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HomeMy WebLinkAbout2006/11/07-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 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 7:06 p.m. on Tuesday, November 7, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Pastor Sultan Cole, Revealed Word Ministries. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Davis, Approval of the minutes of the regular meeting of October 31, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Silcox presented a Proclamation for Cowboy Santas Program, Special Inc., to Ms. Sharon Armstrong, Cowboy Santas Program, Inc., Board Chair. Presentations Mayor Pro tem Hicks presented a Proclamation for National Hunger and Homelessness Awareness Week to Mr. Don Shisler and Reverend Stanley Maneikis, President and Chaplain of the Union Gospel Mission. Council Member Espino presented Certificates of Recognition to the following former Board members of the Fort Worth Sports Authority: Mr. Ramon Guajardo, from May 30, 1995,through March 21, 2006. Mr. Emmett Murphy, from May 30, 1995,through March 21, 2006. Mr. Joe Dulle, from Apri127, 1999,through March 21, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 2 of 27 Council Member Espino also recognized Mr. Jim Lane, from May 30, 1995, through March 21, 2006, in his absence and thanked him for his years of service to the City of Fort Worth. Council Member Burdette presented a Certificate of Recognition to Ms. Anitra Blayton, for her service on the Art Commission from February 26, 2002, through September 30, 2006. City Secretary Hendrix also acknowledged the service of Julia Kaylor, who served on the Fort Worth Commission for Women from September 27, 2005, through October 16, 2006 and Ms. Brenda Rodriguez, who served from January 31, 2006, through August 14, 2006 in their absence. Agenda Item VI Council Member Scarth announced that Saturday, November 11, 2006, at 9:00 Announcements a.m. at the John Justice Center, Score A Goal in the Classroom in collaboration with TCU and the City of Fort Worth would host the 6th Annual Reading Bee of second graders with over 60,000 students participating and encouraged the citizens to support the children. Council Member Burdette announced that on November 4, 2006, the Botanical Society had a grand opening of the Texas Native Forest Boardwalk and stated that it was a great educational tool of the various wildlife, plants and trees along this beautiful path and invited all to come out and walk through the Boardwalk. He expressed appreciation of the Council to the Botanical Society and all of its contributors for this wonderful addition to Botanic Gardens. Council Member Davis congratulated Council Member Espino for being named President of the Board of Cassata High School recently. Mayor Pro tem Hicks expressed appreciation to residents of District 8 for attending the District 8 Town Hall on November 4, 2006. She stated that it was a great event and also expressed appreciation to Mayor Moncrief, Assistant City Managers, and City staff and to the residents for attending. Council Member Silcox recognized Boy Scout Austin Clark, Troop 330, who was attending the Council working towards his Communication merit badge. He also announced that the Veteran's Day Parade would be held on November 11, 2006, in downtown Fort Worth and invited everyone to attend and support the veterans. Council Member Jordan announced that District 6 would have a Town Hall on November 13, 2006, at North Crowley High School at 6:30 p.m. He added that the Mayor, City Manager, and various City staff would also be present and invited everyone interested to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 3 of 27 Mayor Moncrief stated that this past weekend was race weekend in Fort Worth and that a lot of proceeds were returned to the City by virtue of the many race fans who attended the races. He expressed appreciation to Eddie Gossage and his crew for their fantastic job at the Texas Motor Speedway. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-21820 and C-21823 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ C-21820 and C-21823 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1583 M&C OCS-1583 - 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. OCS-1584 M&C OCS-1584 — from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Monster Constructors,LLC Merchants Bonding Company Mark Bellehumeur Western Surety Company David Zepeda American States Insurance Company Thaten Construction,Inc. SureTec Insurance Company Dwain Montaez Merchants Bonding Company Alcorp Construction Merchants Bonding Company Reynaldo Farias American States Insurance Company Jesse Martinez dba GLM Construction CAN Surety Forest G.Reeder, Sr. Western Surety Company Jorge Luis Serano Western Surety Company S&S Concrete Contractors,Inc. Western Surety Company TMI,Inc. dba National Earthworks SurcTec Insurance Company Ace Concrete Service Insurors Indemnity Company Goddard Contractors,Inc. Employers Mutual Casualty Company T.A.S. Commercial Concrete Construction,LP Liberty Mutual Insurance Company Jacob Rosas Concrete RLI Insurance Company Couch Terrazzo Old Republic Surety Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 4 of 27 PARKWAY CONTRACTOR INSURANCE COMPANY Master Concrete Company,Inc. Western Surety Company Patrick Construction Western Surety Company Jesus S.Marin dba Marin Construction Western Surety Company Howard Construction RLI Insurance Company Chas'n Concrete RLI Insurance Company Guadalupe Zamora dba Zamora's Construction Western Surety Company Legacy Homes,Inc. Western Surety Company Concrete Systems,Inc. RLI Insurance Company Wayne Leatherman Concrete,Inc. American States Insurance Company Anthony Tate dba Wild West Construction Western Surety Company CDC,Inc. Guarantee Company of North America Alliance Concrete Construction,Inc. RLI Insurance Company Charles Newton dba Duh-Mar Western Surety Company MFC Construction Company,Inc. Nationwide Mutual Insurance Company David Lewis Builders Merchants Bonding Company Alshall Construction Company Safeco Insurance Company of American TP Burleson Old Republic Surety Company Edna Lumber Company dba Atkinson&Assoc. Suretec Insurance Company Builders K.J. Construction,Inc. Western Surety Company Cheldan Homes,LP RLI Insurance Company Pavement Services Corporation Western Surety Company G-15476 M&C G-15476 — Adopting Appropriation Ordinance No. 17259-11-2006 Ord. No. 17259- increasing estimated receipts and appropriations in the Contract Street 11-2006 Maintenance Fund in the amount of $659,784.25 based on a receivable from the FY 2005-2006 Fort Worth Transportation Authority for the purpose of funding a portion of the Street FY 2005-2006 Street Maintenance Program. Maintenance Program G-15477 M&C G-15477 - Authorizing the City Manager to apply for and accept, if Ord. No. 17260- awarded, the U.S. Department of Justice COPS 2006 Technology Grant in the 11-2006 amount of $98,723.00; and adopting Appropriation Ordinance No. 17260-11- COPS 2006 2006 increasing estimated receipts and appropriations in the Grants Fund in the Technology Grant amount of$98,723.00, subject to receipt of the grant from the U.S. Department of Justice, Community Oriented Policing Services (COPS), for the purpose of funding the continued development of technologies and automated systems for and purchase of 400 magnetic stripe reader devices to equip police officers. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 5 of 27 G-15478 M&C G-15478 — Adopting Appropriation Ordinance No. 17261-11-2006 Ord. No. 17261- increasing estimated receipts and appropriations in the Grants Fund in the amount 11-2006 of$133,930.00 subject to renewal of the Interlocal Agreement and receipt of the Second Option Texas Education Agency Grant from the Fort Worth Independent School District Year with FWISD (FWISD), for the purpose of funding the 21st Century Learning Center Program for 21st Century at Rosemont and Daggett Middle Schools. Learning Center Program P-10481 M&C P-10481 — Authorizing a purchase agreement for sports lighting pole Sports Lighting systems with Sports Facilities North, LLC, for the Transportation/Public Works Pole Systems Department and the Parks and Community Services Department based on low bid meeting specifications, with payment due 30 days from an invoice date; authorizing this agreement to begin November 7, 2006, and expire November 6, 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 this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program." P-10482 M&C P-10482 — Authorizing a purchase agreement for water service valves with Water Service ACT Pipe and Supply, Horizon, Techline Pipe, Inc., and Valve and Equipment Valves for the Water Department based on best value. Freight is included and payment is due 30 days after receipt of invoice: Horizon Items 1 through 8 and 13 through 15 ACT Pipe and Supply Items 9 through 12 and 16 through 20 Techline Pipe, Inc. Items 21 and 22 Valve and Equipment Items 23 through 27 Authorizing this agreement to begin November 7, 2006, and expire November 6, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program." P-10483 M&C P-10483 — Authorizing non-exclusive purchase agreements for hot mix Hot Mix Asphalt asphalt with APAC-Texas, Inc., JLB Contracting, LP, Austin Asphalt, LP, and and Pothole Vulcan Construction Materials, and pothole patching mix with Asphalt Patch Patching Mix Enterprises, Inc., for the City of Fort Worth based on best value with payment due 30 days from the date of the invoice; authorizing these agreements to begin October 31, 2006, and expire on October 30, 2007, with options to renew for two CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 6 of 27 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 271.102, "Cooperative Purchasing Program." P-10484 M&C P-10484 — Authorizing a purchase agreement for AquaLogic Enterprise AquaLogic Service Bus and a Weblogic Adapter for Peoplesoft with BEA Systems, Inc., for Enterprise Service the Water Department for an amount not to exceed $70,000.00; and authorizing a Bus and BEA one-year maintenance agreement to begin when the warranty period ends for the Weblogic Adapter AquaLogic Enterprise Service Bus in the amount of$14,700.00 and the Weblogic for Peoplesoft Adapter for Peoplesoft in an amount of$6,300.00, with options to renew for two additional one-year periods. P-10485 M&C P-10485 — Authorizing a purchase agreement for electrical ground boxes Electrical Ground and covers with Hughes Supply for the Transportation/Public Works Department Boxes and Covers based on low bid meeting specifications, with payments due 30 days from an invoice date; and authorizing this agreement to begin November 7, 2006, and expire November 6, 2007, with options to renew for three additional one-year periods. P-10486 M&C P-10486 — Authorizing non-exclusive purchase agreements for golf resale Golf Resale merchandise, food and beverages for the Parks and Community Services Merchandise, Department, Golf Division, with payment due 30 days from receipt of the Food and invoice; and authorizing the agreements to begin November 7, 2006, and expire Beverages November 6, 2007, with options to renew for five additional one-year periods. P-10487 M&C P-10487 — Authorizing the purchase of a Mobile Filing System from Mobile Filing Southwest Solutions Group through the Texas Multiple Award Schedule for the System City Secretary's Office for a cost not to exceed $63,335.45 with freight included in unit prices and payment due 30 days after receipt of invoice. C-21815 M&C C-21815 — 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-21816 M&C C-21816—Authorizing the City Manager to execute a professional services ETC Institute contract with the ETC Institute for the design, administration, execution, and analysis of a survey of Fort Worth citizens' attitudes, opinions, and preferences regarding the quality, desired quantity and priority of City services, at a cost not to exceed $46,040.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 7 of 27 C-21817 M&C C-21817 — 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)that Pipeline Company grants West Fork license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a pipeline to carry water. C-21818 M&C C-21818 —Authorizing the City Manager to exercise the second renewal of Concentra four one-year options to renew the agreement with Concentra beginning October Medical Centers 1, 2006, and expiring September 30, 2007. C-21819 M&C C-21819 — Authorizing the City Manager to execute an Interlocal Tarrant County Agreement with Tarrant County in Precinct No. 1 for the resurfacing of Edgecliff Road from Lenore Street to the Fort Worth City limits east of Melody Street for a distance of approximately 1,000 linear feet for a total cost to the City not to exceed $70,010.00. C-21821 M&C C-21821 — Authorizing the execution of an Underground Pipeline West Fork Easement Agreement with West Fork Pipeline, L.L.C., for a natural gas pipeline Pipeline, L.L.C. across City-owned property known as the Brennan Avenue Service Center in the amount of$108,769.92 for a term of 20 years. C-21822 M&C C-21822 — Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 33940, an Unimproved Ground Lease Agreement to CSC No. 33940 with Mandatory Improvements with Cliff Millican for Site E-12 at Fort Worth — Cliff Millican Spinks Airport. C-21824 M&C C-21824 - Authorizing the City Manager to enter into an agreement with Ord. No. 17262- the Fort Worth Independent School District to provide the Fort Worth After 11-2006 School Program at Como Elementary School for the 2006-2007 school year; and Fort Worth adopting Supplemental Appropriation Ordinance No. 17262-11-2006 increasing Independent estimated receipts and appropriations in the General Fund in the amount of School District $48,970.00 subject to receipt of the funds from the Fort Worth Independent School District, for the purpose of funding an After-School Program at Como Elementary School. C-21825 M&C C-21825 - Authorizing the City Manager to execute a contract with G.C. G.C. Group of Group of North Texas, LLC, in the amount of$372,125.50 for road and parking North Texas, LLC lot improvements at Rockwood Park. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 8 of 27 Agenda Item X Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Presentations by Namon Hollis, Jr., be appointed to Place 6 on the City Plan Commission, City Council effective November 7, 2006, and with a term expiring October 1, 2008. The Appointments motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Vicki Willkie be appointed to Placed 7 on the Fort Worth Commission for Women, effective November 7, 2006, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15475 There was presented Mayor and Council Communication No. G-15475, dated Ord. No. 17263- October 31, 2006, from the City Manager recommending that the City Council 11-2006 adopt a supplemental appropriation ordinance increasing appropriations in the Ord. No. 17264- General Fund in the amount of $430,330.00 and decreasing the unreserved, 11-2006 undesignated General Fund balance by the same amount for the purpose of Transfer Funds transferring said funds to the Grant Fund for repayment of grant deficits for the for Business Economic and Community Development Department's Business Assistance Assistance Center; authorize the transfer of $430,330.00 from the General Fund to the Grant Center Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund in the amount of $430,330.00 from available funds for the purpose of repayment of grant deficits for the Economic and Community Development Department's Business Assistance Center. City Manager Boswell stated that the fourth Fund/Account/Center needed to be corrected to reflect"$125,935.06" instead of"$125,395.06". Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15475 be approved as amended and Supplemental Appropriation Ordinance No. 17263-11-2006 and Appropriation Ordinance No. 17264-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 9 of 27 G-15479 There was presented Mayor and Council Communication No. G-15479 from the Res. No. 3430-11- City Manager recommending that the City Council adopt a resolution increasing 2006 the membership of the Audit and Finance Advisory Committee to six members Increase Audit with the sixth position being a Fort Worth resident and a Certified Public and Finance Accountant and appointing Vernon Bryant, CPA, to the committee. Committee Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15479 be approved and Resolution No. 3430-11-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15480 There was presented Mayor and Council Communication No. G-15480 from the Adopt 2007 State City Manager recommending that the City Council adopt the 2007 State Legislation Legislative Program; authorize and direct the City Manager to distribute copies of Program the City's State Legislative Program to members of the Texas Legislature, to other cities, and to other interested individuals; and authorize and direct appropriate City officials to send letters of support or to meet with state officials to discuss the City's position on certain pieces of legislation as outlined in the program. Carlos De Mr. Carlos De LaTorre, 2300 Autumn Oaks, Arlington, Texas, appeared before LaTorre Council in support of efforts to establish funding for the arts through the expansion and utilization of the Hotel Occupancy Tax. He advised the Council that he and other speakers would formally address the Council if there were any opposition of the adoption of the 2007 Legislation Program. He had all of the individuals there in support to stand. Mayor Moncrief advised Mr. De LaTorre that no one had registered any opposition to this issue. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15480 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Davis stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 10 of 27 G-15481 There was presented Mayor and Council Communication No. G-15481 from the Ord. No. 17265- City Manager recommending that the City Council adopt an appropriation 11-2006 ordinance increasing estimated receipts and appropriations in the Capital Projects Ord. No. 17266- Reserve Fund in the amount of$1,232,019.55 from available funds for the purpose 11-2006 of transferring said funds to the Specially Funded Capital Projects Fund for the Transfer Funds Computer Aided Dispatch project; authorize the transfer of$1,232,019.55 from the for Computer Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and Aided Dispatch adopt a supplemental appropriation ordinance increasing estimated receipts and Project appropriations in the Specially Funded Capital Projects Fund in the amount of $1,637,208.22 from available funds for the purpose of funding the Computer Aided Dispatch project. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15481 be approved and Appropriation Ordinance No. 17265-11-2006 and Supplemental Appropriation Ordinance No. 17266-11-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing City Secretary Hendrix stated that Mayor and Council Communication No. G- G-15482 15482, Public Hearing to Adopt Ordinance Amending the Subdivision Ordinance Heard After to Incorporate by Reference the Trinity Uptown Development Standards and Zoning Docket Guidelines to Establish Standards for the Trinity Uptown Zoning District, would No. ZC-06-197 be heard after Zoning Docket No. ZC-06-198. Public Hearing It appeared that the City Council, at its meeting of October 24, 2006, continued a L-14249 public hearing to authorize conversion of parkland at Harmon Field Park for the Convert Harmon purpose of subsurface drilling and extraction of natural gas from an offsite Field Park for location. Mayor Moncrief opened the public hearing and asked if there was Subsurface anyone present desiring to be heard. Drilling and Extraction of Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Natural Gas Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14249, as follows: There was presented Mayor and Council Communication No. L-14249, dated September 19, 2006, from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 11 of 27 authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 97.5 acres of parkland situated in Harmon Field Park, located in the B.F. Crowley Survey, Tarrant County, Texas. (Council Member Davis returned to her chair at the dais.) There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14249 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council, at its meeting of October 24, 2006, continued the L-14250 public hearing to authorize conversion of parkland at Delga Park for the purpose of Convert Delga subsurface drilling and extraction of natural gas from an offsite location. Mayor Park for Moncrief opened the public hearing and asked if there was anyone present desiring Subsurface to be heard. Drilling and Extraction of Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Natural Gas Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14250, as follows: There was presented Mayor and Council Communication No. L-14250, dated September 19, 2006, from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 4.06 acres of parkland situated in Delga Park, located in the Greenway Place Addition, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14250 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 12 of 27 L-14262 It appeared that the City Council, at its meeting of October 31, 2006, continued the Convert public hearing to authorize conversion of parkland at Riverside Park for the Riverside Park purpose of subsurface drilling and extraction of natural gas. Mayor Moncrief for Subsurface opened the public hearing and asked if there was anyone present desiring to be Drilling and heard. Extraction of Natural Gas Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14262, as follows: There was presented Mayor and Council Communication No. L-14262, dated October 31, 2006, from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from approximately 30.8 acres of parkland situated in Riverside Park, located in portions of land situated in the John Davis Survey, Tarrant County, Texas. 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 and Mayor and Council Communication No. L-14262 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication Nos. PZ-2701 through PZ-2704, be voted on at one time and the related ordinances adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2701 M&C PZ-2701 - Recommending that the City Council adopt Ordinance No. Ord. No. 17267- 17267-11-2006 vacating and extinguishing a portion of West 3rd Street between 11-2006 Throckmorton Street and Taylor Street, located adjacent to Block 18R, Fort Worth Street Vacation Original Town Addition, an addition to the City of Fort Worth, Tarrant County, (VA-06-025) Texas; and waive the purchase fee of$119,600.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 13 of 27 PZ-2702 M&C PZ-2702 - Recommending that the City Council adopt Ordinance No. Ord. No. 17268- 17268-11-2006 vacating and extinguishing a portion of West Weatherford Street 11-2006 between Throckmorton Street and Taylor Street, located adjacent to a portion of Street Vacation Block 18R, Fort Worth Original Town Addition, an addition to the City of Fort (VA-06-026) Worth, Tarrant County, Texas; and waive the purchase fee of$1,196,000.00. PZ-2703 M&C PZ-2703 - Recommending that the City Council adopt Ordinance No. Ord. No. 17269- 17269-11-2006 vacating and extinguishing a portion of Taylor Street between 11-2006 Belknap Street and West 3rd Street, located adjacent to Block 17 and Block 18R, Street Vacation Fort Worth Original Town Addition, an addition to the City of Fort Worth, Tarrant (VA-06-027) County, Texas; and waive the purchase fee of$3,778,557.30. PZ-2704 M&C PZ-2704 - Recommending that the City Council adopt Ordinance No. Ord. No. 17270- 17270-11-2006 vacating and extinguishing a portion of Throckmorton Street 11-2006 between West Weatherford Street and West 3rd Street, located adjacent to Block (VA-06-028) 18R, Fort Worth Original Town Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; and waive the purchase fee of$3,016,370.00. C-21795 There was presented Mayor and Council Communication No. C-21795, dated Continued for October 24, 2006, from the City Manager recommending that the City Council find One Week 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 Davis, that Mayor and Council Communication No. C-21795 be continued for one week to the November 14, 2006, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21797 There was presented Mayor and Council Communication No. C-21797, dated Ord. No. 17271- October 24, 2006 from the City Manager recommending that the City Council 11-2006 adopt an appropriation ordinance increasing estimated receipts and appropriations Ord. No. 17272- in the Future Improvements Projects of the Special Assessments Fund in the 11-2006 amount of $148,400.00 from prior developer contributions for the purpose of Golden Triangle funding a transfer to the Street Improvements Fund to execute a Community Retail Partners, Facilities Agreement with Golden Triangle Retail Partners, Limited, for the Limited installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway; authorize the transfer of $148,400.00 from the Special Assessments Fund to the Streets Improvement Fund; adopt an CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 14 of 27 appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of$148,400.00 from a transfer from the Future Improvements Projects of the Special Assessments Fund for the purpose of executing a Community Facilities Agreement with Golden Triangle Retail Partners, Limited, for the installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway; and authorize the City Manager to execute a Community Facilities Agreement with Golden Triangle Retail Partners, Limited, in the amount of $188,400.00 for the installation of a portion of North Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21797 be approved and Appropriation Ordinance Nos. 17271-11-2006 and 17272-11-2006 be adopted as amended by authorizing the construction of the driveway approach and apron and street connection from the newly constructed two-lane portion of North Beach Street to the entrance of the Fellowship of the Parks Church located at 9900 North Beach Street. Mr. Doug Walker, 9900 N. Beach Street, Keller, Texas, Pastor of the Fellowship of the Parks, appeared before Council and thanked the Council for agreeing to build the portion of the roadway to connect the church property to the street. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21820 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. C-21820, Authorize Execution of a Grant Agreement with the Regional Transportation Council of the North Central Texas Council of Governments for Reimbursement for the Purchase of 15 Alternate Fueled or Low Emission Vehicles and Adopt Appropriation Ordinance, be withdrawn from consideration. C-21823 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. C-21823, Authorize Construction of Sanitary Sewer Lines for Pine Tree 1 & 2 Mobile Home Subdivisions, be withdrawn from consideration. C-21826 There was presented Mayor and Council Communication No. C-21826 from the Amendment No. City Manager recommending that the City Council authorize the City Manager to 1 to CSC No. execute Amendment No. 1 to the original professional services agreement with 33312 - Kimley- Kimley-Horn and Associates, Inc., for the Trinity Parkway Alignment Study Horn and (Contract No. 33312 in the amount of $24,000.00, approved March 9, 2006) to Associates,Inc. increase the project budget by $35,000.00 for a total project budget amount of $59,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 15 of 27 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21826 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis requested that the scope of the Kimley-Horn and Associates, Inc. study be broadened to include the use of Lancaster as a connection between downtown and the cultural district. C-21827 There was presented Mayor and Council Communication No. C-21827 from the Multiple Short City Manager recommending that the City Council authorize the City Manager to Term Lease execute multiple short-term lease agreements with the following businesses located Agreements in the Vickery Corridor for the Southwest Parkway (S.H. 121) (DOE 3777). Parcel Tenant 53-PT1-A2 The Brown Bag, Inc. 53-PT1-A3 Pat Reese Enterprises d/b/a Slipcovers and More 53-PT1-A4 Bermex, Inc. 53-PT1-A5 Mistle Toe Antiques 53-PT1-A5a Clarice Mosley 53-PT1-A6 C Clearly, Inc., d/b/a Fish Window Cleaning 53-PT2-A1 John Kimzey 53-PT-A2 University Christian Church 55-A1 Printz &Associates 55-A5 Emery Young Associates 52-PT2-A1 Zeig Electric 56-PT2-Ala Property R&M Services 58 General Brick Sales Co., Inc. 61-A1 Dickie Carr Paving 61-A2 ECC, Inc., d/b/a Thompson Tree Services 62-PT1-A1 Ajax Glass and Mirror Company, Inc. 62-PT1-A2 Fair Boot Shop, Inc., d/b/a Stanley Eisenman's Fine Shoes 65 United Refrigeration 67 Howard F. Kane Plumbing Company, Inc. 69-A1 El-Habr Corporation d/b/a Michel's Tiffany Doors 69-D 1 Kane Mechanical 69-E1 Brushstrokes Studio &Gallery 73 Animal House 74 Purselley's Pool & Spa Service, Inc. 74 Luballoy d/b/a Previously Amasol 75-A1 Luballoy d/b/a Previously Amasol 75-A2 Simple Things 78 Vreeland Construction Company, Inc. 80 Tupper Financial Incorporated d/b/a Guardado Landscaping CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 16 of 27 Parcel Tenant 84 Lesikar Construction Company 87-A2 Law Offices of Rick Powell 87-A4 Troy Leslie d/b/a Leslie Insurance Company 88-A1 Herbert Roane 88-A2 Rick Spence 88-A3 Jerry Roane Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21827 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21828 There was presented Mayor and Council Communication No. C-21828 from the Preload, Inc. City Manager recommending that the City Council authorize the City Manager to execute a construction contract with Preload, Inc., in the amount of$1,391,580.00 for construction of Walsh Ranch Water Facilities Phase 1 Westside IV Ground Storage Reservoir Unit 5. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21828 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-286 It appeared that the City Council, at its meeting of October 3, 2006, continued the SP-05-054 hearing of the application of Juan Acosta for a change in zoning of property Denied located in the 3500 block of McClure Street from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family Residential; with a maximum of 14 personal horses allowed on the property, stables and arena will be for sole use of the owner, any commercial uses or sales are prohibited, and with site plan required, Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard (Mayor Pro tern Hicks stepped away from the dais.) Christopher Mr. Christopher Bonilla, 3204 S. Main, representing the applicant, appeared before Bonilla Council in support of the zoning change. He provided a history on the property and stated that he had met several times with stakeholders in the area and made amendments to the application as necessary. He pointed out that the number of parking spaces had been reduced from 200 to 14 and assured the Council that the property would be for personal use and not commercial use. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 17 of 27 Charles Sorrels Mr. Charles Sorrels, 1328 Britton Avenue, appeared before Council in support of the zoning change. He stated that the applicant had worked hard to improve the condition of the property and that if City Code and Zoning requirements were met, the zoning change should be granted. (Council Member Espino stepped away from the dais.) The following individuals appeared before Council in opposition of the zoning change. They expressed concern with the large number of horses already in the area, health issues relative to horse flies and water run-off, odor from existing stables, and doubted the applicant's intended use for the property was personal and not commercial. Mr. George Hill 1318 E. Butler Mr. Charles Crouch 1324 E. Butler Ms. Kathy McHenry 1324 E. Butler Mr. Anael Luebanos 3713 Gordon Avenue Mr. Lee Frampton 816 E. Biddison Mr. David Barrett 812 E. Biddison Mr. Joe Arredondo 809 Lomo Street (Mayor Pro tem Hicks and Council Member Espino assumed their chairs at the dais after Mr. Hill spoke.) Christopher Mr. Bonilla provided rebuttal and stated that the zoning change received the Bonilla unanimous support from the City Zoning Commission. He advised the Council that the applicant was not familiar with rules and regulations of the City and therefore hired him as a consultant. He reiterated his previous assurance that the property would only be for personal use. There being no one else present desiring to be heard in connection with the application of Juan Acosta, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-286 and Site Plan No. SP-05-054 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis requested that Code Compliance and the Assistant City Manager over this Department pay particular attention to this area of town in order to correct some of the violations that have been allowed over several years with the keeping of horses in a residential zoned area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 18 of 27 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 September 26, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-186 Council Member Jordan made a motion, seconded by Council Member Espino, Returned to the that the application of D&KW Family, L.P., for a change in zoning of property City Zoning located at 7980 South Freeway from "F" General Commercial and "G" Intensive Commission Commercial to (5 acre parcel along IH-35W) "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial plus equipment leasing with outside storage, and with waiver of site plan recommended, Zoning Docket No. ZC-06-186, be returned to the City Zoning Commission for clarification of a boundary issue. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox stepped away from the dais.) ZC-06-195 It appeared that the City Council, at its meeting of October 3, 2006, continued the Ord. No. 17273- Zoning Hearing for Zoning Docket No. ZC-06-195, Text Amendment for Trinity 11-2006 Uptown District standards. Mayor Moncrief opened the public hearing and asked Approved if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Jordan, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-195 be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 19 of 27 ORDINANCE NO. 17273-11-2006 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 ARTICLE 9 "COMMERCIAL DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.908 "TRINITY UPTOWN ("TU") DISTRICT" AND TO ADD SEVEN SEPARATE CORE ZONES WITHIN THE DISTRICT TO CONTROL BUILDING HEIGHTS AND LAND USES; PROVIDING FOR DEVELOPMENT STANDARDS AND GUIDELINES FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN DISTRICT; REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-198 It appeared that the City Council, at its meeting of October 3, 2006, continued the Ord. No. 17274- Zoning Hearing for Zoning Docket No. ZC-06-198, Text Amendment for Trinity 11-2006 Uptown District regulations. Mayor Moncrief opened the public hearing and asked Approved if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 198 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 20 of 27 ORDINANCE NO. 17274-11-2006 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 CHAPTER 4, "DISTRICT REGULATIONS", TO ADD SECTION 4.1201 REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN DISTRICT; PROVIDING AN APPEALS PROCESS; 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 eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-197 Council Member Wheatfall made a motion, seconded by Council Member Davis, Approved that the application of Southwest Land Investments Partnership, Ltd., for a change in zoning of property located at 7401 Ederville Road from "R2" Townhouse/Cluster Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with exclusions, Zoning Docket No. ZC-06-197, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15482 amend the Subdivision Ordinance to incorporate by reference the Trinity Uptown Ord. No. 17275- Development standards and guidelines to establish standards for the Trinity 11-2006 Uptown Zoning District. Mayor opened the public hearing and asked if there was Amend Chapter anyone present desiring to be heard. 6,Article 6.D.l.c of Subdivision Ms. Dana Burghdoff, Assistant Director of Planning Department appeared before Ordinance Council, gave a staff report and called attention to Mayor and Council Communication No. G-15482, as follows: There was presented Mayor and Council Communication No. G-15482 from the City Manager recommending that the City Council adopt an ordinance amending the Subdivision Ordinance of the City of Fort Worth, being Ordinance No. 17154 as amended, codified as Appendix "C" of the Code of the City of Fort Worth, to amend Chapter 6, Article 6.D.l.c "Special Regulations for Dense Development CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 21 of 27 Area" to add a paragraph to incorporate the Trinity Uptown Development standards and guidelines by reference into the Subdivision Ordinance to establish standards for the Trinity Uptown Zoning District, as endorsed by the Citizen Advisory Committee for Trinity Uptown Development Standards and recommended by the City Plan Commission at its regular meeting on September 27, 2006. 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 Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-15482 be approved and Ordinance No. 17275-11-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-199 It appeared that the City Council set today as the date for a Zoning Hearing for Continued for Zoning Docket No. ZC-06-199, Text Amendment for the Downtown Design One Week Review Board to increase membership and expand powers and duties. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-199 be continued for one week to the November 14, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-202 It appeared that the City Council, at its meeting of October 3, 2006, continued the Continued Until Zoning Hearing of the application of Emerging Properties 1, LTD., for a change in December 19, zoning of property located at 6750 Fossil Bluff Drive from "G" Intensive 2006 Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R-2" Townhouse/Cluster Residential, with rear entry garages and with site plan required, Zoning Docket No. ZC-06-202. 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 Emerging Properties 1, LTD., Council Member Scarth made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-06-202 be continued until December 19, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 22 of 27 ZC-06-204 Council Member Jordan made a motion, seconded by Council Member Davis, that SP-06-029 the application of Teaching Word Faith Center for a change in zoning of property Continued Until located at 7712 South Freeway from "E" Neighborhood Commercial to "PD/SU" December 12, Planned Development/Specific Use for all uses in "E" Neighborhood Commercial 2006 plus bingo facility; an eight foot wood screen fence on west property line, lighting to be directed away and downward from residential district; no beer or liquor served; hours of operation are from daylight until 10:00 p.m. daily; holidays until 1:00 a.m., and with site plan required, Zoning Docket No. ZC-06-204 and Site Plan No. SP-06-029, be continued until December 12, 2006. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-219 Council Member Scarth made a motion, seconded by Council Member Davis, that Approved the application of Realty Capital Riverside, Ltd., for a change in zoning of property located at 3451 Western Center Boulevard from "PD-673" Planned Development/Specific use for all uses in "E" Neighborhood Commercial plus car wash to "E" Neighborhood Commercial, Zoning Docket No. ZC-06-219, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. SP-06-035 Council Member Davis made a motion, seconded by Council Member Scarth, that Approved the application of Raul Lomeli for site plan of property located at 901 West Seminary Drive to amend "PD-533" to expand the existing building, Site Plan No. SP-06-035, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-223 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Approved the application of Pauline McLauty Nevers for a change in zoning of property located in the 7780 block of Forest Hill Drive from "MH" Manufactured Housing to "A-5" One-Family Residential, Zoning Docket No. ZC-06-223, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-228 Council Member Davis made a motion, seconded by Council Member Wheatfall, Approved that the application of 6 Points Fort Worth, L.P., et al., for a change in zoning of property located at 2825 and 2921 West 7th Street, 2824, 2830 and 2834 Morton Street and 2813 through 2925 Crockett Street from "PD-530" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use plus storage yard for building materials and outdoor product display, and with site plan waived to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06-228, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 23 of 27 ZC-06-230 Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Approved the application of the City of Fort Worth for a change in zoning of property located at 110 Live Oak Street from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-06-230, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-232 Mayor Pro tem Hicks made a motion, seconded by Council Member Wheatfall, Approved that the application of Charles and Gay Perry for a change in zoning of property located at 4147 Meadowbrook Drive from "E" Neighborhood Commercial to "E/HC" Neighborhood Commercial/Historic and Cultural, Zoning Docket No. ZC- 06-232, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-06-233 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17276- Zoning Docket No. ZC-06-233, Text Amendment for Chapter 9 definitions of 11-2006 cooking equipment. Mayor Moncrief opened the public hearing and asked if there Approved was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-233 be approved and the following ordinance be adopted: ORDINANCE NO. 17276-11-2006 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 CHAPTER 9, "DEFINITIONS" TO ADD OR AMEND DEFINITIONS FOR "COOKING EQUIPMENT", "DWELLING UNIT", "DWELLING UNIT, ACCESSORY", "KITCHEN", "ROOMER, BOARDER OR LODGER", AND "TEMPORARY GUEST"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. (Council Member Jordan stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 24 of 27 ZC-06-237 Council Member Espino made a motion, seconded by Council Member Wheatfall, Approved that the application of the City of Fort Worth, Jarvis Heights for a change in zoning of property located south of Beaumont Street, west of Deen Road, east of Decatur Road and north of Long Avenue from "A-5" One-Family Residential, "B" Two- Family Residential, "CR" Low Density Multi-Family Residential, "E" Neighborhood Commercial, "FR" General Commercial Restricted and "K" Heavy Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-237, be approved, with the exception of 1701 NE 36th Street and 1408 NE 34th Street, which would be continued until December 12, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. Council Member Espino recognized Mr. Ron Shear, who helped him with the collection of all of the addresses for this rezoning in the Diamond Hill Neighborhood and assisted in getting the notices out to the public. ZC-06-240 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17277- Zoning Docket No. ZC-06-240, Text Amendment for Downtown Design Review 11-2006 Board Certificate of Appropriateness amendment. Mayor Moncrief opened the Approved public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, Zoning Docket No. ZC-06-240 be approved and the following ordinance be adopted: ORDINANCE NO. 17277-11-2006 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 SECTION 4.1200 "URBAN DESIGN DISTRICTS" TO DESIGNATE THE PLANNING DEPARTMENT AS THE REVIEWING DEPARTMENT AND TO AMEND SUBSECTION G TO REQUIRE THAT A SIGN SHALL BE POSTED ON A PROPERTY UNDER CONSIDERATION FOR A CERTIFICATE OF APPROPRIATENESS FROM THE DOWNTOWN DESIGN REVIEW BOARD (DDRB); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 25 of 27 Willie Hudspeth Mr. Willie Hudspeth, 623 Newton, Denton, Texas, appeared before the City ZC-06-241 Council and stated that he had met with the other commercial owners along East Denied with Seminary and that no one was in opposition of what he had planned on his Prejudice property and that he had done everything he could in order to have this case approved. (Council Members Silcox and Jordan assumed their chairs at the dais.) Mayor Pro tem Hicks stated that with the requested zoning, auto related usage, a motel, and other undesirable usages for this area could occur and that there was no site plan for what Mr. Hudspeth was planning on this particular property and made a motion, seconded by Council Member Espino, that the application of Willie Hudspeth for a change in zoning of property located at 3136 East Seminary Drive from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-06-241, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-196 Council Member Davis made a motion, seconded by Council Member Silcox, that Denied the application of Patti Lyerla for a change in zoning of property located at 4525 Donnelly Avenue from "A-5" One-Family Residential to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-06-196, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-207 It appeared that the City Council, at its meeting of October 3, 2006, continued the SP-06-030 hearing of the application of Epoch Homes for a change in zoning of property Continued until located at 4515 and 4533 Harley Avenue from "A-5" One-Family Residential to December 12, "PD/SU" Planned Development/Specific Use for all uses in "A-R" One-Family 2006 Restricted Residential, with site plan required, Zoning Docket No. ZC-06-207 and Site Plan No. SP-06-030. 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 Epoch Homes, Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that the Zoning Hearing of Zoning Docket No. ZC-06-207 and Site Plan No. SP-06-030 be continued until December 12, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 2006 PAGE 26 of 27 ZC-06-227 Council Member Burdette made a motion, seconded by Council Member Silcox, Denied without that the application of RC Bluffs, L.P., for a change in zoning of property located Prejudice at 4817, 4823 and 4831 White Settlement Road from "B" Two-Family Residential, "E" Neighborhood Commercial and "I" Light Industrial to "D" High Density Multi-Family Residential, Zoning Docket No. ZC-06-227, 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: ORDINANCE NO. 17278-11-2006 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 XV It appeared that the City Council set today as the date for the second public hearing Second Public for a proposed voluntary annexation of approximately 34.7 acres of land in Tarrant Hearing County, located east of Boat Club Road and north of Bailey Boswell Road and Voluntary south of Park Drive (AX-06-007 Parks at Boat Club). Mayor Moncrief opened the Annexation public hearing and asked if there was anyone present desiring to be heard. (AX-06-007 Parks Boat Ms. Allison Gray, Senior Planner, Development Department, appeared before Club) Council, gave a staff report and stated that consideration of the voluntary annexation ordinance was scheduled for November 28, 2006. 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 Jordan, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 7,2006 PAGE 27 of 27 Item XVI Mr. Lonnie Woods, 3810 Alta Mesa Boulevard, appeared before Council relative Citizen to complaints regarding the HOME Fund process. Presentations Lonnie Woods Mayor Moncrief advised Mr. Woods that his allegations would be investigated and repairs made to the system if it was not working the way it should and requested a report back to City Council. Joe Don Brandon Mr. Joe Don Brandon, 1415 East Lancaster, appeared before Council requesting that the community not give money to panhandlers. LeRoy Baldwin Mr. LeRoy Baldwin, Como NAC, 2921 Lake Como Drive, appeared before the City Council in response to allegations brought to the Council by Mr. George Barnes. Al Gunther The following individuals appeared before the City Council, representing the Cydney Clarke group of The T workers, who were on strike and brought to the attention of Rosalind Valdez Council that they were asking for a fair contract, something in which they felt was achievable such as sick benefits. Al Gunther The T Teamsters Local 997 Cydney Clarke 9112 Windrush Drive Rosalind Valdez 2809 Dell Street Mayor Moncrief advised the audience that he could not actively engage, but he would visit with Dick Ruddell and also with some of the members of the board and share what was shared with the Council. He could not advocate one way or another. Agenda Item There being no further business, the meeting was adjourned at 9:25 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 14th day of November, 2006. Attest: Approved: Marty He rix Michael J. Moncrief City Secretary Mayor