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HomeMy WebLinkAbout2006/11/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 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 7:30 p.m. on Tuesday, November 14, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino temporarily absent. Agenda Item II The invocation was given by Reverend John Messman, St. Paul Lutheran Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Students from the St. Paul Lutheran School Orchestra played the National Anthem for the Council and audience. Agenda Item IV Upon a motion of Council Member Davis, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of November 7, 2006, were Minutes approved unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item V Council Member Davis presented a Proclamation for St. Paul Lutheran School Special Blue Ribbon Week to Headmaster Tom Geyer. Representatives from the Presentations school displayed the flag that the school had received for being recognized nationally and named a 2006 No Child Left Behind Blue Ribbon School. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 2 of 35 Council Member Wheatfall presented a Proclamation for Geographic Information Systems Day to Mr. Pete Anderson, Information Technology Solutions Chief Information Officer. Mr. Anderson invited everyone to attend GIS Day on November 15, 2006, on the lower level of City Hall. Council Member Jordan presented a Proclamation for Employee Learning Week to Shelia Mabeus, President of the Fort Worth Mid-Cities Chapter of the American Society for Training and Development. Agenda Item VI Council Member Silcox announced that despite a significant boost in a number Announcements of impounds at the Fort Worth Animal Control and Care Center in the 2006 fiscal year, the percentage of animals placed in adoption and rescue increased for the third consecutive year. He added that more than 23,000 animals were impounded during 2006, of which about 7,600 were placed through adoption, but that about 15,000 had to be euthanized. He encouraged anyone considering getting a pet to visit the Animal Care and Control Center to view the many cats and dogs in all sizes, ages and breeds available for adoption. He advised that the hours of adoption were noon to 6:00 p.m. on weekends and noon to 5:00 p.m. on weekends and that the cost for adoption was $50.00 for cats and $70.00 for dogs which included initial shots, microchip and a voucher for rabies vaccination and spay/neuter operation. Council Member Burdette announced that a District 7 Town Hall meeting 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. He further stated notices would be mailed to District 7 residents about these meetings. Council Member Jordan stated that the District 6 Town Hall meeting held last evening at North Crowley High School was very successful and that a lot of information was received from citizens on their concerns. He expressed appreciation to City Manager Boswell, Police Chief Mendoza, City Attorney Yett and City staff that attended and recognized the efforts of Jason Lamers, Public Information Officer, and his Council Aide Madelyn Gibbs to arrange the meeting. He also acknowledged the attendance of County Commissioner Roy Brooks, Superintendent Greg Gibson, and School Board President Sheri Whiting from Crowley Independent School District. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 3 of 35 Council Member Wheatfall announced that the Fort Worth Flyers Basketball Team would host their first Birthday Bash on November 17, 2006, at 12:00 Noon to 1:30 p.m. at the Fort Worth Convention Center. He added that there would be a free lunch, a free throw contest, a CEO challenge for charity and that the team would have a tribute to the late Fire Chief Charles Gaines. Mayor Pro tem Hicks stated that the mega-mixer on November 11, 2006, was very successful and expressed appreciation to everyone who attended this event that brought together minority contractors with the many projects going on in the City. She also expressed appreciation to City Manager Boswell, Assistant City Managers Dale Fisseler and Joe Paniagua, and other City staff for their attendance, as well as KKDA radio personality Willis Johnson, and members of the Black Chamber of Commerce for their continued work on this issue and her Council Aide Devon Allen. She also announced that a District 8 Police Forum would be held on December 4, 2006, at 7:00 p.m. at the Highland Hills Community Center and invited everyone interested to attend. Council Member Davis announced that a District 9 Neighborhood Summit would be held on November 16, 2006, at 6:00 p.m. at Benito's. She added that the neighborhood presidents were invited to go for dinner where attendees could share suggestions and concerns for what was going on in those neighborhoods. She added that at 7:00 p.m. Assistant City Attorney Sarah Fullenwider and a representative from the Development Department dealing with gas and oil lease policies would be present, as well as a couple of attorneys from Harris Finley who would provide advice and expertise to the neighborhood leaders with regard to what could be expected in the lease, what to look for, what to avoid and what to ask for, etc. She reiterated that everyone was welcome for the 7:00 p.m. portion, but that the 6:00 p.m. portion was just for neighborhood presidents. Council Member Silcox advised that there would be no City Council meeting held next week due to the Thanksgiving holiday. He wished everyone a Happy Thanksgiving and to take time and enjoy their families. Council Member Scarth announced that he and Council Member Espino would host a District 2 and 4 luncheon for seniors on December 12, 2006, at 11:30 a.m. at the Riverside Community Center. He added that City representatives would be present to provide information on gas wells in the area. Mayor Moncrief recognized former Mayor Kenneth Barr in the audience. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 4 of 35 Mayor Moncrief stated that this was the Thanksgiving season and time to reflect on the many things we have to be thankful for in this great City. He further stated that it was also a time to remember families and those family members who were in the Armed Forces spending their holiday away in the service of the country to allow us to enjoy our freedoms. He advised that the City would meet the challenges it continued to face and that the City would be built in a responsible way for years to come. He assured everyone that the Council had a steely resolve to meet any challenge. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15487 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays, with Council Member Espino absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1585 M&C OCS-1585 - 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-15483 M&C G-15483 - Authorizing payment for the City's FY 2006-07 membership Pay Annual with the North Central Texas Council of Governments (NCTCOG) in the Membership with amount of$66,185.00. NCTCOG G-15484 M&C G-15484 - Authorizing payment for the City of Fort Worth's FY 2006-07 Pay Annual membership with the North Texas Commission (NTC) in the amount of Membership with $53,113.00. NTC G-15485 M&C G-15485 - Authorizing the City Manager to pay $30,000.00 for the City Pay Annual of Fort Worth's Tarrant Regional Transportation Coalition annual membership Membership with dues. Tarrant Regional Transportation Coalition CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 5 of 35 G-15486 M&C G-15486 - Authorizing payment for the City of Fort Worth's FY 2006-07 Pay Annual membership with the Texas Municipal League (TML) in the amount of Membership with $27,402.00. TML G-15488 M&C G-15488 - Considering and adopting the findings and opinions of the Ord. No. 17279- City staff as presented herein; finding that the public necessity and convenience 11-2006 require the operation of 60 limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17279-11-2006 granting to Carey Streets,Alleys and Limousine Dallas, Inc., the privilege to use the streets, alleys and public Thoroughfares to thoroughfares of the City in the conduct of its limousine business which shall Carey Limousine consist of the operation of sixty (60) limousines for a period beginning on Dallas, Inc. November 17, 2006, and ending on November 16, 2009; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Carey Limousine Dallas, Inc., complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. P-10488 M&C P-10488 - Authorizing non-exclusive purchase agreements for electrical Electrical Services services with Cable Electric, Inc., Fort Worth Electric and Lone Star Electric for the City of Fort Worth based on best value, with payment due 30 days from an invoice date; authorizing these agreements to begin November 14, 2006, and expire November 13, 2007, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10489 M&C P-10489 - Authorizing purchase agreements with GT Distributors, Inc., Firearm Precision Delta Corporation, and TACnologies, Ltd., to provide firearm Ammunition ammunition based on best value with payment due 30 days from the date of the invoice and freight is included; Bidders Item No. GT Distributors, Inc. 1 through 11, 13 Precision Delta Corp. 12, 14, 15, 16 TACnologies, Ltd. 17, 18 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 6 of 35 Authorizing the agreements to begin November 28, 2006, and expire November 27, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10490 M&C P-10490 - Authorizing the rejection of the sole bid received, rebid the Reject Sole Bid purchase of an airport rescue and firefighting (ARFF) vehicle and request and Authorize additional Federal Aviation Administration grant funding for the cost of the Rebid for ARFF ARFF vehicle to be used by the Fire Department at Fort Worth Alliance Vehicle Airport. L-14263 M&C L-14263 - Authorizing the acquisition of one vacant residential lot Acquire Property described as Lot 1, Block 34, Moody Addition, located at 3201 Oscar, and the for Drainage north 30 feet of Vera Cruz Street vacated by City Ordinance No. 7694 from Improvements to Raymond Segoviano, Jr., and Sarah Segoviano, in conjunction with the Lebow Channel drainage improvements to Lebow Channel (DOE 4623, City Project 00084); finding that the price offered in the amount of $9,108.00, plus an estimated closing cost of$3,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14264 M&C L-14264 - Authorizing the direct sale of a tax-foreclosed parcel described Sale of Tax as Lot IA, Block 10, Stallcup Addition, located at 4916 Dunbar Street, in Foreclosed accordance with Section 34.05 of the Texas State Property Tax Code (DOE Property 920), to the Ebenezer Baptist Church for the amount of $3,471.00; and authorizing the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. C-21829 M&C C-21829 - Authorizing the City Manager to execute a contract with the The Franklin Washington D.C. firm, The Franklin Partnership, L.L.C., for personal services Partnership, involving consultation and representation before the Congress of the United L.L.C. States, U.S. Federal agencies, and the White House Administration. The term of the contract will be from December 1, 2006, to November 30, 2007. C-21830 M&C C-21830 - Authorizing the City Manager to enter into a Design Steve Teeters Agreement with Steve Teeters, in an amount not to exceed $50,000.00, for design of multiple functional and non-functional public art/design enhancements for Rodeo Plaza at the Stockyards. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 7 of 35 C-21831 M&C C-21831 - 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 a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21832 M&C C-21832 - Authorizing the City Manager to enter into an Artwork Cameron Schoepp Commission Contract with Cameron Schoepp, in an amount not to $51,000.00, for final design, fabrication, delivery and installation of his proposed, untitled sculptural installation composed of a carved limestone drinking fountain and benches to enhance the front yard of the new Fire Station No. 38, being constructed at 13280 Park Vista Boulevard. C-21833 M&C C-21833 - Authorizing the City Manager to execute a Public Right-of- West Fork Way Use Agreement with West Fork Pipeline Company, L.L.C. (West Fork) Pipeline Company, that grants West Fork license to use certain public rights-of-way of the City of L.L.C. Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21834 M&C C-21834 - Authorizing the City Manager to execute a contract with Quality Quality Excavation, Ltd., in the amount of$1,253,940.00 for 160 working days Excavation, Ltd. for HMAC Street Maintenance 2006-11 at various locations. C-21835 M&C C-21835 - Approving the acceptance of a lease agreement for natural gas XTO Resources 1, drilling under 256.839 acres more or less of City-owned properties located in LP Tarrant County, Texas, known as the Marion Sansom Park to XTO Resources I, LP, for a two-year term. C-21836 M&C C-21836 - Authorizing the City Manager to execute a Change Order No. Change Order No. 3 to City Secretary Contract No. 32464 with Stabile & Winn, Inc., for pavement 3 to CSC No. reconstruction and water and sanitary sewer replacements on Birchman Street 32464 - Stabile & (Project No. 00063) in the amount of $45,737.83, thereby increasing the Winn, Inc. contract amount to $1,752,542.83. C-21837 M&C C-21837 - Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing Agreement (25 year term) with Union Pacific Railroad Company for Railroad the relocation and upgrade of the existing water pipeline to a 24-inch water pipeline main located at milepost 738.12 (DOE 5241-02395-45) for a one time cost of$1,500.00. Union Pacific Railroad has accepted the City's certificate of self insurance. The City will incur all costs associated with this License Agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 8 of 35 C-21838 M&C C-21838 - Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing License Agreement (25 year term) with Union Pacific Railroad Railroad Company for the relocation and placement of a 16-inch water pipeline main located at milepost 737.13 for a one time cost of $1,500.00. Union Pacific Railroad has accepted the City's certificate of self insurance. The City will incur all costs associated with this License Agreement. C-21839 M&C C-21839 - Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing License Agreement (25 year term) with Union Pacific Railroad Railroad Company for the installation of a 60-inch sanitary sewer pipeline located at milepost 237.12 (DOE 5144, 02132-5) for a one-time cost of$1,000.00. Union Pacific Railroad has accepted the City's certificate of self-insurance. The City will incur all costs associated with this License Agreeement. C-21840 M&C C-21840 - Authorizing the transfer of $61,744.00 from the Water and Ord. No. 17280- Sewer Operating Fund to the Water Capital Projects Fund; adopting 11-2006 Appropriation Ordinance No. 17280-11-2006 increasing estimated receipts and Change Order No. appropriations in the Water Capital Projects Fund in the amount of$61,744.00 5 to CSC No. from available funds for the purpose of executing Change Order No. 5 to City 30650 - Tri-Tech Secretary Contract No. 30650 with Tri-Tech Construction, Inc., for Water Construction, Inc. Replacement Contract 2003, STM-E; and authorizing the City Manager to execute Change Order No. 5 to City Secretary Contract No. 30650 with Tri- Tech Construction, Inc., in the amount of $61,744.00 to provide for additional pay item quantities, thereby increasing the contract amount to $2,205,333.00. C-21841 M&C C-21841 - Approving the conveyance of one Permanent Electrical TXU Electric Easement to TXU Electric Delivery Company described as a portion of Lot 1, Delivery Company Block A-R, Rolling Hills Water Treatment Plant Site, Tarrant County, Texas, located south of IH-20 and east of Campus Drive in southeast Fort Worth (DOE 0100). C-21842 M&C C-21842 - Authorizing the City Manager to execute a lease agreement Fort Worth with the Fort Worth Housing Authority for office space located at 1607 Housing Authority Chambers 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 12-month renewal options. C-21843 M&C C-21843 - Authorizing the City Council to execute a lease agreement Trinity Bluff between Trinity Bluff Development, LTD, and the City of Fort Worth for Development, approximately 1,340 square feet of office space located at 800 Samuels Avenue LTD for the Police Department, at a cost of $1.00 per year; and authorizing the agreement to begin on October 1, 2006, and expire on September 30, 2007, with one, one-year option to renew. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 9 of 35 C-21844 M&C C-21844 - Authorizing the City Manager to execute a Terminal Building Sandpiper Office Lease Agreement with Sandpiper Aviation at Fort Worth Meacham Aviation International Airport. C-21845 M&C C-21845 - Authorizing the City Manager to execute a contract with Crescent Crescent Constructors, Inc., in the amount of $380,390.00 for the Alta Mesa Constructors, Inc. Pump Station Improvements. C-21846 M&C C-21846 - Authorizing the City Manager to execute an engineering Carter & Burgess, agreement with Carter & Burgess, Inc., for construction management of the Inc. Sendera Ranch Pump Station and Ground Storage Tank for a total fee not to exceed $258,640.00. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution supporting the fund raising efforts of the Trust Res. No. 3431-11- for Public Land in partnership with Tarrant County and the Tarrant Regional 2006 Water District to conserve the Eagle Mountain Lake State Park site. Support Fund Raising Efforts to Council Member Davis made a motion, seconded by Council Member Silcox, Conserve Eagle that Resolution No. 3431-11-2006 be adopted. The motion carried Mountain Lake unanimously eight (8) ayes to zero (0) nays, with Council Member Espino State Park Site absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15487 There was presented Mayor and Council Communication No. G-15487 Condemn recommending that the City Council declare the necessity of taking an interest Easements at in a portion of land for the condemnation of one permanent water easement and Intersection of one temporary construction easement located at the intersection of SH156 and SH156 and SH114 SH114 in north Fort Worth, in the Charles Tydings Survey, Abstract No. 1276, and Jeremiah Ivy Survey, Abstract No. 649, City of Fort Worth, Denton County, Texas, owned by Martin Justin Properties, L.L.C. (DOE 0100); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 10 of 35 Council Member Burdette advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15487 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino being absent and with Council Member Burdette abstaining. (Council Member Espino assumed his chair at the dais.) G-15489 There was presented Mayor and Council Communication No. G-15489 from Appoint Members the City Manager recommending that the City Council authorize the City to Construction Manager to appoint and reappoint the persons named below to the City's and Fire Construction and Fire Prevention Board of Appeals, beginning October 1, 2006, Prevention Board and with terms expiring as follows: of Appeals Name Place Expiration of Term *Mr. Gordon Pritchard 2: Engineer October 1,2007 *Ms. Carmen Snyder 6: Building Owner or Manager October 1,2008 *Mr.Rarick Boucher 8: Permit Master Electrical October 1,2008 *Mr. Jim Ratterree 10:HVAC Contractor October 1,2008 Mr.Michael Callan 13: Alternate Master Plumber October 1,2007 *indicates reappointment City Manager Boswell stated that the Discussion Section of the M&C needed to be amended as it related to "Place 2: Engineer". He advised Council that the last sentence needed to be replaced with the following: "This appointment would be considered his third term to expire October 1, 2008." Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15489 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Hicks and Council Member Davis stepped away from the dais.) G-15490 There was presented Mayor and Council Communication No. G-15490 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for J.M. Manager to initiate certain zoning changes for the J.M. Moody Addition of the Moody Addition of Diamond Hill neighborhood from "A-5" One-Family, "B" Two-Family, "CR" Diamond Hill Low Density Residential, "C" Medium Density Residential, "E" Neighborhood Neighborhood CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 11 of 35 Commercial, "F" General Commercial, "I" Light Industrial, "K" Heavy Industrial and "PD" Planned Development to "A-5" One-Family in accordance with the 2006 Comprehensive Plan. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15490 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Davis absent. G-15491 There was presented Mayor and Council Communication No. G-15491 from Continued Until the City Manager recommending that the City Council authorize the Water November 28, Department to provide water and sewer service at 1.25 times the retail rate to 2006 serve a 144 unit apartment complex (Enclave at Parkview Apartments) located on the west side of Old Decatur Road, 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 be continued until the November 28, 2006, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Davis absent. (Mayor Pro tem Hicks and Council Member Davis returned to their chairs at the dais.) G-15492 It appeared that the City Council set today as the date for the continuation of Public Hearing Mayor and Council Communication No. G-15492 and the public hearing to Withdrawn adopt an ordinance amending the Code of the City of Fort Worth, Chapter 7, "Buildings", to add additional registration, inspection and enforcement requirements for multifamily properties with three or more units, and to add new regulations for one and two-family rental properties. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Davis referred to her earlier statement during the Pre-Council Worksession by stating that a number of Council Members had met with representatives of the realtor group in Fort Worth and they had put together a constructive approach to dealing with this issue that might help the situation. She added that the document was approximately six pages in length and that a lot of the suggestions were very good. She pointed out that this issue was not CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 12 of 35 initiated by the Council, but from neighborhoods that had very real issues with slum lords and very real issues with people who were not properly maintaining their property. She advised property owners that if they could be part of the solution and work with the neighborhood organizations and assure them that their concerns could be satisfied, the property owners should be given that opportunity. Council Member Davis made a motion, seconded by Council Member Silcox, Mayor and Council Communication No. G-15492 be withdrawn from the agenda until meetings with the realtor association could be conducted to develop a solution. Council Member Jordan stated that he heard the presentation by the Greater Fort Worth Association of Realtors and commended them for taking a lead and aggressive role in putting together a proposal to be considered. He added that he looked forward to the results of the collaboration between the neighborhoods and realtor community to solve a problem for everyone. Council Member Wheatfall requested that staff ensure the contact information for individuals who completed speaker presentation cards was complete so they could be contacted on meetings relative to this issue. Council Member Burdette stated that when this issue originated and staff provided a presentation, it was pointed out that one and two-family dwellings numbered in excess of 40,000. He added that he had heard from a number of people who owned those single or dual-family properties and rented them and advised that the Council needed to take another look at the issue and listen to the owners' concerns as well as the concerns of the neighborhood associations and address it in a positive way to solve the problem. Council Member Espino commended Council Member Davis for her leadership on this issue and Mayor Pro tem Hicks. He stated that throughout the Central City, there was an issue with substandard rental properties and that too many citizens lived in conditions that he would not want to live in. He further stated that the process for the rental registration ordinance was created by the Unrelated Persons Rental Registration Task Force and community representatives served as members of that task force. He pointed out that the proposal for the rental registration ordinance was a product of the task force and he encouraged the private sector, investors, realtors and builders to be extremely sensitive to the very valid neighborhood concerns. He challenged the private sector to step up to the plate and work with the neighborhoods to make sure these dwellings were up to Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 13 of 35 Mayor Moncrief also expressed appreciation to Council Member Davis for the time and effort she and Mayor Pro tem Hicks had dedicated to this effort. He also expressed appreciation to the realtor group and that the measuring stick for these products should be to ask if it would be a home where a person would want to live. If the answer was "yes" then it was not one that the City needed to worry about; however, if a rat ran across the porch that was another matter. He added that the City welcomed absentee owners who cared, but that the City and Council had no use for people who expected residents to live in squalor. A. D. Toten Mr. A. D. Toten, 816 Northwood Road, appeared before Council in opposition of the proposed ordinance. He expressed appreciation for the delay on the decision for the ordinance and asked that the Council not punish everyone for the neglect of a few. Brenda Sanders- Ms. Brenda Sanders-Wise, 1412 Carson Street, representing the Fort Worth Wise League of Neighborhood Association, appeared before Council in support of the proposed ordinance. She advised the Council that the association surveyed a total of 94 neighborhoods and that approximately 76 percent of the neighborhoods were in favor of the ordinance. Fred Harper Mr. Fred Harper, 2248 5th Avenue, President, Fairmount Neighborhood Association, appeared before Council in support of the proposed ordinance. He expressed appreciation to Council Member Davis for meeting with various representatives to develop a solution to this issue. He added that the association would like to see the ordinance adopted as it created a database of people, homes and owners to allow the City to measure the quality of life within the City. He added that it also corrected a conflict between the Fire Code and in the City Code relative to addresses being visible from the street. He further stated that the ordinance should also address single-family homeowners who allowed their property to go into disrepair. David Claire Mr. David Claire, 4809 El Campo, appeared before Council in opposition of the proposed ordinance. He stated that efforts should be focused on the problem properties in various areas within the City that were creating the problem and that Code Compliance should be given the legal power and support to do their job sufficiently. Cleveland Harris Mr. Cleveland Harris, 1037 Colvin Street, representing the Historic Morningside Association, appeared before Council in support of the proposed ordinance. He addressed the deteriorating condition of residential areas of the City and pointed out that he had reports from the Fort Worth Fire Department that attributed fires in rental property to space heaters and where the property owners were not residents of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 14 of 35 Council Member Davis stated that the City needed a single tool to abate this problem at the state level. She advised that the City could continue to fine property owners for Code substandard conditions of their property; but that there was not a mechanism for the City to place a lien on the property owner in order to collect those fees until after the property was sold. She added that citizens needed to stand with the Council before state representatives and ask them to grant the power to the City to place liens on substandard properties. Mayor Pro tem Hicks expressed appreciation to Mr. Harris for his leadership on this issue. She stated that District 8 had the largest number of rental properties in the City and she guaranteed that Code Compliance was doing a great job. She asked for help from the citizens to reach a solution to this problem. For clarification, the motion was restated: Council Member Davis made a motion, seconded by Council Member Silcox, Mayor and Council Communication No. G-15492 be withdrawn from the agenda until meetings with the realtor association could be conducted to develop a solution. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15493 adopt a resolution supporting the application of BLG Northside Development, Res. No. 3432-11- L.P., for a Municipal Setting Designation for the properties located at 600 2006 North Main Street, to the Texas Commission on Environmental Quality, and Ord. No. 17281- adopt an ordinance prohibiting the potable use of designated groundwater from 11-2006 beneath the site. Mayor Moncrief opened the public hearing and asked if there Support was anyone present desiring to be heard. Application for MSD and Amend Mr. Brian Boerner, Environmental Management Director, appeared before Chapter 12.5, Council, gave a staff report and called attention to Mayor and Council Article IV, Communication No. G-15494, as follows: Appendix "A" to Add Section 6 of There was presented Mayor and Council Communication No. G-15493 from the City Code the City Manager recommending that the City Council: 1. Conduct a public hearing on the application of BLG Northside Development, L.P., for approval of a Municipal Setting Designation (MSD) for the properties located at 600 North Main Street, Fort Worth. This is an approximately 70.856-acre tract encompassing LaGrave Field, the former Cytec site, the former Technicoat Site and associated properties, in Fort Worth, Tarrant County, Texas, to be known as the LaGrave Area MSD, to allow the public the opportunity to give testimony; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 15 of 35 2. Adopt a resolution in support of the application of BLG Northside Development, L.P., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 600 Main Street, Fort Worth, an approximately 70.856-acre tract encompassing LaGrave Field, the former Cytec site, the former Technicoat site and associated properties, Fort Worth, Texas; and 3. Adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 6, designating CFW-MSD-0006, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0006, providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. 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 Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15493 be approved and Resolution No. 3432-11-2006 and Ordinance No. 17281-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15494 adopt a resolution supporting the application of Synstation, L.P., for a Res. #3433-11- Municipal Setting Designation for the properties located at the southeast corner 2006 of Norwood Drive and Trinity Boulevard to the Texas Commission on Ord. No. 17282- Environmental Quality and adopt an ordinance prohibiting the potable use of 11-2006 designated groundwater from beneath the site. G-15494 Support (Mayor Pro tem Hicks stepped away from the dais.) Application for MSD and Amend Mr. Brian Boerner, Environmental Management Director, appeared before Chapter 12.5, Council, gave a staff report and called attention to Mayor and Council Article IV, Communication No. G-15493, as follows: Appendix "A" to Add Section 5 of There was presented Mayor and Council Communication No. G-15494 from the City Code the City Manager recommending that the City Council: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 16 of 35 1. Conduct a public hearing on the application of Synstation L.P., for approval of a Municipal Setting Designation (MSD) for the properties located at the southeast corner of Norwood Drive and Trinity Boulevard, an approximately 13.694-acre site, in Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; 2. Adopt a resolution in support of the application of Synstation, L.P., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at the southeast corner of Norwood Drive and Trinity Boulevard, Fort Worth, Texas; and 3. Adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5 "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 5, designating CFW-MSD-0005, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0005, providing that this ordinance is cumulative; providing a severability clause; providing for a fine of up to $2,000.00 for each offense in violation of the ordinance. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-15494 be approved and Resolution No. 3433-11-2006 and Ordinance No. 17282-11-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. (Mayor Pro tem Hicks returned to her chair at the dais.) PZ-2705 There was presented Mayor and Council Communication No. PZ-2705 from the Ord. No. 17283- City Manager recommending that the City Council institute and consider the 11-2006 adoption of an ordinance declaring certain findings; providing for the extension City Initiated of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 107.4 acre tract of land located east of (AX-06-002, NS Highway 35 and north of State Highway 170 and south of Westport Parkway Creed Survey) and situated in the N.S. Creed Survey, Abstract No. 1898, Tarrant County, Texas, (Case No. AX-06-002) 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 17 of 35 inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. PZ-2705 be approved and Ordinance No. 17283-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2706 There was presented Mayor and Council Communication No. PZ-2706 from the Ord. No. 17284- City Manager recommending that the City Council institute and consider the 11-2006 adoption of an ordinance declaring certain findings; providing for the extension City Initiated of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 4.7 acre tract of land located southwest of the (AX-06-003, Golden Triangle and North Beach Street intersection and situated in the Crawford Tract) William McCowen Survey, Abstract No. 999, Tarrant County, Texas, (Case No. AX-06-003 Crawford Tract), which said property lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2706 be approved and Ordinance No. 17284-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2707 City Secretary Hendrix stated that Mayor and Council Communication No. PZ- Heard with 2707, Institute and Adopt Ordinance for the Voluntary Full Purpose Annexation Zoning Docket No. of Approximately 4.57 Acres of Land in Tarrant County, Located North of Ray ZC-06-224 White Road, South of Golden Triangle Boulevard, West of Alta Vista Road (AX-06-008, JR Knight Survey), would be heard with its associated zoning case, ZC-06-224. (See page 25) PZ-2708 There was presented Mayor and Council Communication No. PZ-2708 from the Ord. No. 17285-11- City Manager recommending that the City Council institute and consider the 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 annexation of an approximately 44.2 acre tract of land located north of (AX-06-012, Intermodal Parkway and west of the future alignment of FM 156 and situated in Greenberry Overton Survey) the Greenberry Overton Survey, Abstract No. 972, Denton County, Texas (Case No. AX-06-012), which said territory lies adjacent to and adjoins the present CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 18 of 35 corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2708 be approved and Ordinance No. 17285-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2709 There was presented Mayor and Council Communication No. PZ-2709 from the Ord. No. 17286- City Manager recommending that the City Council adopt an ordinance vacating 11-2006 and extinguishing a portion of East Bluff Street, East of Commerce Street and a Street Vacation portion of North Calhoun Street north of Belknap Street located in the M. (VA-06-010) Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County, Texas; and waive the purchase fee of$869,762.28 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2709 be approved and Ordinance No. 17286-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21795 There was presented Mayor and Council Communication No. C-21795, dated Richard Vogel October 24, 2006, from the City Manager recommending that the City Council Denied find that the statements set forth in the recitals of the Tax Abatement Agreement with Richard Vogel are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Richard Vogel for the property at 2833 Meaders Avenue in the Historic Handley Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21795 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21847 There was presented Mayor and Council Communication No. C-21847 from the James R. Cypret City Manager recommending that the City Council find that the statements set Denied forth in the recitals of the Tax Abatement Agreement with James R. Cypret are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with James R. Cypret for the property at 1421 Virginia Place in the West 7th/ University Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 19 of 35 Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21847 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21848 There was presented Mayor and Council Communication No. C-21848 from the Ord. No. 17287- City Manager recommending that the City Council authorize the transfer of 11-2006 $250,000.00 from escrow funds to revenue in the General Fund; adopt a Fort Worth supplemental appropriation ordinance increasing estimated receipts and Partnership for appropriations in the General Fund in the amount of $250,000.00 from Community available funds for the purpose of funding a Professional Services Agreement Development with the Fort Worth Partnership for Community Development; and authorize the execution of the Professional Services Agreement with the Fort Worth Partnership for Community Development for an initial term of one year and a maximum expenditure during that term not to exceed $250,000.00 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21848 be approved and Supplemental Appropriation Ordinance No. 17287-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21849 There was presented Mayor and Council Communication No. C-21849 from the Park Ridge Multi- City Manager recommending that the City Council authorize the City Manager Family, L.P., by to execute a Community Facilities Agreement with Park Ridge Multi-family, LPC-PPC Park L.P., a Texas Limited Partnership, by LPC-PPC Park Ridge, L.P., a Texas Ridge, L.P., by Limited Partnership, its General Partner, by Lincoln Property Company No. Lincoln Property 2063 Limited Partnership, a Texas Limited Partnership, its General Partner, by Company No. Lincoln No. 2063, Inc., a Texas Corporation, its General Partner, for the 2063 Limited installation of water and sewer services to serve Park Ridge IV Addition, a Partnership, by development in central Fort Worth. Lincoln No. 2063, Inc. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21849 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—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 23, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 20 of 35 ZC-04-347A Mr. Cleveland Harris, 1037 Colvin Street, appeared before Council in support Approved of the zoning request. Cleveland Harris Council Member Scarth made a motion, seconded by Council Member Wheatfall, that the application of the City of Fort Worth Planning Department for a change in zoning of property located east of Carson Street, south of Anderson Street and north of Elliott Reeder Road to amend the Historic District Guidelines for the Garden of Eden Carson Street Historic District, Zoning Docket No. ZC-04-347A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-080A Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5801 Helmick Avenue, Helmick Avenue to amend the Historic District Guidelines for the Lake Como Cemetery Historic District, Zoning Docket No. ZC-05-080A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-306 It appeared that the City Council, at its meeting of June 13, 2006, continued the SP-05-060 Zoning Hearing of the application of Las Pulgas Bialando, Ltd., et al., for a Continued Until change in zoning of property located at 700 North University Drive, and 1101, May 8, 2007 1115, 1209, 1221 and 1229 Jacksboro Highway from "B" Two-Family Residential; "F" General Commercial; and "I" Light Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "G" Intensive Commercial, excluding the following uses, and with site plan required, Zoning Docket No. ZC-05-306 and Site Plan No. SP-05-060: Hospice Nursing home Bar, tavern, cocktail lounge, club, private or teen Sexually oriented business Cold storage plant or ice plant Liquor store or package store (beer and wine sales permitted within the Wal-Mart Supercenter) Mini-warehouses Mortuary or funeral home Pawn shop Tattoo parlor Taxidermist shop Paint and body shop (automotive repair permitted within the Wal-Mart Supercenter) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 21 of 35 Garage, storage only Vehicle sales or rental, including automobiles, motorcycles, boats or trailers Trailer, portable sales, construction or storage 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 Las Pulgas Bialando, Ltd., et al., Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-05- 306 and Site Plan No. SP-05-060 be continued until May 8, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-199 It appeared that the City Council, at its meeting of November 7, 2006, Ord. No. 17288- continued the Zoning Hearing for Zoning Docket No. ZC-06-199, Text 11-2006 Amendment for the Downtown Design Review Board to increase membership Approved and expand powers and duties. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. City Attorney Yett stated that the effective date of the ordinance needed to be amended to reflect the date of"February 28, 2007." 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 Davis, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 199 be approved and the following ordinance be adopted as amended: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 22 of 35 ORDINANCE NO. 17288-11-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SUBSECTIONS A AND B OF SECTION 2.104 "DOWNTOWN DESIGN REVIEW BOARD" TO INCREASE THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS WITH ONE ALTERNATE MEMBER ON THE DOWNTOWN DESIGN REVIEW BOARD AND IDENTIFY BY PLACE NUMBERS; AMEND SUBSECTION C OF 2.104 TO INCREASE THE QUORUM TO FIVE; AMEND SUBSECTION E. OF 2.104 TO EXPAND THE POWERS AND DUTIES OF THE BOARD TO INCLUDE ENFORCEMENT OF THE DEVELOPMENT STANDARDS AND GUIDELINES FOR THE TRINITY UPTOWN DISTRICT; AMEND SUBSECTION F. OF 2.104 TO INCREASE THE NUMBER OF AFFIRMATIVE VOTES REQUIRED FOR APPROVAL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-201A Mr. Cleveland Harris, 1037 Colvin Street, appeared before Council in support Approved of the zoning request. Cleveland Harris Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located north of Baker Street, east of South Freeway, south of Ramsey and west of Union Pacific Railroad to amend the Historic District Guidelines for Historic Morningside, Zoning Docket No. ZC-06-201A, 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 Davis, that SP-06-033 the application of Diversified Capital for a change in zoning of property located Approved at 1401 South Main Street, 1290 Bryan Avenue and 1317 Crawford Street from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use, and with site plan required, Zoning Docket No. ZC-06-208 and Site Plan No. SP-06-033, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 23 of 35 ZC-06-216 Council Member Davis made a motion, seconded by Council Member Approved Wheatfall, that the application of Block 76/81 Partners, L.P., for a change in zoning of property located at 401 Lamar Street, 400 and 404 Taylor Street from "J" Medium Industrial to "H" Central Business District Zoning Docket No. ZC- 06-216, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-221 Mr. Tom Struhs, 2801 Bledsoe Street, applicant, appeared before Council in Approved support of the zoning change. He provided a summary of the zoning change Tom Struhs and requested Council's favorable consideration. Tim LaPoint Mr. Tim LaPoint, 1109 Samuels Avenue, appeared before Council in support of the zoning change. He stated that the changes made sense and that the zoning change was the first sign of positive progress for Samuels Avenue in 30 years. Bob West Mr. Bob West, 301 Commerce Street, Suite 3500, an attorney representing Mr. Marion Burda, appeared before Council in opposition of the zoning change. He explained that Mr. Burda owned two houses immediately to the north of the subject property and was concerned with how the rezoning would affect his two homes. He stated that neither he nor Mr. Burda wanted to prevent the Trinity Bluff development from going forward as it was an improvement to Samuels Avenue. He explained that Mr. Burda sold many tracts of land to the developer that enabled the project to go forward, but that Mr. Burda retained the two houses and made an agreement with the developer that the two properties could be sold to the developer at some point in the future. However, he added that Mr. Burda was not ready to leave his home and was concerned with the plans as what would be built next to him. Mr. West presented four pictures to the Council that he believed illustrated the problem. The pictures reflected that the new buildings were four and six story structures and what Mr. Burda's property would look like next to the six story structure. He stated that the subject tract next to Mr. Burda's property should be subject to reasonable development standards and use restrictions to protect the continued single family use by Mr. Burda. He offered two restrictions: a front yard setback requirement to 15 to 20 feet; that the lot include a 45 degree residential proximity slope for any height over three stories adjacent to the lots being used for single-family residential. He also requested that the site plan not be waived. Marion Burda Mr. Marion Burda, 521 Samuels Avenue, appeared before Council in opposition of the zoning change. He stated that Mr. Struhs had only showed him the proposed plans about three weeks ago and it had caused him great mental stress and worry. He advised that the proposed structure would block CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 24 of 35 the scenery he had enjoyed for many years and would block the light and air from his property located next to the structure. He added that he would like to see the restrictions suggested by Mr. West be approved and that the zoning request be denied for a six story structure on the south side of his property. He pointed out that he was not opposed to the structure on the north side of the development, but that two six story structures on both sides of his home was not appropriate. Ames Fender Mr. Ames Fender, 4505 Ridgehaven Road, architect for Mr. Struhs, appeared before Council in support of the zoning change. He addressed technical issues relative to the request for a 15-20 foot setback, negotiations with the school district for an easement for fire lane access on the south side of the property, and negotiations for a maintenance agreement for the amphitheater to revitalize the amphitheater. He added that 15-20 foot setback along the north side would severly hamper, if not kill the project. Mr. Struhs stated that Mr. Burda had posted signs in the neighborhood to advertise sale of his property. He added that a lot of money had been invested in this endeavor and that he had meetings in the neighborhood on the development. He asked that Council let him deliver what he had promised to do at the meetings. Council Member Davis referred to the aerial photomap which revealed that the vast majority of the property in the area was vacant by virtue of the sale of those properties to Mr. Struhs. She stated that the "PD" zoning that existed actually had a 20-story height allowance but that Mr. Struhs had reduced that to six stories and had requested a number of restrictions with regard to the uses. She added that the area was an area in transition where this kind of dense development was expected and where the City had provided some economic development incentives to spur that development. She further stated that the Development Department and Planning Department staffs had indicated that the requested change was compatible and consistent with the Comprehensive Plan which designated this area as a mixed-use growth center. Mayor Pro tem Hicks requested Council's consideration to allow her to abstain from voting on Zoning Docket No. ZC-06-221. Council Member Davis made a motion, seconded by Council Member Scarth, to allow Mayor Pro tem Hicks from voting on Zoning Docket No. ZC-06-221. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 25 of 35 Council Member Davis made a motion, seconded by Council Member Wheatfall, that the application of Trinity Bluff Development, Ltd., for a change in zoning of property located at 509 Samuels Avenue from "D" High Density Multi-Family Residential to "PD-489" Planned Development for the "H" Central Business District and excluding the following uses: massage therapy, sexually oriented business, recreational vehicle park, cold storage plant or ice plant, gunsmithing, repair or sales, home improvement store, mini-warehouse, mortuary or funeral home, pawn shop, tattoo parlor, taxidermist shop, auto parts supply and retail, automotive repair, paint and body shop, carwash full or self service, vehicle sales or rental, including automobiles, motorcycles boats or trailers; height restriction of six stories, and with waiver of site plan recommended, Zoning Docket No. ZC-06-221, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks abstaining. PZ-2707 There was presented Mayor and Council Communication No. PZ-2707 from the Ord. No. 17289- 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 an approximately 4.57 acre tract of land located north of Ray Annexation White Road, south of Golden Triangle, west of Alta Vista Road and situated in (AX-06-008, JR the J.R. Knight Survey, Abstract No. 902, Tarrant County, Texas, (Case No. Knight Survey) AX-06-008), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2707 be approved and Ordinance No. 17289-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-224 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Brickstone Development, L.P., for a change in zoning of property located in the 10501 block of Alta Vista Road from Unzoned to "A- 7.5" One-Family Residential, Zoning Docket No. ZC-06-224, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 26 of 35 ZC-06-231 Mr. Cleveland Harris, 1037 Colvin Street, appeared before Council in support Approved of the zoning change. Cleveland Harris Council Member Wheatfall made a motion, seconded by Council Member Espino, that the application of the City of Fort Worth for a change in zoning of property located south of Rosedale Street, east of Stallcup Road, west of Cravens Road and north of Ramey Avenue from "A-5" One-Family Residential, "C" Medium Density Multi-Family Residential and "E" Neighborhood Commercial to add a Historic and Cultural Overlay designation to each of the afore described "A-5" One-Family Residential, "C" Medium Density Multi-Family Residential and "E" Neighborhood Commercial zoning districts, and including design guidelines per ZC-06-231A, Zoning Docket No. ZC-06-231, be approved, with appreciation. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Silcox absent. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the application of the City of Fort Worth for a change in zoning of property located south of Rosedale Street, east of Stallcup Road, west of Cravens Road and north of Ramey Avenue to amend the Historic District Guidelines for the Historic Carver Heights, Zoning Docket No. ZC-06-231A, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-238 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17290- for Zoning Docket No. ZC-06-238, Text Amendment for a Notice of Certificate 11-2006 of Appropriateness. Mayor Moncrief opened the public hearing and asked if Approved there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 238 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 27 of 35 ORDINANCE NO. 17290-11-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTIONS 4.503 "PROCEDURES FOR DESIGNATION OF PROPERTY" AND 4.507 "CERTIFICATES OF APPROPRIATENESS" OF ARTICLE 5 "HISTORIC PRESERVATION OVERLAY DISTRICTS (HSE', `HC', `DD')" TO AMEND PROVISIONS PROVIDING FOR NOTICE TO PROPERTY OWNERS OF PUBLIC HEARINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-248 Council Member Espino made a motion, seconded by Council Member Davis, Continued Until that the application of Atlantis Realty Dr for a change in zoning of property November 28, located at 2101 Terminal Road from "K" Heavy Industrial to "PD/SU" Planned 2006 Development/Specific Use plus wholesale storage and production of biodiesel, and with waiver of site plan recommended, Zoning Docket No. ZC-06-248, be continued until the November 28, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. AGENDA ITEM XVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-06-236 Council Member Scarth advised that a number of property owners requested Approved/Denied/ that the rezoning of their property be rezoned to a more restrictive zoning Continued Until classification and that City staff would provide information on those addresses. December 19, 2006 Richard Linnartz Mr. Richard Linnartz, 1400 Robinwood Drive, appeared before Council in support of the zoning change. He stated that 1,076 lots out of 1,360 in this 350 acre neighborhood were being rezoned. He expressed appreciation to City staff for their assistance and pointed out that 14 different classifications would be included in this development. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 28 of 35 Clifford Proffitt Mr. Clifford Proffitt, P. O. Box 7484, appeared before Council in support of the zoning change. He briefed the Council on the scope of the project and stated that various meetings were held with the neighborhood to receive public involvement. He pointed out that the whole effort in the design point behind this project was not zone somebody that was legally zoned into an illegal status or to zone somebody that was illegally operating into a legal operation status. He added that this process was designed to do comprehensive holistic neighborhood wide rezoning. Council Member Scarth expressed appreciation to Mr. Proffitt for his work on this rezoning project and commended the neighborhood for achieving consensus on this mass rezoning agreement. Ms. Dana Burghdoff, Planning Department Assistant Director, stated that City staff compiled a listing of approximately 30 different properties where statements were received from property owners who had requested rezoning to a larger lot size and a more restrictive classification than was advertised. She read the information into the record as follows: Owner Name Address Zoning Now Zoning Conformance Samuel,Edgar A Mrs. 1109 Eagle Dr. B A-7.5 Est St. John,Evelyn M. 725 Fairview St. B A-7.5 Dunek, George Etux 821 Fairview St. B A-7.5 Rhonda Portales,Fernando 828 Fairview St. B A-7.5 Vines,H.Lee 3614 Maurice Ave. B A-7.5 Nguyen,Nhan Van 2140 Barbell Ln. B A-10 Hobson,A.D. 2100 Bonnie Brae B A-10 St. Cisneros,Edmundo 1812 Brittain St. B A-10 Etux Rocio Caraway,John W. 2001 Brittan St. B A-10 Wilkerson, Steve A. 2017 Brittan St. B A-10 Etux Lori Sanders, Carlton 2025 Brittain St. B A-10 Le, Chat T. 3800 Carnation A-5 A-10 Ave. Ellis,Kelly L. 3512 Dalford St. A-5 A-10 Marriage,Myron P. 719 Fairview St. B A-10 Ramsdell, Charles T. 812 Fairview St. B A-10 Smith,Bradley Ross 825 Fairview St. B A-10 Andrews,Mary L. 829 Fairview St. B A-10 Etvir Walter CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 29 of 35 Earp, Claude R.Etux 2008 Fairview St. B A-10 Juanita Wisecup,Melanie 3658 Maurice Ave. B A-10 Rhodes,James D. 3732 Maurice Ave. B A-10 Masterson,Don Etux 2005 Robinwood B A-10 Pauline Dr. Briones,Augustine 2016 Robinwood B A-10 Etux Cleoti Dr. Ngo,Dung Van& 2025 Robinwood B A-10 Mai Thi Pham Dr. Fowler, Charles Etux 2116 Robinwood B A-10 Brenda Dr. Mardis, Clara 3108 Springdale A-5 A-10 Rd. Ozzie,Zahia M. 3300 Springdale A-5 A-10 Rd. Shelton,Rayford M. 3508 Aster Ct. A-5 A-21 Etux Mona Dellis,Wanda R. 3513 Aster Ct. A-5 A-21 McLlraith,M.R.Etux 1801 Bolton St. A-5 A-21 Terri Gann,John Etux 3200 Browning Ct. A-5 A-21 Bobbie New,Buford Etux 1700 Eagle Dr. A-5 A-21 Bobbie Clanton,Rita Wirtz 1704 Eagle Dr. A-5 A-21 Hoffman,Katherine 3716 Springdale B A-21 A. Rd. Ms. Burghdoff stated that in addition, a letter had been received from Mr. Linnartz requesting a modification of the "PD" zoning that was advertised for his property and that staff was able to incorporate modifications that made that "PD" zoning more restrictive this evening. She added that the more restrictive elements of the "PD" for a bed and breakfast would include: Signage would be no larger than a 4 foot by 4 foot monument sign and parking of vehicles would be off street in rear parking. She also stated that staff had received two letters in opposition that did not support the neighborhood rezoning, those being 600 Blevins Street and 1815 Bolton Street. Council Member Scarth made a motion, seconded by Council Member Wheatfall, that the application of the City of Fort Worth, Carter Riverside Neighborhood for a change in zoning of property located south of Hollis Street, east of Riverside Drive, west of Beach Street and north of Highway 121, Zoning Docket No. ZC-06-236, be approved/denied/continued as follows and with the changes read into the record by Ms. Burghdoff: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 30 of 35 Approved: From "A-5" One-Family, "A-5/HC" One-Family/Historic and Cultural; "B" Two-Family; "C" Medium Density Multi Family; "D" High Density Multi Family; "CF" Community Facilities; "ER" Neighborhood Commercial Restricted; "E" Neighborhood Commercial' "E/DD" Neighborhood Commercial/Demolition Delay; "FR" General Commercial Restricted; "F" General Commercial; "G" Intensive Commercial; "J" Medium Industrial; and "PD" Planned Development to "A-5", "A-7.5" and "A-10" One-Family Residential; "B" Two-Family Residential; "R2" Townhouse/Cluster Residential; "CF" Community Facilities; "CF/HC" Community Facilities/Historic and Cultural; "E" Neighborhood Commercial; "FR" General Commercial Restricted and "PD" Planned Development Denied: 3505 Race Street, from "B" Two-Family Residential to "A-7.5" One-Family Residential Continued to December 19, 2006: 600 Blevins Street, from "B" Two-Family Residential to "A-10" One-Family Residential; and 1815 Bolton Street, from "A-5" One-Family Residential to "A- 21" One-Family Residential The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-206 Council Member Wheatfall made a motion, seconded by Council Member Continued to Silcox, that the application of Waterview Estates North, L.P., for a change in December 12, 2006 zoning of property located in the 5100 through 5200 blocks of East Loop 820 South from "MH" Manufactured Housing to "R-l" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-06-206, be continued until December 12, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-253 Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, SP-06-041 appeared before Council in support of the rezoning. He provided an overview Continued to of the requested zoning change and stated that the applicant was in compliance November 28, with all requirements of the Cultural District Master Plan except one and 2006 requested that the top of the peak of the east elevation be dropped to 60 feet instead of 62 feet 8 inches, which would bring the rezoning in total CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 31 of 35 conformance with the plan. He added that there were 44 letters received in opposition of the rezoning and stated that he plotted the addresses of those individuals in opposition and that a number of the properties were located far away from the property to be rezoned. He further stated that support of the rezoning was received from the Cultural District Development Initiative, the Southwestern Exposition and Livestock Show, National Cowgirl Museum and Hall of Fame, the associated Cultural District businesses, and the most affected adjacent neighbors. He requested that the Council support the rezoning with the following limitations: the top peak of the building cannot exceed 60 feet and that the applicant be required one and a half parking spaces for each occupant of the building. Council Member Davis stated that she would like the individuals in opposition of the rezoning to address comments made by Mr. Schell relative to the height allowance, commercial zoning versus low-density residential development and parking being encompassed within the building rather than a surface parking lot area. She also asked that the individuals express what they thought would be developed on this property if this zoning was denied. Council Member Jordan asked Mr. Schell what the height was at the western edge of the building from ground level and how many parking places would be present. Mr. Schell responded that the height of the building on the western edge would be approximately 51-52 feet and that there would be approximately 21 parking places. A discussion ensued between Mayor Moncrief and Mr. Schell that addressed current zoning of the property being multi-family, density and design of a possible apartment complex, and landscaping requirements. The following individuals appeared before Council in support of the denial and expressed concerned with scale of the development being a three story structure and out of place with the surrounding structures, encroachment too far into the street, poor parking and traffic already on Crestline Road, that commercial development be more in line with the commercial development already present in the area, and stated that the development was on corner of Crestline Road, a residential community, and not Montgomery Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 32 of 35 Robert Taylor, Mr. Robert Taylor 3626 Crestline Road Richard Mr. Richard Chowning 3809 Crestline Road Chowning, Mr. Andrew Swartzfager 3613 Pershing Avenue Andrew Ms. Beth Kaufman 1600 Frederick Swartzfager, Beth Kaufman Mr. Schell responded to the speakers' comments and countered that the structure was not a 20,000 square foot office building but a structure with 6,500 square feet on each of the two floors and parking beneath the structure. He added that the property was adjacent to a convenience store, addressed how height of the structure was measured, and that any future occupant of the building who requested changes to the proposed zoning relative to occupancy or parking would have to return to the Council with a new site plan and explain the changes. Phillip Poole Mr. Phillip Poole, 3637 Watonga, appeared before Council in support of the zoning change. He stated that the structure would be building of merit and would be a great addition to the neighborhood. He requested that the Council approve the rezoning. Council Member Burdette stated that residents who lived on Crestline Road within a block or two of the proposed project were not uniformly for or against the development. He expressed concern with the controversy between the 1990 Cultural District plan and the 2006 Comprehensive Plan, which plan applied to this project and whether they were compatible. He added that he would like more time to speak to City staff on this issue. Council Member Jordan asked Mr. Bob Riley, Development Department Director, if the building could be built as a church with its existing design. Mr. Riley stated that churches were allowed in any zoning and that the design would have to conform with the existing zoning and have the appropriate setbacks if there was additional height. Council Member Davis stated that it was important for the residents to understand what the Council's thoughts were in this point in time relative to this zoning request. She stated it was what could be built at this location under the existing zoning today and not what was necessarily in the Comprehensive Plan. She explained her reasoning for her probable support of the zoning change. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 33 of 35 Council Member Wheatfall asked Mr. Schell if the house in the aerial photo still existed and where the egress and ingress were to the facility. Mr. Schell responded that the building did exist and that it was under contract to be sold to the developer. He added that off of Crestline Road there was a curb cut into the parking underneath the building, another curb cut up on the western most lot to lead into the parking and landscaped area that would be gated as suggested by the neighborhood. He further stated that the egress would be down the alleyway back to Crestline Road which directed everything out instead of directing it into the neighborhood and pointed out the buffering present in the area. Council Member Espino stated that there was a structure on the site that might meet guidelines for historic designation. Mr. Schell referred to a photograph of a house that would be removed which the City staff had indicated met criteria for historic designation. Council Member Espino stated that he would like to have information on when the house was built and how it met the historic designation criteria by November 28, 2006. Council Member Burdette 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, and with site plan required, Zoning Docket No. ZC-06-253 and Site Plan No. SP-06-041, be continued to the November 28, 2006, Council meeting. 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 Jordan, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2006 PAGE 34 of 35 ORDINANCE NO. 17291-11-2006 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 XVI It appeared that the City Council set today as the day for the first public hearing First Public for the annexation of approximately 165.457 acres situated in the S.E. Merrell Hearing for Survey, Abstract No. 1009 and the A.C.H. and B. Survey, Abstract No. 55, Annexation Tarrant County, Texas, and an approximately 18.682 acres tract of land situated (AX-06-009 J.A. in the J.A. McNutt Survey, Abstract No. 1151, Tarrant County, Texas (AX-06- McNutt Survey) 009 J.A. McNutt Survey). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 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 first public hearing, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the public hearing be closed. The motion carried unanimously nine (9) ayes and zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 14,2006 PAGE 35 of 35 First Public It appeared that the City Council set today as the date for the first public Hearing for hearing for the annexation of an approximately 5.2 acres tract of land situated Annexation in the Alexander Crane Harris and Brooks Survey, Abstract No. 55, S.E. (AX-06-010 Merrell Survey, Abstract No. 1009, situated about 12 miles, north 34 degrees Alexander Crane west, from the courthouse in Tarrant County, Texas (AX-06-010 Alexander Harris and Brooks Crane Harris and Brooks Survey). Mayor Moncrief opened the public hearing Survey) and asked if there was anyone present desiring to be heard. 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 first public hearing, Council Member Espino made a motion, seconded by Council Member Wheatfall, that the public hearing be closed. The motion carried unanimously nine (9) ayes and zero (0) nays. Item XVII Mr. Robert L. Comradd, Sr., 6543 Glenview Drive, was recognized by Mayor Citizen Moncrief as wishing to address the Council relative to education and jobs; Presentations however, he was not present in the Council Chamber. Robert L. Comradd, Sr., Mr. Joe Don Brandon, 1415 East Lancaster Avenue, appeared before Council Joe Don Brandon and clarified that March was Homeless Awareness Month although Council presented a proclamation last week for Homeless Awareness Week. He provided information on homeless awareness programs forthcoming in January and March. Agenda Item XIX There being no further business,the meeting was adjourned at 10:40 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 28th day of November, 2006. Attest: Approved: Marty Hen Michael J. oncrief City ty Sec etary Mayor