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HomeMy WebLinkAbout2005/02/08-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS February 8, 2005 Date & Time On the 8t' day of February A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:09 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; Deputy City Attorney Gerald Pruitt; City Secretary Marty Hendrix. Mayor Mike Moncrief and City Attorney David Yett were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Michael Herring, Horizon of Hope Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of February 1, 2005, were approved unanimously. Special Council Member Wheatfall presented a Proclamation for Black Presentations History Month to Ms. Estella Williams, 2"d Vice President of the Fort Worth Tarrant County Branch of the NAACP. Mayor Pro tempore McCloud stated that the annual Black History Month breakfast would be held February 24, 2005 at 7:30 a.m. at the Fort Worth Convention Center. Council Member Wheatfall encouraged everyone to stop by the front of City Hall and see the picture display of African Americans, both former and present employees, who had been "firsts" in their respective positions within the City. Announcements Council Member Davis congratulated Council Members Lane and Silcox for all their work culminating in passage of the Crime Control and Prevention District(CCPD) for another five years. Council Member Silcox stated that the CCPD passed with 90.18 percent approval and its success could not have been achieved without the exceptional work of City staff. He acknowledged the efforts of Deputy Police Chief Pat Kneblick, Police Chief Ralph Mendoza, Sandy Oliver and her staff from the Budget and Management Services Department, as well as, Mayor Moncrief, Mayor Pro tempore McCloud, Council Member Lane, City Manager Boswell and his staff, and members of the CCPD Board. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 2 of 19 Council Member Wheatfall expressed appreciation to all the citizens who voted for the CCPD and also those who attended the informational meetings. He also commended the City's CCPD Board representatives for listening to the citizens and crafting a budget that was what citizens wanted. Council Member Picht advised the Council that the passage of the tax by a 90.18 percent approval would have been the same if the election were held on May 7, 2005. He added that the City could have saved the $250,000.00 from the election by holding the CCPD at the same time the Council election was conducted. Council Member Haskin recognized Boy Scout Brandon Howlett from Troop 310, Road Runner, who was attending the Council meeting working on his Citizenship in the Community Badge. Council Member Stevenson expressed appreciation to everyone who raised money to mail out cards that' informed citizens about the CCPD electron. He also congratulated members of the Environmental Management and Code Compliance Departments for going out on February 5, 2005 to clean up the illegal dumpsites in the Como Community. He stated that the City had received an award of money from the North Central Texas Council of Governments to perform the clean up of approximately 25 areas throughout the community. He added that it was an- excellent turnout and advised everyone that if they observed illegal dumping in the City to try and get the license plate number of the vehicle and call (817) 392-EASY. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ City Manager Boswell requested that Zoning Docket No. ZC-05-019 Withdrawn By be continued until March 8, 2005, Zoning Docket No. SP-04-054 be Staff continued for one week, and that Mayor and Council Communication No. G-14679 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Presentations by Council Member Picht made a motion, seconded by Council City Council Member Silcox, that Elizabeth Wells, Anthony Butorac, and Juan Appointments Acosta, be appointed to the Youth Advisory Council effective February 8, 2005. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 3 of 19 Council Member Haskin made a motion, seconded by Council Member Wheatfall, that Dr. Robert Norris be appointed to Place 2 on the Animal Shelter Advisory Committee to fill the Veterinarian position, effective February 8, 2005 and with a term expiring October 1, 2006. The motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1465 There was presented Mayor and Council Communication No. OCS- Claims 1465 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14671 .There was presented Mayor and Council Communication No. G- Ord. #16280-02- 14671 from the City Manager recommending that the City Council 2005 , approve submission of a grant application by the City Manager on Submit Grant October 28, 2004 to apply for a one-year grant for$18,600.00 from the Application and State of Texas Division of Emergency Management; authorize the Enter into a City Manager, subject to grant receipt, to enter into an agreement Grant with the State Division of Emergency Management and adhere to Agreement with grant specifications; accept a contribution from the Tarrant County State of Texas Local Emergency Planning Committee of up to 50 percent of the Division of $3,100.00 matching funds for this grant; approve the use of$3,100.00 Emergency as required for the 20 percent match; and adopt Appropriation Management for Ordinance No. 16280-02-2005 increasing estimated receipts and Hazardous appropriations in the Grants Fund in the amount of $18,600.00, Materials subject to receipt of the Hazardous Materials Emergency Emergency Preparedness Grant from the State of Texas Division of Emergency Preparedness Management, for the purpose of funding the enhancement of Grant hazardous materials preparedness programs in the Fire Department, Office of Emergency Management. It was the consensus of the City Council that the recommendation be adopted. G-14672 There was presented Mayor and Council Communication No. G- Ord. x#16281-02- 14672 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16281-02-2005 establishing a fee of $2,000.00 Fee for for the application for approval of a Municipal Setting Designation Municipal to the Department of Environmental Management. It was the Setting consensus of the City Council that the recommendation be Designation adopted. Application CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 4of19 G-14673 There was presented Mayor and Council Communication No. G- Ord.#16282-02- 14673 from the City Manager recommending that the City Council 2005 accept a $52,000.00 Routine Airport Maintenance Project Grant for Routine Airport Fort Worth Alliance Airport from the Texas Department of Maintenance Transportation Aviation Division; authorize the acceptance of Project Grant for $26,000.00 from Alliance Air Services to be deposited in the Airport Fort Worth Grants Fund for the City's match; and adopt Appropriation Alliance Airport Ordinance No. 16282-02-2005 increasing estimated receipts an appropriations in the Airport Grant Fund in the amount of $52,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant from the Texas Department of Transportation for the purpose of- funding routine maintenance items at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. G-14674 There was presented Mayor and Council Communication No. G- Ord. #16283-02- 14674 from the City Manager recommending that the City Council 2005 accept a $60,000.00 Routine Airport Maintenance Project Grant for Routine Airport Fort Worth Meacham International Airport from the Texas Department Maintenance of Transportation Aviation Division; authorize the transfer of Project Grant-For $30,000.00 from the Municipal Airport Fund to the Airport Grants Fort Worth Fund for the City's match; and adopt Appropriation Ordinance No. Meacham 16283-02-2005 increasing estimated receipts and appropriations in International the Airport Grant Fund in the amount of $60,000.00 contingent upon Airport receipt of the Routine Airport Maintenance Project Grant from the Texas Department of Transportation for the purpose of funding routine maintenance items at Fort Worth Meacham International Airport It was the consensus of the City Council that the recommendation be adopted. G-14675 There was presented Mayor and Council Communication No. G- Ord. #16284-02- 14675 from the City Manager recommending that the City Council 2005 accept a $60,000.00 Routine Airport Maintenance Project Grant for Ord. #16285-02- Fort Worth Spinks Airport from the Texas Department of 2005 Transportation Aviation Division; authorize the transfer of Routine Airport $30,000.00 from escrow funds to revenue in the Municipal Airports Maintenance Fund; adopt Supplemental Appropriation Ordinance No. 16284-02- Project Grant for 2005 increasing estimated receipts and appropriations in the Fort Worth Municipal Airports Fund in the amount of$30,000.00 from available Spinks Airport escrow funds for the purpose of funding a transfer to the Airport Grants Fund for the City's match of a grant with the Texas Department of Transportation for airport upgrades at Spinks Airport; authorize the transfer of $30,000.00 from the Municipal Airports Funds to the Airport Grant Fund for the City's match; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2006 PAGE 5 of 19 adopt Appropriation Ordinance No. 16285-02-2006 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of$60,000.00 contingent upon receipt of the Routine Airport Maintenance Project Grant from the Texas Department of Transportation for the purpose of funding routine maintenance items at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. G-14676 There was presented Mayor and Council Communication No. G- Res. #3163-02- 14676 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3163-02-2006 amending Resolution No. 3128 Amend to increase the authorized maximum amount of bonds that may be Resolution issued by the Lone Star Local Government Corporation in support #3128 Related to of the Cabela`s development project from $30 million to $32 Cabela"s million. Council Member Lane made a motion, seconded by Development Council Member Davis, that the recommendation be adopted. The Project motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Mayor Moncrief G-14677 There was presented Mayor and Council Communication No. G- Ord. #16286-02- 14677 from the City Manager recommending that the City Council 2005 authorize the City Manager to transfer $9,966,113.00 from the Ord.#16287-02- General Fund to the Contract Street Maintenance Fund; adopt 2005 Appropriation Ordinance No. 16286-02-2005 increasing estimated Transfer Funds receipts and appropriations in the Special Assessments Fund in from Special the amount of $1,000,000.00 from available funds for the purpose Assessments of funding a transfer of funds to the Contract Street Maintenance Fund and Fund; authorize the transfer of $1,000,000.00 from the Special Contract Street Assessments Fund to the Contract Street Maintenance Fund; and Maintenance adopt Appropriation Ordinance No. 16287-02-2005 increasing Fund for FY estimated receipts and appropriations in the Contract Street 2004-2005 Street Maintenance Fund in the amount of $10,966,113.00 from available Maintenance funds for the purpose of funding a portion of the Fiscal Year 2004- Program 2005 Street Maintenance Program. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2006 PAGE 6 of 19 G-14678 City Secretary Hendrix stated that the public hearing would be Moved Prior to moved prior to Citizens Presentations as announced to the Citizen audience prior to the start of the Council meeting this evening. Presentations G-14679 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14679, Authorization for Condemnation of One Week One Temporary Access and Construction Easement across Lots 1, 2 and 3, Block 17, Texas & Pacific Railway Company's Addition, near the Central Business District and Owned by Cleopatra Investments, Ltd. (DOE 4007), be continued for one week. P-10087 There was presented Mayor and Council Communication No. P- Saw Blades 10087 from the City Manager recommending that the City Council authorize a purchase agreement for saw blades with National Diamond for the City of Fort Worth, with payment due 30 days from date the invoice is received; authorize this agreement to begin February 1, 2005 and expire on January 31, 2006, with options to renew for two additional one-year periods, and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "the Interlocal Cooperation Act.°' It was the consensus of the City Council that the recommendation be adopted. L-14028 There was presented Mayor and Council Communication No. L- Street and Utility 14028 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one street and utility dedication deed described as portion of the J. Bowman Survey, Abstract No. 79, Tarrant County, Texas, from TXU Electric Delivery Company for property located south of Cromwell Marine Creek and east of Bowman Roberts Road in northwest Fort Worth (DOE 4613), necessary for the construction, operation, maintenance and repair of paving improvements for the proposed Huffiness Boulevard and drainage facilities at no cost. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing and authorization for conversion of Buck Sansom Park for the subsurface drilling and extraction of gas. Mayor Pro tempore McCloud opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 7 of 19 Mr. Harold Pitchford, Acting Assistant Director of the Parks and Community Services Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. L-14029 as follows: (Council Member Wheatfall stepped away from the dais.) L-14029 There was presented Mayor and Council Communication No. G- Authorize 14029 from the City Manager recommending that the City Council Conversion of conduct a public hearing under the guidelines set forth by the Texas Buck Sansom Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Park for Recreational Lands; find that no feasible or prudent alternative exists Subsurface to drilling and extracting gas from underneath this park site; find that Drilling and the proposed conversion includes all reasonable planning to Extraction of minimize harm to the parkland; and close the public hearing and Gas authorize .the City Manager to convert the dedicated parkland for subsurface drilling and extraction of natural gas on land situated in Buck Sansom Park, being parts of the J. S. Ward Survey, Abstract No. 1596, the R. Vickery.Survey, Abstract No. 1591 and J. Kirby Survey, Abstract No. 907;Tarrant County,Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Lane made a motion, seconded by Council Member Haskin, that the public hearing be closed and Mayor and Council Communication No. L-14029 be adopted. The motion carried unanimously. C-20613 There was presented Mayor and Council Communication No. C-20513 Baird, Hampton from the City Manager recommending that the City Council authorize & Brown the City Manager to execute an engineering agreement with Baird, Hampton & Brown, in the amount of $86,231.00 for Miscellaneous Storm Drain Improvements (City Project 00093), which is comprised of planned improvements at: Harlanwood Drive at Overton Park West; Woodway Drive at Wedgway Drive storm drain; 2008 Teakwood Trace; Kensington Drive; Chapin Road at Guadalupe Road; Monticello Park; 3436 Clayton Road East; and Lancaster- Dallas storm drain extension. It was the consensus of the City Council that the recommendation be adopted. C-20514 There was presented Mayor and Council Communication No. C- Change Order#2 20514 from the City Manager recommending that the City Council to CSC #29354, authorize the City Manager to execute Change Order No. 2 to City William J. Secretary Contract No. 29354 with William J. Schultz, Inc., dlbla Schultz, Inc. Circle "C" Construction Company, in the amount of $77,240.00, dlbla Circle "C" thereby increasing the contract amount to $1,676,441.00 for Construction Co. Lancaster Avenue and Sanitary Sewer Main Improvements, Unit 1, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 8 of 19 from Commerce Street to Lamar Street. It was the consensus of the City Council that the recommendation be adopted. C-20515 There was presented Mayor and Council Communication No. C-20515 Ord. #16288-02- from the City Manager recommending that the City Council authorize 2005 the transfer of$369,261.41 from the Water & Sewer Operating Fund to Stabile &Winn, the Water Capital Project Fund in the amount of $159,385.18 and Inc. Sewer Capital Fund in the amount of $209,876.23; adopt Appropriation Ordinance No. 16288-02-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $159,385.18 and the Sewer Capital Project Fund in the amount of $209,876.23 from available funds for the purpose of funding a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer replacements on Malcolm Street from Craig Street to Lancaster Avenue and Haynie Street from Craig Street to Lancaster Avenue; and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $547,750.20 for pavement reconstruction and water and sanitary sewer replacements on Malcolm Street from Craig Street to Lancaster Avenue and Haynie Street from Craig Street to Lancaster Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20516 There was presented Mayor and Council Communication No. C-20516 United States from the City Manager recommending that the City Council authorize Federal Bureau the City Manager to execute a Cost Reimbursement Agreement with of Investigation the United States Federal Bureau of Investigation to participate in the North Texas Joint Terrorism Task Force by temporarily assigning a Fort Worth police officer to the task force; and authorize the Agreement to begin, when authorized agents of all parties have signed the Agreement, and continue until terminated by either party with 30-days notice. It was the consensus of the City Council that the recommendation be adopted. C-20517 There was presented Mayor and Council Communication No. C- N.P. Anderson 20517 from the City Manager recommending that the City Council Cotton authorize the City Manager to execute an Encroachment Exchange, L.P. Agreement with N.P. Anderson Cotton Exchange, L.P., authorizing use of the right-of-way for installation of various encroachments at the Niel P. Anderson Building at 411 West Seventh Street. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 9 of 19 C-20518 There was presented Mayor and Council Communication No. C- Res. #3164-02- 20518 from the City Manager recommending that the City Council 2005 authorize the City Manager to execute an amendment to the Master Cabela's Retail, Economic Development Agreement between the City, Tarrant Inc. County, the Lone Star Local Government Corporation and Cabela's Retail, Inc., in order to accommodate an anticipated Increase in the amount of bonds issued by the Lone Star Local Government Corporation for construction of public improvements related to the Cabela's development project. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. Assistant City Attorney Peter Vaky advised Council that staff had recommended the Public Participation Amount be increased to $41,685,000.00, stating that Council Member Davis had an amendment to read into the record. Council Member Davis suggested the following amendment be made to M&C C-20618: 1. That the Public Participation Amount under the Master Agreement be $41,685,000.00, net present value, instead of $41,500,000.00 in order to allow both Cabela's and the City to recoup increased costs associated with the Cabela's project; 2. That such increased costs be borne by the TIF, increasing the T1F's projected allocation for the Public Participation Amount from $27,815,000.00 to $28,000,000.00; and 3. That the City Council adopt Resolution No. 3164-02-2005 authorizing execution of amendment to Master Economic Development agreement with Cabela's Retail, Inc. Council Member Lane made a motion, seconded by Council Davis, that Mayor and Council Communication No. C-20518 be adopted as amended. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Mayor Moncrief CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 10 of 19 Mayor Pro tempore McCloud wished City Attorney David Yett a speedy recovery from his illness. C-20519 There was presented Mayor and Council Communication No. C-20519 Ord. #16289.02- from the City Manager recommending that the City Council adopt 2005 Appropriation Ordinance No. 16289-02-2005 increasing Ord. #16290-02- appropriations in the Solid Waste Fund in the amount of $903,529.00 2005 and decreasing the unreserved retained earnings by the same DeOtte, Inc. amount, for the purpose of transferring said funds to the Solid Waste Capital Improvements Fund; authorize the transfer of $903,529.00 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund; adopt Appropriation Ordinance No. 16290-02-2005 increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund in the amount of $903,529.00 from available funds, for the purpose of funding an engineering agreement with DeOtte, Inc., for the Landfill Access Road from existing Southeast Landfill Weigh Station to I.H. 20 and improvement to the I.H. 20 Access Road near the Southeast Landfill Access Road, and authorize the City Manager to execute an engineering agreement with DeOtte, Inc., in the amount of $790,920.00 for the Landfill Access Road from existing Southeast Landfall Weigh Station to I.H. 20 and Improvement to the I.H. 20 Access Road near the Southeast Landfill Access Road. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. (Council Member Wheatfall returned to his chair at the dais.) Regular Zoning It appeared to the City Council that Resolution No. 3161-01-2005 Hearing was adopted on January 18, 2005 setting 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 January 20, 2005. Mayor Pro tempore McCloud opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-295 Mayor Pro tempore McCloud stated that he had contacted the SP-04-047 developer and asked him to delay this case for one week. Continued for One Week Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Forest Hill Acquisition Corp., for a change in zoning of property located in the 8300 block CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 11 of 19 of Forest Hill Drive from "PD-33" Planned Development, "C-R" Low Density Multi-Family; "A-5" One Family Residential and "R-1" Zero Lot Line/Cluster Residential to "PDISU" Planned Development/ Specific Use, for all uses in "A-R" One-Family Restricted Residential with 40 foot lots and 5" foot side yards and Site Plan required, Zoning Docket No. ZC-04-295 and Site Plan No. SP-04- 047, be continued for one week. The motion carried unanimously. ZC-04-296 It appeared that the City Council, at its meeting of December 14, Approved . 2004, continued the hearing of the application of Chapel Springs Joint Venture for a change in zoning of property located at 600 Deauville Drive from "CF" Community Facilities to "A-R" One- Family Restricted Residential, Zoning Docket No. ZC-04-296. Mayor Pro tempore McCloud opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Chapel Springs Joint Venture, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-296 be approved. The motion carried unanimously. ZC-04-341 Council Member Haskin inquired if a specific use for the property Approved had been determined. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, stated that a specific use for the property had not been determined. He added that the strip of land was the only property zoned for commercial use. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Retasal I, L.P., for a change in zoning of property located in the 7200 block of Blue Mound Road from "R-1" Zero Lot Line Cluster Residential and "O-M" Office Mid-Rise to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-341, be approved. The motion carried unanimously. ZC-04-344 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of One Woodland Springs, LTD., for a change in zoning of property located at Timberline Boulevard and Old Denton Road from "AG" Agricultural and "CF" Community Facilities to "A-6" One-Family Residential, Zoning Docket No. ZC-04-344, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 12 of 19 ZC-05-003 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of LBSP Partners, LP, for a change in zoning of property located in the 200 block of Bonds Ranch Road from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. ZC-05-003, be approved. The motion carried unanimously. ZC-05-004 Council Member Davis made a motion, seconded by Council Continued for Member Silcox, that the application of Susan Hedary for a change Two Weeks in zoning of property located at 2929 Cleburne Road from E" Neighborhood Commercial to "PD1SU" Planned Development/ Specific Use, for all uses in "E" Neighborhood Commercial; plus Residence Living Area and waiver of site plan recommended, Zoning Docket No. ZC-05-004, be continued for two weeks. The motion carried unanimously. ZC-05-006 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of Michael Bennett & Melissa Mitchell for a change in zoning of property located at 2429 Rodgers Avenue from "A-5" One Family Residential to "A-5/HC" One Family Residential/Historical Cultural, Zoning Docket No. ZC- 05-006, be approved. The motion carried unanimously. ZC-05-007 Council Member Stevenson made a motion, seconded by Council Approved Member Lane, that the application of Dircus E. Benson for a change in zoning of property located in the 8900 block of Creek Run Road from "PD-334" Planned Development and "PD-443" Planned Development to (Tract 1), "C" Medium Density Multi- Family; (Tract 2), "PDISU" Planned DevelopmentlSpecifc Use, for all uses in "E" Neighborhood Commercial, and exclude the following uses: Tattoo Parlor, Liquor or Package Store, Massage Parlor, Pawn Shops, Convenience Store and waiver of site plan recommended; (Tract 3) "A-R" One-Family Restricted Residential, Zoning Docket No. ZC-05-007, be approved. The motion carried unanimously. ZC-05-011 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Keystone Equity Partners L.L_.C., for a change in zoning of property located in the 2000 block of Northwest Loop 820 from "J" Medium Industrial to "K" Heavy Industrial, Zoning Docket No. ZC-05-011 be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 13 of 19 SP-06-003 Council Member Picht made a motion, seconded by Council Approved Member Silcox, that application of Great Commission Baptist Church, for a site plan of property in the 7700 block of McCart Avenue for existing church expansion (PD-2), Zoning Docket No. SP-05-003, be approved. The motion carried unanimously. ZC-05-013 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of Wide Open Spaces, LTD., for a change in zoning of property located at 615, 701, 705 E. 1st Street and 614, 700, 708 E. Weatherford Street from "E" Neighborhood Commercial; "D" High Density Multi-Family Residential and "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-05-013, be approved. The motion carried unanimously. ZC-05-014 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Pinnacle Restoration, LTD., for a change in zoning of property located at 3003.3005 North Houston Street from "E" Neighborhood Commercial to "A-5" One- Family Residential, Zoning Docket No. ZC-05-014, be approved. The motion carried unanimously. ZC-05-015 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Hillwood Development Corp., for a change in zoning of property located in the 4600 block of Alta Vista Road & 4600 block of Heritage Trace Parkway from "E" Neighborhood Commercial to "A-5"" One-Family Residential, Zoning Docket No. ZC-05-015, be approved. The motion carried unanimously. ZC-05-019 It was the consensus of the City Council that Zoning Docket No. ZC- Continued Until 05-019, Text Amendment: MU Zoning: an Ordinance Amending the March 8, 2005 Zoning Ordinance of the City of Fort Worth, Being Ordinance No. 13896, as Amended, by Amending the Following: A) Sections 4.902 "Low Intensity Mixed-Use" ("MU-1") Districts and; B) Article 10 "Industrial Districts" of Chapter 4, "District Regulation", to Clarify Existing Standards, and to Add New Development Standards for Mixed-Use Districts; C) Section 5.305 "Fences" of Article 3 "Accessory Used" of Chapter 5, "Supplemental Use Standards" to Prohibit Fences in the Area between Building Facades and the Property Line in. Multi-Family Developments and Automotive Repair and Body Shops in Mixed-Use Districts, D) Section 6.100, "Height" of Article 1 "General" of Chapter 6 "Development Standards" to Add Enclosed Stairwells to the List of Exempted Uses; E) Section 9.101 "Defined Terms" of Chapter 9, "Definitions" to Add a Definition for "Campus Developments", be continued until March 8, 2005. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 14 of 19 ZC-05-020 Council Member Wheatfall made a motion, seconded by Council Approved Member Lane, that the application of Filberto M. Gaona for a change in zoning of property located at 3417 East Berry Street from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned DevelopmentlSpecific Use, for a restaurant with alcohol sales for on-premises consumption, barber shop, and office space and waiver of site plan recommended, Zoning Docket No. ZC-05- 020, be approved. The motion carried unanimously. ZC-04-302 It appeared that the City Council, at its meeting of December 14, Special Hearing 2005, set today as the special hearing of the application of Texas Approved National Theaters for a change in zoning of property located at 3715 NE 28th Street from "A-5" One-Family Residential; and "E" Neighborhood Commercial to "R-2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04-302. Mayor Pro tempore McCloud opened the public hearing and asked if there was anyone present desiring to be heard. Robert Chesser Mr. Robert Chesser, 3217 Kimbo Road, President of the Bonnie Brae Neighborhood Association, appeared .before Council in opposition of the zoning change. He stated that this case was continued by Council Member Davis two months ago to have a representative from the company meet with the neighborhood association to resolve their concerns. He added that the neighborhood association had two meetings and no one from the company attended; however, they did meet with Trey Neville, the realtor who was managing the property for the company. Mr. Chesser stated he was informed that the company would request that the Council zone the entire property "A-5" Single Family Residential. There being no one else present desiring to be heard in connection with the application of Texas National Theaters, Council Member Haskin made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 04-302 be approved as "PD" Planned Development with all uses in "A-5" One-Family Residential and no egress or ingress from 28th Street. The motion carried unanimously. Mr. Bob Riley, Development Department Director, advised Council that a secondary access was required for emergency response vehicles and suggested access be'from Belknap. SP-04-054 It was the consensus of the City Council that Zoning Docket No. Continued for SP-04-054, application of .ferry D. Scott for a site plan of property One Week located at 701 Westview Avenue for "A-7.5" One-Family Residential plus enclosed carport, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 15 of 19 ZC-05-004 City Secretary Hendrix stated that Zoning Docket No. ZC-05-004 was considered earlier on the agenda. 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 Haskin made a motion, seconded by Council Member. 'Stevenson, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16291-02-2005 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. Public Hearing It appeared that the City Council set today as the date for a public hearing on the December 22, 2004, Draft of the City of Fort Worth 2005 Comprehensive Plan and on the Proposed 2005-2009 Annexation Program as recommended by the City Plan Commission. Mayor Pro tempore McCloud opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Dana Burghdoff, representing the Planning Department, appeared before-Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14678 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2006 PAGE 16 of 19 G-14678 There was presented Mayor and Council Communication No. G- Public Hearing 14678 from the City Manager recommending that the City conduct Draft of 2005 a public hearing on the December 22, 2004, draft of the City's 2006 Comprehensive Comprehensive Plan, and on the proposed annexation program to Plan and on be incorporated into the 2005 Comprehensive Plan, to allow the Proposed 2005- public the opportunity to give testimony and present written 2009 Annexation evidence; adjourn the public hearing; and schedule a discussion Program of the public comments at the Pre-Council Meeting on February 17, 2005, if necessary. Mayor Pro tempore McCloud recognized the following individuals: Danny Moss, Mr. Danny Moss, 1800 Fairway Bend Dr., Haslet, Texas, spoke before Jack Gibson, the Council and requested that the property owners of the Willow Darlia Hobbs, Springs Ranch Addition be removed from the Limited Purpose Gabrielle Annexation designation. He represented ten individuals in the Gordon, audience who stood and were recognized by the City Council. He Daniel Whitton, requested that the City Council amend the Annexation Plan adopted Steve Chevsky, in accordance with Section 43.052 of the Local Government Code, Lisa Zolidis, through approving a Council Resolution in accordance with Local Helen Goss Government Code 43.0563 (Contract for Services in lieu of Annexation)thereby removing their Addition from the current Limited Purpose Annexation Plan, and contracting to delay the extension of utilities and provision for any City services within the Addition until such time as the addition is annexed in the year 2020 or as per the provision with the adjoining properties. Mr. Moss presented a letter to the City Council with this request, Mr. Jack Gibson, 1525 Western Willow, Haslet, Texas, spoke before the Council and made the same request to the City Council that was presented by Mr. Moss. Mr. Gibson also represented ten individuals in the audience who stood and were recognized by the City Council. Mr. Gibson presented a petition to the City Council in support of their request. Ms. Darlia Hobbs, 8113 Anchorage Place, Tarrant County, Texas, spoke before the Council in opposition to the Annexation Plan as it pertains to certain areas located in the City of Fort Worth's extraterritorial jurisdiction. Ms. Hobbs also represented ten individuals in the audience who stood and were recognized by the City Council, Ms. Gabrielle Gordon, 76 Corral Drive North, feller, Texas, spoke before the Council on the moving of her area in the Annexation Plan to the years 2010 to 2024 time frame. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 17 of 19 Mr. Daniel Whitton, 18011 Bruno Road, Justin, Texas, Talasera Addition, spoke before the Council on his objections and concerns for development adjacent to his subdivision in the southwest portion of Denton County, which is in the extraterritorial jurisdiction of the City of Fort Worth. He presented to the City Council his list of concerns and reviewed those with the Council. Mr. Steve Chevsky,. 1824 Greenway.Crossing Drive, Haslet, Texas, spoke before the Council on his opposition to being annexed into the City of Fort Worth and that he bought his home in the unincorporated area to enjoy the freedom and the unincorporated area way of living. Ms. Lisa Zolidis, 9701 Bison Court, Keller, Texas, spoke before the Council on the recommendation to move her area to the years of 2010 to 2024 in the annexation plan. Mrs. Helen Goss, 81 Corral Drive, Keller, Texas, spoke before the Council on her opposition to being annexed into the City of Fort Worth and advised that she and her family have lived there since 1969 and they wish to remain in the unincorporated area. Fran Kubesh Ms. Fran Kubesh, 5712 Sugar Maple, appeared before Council in support of the annexation program relative to "82" on the plan. She informed the Council of a fire at a business in her neighborhood where firefighters did not know what was burning inside the building because of the loose rules of Tarrant County. She stated that the material was determined to be toxic and caused the lockdown of schools in the area. She requested this business park be annexed into the City of Fort Worth where the rules will be more restrictive. At the request of Council Member Silcox, Assistant City Manager Dale Fisseler, provided a short briefing on the platting process of the Willow Springs Ranch Addition, a limited purpose annexed "287 Area", prior to anyone living in the area. He stated that residents of the area would receive information from the City relative to their property and the options of the annexation plan. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Lane, that the public hearing be closed and Mayor and Council Communication No. 14678 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 18 of 19 AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: Mayor Moncrief Citizen The following individuals appeared before Council and spoke in Presentations opposition to the construction of a new Section 8/low rent multi- family housing project at North Tarrant Parkway and Parkwood Hill. They expressed concern that they were not notified of any meetings on the apartment complex, inquired how the complex was approved, and expressed concerns on the increased traffic problems created by the development and questioned what was to be done for improvements to North Tarrant Parkway. Mr. Joseph Kappayil 5653 Monthaven Dr. Ms. Linda Wright 5425 Champlain Mr. Lance Pelton 5545 Monthaven Dr. Mr. Chris Rogers 5500 Champlain Mr. Antonio Molina 5649 Monthaven Dr. Mr. Jeremiah Perez 5909 Meridan Ln, Keller, Tx Council Member Haskin informed the individuals that the complex was located not within the City, but was in the County. She added that it was State tax credit property and had been zoned multi- family for 20 years. She further'stated that the County held two meetings relative to this apartment complex and that North Tarrant Parkway improvements had been funded and work was in progress. She advised them to make inquiries the County on this issue. Deputy City Attorney Pruitt advised the citizens that the City was governed by the Fair Housing Act and that caution needed to be taken when restricting housing based on low income. Council Member Wheatfall stated that tax credit property was designed to have a mix of low-income residents with market rate income residents. He encouraged these individuals that instead of condemning the residents, they should encourage the neighborhood associations to work with them to build a strong neighborhood. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 8, 2005 PAGE 19 of 19 Council Member Davis stated that tax credit property was not Section 8 housing. The tax credit was for those individuals who were gainfully employed. Adjournment There being no further business, the meeting was adjourned at 9:13 p.m. These minutes approved by the Fort Worth City Council on the 17th day of February, 2005. Attest: Approved: Marty Hen ix Michael oncrie City Secretary Mayor