisblatt Mr. Paul Weisblatt, 4412 Tangueray Place, stated that the few houses he owned were his retirement also and nothing that had been said tonight showed him what the benefits of this new program were. He added that Code Compliance did a good job and suggested enhancing their work force if needed, but not to make it any worse on property owners than it already was. Marvin Tinsley Mr. Marvin Tinsley, 4116 Corral Circle, stated that he represented the National Association of Property Managers, Fort Worth Mid-Cities Chapter owners and tenants. He advised that the association's main thrust was single-family duplexes, tri-plexes and four-plexes and they believed that not only was the proposed registration program unacceptable, it was unenforceable as well. He added that it would be physically impossible to administer; would delay the inspection of substandard properties by causing unneeded inspections of good properties; was not economically feasible for the City, owners, managers and tenants and most importantly was a defacto tax on a select group of citizens who were already over-taxed. He stressed that they believed this proposal would affect current growth in the City and prevent available affordable housing. He maintained that adequate inspection tools were present in the City Code to protect both the tenant and landlord and appearance of the City. He suggested that income currently derived from fines received from the small number of substandard properties be diverted to stricter enforcement of the problem properties. He added that penalizing the owners and managers of well maintained properties would only create an adversarial relationship between the owners and the City. He further stated that as landlords, business people and most importantly tax payers of the City, he urged the Council to look seriously at the financial burden this proposal would have on every party involved, the City, property owners, management companies, and the tenants. He emphasized that some may call this a registration fee, Code inspection fee, or whatever was politically correct; however, in reality it was no more than a tax levied on a targeted group which ultimately would not receive a beneficial CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 19 of 50 affect for the City. He recommended that the Council reject this proposal and added he and others would welcome an opportunity to work with the staff and Council to determine a more effective way to address the problem properties within the City. David Claire Mr. David Claire, 4809 El Campo, referred to a Fort Worth Star-Telegram article from today that inferred the problems started in the TCU area where he used to own a party house. He stated he had used Police and Code Enforcement to control the partying students who paid fines for their misdeeds. He added that working with a system that was already in existence, the situation was controlled. He continued by stating the newspaper article indicated a City task force proposed keeping closer tabs on rental property throughout the City and asked if the task force did not trust Code Compliance to do their job. He advised that the City already had a system in place to deal with problem properties - Code Compliance. He stated that Code Compliance did not discriminate; if a person did wrong, they paid. He informed the Council that when he had been cited he corrected the problems and Code Compliance was polite and professional and worked with him, not against him. He offered that if the City had a problem property, let Code Compliance handle it; if the owners did not comply, warn them; if they still do not comply, ticket them; if they still do not comply, put a lien against them; and if they still do not comply, take it, raise it, or resell it, or do eminent domain. He pointed that if a City could take property to build a private football stadium, surely they could take a trash property and scrape it to make the City a better place to live in. He added that the Council had an opportunity to control this problem without turning it into another governmental quagmire. He suggested going after the "bad apples" and not penalizing the City for the actions of a few. He apologized to the lawyers on the Council and asked how they would feel if because of a few bad lawyers, the City regulated them by charging a $25.00 fee for the first client and an $8.00 fee for every client thereafter, on a yearly basis. Tony Recchia Mr. Tony Recchia, 11694 Alborada Drive, San Diego, California, offered his perspective as an investor from California where he believed this would impact the landowner and tenant and also owner-occupied units in the area. First, he said one looks at the return on investment on the property and capitalization rates. He added you get increased fees and the bureaucracy that goes along with it and having to pay people to go out and do these inspections. He stated this impacted the owner's cost and as an investor he had to determine if he should absorb the cost or pass it on to the tenant. If he absorbed the cost, he may look at surrounding cities that do not have such fees and regulations where he may want to place his investments. He added that the investor had to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 20 of 50 consider fees in determining where to invest and how it would affect his tenant financially. He provided an example from his experience and stated his tenants were generally in a new home or one that was a few years old and who were marginally on their credit, repairing their credit by renting from him a year or two to rebuild their credit. He further stated on the owner-occupied side in the area, investors have to look at what was happening in the housing market. He stated there was a large supply of housing at the moment, and that if the Council deterred investment into Fort Worth housing, the City would only exacerbate the problem in the City and the owner-occupied property would suffer because when they want to sell a house there would be more competition because investors would not come in and potentially buy the house. Cindy Hoover Ms. Cindy Hoover, 2242 Forest Park Boulevard, stated that she had managed property for over 23 years and that one of the reasons that prices were not decreasing in the TCU area was because there was good rental property in TCU and it had raised the value of the homes in the TCU area. She added that the landlords in the area also paid higher property taxes than any homeowner because they did not have any exemptions. Don Mick Mr. Don Klick, 8450 Trace Ridge, stated that everyone here tonight invested their time in Fort Worth, but that for the many of the citizens and investors at the meeting tonight it was not only their time, but their savings for retirement. He added they all wanted better neighborhoods and they all wanted problem properties either owner-occupied or rental, resolved or fixed up. He further stated that he opposed any more properties going to a Code Enforcement staff unable to keep up with the properties under the current ordinance. He instead asked the Council to consider a top 10 list; prioritize the worst problems; and stay with the complaint-driven program. He added that the staff should list the top 10 of the oldest substandard structures by date on the first of each month for each Council District. He advised that some might want to get off the substandard list and stated this suggestion would also provide information for the Council on a regular basis and other investors and neighborhood activists that want to see progress on the problem properties. He added that citizens could find restaurant scores and sex offenders on the City's website, but what information did the City provide to protect new residents from slum lords. He further stated that he opposed the changes on privacy rights and referred to one of his meetings with a retired lady in her 70s who lived near Camp Bowie and Montgomery; her retirement income was her income from the other three units — she lived in a four plex. He asked if the Council was going to increase the taxes on the elderly and search their home. He stated that most of the property he managed belonged to people in their 70s and 80s; the remainder of the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 21 of 50 property he managed belonged to people that were saving for their retirement. He advised that the City of Garland lost the federal lawsuit when they tried to inspect single-family homes. He added that Fort Worth could do better; the solution of self-inspection was likely to be a failure as most of the good owners would comply. He asked which of the Council Members would go on record predicting the compliance by the problem property owners. He offered that there must be many reasons no major cities in Texas have rental registrations proposed today, not Austin, not Houston, not Dallas, not San Antonio and again stated that Fort Worth could do better on this proposal. He asked that there be separate task forces in separate Council Districts as residents may have a lot better ideas that would work in their areas than in another Council District. Ronald Olman Mr. Ronald Olman, 6513 Meadow Lakes C-1, North Richland Hills, Texas, stated that previous speakers had already addressed his concerns. A. D. Toten Mr. A. D. Toten, 816 Northwood Road, stated the proposal did not do anything for him, but hurt him. He suggested adding one supervisor and ten field officers to Code Compliance to work on the problem areas. He added that this would help Code Compliance follow the Code Enforcement Division's pamphlet "What To Do and What Not To Do". He stated that if the City had judges that would impose the fee at the time of the court appearance, instead of giving offenders a two to six-month delay to pay their fines because they did not have the money to pay the fine, Fort Worth would be a lot better. Brian Bentley Mr. Brian Bentley, 2528 Jamestown Lane, Denton, Texas, stated that he was actually undecided on this issue and that he had rental properties in Fort Worth and served on the Board of Adjustment. He added that his wife was also Director of Code Compliance for the City of Denton and he was familiar with both sides. He asked that the Council postpone making a decision on this issue for at least 90 days to educate the landlords in the City. He suggested that the issue was being rushed with the October 10, 2006, deadline. He added that to him the self inspections were a tax as the City was not doing anything for the two unit landlords; the landlords were doing everything and presenting it to the City. Brett Reeve Mr. Brett Reeve, 6207 Tiffany Park Court, Arlington, Texas, and asked that the Council allow Code Compliance do their job and stated that he owned single- family rentals in Fort Worth, Arlington and Dallas, and added that he would never buy a house in Garland because of these fees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 22 of 50 Genna Banta Ms. Genna Banta, 3210 Green Avenue, stated that she owned nine properties in the Blue Bonnett Hills Addition, where she also resided. She stated she felt this proposal was government interference and that it would put a chill on business. She stated that she saw an over-supply of rental properties in the TCU area and that this had never happened. She added that if the Council continued with this proposal then people who owned rental properties would put their rental properties on the market and then all home values would go down because of supply and demand. She continued by stating she agreed with previous presenters and that as a lawyer, the market place should dictate supply and demand. She added that she knew what she had to do as a landlord or she was subject to liability. She suggested that the group doing this should have a paradigm shift; place ads in the newspaper to make people more aware of Code Compliance and rental rules. She stated that fines on the property managers for police citations or code violations should be more directed to the people who were causing the problems. She added that the intent was good that everyone wanted Fort Worth to be a good place but this would in no way promote that. Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, stated that he was a rental property owner and that it seemed to him that the fee was more of a tax on the smaller property investors in the City; another fee that they would have to pay. He also stated that his property was his investment and retirement and he had a good purpose for wanting to take care of the property. He added that he saw the City offering incentives to companies to move to the City and he saw a lot of multi- family stock on the west side of Fort Worth and it seemed that if punitive measures were placed on them, it would probably make their investment in Fort Worth less attractive. Sean Sullivan Mr. Sean Sullivan, 2225 Carleton Avenue, stated he was a real estate broker and builder in Fort Worth and managed his own properties and stated that he did not feel the small investor should carry the burden, that it was an inconvenience for a property owner to walk through a property and fill out a report, send it in to the City and pay a fee to the City and not get anything in return. He advised that he would be in favor of this if there was some sort of credit or tax incentive. Stephen Keith Mr. Stephen Keith, 4716 Springwillow, stated that he was a real estate broker and property owner and felt that this proposal was a tax. He provided photographs of three properties in the Arlington Heights area, one owner- occupied and the other two investment properties. He added that two investment properties were superior to the owner-occupied property. He advised that if the Council was going to impose this on single family, duplexes CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 23 of 50 and tri-plexes, then it needed to be enforced on single-family homeowners and some were also in violation. He stated that he had lived in Fort Worth all his life, but that many things like this discouraged people from investing in the City. He favored stronger enforcement of current laws. Wanda Powell Ms. Wanda Powell, 2900 Bird, stated that the rental property business had gotten harder over the years and added that she would have to go up on her rental properties because of the high taxes. She stated that the Council was creating another bureaucracy and she was against it. The following individuals provided Citizen Presentation Cards to reflect their opposition of this issue and were either not in the Council Chamber at this time or did not wish to address the Council: Melanie Sullivan, Ms. Melanie Sullivan 2225 Carleton Avenue Brock Hargrove, Mr. Brock Hargrove 3900 Regan Drive Michael Banta, Mr. Michael Banta 3210 Green Avenue Landry Buroine, Mr. Landry Buroine 120 W. 34d Street#212 Shawn Wolfe, Mr. Shawn Goodwin Wolfe 2324 Winton Terrace West Katherine Speairs, Ms. Katherine C. Speairs 3881 South Hills Circle Robert Gleason, Mr. Robert Gleason 2650 Parkview Drive Kaye Bradford, Ms. Kaye Bradford 4420 Bloomfield Terrace Delfina Herrera, Ms. Delfina Herrera 1131 St. Louis Avenue Reyond Herrera, Mr. Reymond Herrera 1113 St. Louis Avenue Marcelino Mr. Marcelino Camargo 3424 Wayside Avenue Camargo, Mr. L. Crowder P.O. Box 790 L. Crowder, Mr. A. R. Clarice P.O. Box 471011 A.R. Clarice, Mr. Daniel Staples 5020 Pershing Avenue Daniel Staples, Mr. David Robinson 1923 6th Avenue David Robinson Mr. Jason Brantley 4315 Segura Court South Jason Brantley The following individuals appeared before Council in support of the proposed ordinance: Fred Harper Mr. Fred Harper, 2248 5th Avenue, President of the Fairmount Neighborhood Association, referred to a recent Fort Worth Weekly Best of 2006 Edition where the Fairmount Neighborhood received two awards; the first for Best Historic Preservation Group in the City; the other for Best Place to Find a Paid Escort at 1800 Hemphill, a rental property in the area better known as the Victorian Inn. He added that location had 2,176 calls for Police service over the previous four years. He continued by stating a criminal pursuit of the location in July resulted CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 24 of 50 in an inspection of the property because of the numerous violations found within the property to include no working fire or smoke alarms, standing water or sewage in the basement, and bathroom floors and walls with gaping holes. He pointed out that in several areas inside the building City inspectors were afraid to venture into and despite the efforts of one very determined Police Officer, the Fire Department, Code Compliance and City Engineering, this property was still in business and using the City Code as it stood today to stay in business and continue to rent rooms to folks who just were not aware. He further stated that Fairmount had about 40 percent of its neighborhood classified as multi-family and there were several multi-family owners that took great pride and care of their properties; however, they also had the classic 10 to 20 percent of the landlords who knew that the current City Code was not effective and would not address any abuse of the system that they cared to impose on it—the Victorian Inn was a case in that point. He stated that to take care of those issues, Fairmount did its own thing; several members of the neighborhood were members of Citizens on Patrol to control the crime that occurred on the rental properties, 11 Fairmount neighbors performed their own Code control and input data into the new Code Compliance website which was very effective, and regularly competed amongst themselves on who could find the tallest curb pile at the end of the month. He added that the proposed ordinance had the tools that would allow Code Compliance to stop the abuse of violators who wasted the City's money and use the current Code as a free ride to abuse the system. He stressed that the City and Fairmount had needed this ordinance for a long time, and they, like everyone else in the Council Chamber, had a very limited amount of time they could call their own. They would like to spend that time either with their families or rehabilitating their homes. He maintained that there were other issues that they would much rather deal with including tax inequality issues with Tarrant Appraisal District, zoning issues and Historic Preservation; however, instead they spend their weekends and evenings making Citizens on Control tours and Code Compliance runs. He emphasized that they would much rather see the City spend their money on more patrol officers, better parks, or more equipment; anything that would benefit the City rather than the 2,176 police calls made on one rental property in their neighborhood. He pointed out that the proposed ordinance placed the responsibility of business ownership precisely where it belonged —in the hands of the landlord and recognized that the landlord was the same as any other business owner and should meet the same requirements whether they run a bakery, barbershop, or rental property. He added that there were laws and codes that the City used daily to protect the health and well being of its consumers and the retail and wholesale world of business, and the landlord should not be an exception. He concluded by stating the Fairmount Association CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 25 of 50 requested that the City put the ordinance in place as presented at the earliest opportunity. Tracey Smith Mr. Tracey Smith, 2300 W. Magnolia Avenue, stated he was a real estate broker and basically everything he knew about this issue was from reading the newspaper today, listening to the comments of the speakers, and talking to a gentleman with the Board of Realtors who handled government relations. He added that it was misleading to say that he favored this ordinance because it had reached a stage of the process that the Council was determined to pass some sort of fee on the landlords. He asked that the ordinance be amended to require that the landlord/tenant walkthrough inspections not be mandatory as it was just a piece of paper that would be filed with the City, go into a file folder and not be seen again because all those inspections would show properties that have no problems. He further stated that he thought the free market would reveal who the bad landlords were because the tenants would complain and when those complaints came in, Code Compliance could go out and inspect those properties. He emphasized that those violators should pay the $24.00 fee and the other fines that went along with violating City Code. He stated that it would be less of a burden on the landlords who ran good properties and also require fewer Code Compliance officers. Dwain Scott Mr. Dwain Scott, 3205 Cockrell Avenue, stated that he owned several properties not in Fort Worth and out of state and that he would have no problems on any of his properties with this process. He added that he walked his neighborhood regularly and he was bothered that some landlords do not take care of their homes. He further stated that it appeared that rental properties seem to have the biggest problems. Debra Nyul Ms. Debra Nyul, 2012 Wilshire Boulevard, representing the Berkeley Place Association, stated that the association supported the proposed changes to the rental registration ordinance and that it was their understanding the proposed changes would require many more IDs from the landlords and that the proposed changes would make it easier for neighbors to find and contact the landlords on any type of situation to address questions or concerns on the property. She stated that their neighborhood did have recent problems with single-family owners; one which attracted 100 people to a meeting at the Fort Worth Zoo involving an owner of a property whose adult son was there and allowed numerous people to be present, some of which resulted in arrests. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 26 of 50 Greg Hughes Mr. Greg Hughes, 2594 Stadium Drive, stated this was a very divisive issue and that as someone very interested in preserving the neighborhoods, he appreciated the need for additional regulation. He added that as a rental property owner both in Fort Worth and outside the City, he did not want frivolous regulation of his property; however, he did not think this was frivolous, but minimal. He pointed out that he had to be ready to write a check quickly and call someone to do a repair when needed, and he did not think he could do that and take care of the properties properly if $24.00 was going to make a difference to him. He admitted that it was an additional cost; however, the cost of operating rental property was significant and this cost was trivial. He stated that if it made the City able to more properly take care of the relationship between tenants who are customers, there was nothing wrong with the City injecting itself and requiring a landlord to walk through their property once a year. He questioned what kind of property management would ignore property for more than a year; that was not property management, it was neglect. He pointed out that the City needed to carefully consider the proposed ordinance and did not think the Council was doing anything to harm the good landlords. He added however, if the ordinance made it possible to find the bad landlords and it was an effective way based on staff and a cross section of the community's recommendation, it was certainly worth considering and passing. Walter Barber Mr. Walter Barber, 2900 Goldenrod Avenue, representing the Fort Worth League of Neighborhoods Association, stated the association did a survey and distributed the proposed ordinance to each neighborhood in text format. He added that each neighborhood was allowed to vote one time and out of 94 neighborhood associations, there was 100 percent participation and that 69 neighborhoods were in favor of the ordinance and 25 against the ordinance. Randell Means Mr. Randell P. Means, 1941 Berkeley Place, stated that he was puzzled why the proposed ordinance was such a concern or burden because all it did was level the playing field between owner-residents and non-owner residents. He added that if he owned the property and someone had a problem with the property and wanted to find what was going on, knock on the door. However, with a rental property a person could knock all day long and may find the person who lived there who may or may not have information on how to contact the owner of the property other than by an address. He added that even the information on the Tarrant Appraisal District (TAD) website for the property may only reflect a post office box number. He asked why it was that rental property owners could hide in the shadows and owner-residents could be reached at any time. He pointed out that the proposed ordinance would bring the rental property owners forward by having them register. He added that most of the landlords present in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 27 of 50 the Council Chamber were there because they paid attention and were responsible people who took care of their property; yet he still heard one individual who thought it would be a burden to walk through his property once a year and fill out an inspection form. He further stated that another person stated how proud he was that he jumped on his Code violations and got them fixed as soon as he was cited. He advised that getting a Code violation was not easy and something significant had to be wrong with the property to receive a Code violation. He questioned why it took a Code violation for that property owner to finally do something about it and why some people stated that $2.00 per month was just too much. He advised that if$2.00 per month was too much for them to be concerned about their property, then that told him a lot of how much attention they were paying to the current condition of their property and what the City could expect from them. He concluded by stating that if that small fee drove somebody like that out of business, he did not have a problem with it. Bryan Livingston Mr. Bryan Livingston, 25367 Waits Avenue, advised that most of his points had been made; however, he wanted to compliment the staff and Council for taking up this issue. He added that there had been a lot spoken about transparency in terms of what the database would do for the City and whether or not Code Compliance's resources were or were not adequate to deal with the problems. He pointed out that transparency was really what this issue was all about, that information from TAD was not enough, Code Compliance was overworked, and that the people that would really be most substantially affected by the passage of the ordinance, were the faceless and nameless and the people who were not in the position to protest and take care of their own situation because they were occupying substandard housing because that was all that was available to them. He added that was one of the issues that brought this initiative forward on the Unrelated Task Force and one of the reasons the task force set aside all the other issues and said this was one of the most important things they could do. Sergio DeLeon Mr. Sergio DeLeon, 4521 Diaz Avenue, Constable for Precinct 5, stated he had a great education this evening as he dealt with a lot of tenants and landlords on a daily basis because they did evictions practically on a daily basis. He added that he was in favor of something being in place that set standards. He advised that the opposition raised a few good points and he thought the City might need to listen to their ideas and perhaps incorporate some in the ordinance. He added that as his perspective as Constable, writs had been executed on some houses that were literally falling apart and where people actually were living. He stressed that no one should have to live in that type of environment as it bred crime and environmental issues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 28 of 50 Melissa Wade Ms. Melissa Wade, 2700 Waits Avenue, stated that the opponents of the proposed ordinance provided minimal self-serving reasons for their opposition. She pointed out the minimal requirements, especially for one or two-family units, were $24.00 a year — one application for everything owned. She added that the existing ordinances were not sufficient and that there was not a level playing field for tenants. She emphasized that the proposed ordinance would place the burden on the people who were asking for the money and operating the businesses. She asserted that as is, ordinances leave the burden on the tenants who had problems who, in many situations, were disadvantaged, students, poor, uneducated or minimally educated, young, old and had language and cultural barriers. She advised that if the minimal burden was placed on the person who ran the rental businesses that already had few regulations, the burden was placed on the person asking for the money. She continued that the person asking for the money got to choose their situation; the tenants did not get to choose their situation as they were living there because they had to. She concluded by stating that if there was a person owning one rental unit that was not contiguous to other rental units, it would never be regulated except for the provisions reflected in the proposed ordinance. She asked that the Council adopt the ordinance. Shealynn Walker Ms. Shealynn Walker, 1319 6th Avenue, advised that her points had already been made by previous presentations. John Ladd Mr. John Ladd, 1315 5th Avenue, stated that the more the neighborhoods developed, the more it had pushed the crime to substandard housing towards Magnolia where there was so much potential. He added that some opponents stated that they did not have any tax incentives; however, they did have tax incentives on their own property such as tax exemptions on their personal homes. He pointed out that there needed to be some accountability for who was living in these homes and added that he was not in favor of big government, but he was in favor of knowing who lived or owned these properties. He stated that it might be prudent to pass the ordinance and make revisions and not wait until October 10, 2006. He concluded by stating that he was not for the punishment process but for the benefit process. Cleveland Harris Mr. Cleveland Harris, 1037 Colvin Street, stated he was shocked with what he had heard. He stated that he lived in a community that had been neglected for 20 years and that the community had gathered a petition to change the way of living and equity of life. He added that out of 950 homes, 400 belonged to renters and the remaining to investors and that they had been neglected for 20 years; if it was not bulldozed down, the grass had not been cut; if the shingles CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 29 of 50 on the roof of the houses had not been fixed, the trim on the house was falling off. He referred to the issue with TCU and emphasized that people should be grateful with the proposed ordinance as it would protect TCU. He pointed out that if it ever turned out to be like southeast Fort Worth, he promised the opposition they would not be at the meeting opposing the proposed ordinance. Glenn Redding Mr. Glenn Redding, 1319 6th Avenue, advised the Council that his points had already been made by previous presentations. Torchy White Ms. Torchy White, 1813 Bunche, stated that it was a pleasure to be the President and Model Blocks Chair of the Historic Carver Heights Neighborhood Association. She added that the proposed ordinance, as they understood it, was to monitor and track rental units in the City and protect the health, safety and welfare of the tenants of residential rental units and surrounding neighborhoods. She stressed that the association wholeheartedly supported the ordinance to support the City's Police and Code Compliance Departments. She pointed out that the number of unrelated persons in a household continued to be a contributing factor to the concerns of pockets of drugs, prostitution and Code violations in their community. She added that some of the dwellings had been identified as flop houses for drug use which contributed to the community's crime statistics. She concluded by stating the association was in favor of this extra layer of protection and appreciated all the help they could receive to resolve some of the problems in their community. She encouraged the Council to approve the ordinance. The following individuals provided Citizen Presentation Cards to reflect their support of this issue and were either not in the Council Chamber at this time or did not wish to address the Council: Andy Bradshaw, Mr. Andy Bradshaw 6448 Rosemont Avenue Marsha Cowdin, Ms. Marsha A. Cowdin 4317 Del Ridge Road Barbara Diehl, Ms. Barbara Diehl 2216 Lipscomb Patti Randle, Ms. Patti Randle 1716 South Adams David VanGorder, Mr. David VanGorder 2230 College Peter Miller, Mr. Peter Miller 2216 Lipscomb Frances Look, Ms. Frances Look 1024 Lilac Street Cordelia Owings, Ms. Cordelia Owings 2533 Cockrell Avenue George Scoggins, Mr. George Scoggins 2615 Greene Avenue Judy Scoggins. Ms. Judy Scoggins 2615 Greene Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 30 of 50 Mayor Moncrief advised that he had received more citizen presentation cards in opposition of the proposed ordinance as follows: Steve Lipsett Mr. Steve Lipsett, 715 Page, stated that there was plenty of owner-occupied substandard property in the City and asked why all residential property was not included in this program instead of just rental property. He added that he looked at the fee as a tax, that it was unfair taxation, and that everybody should be taxed the same, owner-occupied or rental property. Carolyn and Bob Ms. Carolyn Merrithew and Mr. Bob Merrithew, 4400 Springbranch, advised Merrithew the Council that their points had already been made by previous presentations. Kathleen and D.R. Ms. Kathleen Bales and Mr. D. R. Bales, 9101 Bellechase Road, advised the Bales Council that their points had already been made by previous presentations. Council Member Davis expressed her appreciation to everyone who spoke this evening and stated that there were certainly legitimate points on both sides of the issue. She added that she and a number of other people served on the committee that looked at this and forwarded recommendations to the Council and a lot of hours were spent on the issue. She apologized for the fact that the issue did eminent from some issues in the TCU neighborhood that were real and legitimate problems that some home owners experienced by virtue of rental properties in the neighborhood that were not properly managed by the persons who owned them. She pointed out that one speaker mentioned that the lawyers on the Council should pay a fee. She emphasized they do pay a fee every year to the State Bar of Texas, who monitors them and if someone complains about them, they know who they are, where they are, the kind of law they are practicing and they have the opportunity to oversee them as lawyers and fine them and remove their license if they are not operating in the way they should be in accordance with the law. She continued by stating the City asked restaurants to be inspected to ensure the community was safe by virtue of the food that was being served there; people who cut hair had to be licensed by the state to ensure they were conducting themselves in a way that was safe. She referred to a speaker who questioned the difference between an owner and a person who lived in a single-family residence who happened to be renting the property. She stated the issue was that the person who owned their own property and chose to keep it in a particular condition, if it was unsafe, the only person they were placing at risk was themselves. She added if they were renting that property to someone else, they were putting another human being at risk and profiting from the person who was renting that property. She maintained that there were properties in the City being excellently managed and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 31 of 50 that the vast majority of the people in opposition of the ordinance in the audience fell into that category of very good property owners and managers. She stated that she represented a district that was very diverse and did not just have the problems of TCU, but a lot of neighborhoods that had low income residents and many residents who were renting properties. She pointed out as a Council representative, she had received many complaints on a number of properties throughout the district and there were many times the owners of the property could not be located. She offered that sometimes it was the tenant creating the problem, not the owner, but that the City had very limited control of what the City could do to an occupant of a house versus the owner of the house. She added that this was about making the owner accountable for what they own and for the people who they choose to rent their property to because sometimes those people created problems. She further stated that she had seen some very deplorable conditions with regard to what people live in within the City of Fort Worth and that some speakers had stated that if there was a problem with a property, a person could complain. However, it was her experience that not everyone would complain because some people did not want to bring attention to themselves. She emphasized that Code Compliance could only do things based on the condition of the outside of the house and in order to do anything about the condition, they first had to find the owner of the house and that was a substantial part of what registration was all about. She further stated that the City had no way through that system of making sure that what people were living in on the inside of the house was in good condition. She added people who paid rent to a person who profited from a person who paid rent should live in a condition that was safe. She offered the example of when a person moved into a new house, it was inspected and there was a Certificate of Occupancy issued and that was the owner's one chance to look at the inside of the house. She added that if a person owned their own home from that point forward that person put themselves into the risk that may be created by not maintaining that property, but if that person was a landlord, they were putting someone else at risk. She further stated that she did not see any other way the Council could assure the safety of the tenant and the accountability of that tenant through the owner and the City's ability to locate the owner, and stated that TAD records were not the venue to locate the owner. She continued by stating that because she was invested in this process by virtue of the amount of time she spent on the issue, she did not want to be closed minded about what the solution was. She offered that $24.00 or $2.00 a month for a person who was making a profit to rent the home, was a very small price to pay to be in the business of owning that home. She asked that everyone listen to what the problems were that were presented tonight, and to please listen to the situations she was suggesting as they were very real problems from the district she CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 32 of 50 represented, and also help her understand a better solution. She asked that citizens please not just say to "enforce the present codes" because that was not addressing the issue, and not to say to "just leave citizens alone" as this was not addressing the issue either. She asked that the public hearing be closed and another public hearing be rescheduled for November 7, 2006, to receive public comment and consider adoption of the proposed ordinance. She asked that in the interim, citizens provide constructive input to her, Carl Smart in Code Compliance, or Assistant City Attorney Matthew Wallis, to assist them in devising a better solution if they were not satisfied with the current solution. She concluded by stating that she was leaning heavily in favor of supporting the ordinance exactly as proposed as she believed it was very thoughtful in its process, staff had been very thoughtful in constructing it, and she did not think it was over burdensome to walk a property once a year with the tenant to make sure it was safe. Council Member Wheatfall stated that this had been a very enlightening process to listen to citizens from both sides of the issue. He added that when he considered a public policy, he looked at three particular criteria: was it legally sound in terms of its structure, was it enforceable, and ultimately was it fair and equitable. He further stated that there would probably be some legal tweaking at what had been presented to the Council but not to a great extent. He advised that the enforceability had been built into the ordinance itself and into the City's budget process of providing the Code Enforcement staff to enforce this type of ordinance. He referred to Council Member Davis' previous comments of whether the process would be fair and equitable, and stated that over the next month the Council would work with both sides in a continual process to make sure the product was fair and equitable. He pointed out that this affected business owners, small business owners who were renting, people who were renting those properties and the neighbors, and the Council had to weigh all those concerns. He added that he heard a lot about rights and property rights and whenever he thought about the word "right", he also thought about the word "responsibility" and what the Council was trying to obtain in the ordinance was a reasonable level of responsibility that came from the right to rent property. He continued by stating that a delicate balance had to be sought so the rights of the individuals who lived in those properties were also protected and as the Council looked at the checks and balances of what was in place, the cost, the requirements, and the fines associated it, he thought the Council had reached the delicate balance of protecting the rights of the land owners, protecting the rights of the tenants inside those properties, and protecting the rights of the neighbors that were sometimes subject to "slum landlords". He pointed out that the City did have "slum landlords" who did business in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 33 of 50 community and coming from a district that had a lot of slum landlords that never checked on their property and who never cleaned up their property, the Council needed a tool to go after those slum landlords to enforce the City's ordinances and to find and prosecute them to the fullest extent of the laws and ordinances of the City. He asked that as the Council continued the dialog, citizens needed to keep in mind that the Council wanted to find and prosecute those slum landlords and help the Council find a way that was economically feasible, that was not over burdensome, of how to go after the slum landlords and bring them to justice. Council Member Silcox referred to interior inspections and asked how the City got inside the home; whether it was at the request of the tenant or was the City going to demand they be let inside. Mr. Carl Smart, Code Compliance Director, stated that there were two primary ways of getting onto private property, one was by consent of the resident, tenant or person that lived there; the other way was to do it by search warrant issued by a judge based on having probable cause that a possible violation existed. Council Member Silcox stated that back in 1996 when the original ordinance was passed, there were tenants having problems with landlords and the ordinance allowed them the opportunity to call the City if they had electrical wiring problems, plumbing problems, etc., that the landlord would not fix. He expressed concern that if a property owner needed to access the unit and the tenant did not want the property owner inside, what constituted probable cause. City Attorney Yett stated that the City had to follow the Constitution whenever an ordinance was passed or enforced and asked Assistant City Attorney Matthew Wallis address the Constitutional issues related to search. Assistant City Attorney Wallis stated that a speaker had mentioned the Garland ordinance that was challenged in court and added that the ordinance actually required an inside inspection be allowed by the government official, which was an intrusion of a government official and violation of the 4th Amendment. He stated that in this case, if the tenant and landlord got into a dispute about whether the tenant wanted to allow the landlord to go inside, there would not be a government official that would go in and look at the property, and therefore it was not a government intrusion and not a 4th Amendment violation. Council Member Silcox clarified that if the tenant agreed to the inspection that was one thing, but if the tenant did not agree he was within his rights. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 34 of 50 Assistant City Attorney Wallis agreed with Council Member Silcox's clarification and offered that if a Code Compliance Officer came by and asked to look at the property as a government official and the tenant did not give consent, the Code Compliance Officer would have to obtain a search warrant. Council Member Silcox referred to the 1996 ordinance where two concepts were recommended, one with search warrants and one without. He added that the concept stemmed from an apartment complex on I-35 whose tenants had paid their bills, but the owner did not pay the City for the water bill and shut off the water, and that worked into the idea of having some protection for tenants from the non-caring landlords, and gave the tenants some place to call if the landlord did not maintain the property. He further stated that the ordinance was set up only for outside common area inspections and the City could only go into an apartment when it was vacant or the tenant agreed to provide access. He expressed concern if the City was trying to devise a way to get inside someone's residence if the tenant was not interested in having an inspection inside. Assistant City Attorney Wallis assured Council Member Silcox that was not the case and Code Compliance was not going inside properties and inspecting. He added that the original ordinance stated with regard to eight units and above, dealt with landlords and tenants going annually to inspect the interior of the property and the Code Compliance officers inspected common areas or vacant units absent of consent or search warrant. Council Member Silcox stated that he had some concerns and did not support the ordinance. He added that he would like to see some modifications made before he would support passing the ordinance. Council Member Espino stated that he found today's public hearing to be instructive and that it was always good to hear from stakeholders in the process. He added that he wanted to correct some statements that were made and referred to the comment that the City did not provide incentives to small businesses and the City only gave incentives to large companies and that was an unfair criticism. He provided an example where in the Central City, there were Neighborhood Empowerment Zones (NEZs) and if people wanted to invest in the NEZs they could get municipal property tax abatements, fee waivers and release of City liens, and added the City was always happy to speak to investors that wanted to rehabilitate existing apartment stock. He further stated that the City's Housing Department had various ways of assisting investors, and advised that the Economic Development Department acted as the City's gate- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 35 of 50 keeper on the criteria for municipal tax abatements such as employment numbers, economic benefits to the City, and Minority/Women Business Enterprise requirements. He also clarified that a homestead exemption was only available to a person who actually lived in the house that was owner- occupied. He stated that the rental registration ordinance was an attempt by the Unrelated Persons Rental Registration Task Force to deal with an issue of substandard rental property. He advised that based on the comments he had heard tonight, the City did not have the final product for the proposed ordinance. He pointed out that the City did not want to discourage good investors from coming to the City and stated that not everyone could own a home; that there would always be a number of people in the population that would need to rent property. He stated that as an attorney he was very sensitive to the issues of privacy, of constitutionality, of probable cause and added that he took much from the discussion this evening. Mayor Pro tem Hicks stated that when she started out as a Council Aide in 1997, the biggest issue they dealt with in District 8 was the issue of crime. She added that today the biggest issue was Code compliance and referred to comments by Mr. Cleveland Harris relative to problems his community had dealt with for over 20 years and stated that later on the agenda the Council would vote on a historic district for that area in an attempt to work on trying to turn that neighborhood around. She continued by stating that in the Near Southeast community, before she became a Council Member, the Council voted to zone that neighborhood single-family to deal with the problem of four-plexes and all the issues with Code Compliance in that area. She added that she was reminded by the fact that every day as she passed by some apartments in her area and saw illegal dumping at those apartments of everything from mattresses to commodes to couches and that Code Compliance received almost daily e- mails from her about the situation. She pointed out that the current policy was not working, at least not in Southeast Fort Worth, and she would support and second Council Member Davis' motion for a month's delay and echoed her request to please help the Council over then next month to find some solutions. Mayor Moncrief expressed appreciation to everyone who attended the Council meeting in regard to this matter. He also thanked Council Member Davis for the many long hours that she and the City staff and task force members put into this effort. He added that although the problem may have started in the TCU area it certainly did not totally lie in that one segment of the City. He pointed out that members of the Council had expressed the differences in their districts and what was in TCU was far different from that in southeast Fort Worth or the northside. He added that this was an issue where the Council wanted to try and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 36 of 50 build quality; that the Council was sensitive and had heard everyone's concerns and that last thing the Council wanted to do was to over reach or be over burdensome. He made the observation that the vast majority of the people in the Council Chamber probably ran a pretty good business and kept up their properties; however, there were others that were not present and did not live in the City or cared about who lived in their properties, or what condition the properties were in because all they were interested in was a rent check. He added that the Council was trying to find a middle ground and that the month delay would serve the City well and encouraged citizen input. He further stated that as the City grew this problem would grow with the City. He referred to an earlier statement that was very obvious to everyone— Code Compliance did not have the resources necessary to enforce what was already on the books, much less whatever the City was trying to enhance, and that could not been done by just writing a check, there had to be a means to pay for that enforcement. He emphasized that one thing he had learned in 30 years of public service and as 12 years as the City's Senator, was laws were only as good as the ability to enforce them, otherwise they were totally useless. He concluded by stating the term "That will do" was not acceptable in Fort Worth any longer and that the Council wanted to work with landlords to do better, to help them with their income and retirement, but to do so with quality affordable rent housing in the City. There being no one present desiring to be heard in connection with the second public hearing, Council Member Davis stated that City Attorney Yett had reminder her that the first Tuesday of November was election night and also a zoning meeting evening which would make for a very long meeting for everyone and made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and another public hearing be scheduled for November 14, 2007 to receive public comment and consider adoption of the proposed ordinance. The motion carried unanimously nine (9) ayes to zero (0) nays. Recessed/ Mayor Moncrief recessed the meeting at 10:15 p.m. and reconvened the Reconvend meeting at 10:27 p.m. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-286 It appeared that the City Council, at its meeting of September 5, 2006, SP-05-054 continued the hearing of the application of Juan Acosta for a change in zoning Approved 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 "A- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 37 of 50 5" One-Family Residential; with a maximum of 14 personal horses allowed on the property, stables and arena will be for sole use of the owner, any commercial uses or sales are prohibited, and with site plan required, Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Chris Bonilla Mr. Chris Bonilla, 3204 S. Main, representing the applicant, Juan Acosta, appeared before the City Council and presented to the Council two copies of an amended Planned Development/Specific Use (PD/SU) Site plan for Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054. He stated that the amended zoning change would read from the existing "B" Two Family District to "A-5" Single Family Residence plus Horses, Stables/Private, with Arena; with a maximum of 14 horses allowed on-site, and the site would be for personal use only. He stated that this would eliminate and restrict all commercial uses of the site and requested favorable consideration. Charles Sorrels Mr. Charles Sorrels, 1328 Britton, appeared before the City Council and expressed opposition of the Neighborhood Association to the original proposed zoning. He advised Council that since the use was restricted for family and friends and not for commercial uses that he could agree with the proposed amended zoning and site plan. There being no one else present desiring to be heard in connection with the application of Juan Acosta, Council Member Davis stated that no one was present from the Brentmore Neighborhood Association would like to meet with them to make sure that everyone was in agreement with the proposed changes and made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing and Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054 be continued until November 7, 2006. Mayor Pro tem Hicks requested that during the meeting with Mr. Bonilla and the applicant that Council Member Davis also include Ms. Ida Piper, who is on the border line of this property. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-171 It appeared that the City Council, at its meeting of September 5, 2006, SP-06-032 continued the hearing of the application of Lucy Pham for a change in zoning Continued for One of property located at 1222 and 1224 Clinton Avenue from "FR" General Week Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; excluding the following uses: pawn CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 38 of 50 shop, tattoo parlor, 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 seven 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 and Site Plan No. SP-06-032. 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 application of Lucy Pham, Council Member Espino made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-171 and Site Plan No. SP-06-032 be continued until October 10, 2006. 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 August 23, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-181 Council Member Jordan made a motion, seconded by Council Member SP-06-021 Wheatfall, that the application of John Q. Melcher et al., for a change in zoning Approved of property located at 7801 Crowley Road from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; plus: mini-warehouse; excluding the following uses: tattoo and massage parlors, retail liquor stores, stand alone bar and lounge; hours of operation for the office are 8:00 a.m. to 7:00 p.m., electronically controlled security gate 7:00 a.m. to 11:00 p.m. daily, and with site plan required, Zoning Docket No. ZC-06-181 and Site Plan No. SP-06-021, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-183 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17228- Zoning Docket No. ZC-06-183, Text Amendment for tree preservation. Mayor 10-2006 Moncrief opened the public hearing and asked if there was anyone present Approved desiring to be heard. Mr. Bob Riley, Director of the Development Department appeared before City Council and presented a brief history of the tree preservation ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 39 of 50 The following individuals appeared before the City Council in support of the tree preservation ordinance: Margaret DeMoss, Margaret DeMoss 3451 Green Arbor Court Judith Harman, Judith Harman 2222 Winton Terrace E. Esther McElfish, Esther McElfish 7112 Martha Lane Becky Meadows, Becky Meadows 6901 Pleasant Run Road Renee Walter, Renee Walter 6700 Meadow Haven Lee Nicol Lee Nicol 3882 South Hills Mayor Moncrief stated that the following citizens also signed speaker cards in favor of the tree preservation ordinance, but did not wish to speak: Linda Hanratty, Linda Hanratty 4236 Oak Park Ct. Elizabeth Hedden, Elizabeth Hedden 3200 Overton Park W. Marty Craddock, Marty Craddock 4904 Dexter Elaine Petrus, Elaine Petrus 3736 Country Club Circle Patti Crabree, Patti Crabree 3900 White Settlement Rd., #93 Gary Hogan, Gary Hogan 2117 Rolling Creek Run Marsha Cowdin, Marsha Cowdin 4317 Del Ridge Road James Toal, James Toal 500 W. 7th Street Barbara Baker, Barbara Baker 4104 Harlanwood Drive and Sheila Hill Sheila Hill 4130 Rawleigh Drive Council Member Burdette expressed his position on the tree ordinance advising that he was a lover of trees just as many others were, but that freedom was more important. He stated that with the passage of this ordinance, it would go against the rights of the property owners. Mr. Bob Riley, Development Department Director, appeared before the City Council and advised Council that the rules and regulations and establishment of the Urban Forestry Board would be coming forth; that the fee table would also require amendments; and that the landscape information would be captured in this ordinance. Various members of Council shared their positions on the tree ordinance. Council Member Davis expressed a special thanks to former Council Member Haskin for representing the people seated in the audience with her. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 40 of 50 City Attorney Yett stated that Section 10(e) of the ordinance, relative to the appeals process would go before the Board of Adjustment and stated that Assistant City Attorney Sarah Fullenwider would advise the Council of the of the addition of paragraph 12 entitled"Enforcement". Assistant City Attorney Fullenwider read the following language into the record: "12. Enforcement. Any Code Enforcement Officer, the City Forester or his/her designee shall have the authority to enforce the provisions of this ordinance." There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Scarth made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-183 be approved, and the following ordinance be adopted as amended: ORDINANCE NO. 17228-10-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH BY AMENDING SUBSECTION K "PRESERVATION OF TREES", OF SECTION 6.301, "LANDSCAPING' OF ARTICLE 3, "LANDSCAPING AND BUFFERS", TO ADD REGULATIONS ON THE REMOVAL OF PROTECTED TREES EQUAL TO OR GREATER THAN SIX INCHES IN DIAMETER ON A PARCEL OF LAND GREATER THAN ONE ACRE; TO AMEND CHAPTER 9, "DEFINITIONS", TO ADD DEFINITIONS RELATED TO TREE PRESERVATION; PROVIDNG A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried seven (7) ayes to two (2) nays, with Council Members Silcox and Burdette casting the dissenting votes. ZC-06-190 Council Member Burdette made a motion, seconded by Council Member Approved Silcox, that the application of Sztamentis Family, LTD., for a change in zoning of property located at 127 Roberts Cut Off Road, 5306, 5320, 5328 and 5336 White Settlement Road from "B" Two-Family Residential, "E" Neighborhood Commercial and "I" Light Industrial to "PD/SU" Planned Development/ CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 41 of 50 Specific Use for all uses in "MU-1" Low Intensity Mixed Use as described below, traffic study is required at site plan submittal, and with site plan required, Zoning Docket No. ZC-06-190, be approved: Crystal Springs Mixed-Use Planned Development District A. Purpose and Intent It is the purpose and intent of the Crystal Springs Mixed-Use Planned Development District to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses. B. Uses In the Crystal Springs Mixed-Use Planned Development District, no building or land shall be used and no building shall be herein erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the Low Intensity Mixed-Use District uses in the use table in Chapter 4, Article 8, and the supplemental standards of Chapter 5, and allowing the following uses: hotel, motel or inn less than 1,000 feet from any residential district. In the Crystal Springs Mixed-Use Planned Development District, residential, commercial and institutional uses may occupy the same building and lot. All projects much comply with the mix of use requirements described in Section E. C. Property Development Standards In the Crystal Springs Mixed-Use Planned Development District, the dimensions of yards, the maximum height of buildings, the maximum residential density, and the required open space shall be as follows: 1. General yard development standards: Same as Low Intensity Mixed-Use ("MU-1")District. 2. Front yard: 20 feet maximum setback, with the following provisions: a) Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 42 of 50 the maximum setback of 20 feet. Interior buildings set back farther than 20 feet may be constructed prior to this 50 percent requirement having been satisfied. b) Same as Low Intensity Mixed-Use ("MU-1")District. 3. Rear yard: Same as Low Intensity Mixed-Use ("MU-1")District. 4. Side yard: Same as Low Intensity Mixed-Use ("MU-1")District. 5. Maximum Height: Same as Low Intensity Mixed-Use ("MU-1") District. 6. Maximum residential units per acre: Same as Low Intensity Mixed-Use ("MU-1")District. 7. Open space: Same as Low Intensity Mixed-Use ("MU-1")District D. Other Development Standards Development in the Crystal Springs Mixed-Use Planned Development District shall be subject to the Low Intensity Mixed-Use District pertinent development standards in Chapter 6, and the following provisions. 1. Off-Street Parking and Loading: Same as Low Intensity Mixed- Use ("MU-1")District. 2. Landscaping and Buffers: Same as Low Intensity Mixed-Use District 3. Signs: Same as Low Intensity Mixed-Use ("MU-1") District. 4. Residential Design Standards: Same as Low Intensity Mixed-Use District. 5. Outdoor Storage or Display: Same as Low Intensity Mixed-Use District. 6. Entrances: Same as Low Intensity Mixed-Use ("MU-1")District. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 43 of 50 7. Fences and Gates: In order to promote pedestrian-orientated developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades, i.e., these fences shall not be located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building facade of attached or detached one- and two-family residential dwellings in mixed-use zoning districts (see Section 5.305.13.2 for fence development standards). Walls composed of the same or similar finish materials as the building facade used to create exterior courtyards that have closed perimeters and that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space are allowed to extend beyond building facades, i.e., these walls are allowed to be located in the area between building facades and the property line. 8. Fagade Design Standards for New Construction: Same as Low Intensity Mixed-Use ("MU-1") District. E. Administrative Review Requirements Same as Low Intensity Mixed-Use ("MU-1")District The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-195 It appeared that the City Council set today as the date for a Zoning Hearing for Continued until Zoning Docket No. ZC-06-195, Text Amendment for Trinity Uptown District November 7, 2006 standards. 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 Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Zoning Hearing for Zoning Docket No. ZC-06-195 be continued until November 7, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 44 of 50 ZC-06-198 It appeared that the City Council set today as the date for a Zoning Hearing for Continued until Zoning Docket No. ZC-06-198, Text Amendment for Trinity Uptown District November 7, 2006 regulations. 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 Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Zoning Hearing for Zoning Docket No. ZC-06-198 be continued until November 7, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-199 It appeared that the City Council set today as the date for a Zoning Hearing for Continued until Zoning Docket No. ZC-06-199, Text Amendment for Down Design Review November 7, 2006 Board to increase membership and expand powers and duties. 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 Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 199 be continued until November 7, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-200 Council Member Davis made a motion, seconded by Council Member Espino, Approved that the application of Juan Sancen for a change in zoning of property located at 4212 Fairpark Boulevard from "E" Neighborhood Commercial to "A-5" One- Family Residential, Zoning Docket No. ZC-06-200, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-201 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Approved that the application of the City of Fort Worth for a change in zoning of property located north of Baker Street, east of South Freeway, south of Ramsey Avenue and west of the Union Pacific Railroad from "A-5" One-Family Residential, "B" Two-Family Residential, "E" Neighborhood Commercial, "ER" Neighborhood Commercial Restricted and "CF" Community Facilities to "A- 5/HC" One-Family Residential/Historic and Cultural, "B/HC" Two-Family Residential Historic and Cultural, "ER/HC" Neighborhood Commercial Restricted/Historical and Cultural, "E/HC" Neighborhood Commercial/Historic and Cultural and "CF" Community Facilities/Historic and Cultural Landmark, Zoning Docket No. ZC-06-201, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 45 of 50 Juna Allen Harris Ms. Juna Allen Harris, 1037 Colvin Street, appeared before the City Council and expressed appreciation to Fernando Costa and Julie Lawless of Planning, Council Members Silcox and Wheatfall and the entire Council as a body, Eileen Boyd, and the Morningside Neighborhood Association for this historic and cultural designation. ZC-06-202 Council Member Scarth made a motion, seconded by Council Member Davis, Approved that the application of Emerging Properties 1, LTD., for a change in zoning of property located at 6750 Fossil Bluff Drive from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R-2" Townhouse/Cluster Residential, with rear entry garages and with site plan required, Zoning Docket No. ZC-06-202, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. {See subsequent action taken on Page 46.1 SP-06-028 Council Member Espino made a motion, seconded by Council Member Approved Wheatfall that the application of Alex Guevara, Jr., for site plan of property located at 1217 Grand Avenue to amend "PD-116" to expand existing medical clinic, Site Plan No. SP-06-028, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-203 Council Member Burdette made a motion, seconded by Council Member Approved Silcox, that the application of Owen BCR Partners, LTD., for a change in zoning of property located at 6318 Ten Mile Bridge from "A-5" One Family Residential and "E" Neighborhood Commercial to "E" Neighborhood Commercial, Zoning Docket No. ZC-06-203, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-205 Council Member Scarth made a motion, seconded by Council Member Approved Wheatfall, that the application of TRBP, LTD., for a change in zoning of property located in the 2600 through 3050 blocks of Northern Cross Boulevard, 2600 through 3100 blocks of Northeast Loop 820, 5000 North Freeway and 5050 North Sylvania Avenue from "G" Intensive Commercial and "J" Medium Industrial to "I" Light Industrial, Zoning Docket No. ZC-06-205, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-208 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, SP-06-033 that the application of Diversified Capital for a change in zoning of property Continued for One located at 1401 South Main Street, 1290 Bryan Avenue and 1317 Calhoun Week Street from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 46 of 50 with site plan required, Zoning Docket No. ZC-06-208 and Site Plan No. SP- 06-033, be continued for one week. The motion carried unanimously nine (9) ayes to zero (0) nays. Reconsideration of Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, ZC-06-202 that Zoning Docket No. ZC-06-202 be reconsidered at this time. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-202 Mr. Eugene Middleton, 6750 Hillcrest Boulevard, #100, Dallas, Texas, Continued until appeared and requested that the City Council continue the application of November 7, 2006 Emerging Properties 1, LTD., 6750 Fossil Bluff Drive from "G" Intensive Eugene Middleton Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R- 2" Townhouse/Cluster Residential, with rear entry garages and with site plan required, Zoning Docket No. ZC-06-202 until November 7, 2006. Council Member Scarth made a motion, seconded by Council Member Davis, that the application of Emerging Properties 1, LTD., for a change in zoning of property located at 6750 Fossil Bluff Drive from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R-2" Townhouse/Cluster Residential, with rear entry garages and with site plan required, Zoning Docket No. ZC-06-202, be continued until November 7, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-209 Council Member Burdette made a motion, seconded by Council Member SP-06-031 Silcox, that the application of Marc B. Smith, Jr., for a change in zoning of Approved property located at 4517 and 4519 Bryce Avenue from "I" Light Industrial" to "PD/SU" Planned Development/Specific Use for office/warehouse, no outside storage, no freestanding signs, and with site plan required, Zoning Docket No. ZC-06-209 and Site Plan No. SP-06-031, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Randy Lockhart Mr. Randy Lockhart, 1803 Chisec Court, Granbury, Texas, appeared before the ZC-06-210 City Council and requested that Zoning Docket No. ZC-06-210 be continued Continued until until December 5, 2006. December 12, 2006 City Secretary Hendrix informed Council that the City Council meeting of December 5, 2006 had been cancelled and that the hearing would need to be considered at the Council meeting of December 12, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 47 of 50 Council Member Burdette made a motion, seconded by Council Member Silcox, that the application of Hayco Realty, LTD., for a change in zoning of property located in the 6100 block of Bowman Roberts Road and the 5100 block of Cromwell Marine Creek Road from "C" Medium Density Multi- Family Residential, "CR" Low Density Multi-Family Residential, "D" High Density Multi-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-210, be continued until December 12, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Catherine Griffin Catherine Griffin, 4621 Pershing Avenue, appeared before the City Council in ZC-06-212 favor of the zoning change. She advised Council that this neighborhood had a Approved little of everything in it from single-family to duplexes and stated that approval of this zoning case would be more in line with the Comprehensive Plan. L. Craig Johnson, Mr. L. Craig Johnson, I, 4600 Pershing Avenue, appeared before the City I Council and expressed opposition to the proposed zoning of all of the homes in the 4600 block through 4637 block of Pershing becoming "A-5" One-Family Residential. He stated that it would be a neighborhood of non-conforming use and a financial hardship to the residents. He further stated that this would be illegal to require such and requested the zoning case be denied. Sean and Melanie Mr. Sean Sullivan and Ms. Melanie Sullivan, 2225 Carleton Avenue, appeared Sullivan before the City Council and expressed opposition to the propose zoning change of the 4600 to 4637 block of Pershing Avenue. Ms. Sullivan stated that there were many duplexes in this area, and that some of the duplexes had individual owners on each side and that Council should look at some other avenues in order to preserve the history in this community. They spoke about the issue that if the duplexes burned down, the could not be rebuilt under the proposed zoning. Council Member Burdette spoke about the present uses on the lots and that the "A-5" zoning reflected those uses. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located in the 4600 through 4637 block of Pershing Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-212, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 48 of 50 ZC-06-213 Council Member Burdette made a motion, seconded by Council Member Approved Espino, that the application of the City of Fort Worth for a change in zoning of property located in the 1900 through 2021 block of Hillcrest Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-213, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-214 Council Member Burdette made a motion, seconded by Council Member Approved Silcox, that the application of the City of Fort Worth for a change in zoning of property located in the 4000 through 4037 block of Bryce Avenue and 2021 Clover Lane from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-214, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-072 Council Member Burdette made a motion, seconded by Council Member Denied Without Silcox, that the application of Mellisa Stewart for a change in zoning of Prejudice property located in the 1700 block of Avondale Haslet Road from "A-5" One- Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC- 06-072, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-192 Mr. Ottis Lee, III, 1192 Boling Ranch Road, N., Azle, Texas, appeared before SP-06-027 the City Council and expressed opposition to the denial of Zoning Docket No. Denied Without ZC-06-192 and SP-06-027. Prejudice Ottis Lee, III Council Member Burdette stated that the other property owners had a 30 foot setback and with this property was supposed to only have a 10 foot setback was a concern to the neighbors and he made a motion, seconded by Council Member Silcox, that the application of Zood, L.P., for a change in zoning of property located in the 7700 block of Trailridge Drive from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "A- 5" One-Family Residential; with a front building setback of 10 foot, and no garage doors shall face or be less than 30 feet from the street right-of-way, and with site plan required, Zoning Docket No. ZC-06-192 and Site Plan No. SP- 06-027, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 2006 PAGE 49 of 50 ZC-06-206 It appeared that the City Council, at its meeting of September 19, 2006, Continued until continued the hearing of the application of Waterview Estates North, L.P., for a November 14, change in zoning of property located in the 5100 through 5200 block of East 2006 Loop 820 South from "MH" Manufactured Housing to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-06-206. 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 Waterview Estates North, L.P., Council Member Wheatfall made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-206 be continued until November 14, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. Chris Bonilla Mr. Chris Bonilla, 3204 S. Main, representing the applicant, Epoch Homes, ZC-06-207 appeared before the City Council and advised Council that there was a SP-06-030 misunderstanding or misinterpretation of the intent of Epoch Homes. He Continued until requested that Council continue this zoning case to allow his client to meet with November 7, 2006 Council Member Burdette. Melanie Sullivan Ms. Melanie Sullivan, 2225 Carleton Avenue, appeared before the City Council in support of Zoning Docket No. ZC-06-207. She stated that building standards were needed in the City. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that the application of Epoch Homes for a change in zoning of property located at 4515 and 4533 Harley Avenue from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "A-R" One-Family Restricted Residential, with site plan required, Zoning Docket No. ZC-06-207 and Site Plan No. SP-06-030, be continued until November 7, 2006. 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 Burdette made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 3,2006 PAGE 50 of 50 ORDINANCE NO. 17229-10-2006 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. Keith White. 3227 Greentee #132, Pantego, Texas, appeared before the Citizen City Council and advised Council that the Greater Southwest Model Airplane Presentations Club was discriminating against patrons who did not have the right model Keith White plane. He stated that he was asked to leave because he had electric-motor airplanes instead of gas airplanes. He requested that the City Council place a noise restriction on the Club.. Agenda Item XVII There being no further business, the meeting was adjourned at 12:10 a.m. Adjournment These minutes approved by the Fort Worth City Council on the 10th day of October, 2006. Attest: Approved: Marty He drix Michael J. Moncrie City Secretary Mayor