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HomeMy WebLinkAbout2006/11/28-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 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 10:39 a.m. on Tuesday, November 28, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall temporarily absent. Agenda Item H The invocation was given by Pastor Tim Presson, Christ the Redeemer Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Silcox stepped away from the dais.) Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Approval of Davis, the minutes of the regular meeting of November 14, 2006, the special Minutes meeting on November 16, 2006, and the joint meeting of the School Board of Trustees of Eagle Mountain-Saginaw ISD, Lake Worth ISD, Northwest ISD and White Settlement ISD on November 6, 2006, were approved unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. Agenda Item V Mayor Pro tem Hicks presented a Proclamation for World AIDS Day to Ms. Special Dara Austin, Executive Director and Allan Gould, Director of Development Presentations and Marketing for the AIDS Outreach Center of Greater Tarrant County. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 2 of 28 (Council Members Silcox returned to his chair at the dais and Council Member Wheatfall assumed his chair at the dais.) Council Member Scarth presented a Proclamation for Cowtown Brushup Appreciation Day to the following sponsor representatives: Robert Terrell CH2M Hill, Inc., Fort Worth Area Manager Sandra D. Hoover Home Depot, Human Resources Manager Betty G. Kirkse Burlington Northern Santa Fe Railway Council Member Scarth also acknowledged the following Cowtown Brush Up sponsors: Sprint, Colonial Savings, Ford Motor Credit, Ben E. Keith, Kelly- Moore Paint Company, Empire Disposal, Telecom Pioneers, AT&T, and Always a Memory Video. Mayor Pro tem Hicks recognized four members of the T.A. Sims Elementary School Bulldogs Football Team for their recent City Championship victory. Each team member received a Molly pin. Agenda Item VI Council Member Burdette announced that a District 7 Town Hall meeting Announcements would be conducted on December 5, 2006, at 6:30 p.m. at Christ Chapel Bible Church, 3740 Birchman Avenue. He stated that various City departments would provide presentations and respond to any concerns. He added that another District 7 Town Hall meeting would be held on January 16, 2007, at 6:30 p.m. at the Brewer High School 9th Grade Center, 1025 W. Loop 820, with the same presentations provided. Council Member Wheatfall announced that this evening there would be a public meeting regarding the rezoning of Avenue M at the Poly United Community Center. He added the rezoning would bring the neighborhood in line with the Comprehensive Plan of"A-5" Single Family from the "B" Multi Family it was currently zoned. He also congratulated the fighting Texas A&M Aggie Football Team for their victory over the University of Texas at Austin on November 24, 2006. Due to audio difficulties in the Council Chamber, Council Member Davis announced the following on behalf of Mayor Pro tem Hicks. On December 2, 2006, there would be a ground breaking ceremony for the new Ella Mae Shamblee Branch Library at 1062 Evans Avenue. She added it was the first of what was hoped would be a much larger scale development there in the future and that Mayor Moncrief and Mayor Pro tem Hicks would be present to celebrate the beginning of many great things to come. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 3 of 28 Council Member Espino announced that he, Mayor Pro tem Hicks and Council Member Scarth would host a District 2, 4 and 8 Holiday Luncheon for seniors on December 12, 2006, at 11:00 a.m. at the Riverside Community Center. He added that City representatives would be present to provide information on gas wells in the area. Council Member Silcox expressed appreciation to the City's general employees, Police Officers and Firefighters who worked the Thanksgiving holiday in support of City operations which allowed the rest of the City employees the opportunity to enjoy the holiday with their families. Council Member Scarth expressed appreciation to Downtown Fort Worth, Inc., and to Sundance Square for the great job they did on the Parade of Lights on November 24, 2006. He added that it was his first time to participate and that next year's event would be even larger. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15500 and C-21854 be withdrawn from the consent agenda. Consent Agenda Council Member Silcox requested that Mayor and Council Communication No. C-21853 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-21854 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1586 M&C OCS-1586 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 4 of 28 G-15495 M&C G-15495 - Authorizing the City Manager to accept from the State of Ord. No. 17292- Texas - Governor's Division of Emergency Management an additional award of 11-2006 $224,400.00 to the City of Fort Worth's FY 2005 Homeland Security Grant; Accept Additional and adopting Appropriation Ordinance No. 17292-11-2006 increasing FY 2005 State of estimated receipts and appropriations in the Grants Fund in the amount of Texas Homeland $224,400.00 subject to receipt of the Homeland Security Grant from the State Security Grant of Texas Governor's Division of Emergency Management, for the purpose of Funds enhancing the capability to prevent, respond to, and recover from acts of terrorism and natural disasters. G-15496 M&C G-15496 - Approving the FY 2006-07 subsidy for ambulance services to Approve FY 2006- Area Metropolitan Ambulance Authority d/b/a MedStar in the amount of 07 Subsidy for $1,311,021.00. Ambulance Services G-15497 M&C G-15497 - Authorizing payment to CGI-AMS for the annual Annual maintenance and support of the Budget Research and Analysis System Maintenance and (BRASS) at a cost not to exceed $48,620.25. Support for BRASS G-15498 M&C G-15498 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Officer Albert Herrera retroactive from August 23, 2006, Leave-of-Absence through February 23, 2007. Pay Benefits for Officer Albert Herrera G-15499 M&C G-15499 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Firefighter William Thompson beginning November 10, 2006, Leave-of-Absence through May 10, 2007. Pay for Firefighter William Thompson P-10491 M&C P-10491 - Authorizing a professional services agreement with Harris Annual Physical Occupational Health for physical fitness and medical testing for the Police Fitness and Department based upon the best evaluated qualification received, with Medical Testing payments due 30 days after receipt of an invoice; and authorizing this professional services agreement to begin on November 28, 2006, and expire November 27, 2007, with options to renew for four additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 5 of 28 L-14265 M&C L-14265 - Authorizing the direct sale of a .501 acre parcel of City Fee Sale of City Fee Owned Surplus Property located on West Daggett and South Adams Street Owned Surplus described as a portion of Lots 17R2, 2C2, 2E2 and 2A2, Block 22, Jennings Property South Addition to the Tarrant County Association for the Blind for the agreed appraised fair market value purchase price in the amount of $86,717.00; authorizing and accepting a 201 square foot right-of-way easement(DOE 4953) for the purpose of a handicap access ramp, from Tarrant County Association for the Blind for $1.00; and authorizing the City Manager to execute and record the necessary documents. PZ-2710 M&C PZ-2710 - Adopting Ordinance No. 17293-11-2006 vacating and Ord. No. 17293- extinguishing an excess portion of the right-of-way along Tulsa Way adjacent 11-2006 to Lots 1 through 3, Block 7, Hi-Mount Addition, an addition to the City of Fort Excess Right-of- Worth, Tarrant County, Texas; and waiving any and all fee value of the vacated Way Vacation area in accordance with City Ordinance No. 13767 (M&C G-12532, April 6, (VA-06-020) 1999). C-21850 M&C C-21850 - Authorizing the City Manager to execute a Public Right-of- Barnett Way Use Agreement with Barnett Gathering, LP (Barnett Gathering) that grants Gathering, LP Barnett Gathering a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21851 M&C C-21851 - Authorizing the City Manager to execute a contract with Cornerstone Cornerstone Systems, Inc., for mainframe computer programming services for Systems, Inc. the Information Technology Solutions Department at a cost not to exceed $124,305.00. C-21852 M&C C-21852 - Authorizing the City Manager or his designee to execute a Friends of Old contract with Friends of Old Fire Station No. 10, a neighborhood based 501(c) Fire Station No. 10 organization, for $170,000.00 in Community Development Block Grant funds to rehabilitate the historic fire station located at 2800 South Lipscomb Street in the South Hemphill Heights neighborhood; authorizing the contract performance period to begin on the date of contract execution and end 24 months thereafter; and authorizing the City Manager to, if necessary, amend or extend the contract for a period of up to 12 months if requested by the non- profit and provided that such amendment or extension is compatible with the goals of the South Hemphill Heights Model Blocks program and in compliance with applicable laws and regulations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 6 of 28 C-21855 M&C C-21855 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 City Secretary Contract No. 31696 with TranSystems Corporation, for water to CSC No. 31696 and sanitary sewer relocations for SH-121T (Southwest Parkway), Part 1 from - TranSystems Hulen Street to Summit Avenue (City Project No. 00203), in the amount of Corporation $91,089.00 to provide for additional engineering services, thereby increasing the contract amount to $798,544.00. C-21856 M&C C-21856 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 City Secretary Contract No. 30905 with DeOtte, Inc., for the 2004 CIP Minor to CSC No. 30905 Channel Improvements Projects: Contract D - Miscellaneous Channel - DeOtte, Inc. Improvements Drainage Project (Project No. 00096), in the amount of $38,000.00 to provide additional engineering services on the project, thereby increasing the contract amount to $160,590.00. C-21857 M&C C-21857 - Approving the acceptance of a lease agreement for natural gas Dale Resources, drilling under 90.996 mineral acres more or less of City-owned properties LLC located in Tarrant County, Texas, known as the Brennan Avenue Service Center to Dale Resources, LLC, for a two-year term. C-21858 M&C C-21858 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33358 with S.J. Louis Construction of Texas, 1 to CSC No. Ltd., for construction of Sanitary Sewer Main M244-A Village Creek Parallel 33358 - S.J. Louis Collector - Contract 3 (Project No. 00319), in the amount of $30,174.50, Construction of thereby increasing the contract amount to $3,345,013.19. Texas, Ltd. C-21859 M&C C-21859 - Authorizing the City Manager to execute requirement SAM Inc., Teague contracts to provide land surveying services with the firms of SAM, Inc., Nall and Perkins, Teague Nall and Perkins, Inc., and The Wallace Group, Inc., for a period of two Inc., and The years with an aggregate fee not to exceed $250,000.00 annually per firm, with Wallace Group, an option at the City's sole discretion, for a one-year extension. Inc. C-21860 M&C C-21860 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33507 with S.J. Construction of Texas, Ltd., for 1 to CSC No. Walnut Creek Sanitary Sewer, Phase I (City Project No. 00343), in the amount 33507 - S.J. Louis of$76,900.00, thereby increasing the contract amount to $2,463,460.39. Construction of Texas, Ltd. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 7 of 28 C-21861 M&C C-21861 - Authorizing the City Manager to execute a lease agreement Fort Worth with the Fort Worth Housing Authority for office space located at 5004 Avenue Housing Authority G for the Police Department at a cost of $1.00 per year; and authorizing the lease term to begin March 1, 2006, and expire February 28, 2007, with two one- year renewal options. C-21862 M&C C-21862 - Authorizing the City Manager to execute an interlocal City of Euless agreement with the City of Euless to install and operate an air monitor within the boundaries of Euless. C-21863 M&C C-21863 - Authorizing the City Manager to execute an interlocal City of North agreement with the City of North Richland Hills to install and operate an air Richland Hills monitor within the boundaries of North Richland Hills. C-21864 M&C C-21864 - Authorizing the Water Department to provide water and sewer Mark McDowell service at 1.25 times the retail rate pursuant to the City Code Section 35-60 "Uses Outside City" to Mr. Mark McDowell to serve his business at 1302 Katy Road, located in Tarrant County, outside of the Fort Worth City limits. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI Mr. Estrus Tucker, Human Relations Commission Chair, presented the Human Human Relations Relations Commission 2005-2006 Annual Report. He announced that in Commission 2005- accordance with their 2006-2007 goals, the Commission would be hosting a 2006 Annual Community Forum this evening with the focus on senior rights. He added that Report the forum would be from 7:00 to 9:00 p.m. at the Handley-Meadowbrook Community Center located at 6201 Beaty Street. He further stated that the forum would give the community an opportunity to learn more about the needs of Fort Worth seniors, especially as it related to housing and employment rights. He expressed appreciation to the Council for their support and stated that the Commission would continue to work with the Council and City Manager on matters involving discrimination. Council Member Davis expressed appreciation to the Human Relations Commission for work that was out of the public eye, but that was so incredibly important. She stated that she had seen the work of the Commission go forward in a very powerful way; not just reacting, but being proactive in elevating the people in the community and making sure everyone embraces diversity in a very holistic way. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 8 of 28 Mayor Moncrief stated that he was excited about this evening's meeting as seniors were a population that was often overlooked and often in the shadows. He reiterated that although much of the Commission's work was "below the radar", it was very critical to the life of the City. Agenda Item XIII There was presented a resolution nominating a portion of the Stop Six Res. No. 3435-11- Neighborhood Sunrise Edition for designation as a Historic and Cultural 2006 Landmark(HC)District. Nominate Portion of Stop Six Council Member Wheatfall made a motion, seconded by Council Member Neighborhood for Espino, that Resolution No. 3435-11-2006 be adopted. The motion carried Designation as HC unanimously nine (9) ayes to zero (0) nays. District AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15491 There was presented Mayor and Council Communication No. G-15491, dated Continued Until November 14, 2006, from the City Manager recommending that the City December 12, 2006 Council authorize the Water Department to provide water and sewer service at 1.25 times the retail rate to serve a 144 unit apartment complex (Enclave at Parkview Apartments) located on the west side of Old Decatur Road, located in Tarrant County, outside of the Fort Worth City limits pursuant to City Code Section B 35-60 "Uses Outside City"; and authorize the City Manager to execute an agreement for such services. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15491 be continued until the December 12, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15500 There was presented Mayor and Council Communication No. G-15500 from Ord. No. 17294- the City Manager recommending that the City Council adopt an ordinance 11-2006 adjusting the total number of authorized civil service positions at each Adjust Authorized classification (rank) in the Fire Department for Fiscal Year 2006-2007; Civil Service providing for the creation of one additional Captain position; two additional Staffing in Fire Lieutenant positions; three additional Engineer positions; ten additional Department Firefighters; providing a statement of purpose and intent. City Manager Boswell stated that the "Discussion" section of the M&C needed to be corrected to reflect a"Proposed" total of"837" and not"821". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 9 of 28 Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication G-15500 be approved as amended and Ordinance No. 17294-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15501 There was presented Mayor and Council Communication No. G-15501 from Allocate FY 2006 the City Manager recommending that the City Council allocate current year FY CDBG and 2006 Community Development Block Grant (CDBG) and HOME Grant funds HOME Grant in the amount of $1.2 million for the Model Blocks Program to the Historic Funds for Historic Carver Heights Model Blocks Program. Carver Heights Model Block Council Member Wheatfall made a motion, seconded by Council Member Program Silcox, that Mayor and Council Communication No. G-15501 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15502 There was presented Mayor and Council Communication No. G-15502 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for West Manager to initiate certain zoning changes for the West Berry Street Corridor Berry Street area fronting Berry Street, east of the Berry/University Urban Village from "A- Corridor 5" One-Family, "B" Two-Family, "E" Neighborhood Commercial, "ER" Neighborhood Commercial Restricted, "F" General Commercial, "FR" General Commercial Restricted, "I" Light Industrial and "PD" Planned Development to "MU-1" Low Intensity Mixed-Use. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15502 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Espino stepped away from the dais.) G-15503 There was presented Mayor and Council Communication No. G-15503 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Panther Heights Panther Heights neighborhood from "A-5" One-Family to "A-21" One-Family, in accordance Neighborhood in with the 2006 Comprehensive Plan. Accordance with 2006 Council Member Jordan stated that this was an example of where the City's Comprehensive past zoning rules allowed for "A-5" zoning; however, this land was platted as Plan one acre lots and of the 159 lots, 59 were less than an acre and under the current rules the area could not be zoned "A-43" but "A-21". He asked staff if the zoning could go forward and potentially at some point zone the one acre lots as "A-43". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 10 of 28 Mr. Fernando Costa, Planning Department Director, stated that there was no legal prohibition against rezoning the property to "A-43" and in doing so, the City would create a large number of legal non-conforming lots and because there was no geographic area that would represent a coherent "A-43" zoning district, staff was recommending "A-21" zoning for half acre minimum lot sizes. Council Member Jordan stated that in some of the City's original zoning cases the City looked at average size lots on a plat and went with the higher zoning. He stated that there was a "Catch 22" in that if the zoning was "A-21" then there was still a potential at some future date to divide a one-acre lot into two parcels; however, if the zoning was "A-43" then 59 lots would be non- conforming as one-acre lots. Mr. Costa responded that approximately 37 percent of the lots would be non- conforming and the City had a rule of thumb, not a legal provision, that at least 90 percent of the lots should be conforming. He added that in this case fewer than two-thirds would be conforming under "A-43" and that is why staff recommended "A-21" zoning. Council Member Jordan then asked if the "A-21" zoning required a platting process before the City Plan Commission to subdivide a one-acre lot. Mr. Costa responded that it would still be required to go before the City Plan Commission. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15503 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15504 There was presented Mayor and Council Communication No. G-15504 from Pay Relocation the City Manager recommending that the City Council authorize the payment of and Moving relocation and moving expenses to Universal Air Conditioner, not to exceed Expenses for $53,700.00, as a displaced business, from 3811 Rutledge, in the Vickery Right-of-Way for Corridor, Parcel No. 60-A3, for right-of-way for the Southwest Parkway Project Southwest (DOE 3777). Parkway Project Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15504 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 11 of 28 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15505 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-006, Continued Until to relocate a future unnamed minor arterial in the proposed Ranch at Mary's December 12, 2006 Creek Addition that connects Old Weatherford Road to the future extension of Westpoint Road, Mayor and Council Communication No. G-15505. Mayor Moncrief opened up the public hearing and asked if there was anyone present desiring to be heard. (Council Member Espino returned to his chair at the dais.) Thad Brundrett Mr. Thad Brundrett, 777 Main Street, appeared before Council in support of the amendment. He stated that he had recently learned that his client had requested a continuance of this case through Council Member Silcox. He added that he was concerned that two other families were involved with this issue and requested that if there was discussion about moving roadways around, the two families be included in those discussions. (Mayor Pro tem Hicks stepped away from the dais.) There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15055 be continued until the December 12, 2006, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. PZ-2711 City Secretary Hendrix stated that Mayor and Council Communication No. PZ- Heard with 2711, Institution and Approval of the Voluntary Full Purpose Annexation of Zoning Docket No. Approximately 34.75 Acres of Land in Tarrant County, Located East of Boat ZC-06-218 Club Road and North of Bailey Boswell Road (AX-06-007, Parks at Boat Club), would be heard with its associated zoning case, ZC-06-218. (See Page 15) C-21853 There was presented Mayor and Council Communication No. C-21853 from the Ord. No. 17295- City Manager recommending that the City Council adopt an appropriation 11-2006 ordinance increasing estimated receipts and appropriations in the Capital Ord. No. 17296- Projects Reserve Fund in the amount of $150,000.00 from available funds for 11-2006 the purpose of transferring said funds to the Specially Funded Capital Projects Fund to execute an amendment to the contract with Carter & Burgess, Inc., for architectural services related to the detailed evaluation of the City Hall; authorize the transfer of$150,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; adopt an appropriation ordinance CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 12 of 28 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Funds in the amount of $150,000.00 from available funds for the purpose of executing an amendment to the contract with Carter & Burgess, Inc., for architectural services related to the City Hall evaluation; and authorize the execution of an amendment to the contract with Carter & Burgess, Inc., in the amount of $146,000.00 for architectural services related to the detailed evaluation of the City Hall. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21853 be approved and Appropriation Ordinance Nos. 17295-11-2006 and 17296-11-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-21854 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21854, Approval of Covenant and Agreement Regarding Storm Drain with Centex Homes, be withdrawn from consideration. C-21865 There was presented Mayor and Council Communication No. C-21865 from the TRBP Limited, a City Manager recommending that the City Council authorize the City Manager Texas Limited to execute a Community Facilities Agreement with TRBP Limited, a Texas Partnership, by Limited Partnership, by B.A.S. Holdings, L.L.C., its General Partner, for the B.A.S. Holding, installation of water and sewer services to serve Northern Crossing West L.L.C., its General Addition, located in north Fort Worth. Partner Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21865 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-21866 There was presented Mayor and Council Communication No. C-21866 from the Cleburne Utility City Manager recommending that the City Council authorize the construction Construction, Inc. of two approach sanitary sewer lines to serve Pine Tree No. 1 and Pine Tree No. 2 Mobile Home Subdivisions under City Secretary Contract No. 33534 with Cleburne Utility Construction, Inc., located at Block 1, Lot A of Pine Tree Mobile Home Estates and Block 1, Lot 51R of Pine Tree Estates #2. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21866 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 13 of 28 C-21867 There was presented Mayor and Council Communication No. C-21867 from the Pat Svacina d/b/a City Manager recommending that the City Council authorize the City Manager PAS to execute a contract with Pat Svacina d/b/a PAS Communications for personal Communications services involving communication services relative to state legislative and federal issues for an initial term of seven months from December 1, 2006, to June 30, 2007, at a cost of $48,300.00. Thereafter, the City Manager may extend this contract on a month-to-month basis through September 30, 2007, at a monthly cost of$6,900.00 per month. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21867 be approved. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks absent and Council Member Silcox casting the dissenting vote. C-21868 There was presented Mayor and Council Communication No. C-21868 from the A. Glen Mace and City Manager recommending that the City Council approve a five-year Ricci N. Mace Municipal Property Tax Abatement for a property located at 1312 Washington Avenue owned by A. Glen Mace and Ricci N. Mace in the Magnolia Village Neighborhood Empowerment Zone (NEZ); find that the statement set forth in the recitals of the Tax Abatement Agreement with A. Glen Mace and Ricci N. Mace are true and correct; and authorize the City Manager to enter into a five- year Tax Abatement Agreement with A. Glen Mace and Ricci N. Mace for the property at 1312 Washington Avenue in the Magnolia Village Neighborhood Empowerment Zone in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21868 be approved. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks absent and Council Member Silcox casting the dissenting vote. C-21869 There was presented Mayor and Council Communication No. C-21869 from the Gregory Taylor City Manager recommending that the City Council approve a five-year and Sara Taylor Municipal Property Tax Abatement for a property located at 1328 Washington Avenue owned by Gregory Taylor and Sara Taylor in the Magnolia Village Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with Gregory Taylor and Sara Taylor are true and correct; and authorize the City Manager to enter into a five- year Tax Abatement Agreement with Gregory Taylor and Sara Taylor for the property at 1328 Washington Avenue in the Magnolia Village Neighborhood Empowerment Zone in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 14 of 28 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21869 be approved. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks absent and Council Member Silcox casting the dissenting vote. C-21870 There was presented Mayor and Council Communication No. C-21870 from the Ord. No. 17297- City Manager recommending that the City Council adopt a supplemental 11-2006 appropriation ordinance increasing appropriations in the Culture and Tourism Ord. No. 17298- Fund in the amount of $12,000.00 and decreasing the unreserved, designated 11-2006 fund balance by the same amount, for the purpose of funding an amendment to Southwestern the Southwestern Exposition and Livestock Show Lease Agreement and Exposition and funding for a promotion and marketing program for the Stock Show and Rodeo Livestock Show and Will Rogers Memorial Center; adopt a supplemental appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $60,000.00 from a receivable from the Convention and Visitors Bureau, for the purpose of funding an amendment to the Southwestern Exposition and Livestock Show Lease Agreement and funding for a promotion and marketing program for the Stock Show and Rodeo and Will Rogers Memorial Center; and authorize the City Manager to execute an amendment to the Southwestern Exposition and Livestock Show Lease Agreement for the purpose of delineating the hiring schedule and assistance by the city staff during the annual Stock Show and Rodeo and funding for a promotion and marketing program for the Stock Show and Rodeo and the Will Rogers Memorial Center from the Culture and Tourism Fund. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21870 be approved and Supplemental Appropriation Ordinance Nos. 17297-11-2006 and 17298-11- 2006 be adopted. The motion carried unanimously (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Agenda Item XV It appeared that the City Council set today as the date for a second public Second Public hearing for a proposed voluntary annexation of approximately 84.139 acres of Hearing land in Tarrant County, located north of Boat Club Road and west of Harbour Voluntary View Lane (AX-06-009 La Fronteria). Mayor Moncrief opened the public Annexation hearing and asked if there was anyone present desiring to be heard. (AX-06-009 La Fronteria) Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and stated the correct acreage was 184.139. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 15 of 28 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Second Public It appeared that the City Council set today as the date for a second public Hearing hearing for a proposed City initiated annexation of approximately 5.2 acres of City Initiated existing TxDOT right-of-way of Boat Club Road (AX-06-010 Boat Club Annexation Road). Mayor Moncrief opened the public hearing and asked if there was (AX-06-010 Boat anyone present desiring to be heard. Club Road) Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL 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 October 20, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. PZ-2711 There was presented Mayor and Council Communication No. PZ-2711 from the Ord. No. 17299- City Manager recommending that the City Council institute and consider the 11-2006 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of approximately 34.75 acre tract of land located east of Boat Club Annexation Road and north of Bailey Boswell Road and south of Park Drive, situated in the (AX-06-007, Parks G.T. Walters Survey, Abstract No. 1696, and the B. Thomas Survey, Abstract at Boat Club) No. 1497, Tarrant County, Texas (Case No. AX-06-007, Parks at Boat Club), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 16 of 28 Council Member Burdette advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would be abstaining from voting on this issue. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2711 be approved and Ordinance No. 17299-11-2006 be adopted. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Member Burdette abstaining. ZC-06-218 Council Member Burdette advised the Council that he had filed a Conflict of Approved Interest Affidavit with the City Secretary and would be abstaining from voting on this issue. (Mayor Pro tem Hicks returned to her chair at the dais.) Council Member Espino made a motion, seconded by Council Member Scarth, that the application of Centex Homes for a change in zoning of property located at 9501 Park Drive from Unzoned to "A-5" One-Family Residential, Zoning Docket No. ZC-06-218, be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Burdette abstaining. ZC-06-248 It appeared that the City Council, at its meeting of November 14, 2006, Approved continued the hearing of the application of Atlantis Realty Dr. for a change in zoning of property located at 2101 Terminal Road from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use plus wholesale storage and production of biodiesel, with waiver of site plan recommended, Zoning Docket No. ZC-06-248. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Thomas Paquin Mr. Thomas Paquin, 12009 Vienna Apple Road, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of Atlantis Realty Dr., Council Member Espino made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-06-248 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 17 of 28 AGENDA ITEM XVIB—ZONING HEARING: CASES RECOMMENDED FOR DENIAL ZC-06-253 Ms. Natalie Brackett, 4409 El Campo Avenue, representing the Zoning SP-06-041 Committee of the Arlington Heights Neighborhood Association and several Continued Until property owners in the Crestline Road and Montgomery Street area, appeared After Executive before Council in support of the City Zoning Commission's denial of the Session zoning change. She provided a PowerPoint briefing that reflected the Natalie Brackett neighborhood association's position and outlined the reasons to deny the zoning change as follows: • Significant deviation from 2006 Comprehensive Plan ■ Property at issue zoned Neighborhood Commercial on Future Land Use Map ■ Applicant seeks to build property that deviates from these parameters in height, parking, and encroachment into the neighborhood ■ 1990 Cultural District Plan does not control the 2006 Comprehensive Plan ❖ "Future Opportunities limited to low and mid rise use developments that maintain the scale of the surrounding neighborhood" • Incompatible with existing neighborhood • "Neighborhoods are our most basic community building blocks. Strengthening the capacity of neighborhoods to achieve their goals will have positive impact on Fort Worth's Future" — 2006 Comprehensive Plan • "Encourage compatible development between the residential and commercial properties along the west side of the Montgomery Street Corridor'—Appendix C, 2006 Comprehensive Plan • "Based on the deviation from the established height and encroachment pattern, the proposed zoning and use are not compatible at this location" — Staff Report for ZC-06-253 • Subject to Adverse Staff Report • Proposed zoning and use are not compatible based on established height and encroachment pattern ❖ Deviation from pattern of primarily single story commercial uses ❖ Extends 200 feet west along Crestline, surrounding commercial uses extend half of this distance • Proposed zoning and use not consistent with the Future Land Use Map and Comprehensive Policies CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 18 of 28 • Subject to adverse recommendation from Zoning Commission • Significant Neighborhood Opposition ■ 55 letters of opposition from residential property owners on file ■ Owner of residential property on 3600 Block of Crestline present to express concerns of every property owner that resides on this block Ms. Brackett requested that the Council delay action on the zoning case until December 12, 2006, or deny the case as it presently stood. Robert Taylor Mr. Robert Taylor, 3626 Crestline Road, appeared before Council in support of the City Zoning Commission's denial of the zoning change. He stated that he represented all of the property owners on his block and added that they had presented compromises to the applicant, but that the applicant had stated the compromises would be too costly. He added that he was troubled that the applicant did not offer any alternatives to the compromises and advised the Council that the neighborhood was still willing to negotiate with the applicant. He submitted a letter outlining the neighborhood's compromises and requested the Council continue the zoning case until December 12, 2006. Harry Matthews Mr. Harry Matthews, 3705 Crestline Road, appeared before Council in support of the City Zoning Commission's denial of the zoning change. He stated that Montgomery Street was a street that should be commercial and Crestline Road should be residential and offered that it was hard to consider that Crestline Road would be residential in nature if it were the only conduit for people entering a commercial building on Montgomery Street. He expressed concern with the columns in front of the building making the building appear larger, the many years it would take the trees to reach sixty feet in height, the setback off Crestline Road, and appearance of the garage in a residential area. He added that the development did not add anything to the neighborhood or City and that it was an eyesore as it stood presently. He asked the Council if they would like to see this development on the corner in their neighborhood then it should be approved; if not, then it should be denied. Dean Cochran Mr. Dean Cochran, 5327 Byers Avenue, an employee of Duer Wagner, Jr., the proposed purchaser of the building and representing the applicant in the absence of Mr. James Schell, appeared before Council in opposition of the City Zoning Commission's denial of the zoning change. He stated that this case could not be delayed as the applicant had entered into a 10/31 like-kind exchange that had a date certain by IRS regulations that required the property to close by December 12, 2006. He added that the date certain had significant economic impact to the development. He addressed some of the neighborhood concerns and stated that the applicant tried to accommodate as many as possible CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 19 of 28 without changing the architectural integrity or the basic nature of the building. He specifically addressed the height of the building, the building setback, parking and residential or multi-family zoning of the property. He stated that the roof of the building had been lowered from 62 feet 8 inches to 54 feet, a decrease of almost 9 feet; the building was moved forward (to the east) away from the neighborhood and that it was now 92 feet away from the next lot line which added a little more parking; two very large trees on the property were preserved and a lot of landscaping was present; and parking spaces had been increased to 23 spaces total. Mr. Cochran emphasized that the Wagner family planned on keeping the structure for a while and that there had already been placed in effect plans that moved the property down to another generation if the property was purchased. He stressed that their staff of four people would occupy the top floor and would lease the bottom floor of the office park which made it economically viable to the company. He added the reason they placed the parking on the bottom level was to put in gorgeous carriage house doors that they thought would be very esthetically pleasing to look at and they opened and closed automatically. He further stated that they believed the building would be compatible with what would happen in the future at this location and would set the tone for what went down the street north and south from the property. Carter Llewellyn Mr. Carter Llewellyn, 3535 West 7th Street, appeared before Council in opposition of the City Zoning Commission's denial of the zoning change. He stated that the proposed building met all the criteria of the master plan developed by the City for the Cultural District. He added that they had met with the neighborhood and made significant modifications to the plans as suggested by the neighborhood. He stated that the building would be a gateway to the Cultural District on the Westside and that this type of development in the Cultural District had been encouraged by the City. He further stated that the business would not be a retail center that would be open day and night and on the weekends; it would be an office, a less restrictive type of use, and would not be a burden on the neighborhood. He pointed out that the corner of this particular tract was used commercially as a day care center for many years. He advised that before his father's death, architectural plans for apartment units were drawn which needed no further approval from the city under the current "C" zoning. He added that he had not proceeded with these plans because he felt strongly that the proposed building would be a low density use that would be better for the neighborhood and property. He stated that this was a fabulous opportunity for the further development of the Cultural District and would not harm the neighborhood in their opinion. He advised that if the zoning request was denied, future development along Montgomery would be negatively impacted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 20 of 28 Council Member Wheatfall referred to the aerial map of the location and inquired about properties to the north and south of the site. Mr. Llewellyn stated that the property to the north belonged to Mr. Marshall Tillman and was a converted residence to an office and that the property to the south was a commercial use which he thought was a convenience store with an office above the store. He added that he believed the property further to the south was also a commercial use. Duer Wagner, Jr. Mr. Duer Wagner, Jr., 1902 Spanish Trail, appeared before Council in opposition of the City Zoning Commission's denial of the zoning change. He stated that the proposed building would be occupied by him and his employees and the second floor would be restricted to eight employees. He added that the idea for the building came from the gorgeous Santa Fe train station building downtown and he felt like it would fit in with the Cultural District. He further stated that they had complied 100 percent with the Cultural District Master Plan of 1990. He requested favorable consideration of the zoning request. Phillip Poole Mr. Phillip Poole, 3637 Watonga Avenue, appeared before Council in opposition of the City Zoning Commission's denial of the zoning change. He stated that he resided a little more than a block from the proposed building and stated that he had a chance to meet with Mr. Wagner and his representatives and that he listened to the four objections that the neighborhood had brought forward. He added that Montgomery was a two lane street until it was widened to five lanes and became a major arterial and that the opportunity to have this location to have residential abutting a major arterial was not, in his opinion as a real estate consultant, a viable use. He advised that the value of the land was about three times the value of the other housing in the area. He stated that this street was across from what would be, hopefully, a new arena that would require 5,000 or more parking spaces adjacent to Montgomery Street. He emphasized that the proposed building would be a single-user with a building of extraordinary design. He added that there were probably 500 to 600 homes in the Arlington Heights and adjacent neighborhood and that there was a small group that believed the proposed building was not the right use for the property. He further stated that the Cultural District Master Plan needed to be updated as Montgomery Street had nothing but single story and very inappropriate commercial uses along the entire frontage. He respectfully requested that the City look at this opportunity as the right use for this property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 21 of 28 Council Member Burdette commended the efforts of the Wagner family to address the concerns of the neighborhood. He stated that commercial development would happen along the west side of Montgomery Street and that there was already significant development further south of this location. He added that the applicant stated that delay of this case until December 12, 2006, would have a negative economic impact on the proposed development; however, the neighborhood and the developer could not find a middle ground and reach an agreement. He therefore made the following motion. Council Member Burdette made a motion, seconded by Council Member Silcox, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be denied without prejudice. He expressed his desire for the City to try and establish how this side of Montgomery would be established in the future as he had concerns with putting anything at this location that would set a standard that the City or anyone else would not think appropriate. Council Member Scarth stated that he had sided with the neighborhood in attempt to protect and control the type of development in their neighborhood; however, the Council was charged with making decisions that were good for the entire City overall and he personally thought the proposed building was a good design and a good project on Montgomery Street. He added that he could not imagine that a building with this few occupants and parking spaces could negatively impact traffic considering what would happen in the future. He stated that he would welcome this type of development in his neighborhood on the east side of the City. He added that looking at the alternative of apartments being built at this location he could not support Council Member Burdette's motion. Council Member Davis concurred with Council Member Scarth on this particular zoning case. She stated that this was a very good project and when she compared it to the potential of what could be built at this location, it was the lowest intensity type of a use that the neighborhood was likely to get there. She further stated that the use was a contributing use to the Cultural District development and to what was likely to happen along Montgomery Street and that it set a positive tone and not a negative tone. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 22 of 28 Council Member Jordan asked Mr. Cochran if the use was changed and the site plan delayed, would that allow them the latitude that they were looking for from an economic standpoint. Mr. Cochran responded negatively and stated that the like-kind exchange was initiated from a sale of oil and gas properties that the Wagners made and oil and gas properties under the IRS Code were deemed to be real estate. He advised that they were allowed to buy other real estate to trade for that, but there was only a 180 day turnaround and that time started when the properties were sold in June 2006 and added that by December 12, 2006, their time would have expired. He added that in order to have the plan go forward, the land had to be purchased and closed and advised that he would have to meet with the Wagner family relative to the delay of the site plan as it was an integral part of the proj ect. Council Member Espino stated that this problem was not unique to this area as it existed all over the City. He stated the height issue continued to be a problem where commercial or multi-family developments abut homeowners and that the City needed to look at building height standards. He stated that he would support Council Member Burdette's motion. Council Member Wheatfall referred to the recommendation by staff to deny the zoning and again referred to the aerial map of the area across Montgomery Street being "A-5" Single Family zoning but that the Museum of Science and History actually occupied the property. He added that the parking lot was also zoned "A-5" but when he looked at the western side of Montgomery Street, he saw planned development zoning where he presumed commercial and commercial restricted zoning was present. He pointed out that someone had now requested commercial zoning and he did not understand how that was not consistent or compatible with the Comprehensive Plan. He added that looking in terms of what was already developed and would develop on Montgomery Street he believed the Council was stepping over something that was very good for something that was perfect. He further stated that the applicant had worked very diligently with the neighborhood to address all their concerns. Council Member Jordan made a substitute motion, seconded by Mayor Pro tem Hicks, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be approved but continue Site Plan No. SP-06-041 until the December 12, 2006, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 23 of 28 Council Member Davis stated that she understood what Council Member Jordan was trying to do to try and find some middle ground on a very difficult issue. However, with a 10/31 exchange the applicant had to purchase the property. She inquired if the applicant was interested in closing on a property where there was an underlying commercial zoning use that would be granted, but not an opportunity to develop the site as planned today. Mr. Cochran responded that they were not interested in that alternative as their closing date was December 11, 2006, and they were not willing to risk closing on the property without knowing how they would be able to develop it. Council Member Jordan withdrew his substitute motion and Mayor Pro tem Hicks withdrew her second. Mayor Moncrief stated that everyone had worked hard to try and find middle ground and that everyone was proud of the Cultural District. He stated that he did not know that what was being proposed for the property was perfect, but that he knew it was a lot better than what was there now or what could be there if the City did not control and take advantage of an opportunity to try and ensure this gateway to the Cultural District along this very busy artery. He added that he was fearful that if the City did not move forward with the proposal that the City would pass up an opportunity to put a quality building in a very important place for generations to come. He further stated that he would have to oppose Council Member Jordan's motion as the Council had to look to the greater good for all of the City. Council Member Wheatfall made a substitute motion, seconded by Mayor Pro tem Hicks, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be approved with the new site plan submitted on November 22, 2006. In further deliberation, Mr. Bob Riley, Development Department Director, stated that staff had added the properties which came in this morning to the protest and that the percentage was now at 17 percent protest of the area within 200 feet. He advised that under state law, a super majority vote was required if the protest was 20 percent or more. He added that the staff had not received a copy of the new site plan referred to and that staff needed an opportunity to review that site plan prior to Council action. He added that if the Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 24 of 28 would like to delay their decision until after the Executive Session, staff would have a complete analysis of the percent protest to determine whether a super majority vote would be required. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be delayed until after the Executive Session. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Wheatfall rescinded his substitute motion, and Mayor Pro tem Hicks rescinded her second. Council Member Burdette rescinded his original motion, and Council Member Silcox rescinded his second. Mr. Riley advised the Council that staff had finalized the protest percentage as being 18 percent and stated that a super majority vote was not required. (Council Member Espino stepped away from the dais.) Item XVII Mr. Joe Don Brandon, 1415 East Lancaster, appeared before Council and stated Citizen that people could make donations to the Union Gospel Mission that supported Presentations the homeless community. He advised the Council of Bus Stop Santa.com Joe Don Brandon program where people could take Christmas photographs with Santa. He stated that the program also had an on-line labor hall where the working poor could supplement their income by submitting low cost bids on-line for residents needing repair on their property. He added that the homeless community also had the T-plus shopping program on Lancaster which provided information on bus routes, product searches and coupon sections. He further stated that an board for the organization had been developed and that a vacant seat was available for a City representative. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 25 of 28 Regular Meeting It was the consensus of the City Council that they recessed the Council meeting Recessed - at 12:37 p.m. and convened into Executive Session at 12:50 p.m. to: Agenda Item XVIII 1. Seek the advice of its attorneys concerning the following pending or Executive Session contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Herman Clay Smith v. City of Fort Worth, Cause No. 05-12- 903; b) City of Fort Worth v. 3120 Precinct Line Road, L.L.C., and Walker Branch Recycling, Inc., Cause No. 04-20857-2; c) Legal issues concerning the old Riverside Wastewater Treatment Plant; d) Legal issues concerning the Southwest Parkway (S.H. 121T); e) Legal issues concerning the sale or conveyance of city surplus property; f) Legal issues concerning the provision of water and sewer service in the City's extraterritorial jurisdiction; g) Legal issues concerning the Texas Clean Air Cities Coalition; h) Legal issues concerning any item listed on today's City Council meeting agendas; and i) Legal issues concerning the regulation of nuisances in the City's extraterritorial jurisdiction. 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 26 of 28 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. The City Council adjourned the Executive Session at 2:00 p.m. Reconvened Mayor Moncrief reconvened into regular session at 2:03 p.m. with the Mayor and all Council Members present. Mayor Moncrief opened the floor for Council action on Zoning Docket No. ZC- 06-253 and Site Plan No. SP-06-041. ZC-06-253 Council Member Burdette made a motion, seconded by Council Member SP-06-041 Silcox, that the application of Llewellan Realty, L.P., and John Carter Denied Without Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 Prejudice and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be denied without prejudice. Council Member Davis made a substitute motion, seconded by Council Member Wheatfall, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, Zoning Docket No. ZC-06-253 be approved with the following amendment: 1. The building can not be any closer than 92 feet from the western property line; 2. The building can not be an closer than 32 feet from the Crestline right of way line; 3. The building can not exceed 45 feet in height for the west elevation; 4. The building can not exceed 54 feet in height on the east elevation; 5. No more than 23 parking spaces allowed on site of which 12 would be exterior to the building; and 6. Landscape area of a minimum of 8,616 square feet; 7. Recommend continuation of Site Plan No. SP-06-041 to the December 12, 2006, Council meeting to allow staff to review of the revised site plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2006 PAGE 27 of 28 City Attorney Yett advised the Council that staff had reviewed the written protest from the neighborhood and the required super majority threshold had been met. The Council voted six (6) ayes in favor of the motion to three (3) nays, with Council Members Espino, Silcox, and Burdette casting the dissenting votes. The substitute motion failed as a super majority vote of seven (7)was not cast. Mayor Moncrief called for a vote on the original motion made by Council Member Burdette. The Council voted three (3) ayes to six (6) nays, with Mayor Moncrief, Mayor Pro tem Hicks, and Council Members Scarth, Wheatfall, Jordan, and Davis casting the dissenting votes. The original motion failed as a super majority vote of seven (7)was not cast. City Attorney Yett stated that since a super majority vote was not achieved on either motion for any action to occur on this zoning case, the final decision reverts back to the vote of the City Zoning Commission. Council Member Davis made a motion, seconded by Council Member Scarth, to reconsider Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Silcox, that the application of Llewellan Realty, L.P., and John Carter Llewellan, Jr., for a change in zoning of property located at 3601, 3605, 3609 and 3613 Crestline Road from "C" Medium Density Multi-Family Residential to "PD/SU" Planned Development/Specific Use for office uses, with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 28,2006 PAGE 28 of 28 ORDINANCE NO. 17300-11-2006 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. Agenda Item XIX There being no further business, the meeting was adjourned at 2:09 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 12th day of December, 2006. Attest: Approved: Marty Hendrix Michael . Monc City Secretary Mayor