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HomeMy WebLinkAbout2005/11/08-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 7:00 p.m. on Tuesday, November 8, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall temporarily absent. Agenda Item II The invocation was given by Reverend Walter McDonald, Baker Chapel AME Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Davis, seconded by Council Member Burdette, Approval of the minutes of the special called meeting on October 28, 2005, and the regular Minutes meeting of November 1, 2005, were approved unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall temporarily absent. Agenda Item V Mayor Pro tem Silcox presented a Proclamation for Clergy and Police Alliance Special and Ministers Against Crime Appreciation Day. He recognized approximately Presentations 80 of these individuals in the audience and commended these individuals for their service to the community and their valuable assistance with the Rita and Katrina evacuees. Council Member Davis presented a Proclamation for Western Heritage Trail Drive Celebration Day to Dan Cary, Trail Boss for this years Trail Drive celebration and Mr. Ernie Horn, with Score a Goal in the Classroom in the Fort Worth Independent School District. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 2 of 27 (Council Member Wheatfall assumed his chair at the dais.) Agenda Item VI Council Member Jordan advised Council that the Crowley ISD Planning Announcements meeting hosted by Superintendent Greg Gibson and President Sherry Whiting was very productive relative to the growth that the City and the School District were experiencing. He also congratulated the TCU Horn Frogs for winning the Mountain West Conference Football Championship. Council Member Hicks expressed appreciation to Mayor Moncrief, Council Member Wheatfall, City Manager Boswell, Assistant City Managers Dale Fisseler, Joe Paniagua, and Marc Ott, and all of the staff members that were in attendance Saturday at the District 8 Town Hall meeting. She also thanked her aide, Jinnell Killingsworth for all of her hard work. She stated that the turnout was excellent and there were very good evaluations from the citizens. She also announced that an update would be provided on Evans and Rosedale Business and Cultural District Monday, November 14, 2005 at 6:30 p.m. at the Southside Community Center and invited all interested citizens to come and support this effort. Mayor Pro tem Silcox advised Council that he had the privilege of presenting a proclamation earlier this morning celebrating the 230th birthday of the United States Marines. He stated that the Marines past, present, and future have done such a wonderful job in being part of the participants, who help to keep this country free and requested applause for them. Council Member Davis announced that there would be a Health Fair at La Gran Plaza, formerly the Town Center Mall on Saturday from 10:00 a.m. to 2:00 p.m. whereby families could go and have checkups and immunizations and also stated that entertainment, raffles, and prizes would be available. She also announced that the Police Department, South Division, would be holding Family Day Saturday, November 12, 2005, at El Buen Pastor Church located at 4800 Merida and invited everyone interested to attend. Council Member Burdette announced that the annual Veteran's Day Parade downtown would take place November 11, 2005 and invited everyone to come down and show their respect and admiration to the participants for all that they did for our country. Council Member Espino expressed appreciation to the Riverside Community for their participation in the Town Hall meeting that was held on November 7, 2005, at 7:00 p.m. at La Hacienda Banquet Hall. He recognized Fernando CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 3 of 27 Costa, Christa Sharp, Assistant City Manager Marc Ott, and Council Member Haskin for their participation and a special thanks to Libby Willis, the chairperson. Council Member Haskin recognized Boy Scout Vincent Sanchez of Troop 180 of the St. Rita's Catholic Church, who attended the meeting working towards another badge. Mayor Pro tem Silcox also introduced Casey Nixon who was visiting a City Council meeting with her mother and a friend so that she would be able to write a report for her Government Class. Mayor Moncrief announced that there was a tremendous race this past weekend at the Texas Motor Speedway. He stated that there was approximately 200,000 people in attendance. He congratulated Eddie Gossage and his team, who knows how to run a first class operation, for this successful event. Agenda Item VII There were no items to be withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15000 be continued for one week. Withdrawn By Staff The City staff recommended that Zoning Docket No. ZC-05-197 be continued until December 13, 2005, at the request of the applicant. Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Burdette, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1522 M&C OCS-1522 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-14993 M&C G-14993 — Authorizing payment for the City of Fort Worth's FY 2005- Annual 06 membership with the North Central Texas Council of Governments Membership with (NCTCOG)in the amount of$61,860.00. NCTCOG CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 4 of 27 G-14994 M&C G-14994 — Authorizing payment for the City of Fort Worth's FY 2005- Annual 06 membership with the North Texas Commission (NTC) in the amount of Membership with $50,902.25. NTC G-14995 M&C G-14995 — Authorizing payment for the City of Fort Worth's FY 2005- Annual 06 membership with the Texas Municipal League (TML) in the amount of Membership with $27,402.00. TML G-14996 M&C G-14996 — Authorizing the City Manager to advertise and consider bids Bids for Gas Well for gas well development on City-owned property known as the Southwest Development at Community Park. Southwest Community Park G-14997 M&C G-14997 — Approving and adopting Ordinance No. 16685-11-2005 Ord. No. 16685- amending City Ordinance No. 15864, by increasing from forty (40) to seventy- 11-2005 five (75) the number of shuttles which Classic Acquisition Corp. d/b/a Yellow Amend Ord. No. Checker Shuttle is authorized to operate upon the public streets, alleys and 15864 to Operate thoroughfares of the City; providing that the findings and recitations contained on City Streets, in the preamble are the findings of the City Council; providing for written Alleys and acceptance of this ordinance by Classic Acquisition Corp. d/b/a Yellow Thoroughfares Checker Shuttle. G-14998 M&C G-14998 — Authorizing the transfer of funds in the amount of$2,875.00 Ord. No. 16686- from the Municipal Airports Fund to the Airport Grants Fund; and adopting 11-2005 Appropriation Ordinance No. 16686-11-2005 increasing estimated receipts and Fund an Airport appropriations in the Airport Grants Fund in the amount of $28,750.00 from Systems Plan available funds for the purpose of funding an Airport Systems Plan. G-14999 M&C G-14999 — Authorizing the City Manager to approve payment in the Electrical Service amount of $301,246.99 to TXU Electric for providing electrical service to the to Proposed Eagle proposed Eagle Mountain raw water pump station. Mountain Raw Water Pump Station P-10261 M&C P-10261 — Authorizing a purchase agreement with Murray Energy, Inc., Gas Monitors, for gas monitors, accessories and repair services for the Water Department Accessories and based on best value, freight included, with payment due 30 days from the date Repair Services of the invoice; authorizing the agreement to begin November 8, 2005, and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 5 of 27 expire on November 7, 2006, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10262 M&C P-10262 — Authorizing the purchase of two package scanning systems Package Scanning from Control Screening for the Municipal Court Department, for a cost not to Systems exceed $31,198.00, based on best value with freight included in unit price and payment due 30 days after receipt of invoice. P-10263 M&C P-10263 — Authorizing a purchase agreement with United Sites Services Chemical Toilet to provide chemical toilet rental for the City of Fort Worth based on best value Rental with freight included in the unit price and payment due 30 days after receipt of invoice; authorizing this agreement to begin on November 8, 2005, and expire November 7, 2006, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10264 M&C P-10264 — Authorizing a purchase agreement for lease of mail room Mail Room equipment with Pitney Bowes for the Reprographics Division using the Texas Equipment Building and Procurement Commission term agreement program with payment due within 30 days of receipt of the invoice and freight included in the unit price; and authorizing this agreement to begin November 8, 2005, and expire November 7, 2006, with options to renew for two additional one-year periods. PZ-2632 M&C PZ-2632 —Adopting Ordinance No. 16687-11-2005 vacating a portion of Ord. No. 16687- a 25 foot section of right-of-way running south from the northwest corner of 11-2005 Lot 10, Block 2 to the southwest corner of Lot 1, Block 2 of the Draughon Right-of-Way Heights Addition, City of Fort Worth, Tarrant County, Texas. Vacation (VA-05-025) C-21134 M&C C-21134 —Authorizing the City Manager to execute an Advance Funding Ord. No. 16688- Agreement with the Texas Department of Transportation (TxDOT) for the 11-2005 construction of storm drain improvements along BU287P (Riverside Drive) TxDOT from Colvin Street to Cantey Street, for participation by TxDOT in the amount of $70,830.00; and adopting Appropriation Ordinance No. 16688-11-2005 increasing estimated receipts and appropriations in the Streets Improvements Fund in the amount of$70,830.00 subject to execution of the Advance Funding CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 6 of 27 Agreement with the Texas Department of Transportation for the purpose of funding the construction of storm drain improvements along BU287P (Riverside Drive)from Colvin Street to Cantey Street. C-21135 M&C C-21135 — Authorizing the City Manager to extend the lease with La La Gran Plaza Gran Plaza for 3,749 square feet for an additional 60 days with an option to extend the lease another nine months for the Katrina Emergency Operations; and authorizing the extensions of the lease to begin November 10, 2005, and expire October 9, 2006. C-21136 M&C C-21136 — Authorizing the City Manager to execute a contract with Archer Western Archer Western Contractors, Ltd., in the amount of $2,788,100.00 for Contractors, Ltd. construction renovation of the Water Gardens Active Pool and Pump Rooms 1 and 2. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution establishing a pilot program to fund plumbing Res. No. 3271-11- repairs and provide financial assistance to low income families for payment of 2005 water and solid waste collections fees. Mayor Pro tem Silcox made a motion, Pilot Program for seconded by Council Member Davis, that Resolution No. 3271-11-2005 be Plumbing Repairs adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. and Financial Assistance to Low Income Families for Payment of Water and Solid Waste Collection Fees Agenda Item XI There was presented a resolution nominating Omni Hotels Corporation Resolution to ("Omni") and ATC Logistics & Electronics, L.P. ("ATC"), as enterprise Nominate Omni projects pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas and ATC as Government Code. Enterprise Projects Mayor Pro tem Silcox requested that the listening audience be provided with an explanation of this resolution. As the staff who could provide the brief explanation was not in the Council Chamber at this time, Mayor Moncrief advised that the Council would come back to this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 7 of 27 Agenda Item XII Mayor Moncrief advised Council that he had appointed Council Members Presentations by Wendy Davis, Sal Espino, and Carter Burdette as the adhoc committee on City Council Municipal Court, with Council Member Burdette serving as chair. Agenda Item XIII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations At the request of the Mayor, the City Council returned to Item XI. Agenda Item XI There was presented a resolution nominating Omni Hotels Corporation Res. No. 3272-11- ("Omni") and ATC Logistics & Electronics, L.P. ("ATC"), as enterprise 2005 projects pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Nominate Omni Government Code. and ATC as Enterprise Mr. Jay Chapa, Economic and Community Development Assistant Director, Projects stated that the resolution basically nominated OMNI and ATC Logistics & Electronics, L.P. as enterprise zone projects to be submitted to the state, which would make them eligible to receive some state incentives based on the number of jobs created and workers retained in Fort Worth. He also advised that there were no City incentives involved. Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3272-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15000 It was the consensus of the City Council that Mayor and Council Continued for One Communication No. G-15000 Authorization to Submit to Crime Control and Week Prevention District (CCPD) Board of Directors an Amendment to the FY 2006 CCPD Budget for Crime Lab Outsourcing, Ammunition, NPO Sergeants, Training and Marked Vehicles, be continued for one week. (Council Member Jordan stepped away from the dais.) Public Hearing It appeared that the City Council set today as the date for a public hearing for L-14145 the conversion of Arrow S Park for the subsurface drilling and extraction of Convert Arrow S gas. Mayor Moncrief opened the public hearing and asked if there was anyone Park for present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director of the Parks and Community Extraction of Gas Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14145, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 8 of 27 There was presented Mayor and Council Communication No. L-14145 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 Recreational Lands; to find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; to 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 extraction of natural gas on land situated in Arrow S Park, as described in the RH Burnett Survey, Abstract No. 118, Lake Worth Leases, City of Fort Worth, Tarrant County, Texas. Council Member Burdette clarified that there would be no operations conducted on the surface of the Park; it would be totally subsurface. Mr. Pitchford stated that any drilling will be done off of this site. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council No. L- 14145 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. (Council Member Jordan assumed his chair at the dais.) Public Hearing It appeared that the City Council set today as the date for a public hearing for L-14146 the conversion of 0.543 acres of Gateway Park for use as a pipeline to transport Convert Gateway natural gas; authorize execution of a License Agreement with West Fork Park for Pipeline Pipeline Company; and acceptance of park facility improvements in-lieu-of fee. to Transport Mayor Moncrief opened the public hearing and asked if there was anyone Natural Gas present desiring to be heard. Mr. Harold Pitchford, Acting Assistant Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L- 14145, as follows: There was presented Mayor and Council Communication No. L-14146 from the City Manager recommending that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks of Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 9 of 27 2. Find that no feasible or prudent alternative exists for providing the needed conversion of Gateway Park; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to Gateway Park; 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for use as a natural gas pipeline in a 0.543 acre portion of land situated in the northwest corner of Gateway Park, J. Lynch Survey, Abstract No. 942 and the A.C. Warren Survey, Abstract No. 1686, Tarrant County, Texas; 5. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park improvements at a value equal to or greater than the assessed $101,008.32 License Agreement fee; and 6. Authorize the acceptance of park facility improvements valued at $101,008.32 in-lieu-of the assessed License Agreement fee. Council Member Haskin stated that the subsurface would be a pipeline and that the $101,008 would be used for a parking lot that this company was constructing, which really does help the City with the Master Plan for the park. She stated that this was a welcomed addition. Council Member Hicks also offered her support stating that the developer, West Fork Pipeline Company would be returning the surface condition of the easement to as good or better condition than exists currently. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14146 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2633 There was presented Mayor and Council Communication No. PZ-2633 from the Ord. No. 16689- City Manager recommending that the City Council adopt an ordinance vacating 11-2005 a remnant portion of North Cummings Street right-of-way from Lot 35, Right-of-Way Cummings Addition, to its termination at the Trinity River and being adjacent Vacation to Lot 5R, Block 1, of the Cummings-Boaz Addition, an addition to the City of (VA-05-023) Fort Worth, Tarrant County, Texas, and Lots 27 through 33 and 35 through 37 of Cummings Addition, an addition of the City of Fort Worth. Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 10 of 27 Member Davis made a motion, seconded by Council Member Wheatfall, that the recommendation and Ordinance No. 16689-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix stated that Mayor and Council Communication Nos. PZ-2634 and PZ-2635 would be considered along with Zoning Docket No. ZC- 05-194. PZ-2634 There was presented Mayor and Council Communication No. PZ-2634 from the Ord. No. 16690- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of Initiated approximately 323.98 acre tract of land situated in the C.K. Gleason Survey, Annexation Abstract No. 559, the J. Johnson Survey, Abstract No. 871, the J. Burleson (AX-05-008, Survey, Abstract No. 78, and the S. Petitt Survey, Abstract No. 1234, of Tarrant Leonard Tract) County, Texas (Case No. AX-05-008), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. PZ-2635 There was presented Mayor and Council Communication No. PZ-2635 from the Ord. No. 16691- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of Initiated approximately 4.2 acre tract of land in the C.K. Gleason Survey, Abstract No. Annexation 559 and the J. Johnson Survey, Abstract No. 871, both of Tarrant County, (AX-05-009 Texas, and being a portion of existing Chapin Road (County Road 1029), (Case Chapin Road) No. AX-05-009) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. ZC-05-194 It appeared that the City Council, at its meeting of October 11, 2005, continued the hearing of the application of Mary L. Wellman Trust for a change in zoning of property located at West Freeway and Chapin Road from Unzoned and "G" Intensive Commercial to (Tracts 1, 3, 5), "A-5" One-Family Residential; (Tracts 2, 6, 7, 8, 9) "R-l" Zero Lot Line/Cluster Residential; (Tract 4) "G" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 11 of 27 Intensive Commercial, Zoning Docket No. ZC-05-194. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Thad B. Brundrett Mr. Thad B. Brundrett of Carter & Burgess, Inc., 777 Main, representing Mary Wellman Trust and the potential developer Meritage Home, appeared before the City Council and stated that he was available to answer any questions that Council might have relative to the R-1 and A-5 zoning request. Gary Hogan Mr. Gary Hogan, President of the Chapel Creek Neighborhood Association, 2117 Rolling Creek Run, appeared before the City Council and expressed appreciation to the developer for meeting with the Association. He expressed opposition to the zero lot lines homes that would be constructed. He stated that he didn't feel that this was an amicable product for their area. He further stated that with these homes being non-occupied units that he could see them being a problem in the future. He also advised Council that the Chapel Creek bridge was in dire need of replacement. He advised Council that this zoning would add additional traffic. He stated that the gas wells were also a concern to the Association. Council Member Haskin advised that she didn't have a problem with annexing the land into the City, but that she did have a problem with the zoning and questioned since all of these items were to be considered together would Council have to accept the requested zoning. In response to Council Member Davis, Mr. Brundrett stated that they needed to go forward with the annexation and that they also needed to move forward with the consensus of the Council from the discussion relative to the A-5 zoning. John Maddux Mr. John Maddux, representing the Bank One Trust, Mary Leonard Trust, and the Marvin Leonard family, three daughters, all of which had an undivided interest in, 2120 Ridgmar Boulevard, #14, appeared before the City Council and reiterated Mr. Hogan's comments about the Chapel Creek bridge. He stated that this zoning case was an unusual piece of property in that 100 acres of it were in a flood plain and stated that it would have plenty of open space. He stated that by reducing the zoning down to the A-5 zoning, the density would be less than three units per acre. He further stated that about 30 acres was for "G" Commercial and 20 acres was for a public park in its original request. He advised Council that there was a mineral lease agreement on the property that provided for three well sites and that the other four sites were on the west side of Highway 30. He advised Council that, if they had staged this right, the wells should already be in by the time the homes were constructed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 12 of 27 Council Member Jordan inquired whether Mr. Maddux would have a problem with the conversion of the R-1 to "A-5" zoning and he answered that it was acceptable to him, but that Mr. Brundrett should really answer this question. Council Member Haskin expressed concern relative to all 1,060 units being 5,000 square feet. Mr. Brundrett stated that the numbers were predicated on the original request for "R-1" and "A-5" zoning and stated that this was what the City Zoning Commission recommended. He further stated that there are larger lots on the plan. Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor and Council Communication Nos. PZ-2634 and PZ-2635 be adopted and Ordinance No. 16690-11-2005 and Ordinance No. 16691-11-2005, respectively, be adopted and that Zoning Docket No. ZC-05-194 be adopted as amended with Tract 4 approved as "G" Intensive Commercial and Tracts 1, 2, 3, 5, 6, 7, 8, and 9 approved as "A-5" One-Family Residential. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix stated that the City Attorney had advised the Council in Pre-Council Worksession that Mayor and Council Communication Nos. PZ- 2636 through PZ-2647 as listed on the posted City Council meeting agenda, would be considered by the Council at the same time. PZ-2636 There was presented Mayor and Council Communication No. PZ-2636 from the Ord. No. 16692- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately six acre tract of land situated in the G.T. Walter Survey, Abstract Annexation No. 1696, of Tarrant County, Texas (Case NO. AX-05-010), which said (AX-05-010, GT territory lies adjacent to and adjoins the present corporate boundary limits of Walter Survey) Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16692-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 13 of 27 PZ-2637 There was presented Mayor and Council Communication No. PZ-2637 from the Ord. No. 16693- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 29 acre tract of land situated in the R. Whitley Survey, Abstract Annexation No. 1672, and the D.E. Pace Survey, Abstract No. 1245, of Tarrant County, (AX-05-011) Texas (Case No. AX-05-011), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Barbara Beerling Ms. Barbara Beerling, 8636 Overland Drive, appeared before the City Council and expressed opposition to the annexation of her property located at 8460 Boat Club Road. She stated that she owns four (4) of the 29 acres that are proposed for annexation. She stated that her business, Boat Club Road Storage would loose tenants due to her having to raise their rates because of her being annexed into the City. She stated that she had a small storage facility with only 213 units, and that 21 of the units were vacant. She stated that a gas well was drilled 300 feet away from her property and that this past week she had experienced a strong odor in her water since the well was fracked. She advised of having her own water well and whether another would have to be drilled if her current one was contaminated. She expressed her concern with this additional cost and questioned whether water and sewer service would be available. She added she had already given notice to one of her part-time employees due to the added taxes and the high cost of insurance rates. She requested that her property be given the same courtesy that the City gave to Lake Country residences when they were annexed, which was to deter their taxes for another year. Mr. Bob Riley, Development Department Director, advised the Council that the City does not have control of drilling out in the County areas, but that he would be willing to offer the services of the gas inspector to visit with Ms. Beerling and review the Railroad Commission permit relating to the gas well along with the proper authority to determine whether her water well was affected by the gas drilling. He further stated that the taxes would go into effect January 1, 2006, and that October 2006 is when they would come due and February 2007 would be when the taxes would have to be paid. He also stated that there was water and sewer services in the Eagle Ranch Subdivision, but that it would require crossing Boat Club Road and that TXU had a 200' easement line that would be an obstacle. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 14 of 27 Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16693-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2638 There was presented Mayor and Council Communication No. PZ-2638 from the Ord. No. 16694- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 5.7 acre tract of land situated in the A.S. Roberts Survey, Annexation Abstract No. 1262, of Tarrant County, Texas (Case No. AX-05-012), which (AX-05-012 AS said territory lies adjacent to and adjoins the present corporate boundary limits Roberts Survey) of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16694-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2639 There was presented Mayor and Council Communication No. PZ-2639 from the Ord. No. 16695- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 1.2 acre tract of land situated in the A.S. Roberts Survey, Annexation Abstract No. 1262, of Tarrant County, Texas (Case No. AX-05-013), which (AX-05-013 AS said territory lies adjacent to and adjoins the present corporate boundary limits Roberts Survey) of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16695-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2640 There was presented Mayor and Council Communication No. PZ-2640 from the Ord. No. 16696- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately .5 acre tract of land situated in the William Evans Survey, Annexation Abstract No. 467, Tarrant County, Texas, and a portion of the Texas and Pacific (AX-05-014 Railroad right-of-way (Case No. AX-05-014), which said territory lies adjacent William Evans to and adjoins the present corporate boundary limits of Fort Worth, Texas; Survey) providing that the territory annexed shall bear its pro rata part of taxes; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 15 of 27 providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16696-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2641 There was presented Mayor and Council Communication No. PZ-2641 from the Ord. No. 16697- City Manager recommending that the City Council institute an adopt an 11-2005 ordinance declaring certain findings; providing for the extension of corporate Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 41 acre tract of land situated in the John Askew Survey, Abstract Annexation No. 16, being all of Lot 1, Block 1, Eagle Mountain-Saginaw School I.S.D. (AX-05-015 John School Site, and all of the right-of-way dedication of Oliver Avenue, and the Askew Survey, portion of Bob Hanger Road South of the south right-of-way of Boaz Road, Eagle Mountain Tarrant County, Texas (Case No. AX-05-015), which said territory lies adjacent Saginaw ISD to and adjoins the present corporate boundary limits of Fort Worth, Texas; School Site) providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16697-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2642 There was presented Mayor and Council Communication No. PZ-2642 from the Ord. No. 16698- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 5.6 acre tract of land situated in the J.H. Conwill Survey, Annexation Abstract No. 342, of Tarrant County, Texas (Case No. AX-05-016), which said (AX-05-016 JH territory lies adjacent to and adjoins the present corporate boundary limits of Conwill Survey) Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16698-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 16 of 27 PZ-2643 There was presented Mayor and Council Communication No. PZ-2643 from the Ord. No. 16699- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 39 acre tract of land situated in the J.H. Conwill Survey, Annexation Abstract No. 342, and the A. Roberts Survey, Abstract No. 1262, of Tarrant (AX-05-017 JH County, Texas (Case No. AX-05-017), which said territory lies adjacent to and Conwill and adjoins the present corporate boundary limits of Fort Worth, Texas; providing Roberts Surveys) that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16699-11- 2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2644 There was presented Mayor and Council Communication No. PZ-2644 from the Ord. No. 16700- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 14.8 acre tract of land situated in the A.S. Roberts Survey, Annexation Abstract No. 1262, of Tarrant County, Texas (Case No. AX-05-018), which (AX-05-018 AS said territory lies adjacent to and adjoins the present corporate boundary limits Roberts Survey) of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16700-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2645 There was presented Mayor and Council Communication No. PZ-2645 from the Ord. No. 16701- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 1.9 acre tract of land situated in the A.S. Roberts Survey, Annexation Abstract No. 1262, of Tarrant County, Texas (Case No. AX-05-019), which (AX-05-019 AS said territory lies adjacent to and adjoins the present corporate boundary limits Roberts Survey) of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 17 of 27 amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16701-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2646 There was presented Mayor and Council Communication No. PZ-2646 from the Ord. No. 16702- City Manager recommending that the City Council declaring certain findings; 11-2005 providing for the extension of certain boundary limits of the City of Fort Worth; Institute City- providing for the annexation of an approximately 5.5 acre tract of land situated Initiated in the William Bush Survey, Abstract No. 205, of Denton County, Texas (Case Annexation No. AX-05-020), which said territory lies adjacent to and adjoins the present (AX-05-020 corporate boundary limits of Fort Worth, Texas; providing that the territory William Bush annexed shall bear its pro rata part of taxes; providing that the inhabitants Survey) thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16702-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2647 There was presented Mayor and Council Communication No. PZ-2647 from the Ord. No. 16703- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 80 acre tract of land situated in the Jose Chirino Survey, Annexation Abstract No. 265, Tarrant County, Texas (Case No. AX-05-021), which said (AX-05-021 Jose territory lies adjacent to and adjoins the present corporate boundary limits of Chirino Survey) Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Kirk Nance Mr. Kirk Nance, 1540 Lost Lake Drive, Keller, appeared before the City Council and expressed appreciation to Peggy Chaney in the Water Department for her assistance in having the engineers come out to a site on the proposed annexed land to find a more suitable location for the placement of a fire hydrant. He stated that he was in support of the annexation. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16703-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 18 of 27 PZ-2648 There was presented Mayor and Council Communication No. PZ-2648 from the Ord. No. 16704- City Manager recommending that the City Council institute and adopt an 11-2005 ordinance declaring certain findings; providing for the extension of certain Institute City- boundary limits of the City of Fort Worth; providing for the annexation of an Initiated approximately 6698 acre tract of land situated in the H. Robertson Survey, A- Annexation 1259, the J. Hibbins Survey, A-639, the S.C.T. Ford Survey, A-531, the I. & (AX-02-009 287 G.N.R.R. Co. Survey, A-1956, the J.A. Gill Survey, A-570, the Heirs of Zone) Benjamin Thomas Survey, A-1497, the E.H. Elkins Survey, A-487, the J.P. Alford Survey, A-53, the M.E.P.&P.R.R. Co. Survey, A-1136, the M.E.P.&P.R.R. Co. Survey, A-1144, the W. Bramlett and H.R. Ryan Survey, A-227, the M.E.P.&P.R.R. Co. Survey, A-1132, the C. Boyd Survey, A-225, the M.E.P.&P.R.R. Co. Survey, A-1129, the C. Boyd Survey, A-212, the M.E.P.&P.R.R. Co. Survey, A-1131, the S.R. Lacy Survey, A-990, the J.C. Bates Survey, A-226, the J. Righley Survey, A-1268, the M.E.P.&P.R.R. Co. Survey, A-1130, H. Robertson Survey, A-1259, the M.E.P.&P.R.R. Co. Survey, A-1111 and the M.E.P.&P.R.R. Co. Survey, A-1109, the J. Walker Survey, A- 1600, the W. Redfield Survey, A-1348 and the S. Lockhart Survey, A-977 of Tarrant County, Texas (Case No. AX-02-009), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Peggy Hickey Ms. Peggy Hickey, 2205 Robinwood Drive, speaking on behalf of her mother Alta L. Tankersley, 11530 Willow Springs Road, Haslet, Texas, and her brother, Mat Tankersley, 11490 Willow Springs Road, Haslet, Texas, appeared before the City Council to reiterate the fact that they do not want to be annexed into the City. She did express appreciation to the City Council for the written letter that she received from Assistant City Manager Dale Fisseler. She stated that she had some concerns inasmuch as this was not a binding, legal and conforming document. She added she was also appreciative of the City's willingness to consider the zoning of their property to Agriculture. She still expressed concern relative to the City's ambulance service and reiterated that they were pleased with all the current service in that area. She requested that their property be removed from the annexation plan and deferred until 2009. Alta L. Tankersley Ms. Alta L. Tankersley, 11530 Willow Springs Road, Haslet, Texas, appeared before the City Council and stated that she would like to have her property annexed at a later date. She stated property around her was waiting until a later date. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 19 of 27 (Council Member Hicks stepped away from the dais.) Mayor Moncrief responded to Ms. Hickey's concern relative to the fire station that was less than five minutes away. He spoke about the City staff s efforts to work with the family. He also pointed out that the property surrounding them wanted to come into the City in a voluntary annexation and that the annexation plan was to reduce the number of existing enclaves that exist in that area. City Attorney Yett stated that Ms. Hickey did not need a legal and binding document from the City as explained in the letter of Assistant City Manager Dale Fisseler. He further advised that her rights were assured under a state law, which allowed her to continue the pre-existing uses of the property. (Council Member Hicks assumed her chair at the dais.) Meto Miteff Mr. Meto Miteff, 4453 Crestline Road, appeared before the City Council and stated that he owned property south of the 287 zone in the Hicks Field Industrial Park. He stated that a service plan was negotiated and approved in 2009. He further stated that he would hold the Council to the things that the City said that it would provide in the service plan, i.e. water and sewer service. He stated that the fire station is over six miles away from where it was needed. He suggested that the Council needed to consider the debt the City will have to bring in this property and abide by the service plan. He stated that the City should wait and let developers put in the infrastructure. Jack Jefferson Mr. Jack Jefferson, 3924 Linkcrest Drive, Aledo, Texas, appeared before the City Council and requested that Ms. Tankersley not be annexed at this time. He expressed concern for her safety and questioned the response time for Medstar. Nancy Terrell Ms. Nancy Terrell, 5808 Axteca, appeared before the City Council and stated her opposition to the annexation. She advised she was a small business owner at Hicks Field. She advised Council that a lot of the buildings out there were built during World War I, and did not meet code requirements. She added they weren't there so they do not have to pay City taxes. She stated that many of the businesses would go out of business as they cannot afford to bring their buildings up to code. She suggested that the City go slower in their growth process and stated that they should not take in more than they can provide services for. Council Member Haskin requested further clarification on the requirement to bring these buildings into code compliance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 20 of 27 Mr. Bob Riley, Director of Development, advised the Council that the businesses would require a Certificate of Occupancy. He stated that during the preliminary inspection made a while back, there were some buildings where their exits had dead bolts that would require removal and that there was some exposed wiring in some of the buildings. Mr. Riley added that there was nothing significant enough to close down the businesses. He explained that if the buildings were remodeled or added on to, that changes would require code compliance. Ms. Nancy Terrell provided rebuttal to the Council and stated that one of the buildings had an ancient sprinkler system and all of the wiring would need to be redone under the City's regulations. She stated that these were not minor repairs and would be very expensive for the business owner. Danny R. Moss Mr. Danny Moss, 1800 Fairway Bend Drive, Haslet, Texas, developer for the Willow Springs Ranch Subdivision, appeared before Council in opposition to the remaining 123 acres of forced annexation. He pointed out the development begun with the installation of infrastructure of roads, utilities, etc. He added being in the City made him lose his marketing edge. He reiterated the issue that the plat for this area was approved by Tarrant County. He requested that this acreage be removed from consideration until 2009. He stated that most of the other states in the United States had taken the issue of forced annexation to the voters to be decided. Mayor Moncrief, Council Member Davis, Burdette and Jordan responded to comments made by the speakers and explained the need to move forward with the annexation process. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16704-11-2005 be adopted. Council Member Burdette made a substitute motion, seconded by Council Member Hicks, that Mayor and Council Communication No. PZ-2648 be approved and adopt Ordinance No. 16704-11-2005 with the amendment to authorize the City staff to initiate rezoning on Ms. Tankersley's property to be down-zoned from "A-5" zoning to "AG" and that any fees associated with the down-zoning be waived. The motion carried eight(8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 21 of 27 C-21137 There was presented Mayor and Council Communication No. C-21137 from the Amend Enhanced City Manager recommending that the City Council authorize the City Manager Community to execute the Amended Enhanced Community Facilities Agreement in the Facilities amount not to exceed $3,129,491.00, with Sierra Vista L.P. for design Agreement— engineering and the installation of community facilities to serve a 232 Lot Sierra Vista L.P. Addition to the City of Fort Worth, located off the intersection of Riverside Drive and Berry Street and surrounding area, in the Sierra Vista subdivision, and waive the requirements of Section II (7)(D)(5) of the Policy for the Installation of Community Facilities, as it applies to the City's participation. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Hicks expressed appreciation to the developer for sticking with the project, to the residents, staff and Glen Forbes and Johnny Lewis. She invited everyone to come out for the momentous occasion on December 3, 2005, for the demolition of the units. C-21138 There was presented Mayor and Council Communication No. C-21138 from the Village Homes City Manager recommending that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for each of seven real properties described below and all located in Monticello Park, owned by Village Homes and located in the West 7th Street/University Drive Neighborhood Empowerment Zone (NEZ) for the development of townhomes: Address Property Description 253 Casa Blanca Avenue Lot 8, Block 1R 257 Casa Blanca Avenue Lot 7, Block 1R 261 Casa Blanca Avenue Lot 5, Block 1R 265 Casa Blanca Avenue Lot 4, Block 1R 269 Casa Blanca Avenue Lot 3, Block 1R 271 Casa Blanca Avenue Lot 2, Block 1R 275 Casa Blanca Avenue Lot 1, Block 1R 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Village Homes are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Village Homes for each of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 22 of 27 There was discussion by the Council on their concern with this request. Council Member Burdette made a motion, seconded by Council Member Hicks, that the recommendation be denied. The motion carried eight (8) ayes to zero (0) nays, with Mayor Moncrief abstaining. C-21139 There was presented Mayor and Council Communication No. C-21139 from the Mooreland City Manager recommending that the City Council authorize the City Manager Development to execute a Community Facilities Agreement with Mooreland Development Company, Inc. Company, Inc., for the installation of water and sewer services to serve South Oak Grove Estates, Phase II, Section II, a future single-family home development, located in far south Fort Worth. Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21140 There was presented Mayor and Council Communication No. C-21140 from the Sundance West City Manager recommending that the City Council authorize the City Manager Partners, L.P. to enter into a Consent Agreement with Sundance West Partners, L.P., for use of the right-of-way at 501 Houston Street for installation of awnings and signs on both Houston and Fourth Streets. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that Resolution No. 3260-10-2005 was adopted Hearing on October 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 October 20, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. At the request of the applicant, Vincenzo Corporation, Mr. H. Dennis Hopkins, agent, requested that Zoning Docket No. ZC-05-197 be continued until the City Council meeting of December 13, 2005. ZC-05-197 Council Member Wheatfall made a motion, seconded by Council Member Continued until Davis, that the application of Waterchase Land Partners for a change in zoning December 13, 2005 of property located in the 8900 block of Creek Run Road from "F" General Commercial to "A-R" One-Family Restricted Residential, Zoning Docket No. ZC-05-197, be continued until December 13, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 23 of 27 ZC-05-198 Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Vector Builders, Ltd., for a change in zoning of property located at 2520 and 2522 Lawnwood Street from "J" Medium Industrial to "A- 5" One-Family, Zoning Docket No. ZC-05-198, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-202 Council Member Davis made a motion, seconded by Council Member Haskin, Approved that the application of Willmar, Ltd., for a change in zoning of property located at 1301, 1317, 1319, 1321 and 1325 Summit Avenue from "E/DD" Neighborhood Commercial/Demolition Delay and "G" Intensive Commercial to "H" Central Business District and "H/DD" Central Business District/Demolition Delay, Zoning Docket No. ZC-05-202, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-203 Mr. Bruce French, with Portrait Homes, 4949 Hedgecox Road #110, Plano, Returned to City Texas, applicant, appeared before the City Council and expressed support for Zoning the change in zoning. He was present to address any concerns that Council had Commission and stated that he welcomed the opportunity to discuss the case with Council. Bruce French There was discussion between Council Member Haskin and Mr. French on this request and the number of units per acre. Council Member Haskin expressed concern for the large number of apartments in the area, this cluster of attached townhouses with front entry garages, and the townhouses becoming rental properties. She advised of the objections from the Keller ISD on this development and the heed to keep the property commercial. Council Member Haskin made a motion, seconded by Council Member Espino, that the application of Emerging Properties for a change in zoning of property located in the 6700 block of Fossil Bluff Drive from "G" Intensive Commercial to "R-2" Townhouse/Cluster Residential, Zoning Docket No. ZC-05-203, be returned to the Zoning Commission. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-204 Council Member Espino commended the applicant for working with the staff SP-05-046 and community to come to a satisfactory agreement, and made a motion, Approved seconded by Council Member Wheatfall, that the application of W.W. Willingham III, H. Craig Kinney and Gigi Gartner for a change in zoning of property located in the 6500 block of North Freeway from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use, for all uses in "G" Intensive Commercial, plus site plan for a hotel, Zoning Docket No. ZC- 05-204 and SP-05-046, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 24 of 27 ZC-05-205 Council Member Davis made a motion, seconded by Council Member Jordan, Approved that the application of Hillside Acquisition, L.L.C., for a change in zoning of property located at 311 Nichols Street, 1203, 1204, 1212, 1213 East 3rd Street and 1200 East 4th Street from "D" High Density Multi-Family Residential and "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-05-205, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-05-206 Mr. Rick Horn, Pate Engineers, 6000 Western Place 11, applicant, appeared Approved as before the City Council in support of the zoning change on Tract 1 and support Amended of the denial by the Planning and Zoning Commission on Tract 2 so that they Rick Horn can return that portion back to the Zoning Commission. He further clarified that they requested that the sale of alcohol be restricted to just restaurants in Tract 1. Council Member Burdette discussed with Mr. Horn the fact that a site plan hat not been prepared on Tract 1. He responded that statement was correct; however, if the Council required one, one could be prepared. Council Member Davis clarified with Bob Riley, Director of Development, the allowed uses under the current zoning as compared to the new proposed zoning. Council Member Burdette reviewed the details of the requested zoning and the associated concerns of the citizens. Joni LaRoux Ms. Joni LaRoux, 3821 Tulsa Way, appeared before the City Council and expressed opposition to Zoning Docket No. ZC-05-206. She advised Council that she had a petition of 57 signatures in opposition to Tract 1. She stated that they have received very little details. She requested that this zoning case be returned to the Zoning Commission and require that a site plan be required. She also expresses appreciation to Council Member Burdette, Jessie Torres in Planning, and John Garfield in Development for their assistance. Ms. LaRoux read a letter from the Arlington Heights Neighborhood Association about their concerns on the need for the site plan. Christopher Hall Mr. Christopher Hall, 3625 Camp Bowie, appeared before the City Council and stated that he had a medical office in the building next to the proposed site. He welcomed new development into the area, but he stated that he would like to see a site plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 25 of 27 John Franko Mr. John N. Franko, 3616 Tulsa Way, appeared before the City Council and stated that he was a commercial owner within 200 feet of the commercial site. He suggested that Council deny the request until the Zoning Commission received a site plan. Council Member Burdette reviewed the details of the requested zoning and the associated concerns of the citizens. He advised of meeting with the developer on the concerns. He pointed out the confusion on the part of the Zoning Commission on this proposal and the lack of attention for the need for the site plan. Michael Mallick Mr. Michael Mallick, 3715 Camp Bowie Boulevard, appeared and explained that on Tract 2, this was his Corporation homestead office. They have solicited Village Homes to build townhomes where the three older townhomes were on in Tract 2. He stated that it was 17 units before and that they may be able to lower the townhomes to 12- 13 units. Council Member Jordan inquired if it were possible to send the entire zoning case back to the City Zoning Commission. Mr. Bob Riley stated that Tract 1 could be sent back to the Zoning Commission, but that Tract 2 could not since it was recommended for denial and there was not an appeal letter files. Council Member Burdette made a motion, seconded by Council Member Davis, that the application of Mallick Group for a change in zoning of property located at 3710 Tulsa Way, (A) North Tract 1 and (B) South Tract 2, Zoning Docket No. ZC-05-206, be approved as amended/denied as follows: Recommended for Approval: (North Tract 1) from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; excluding the following: sale of liquor for on and off premises consumption (exception for restaurants), electric power substation, telecommunications tower/antenna, water supply or treatment plant, outdoor amusement, drive-in theater, cold storage plant of ice plant, pawn shops, tattoo parlors, gasoline sales, with the added requirement of a site plan. Recommended for Denial Without Prejudice: (South Tract 2) from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use, for all uses in "R-2" Townhouse/Cluster Residential with exclusions, and with site plan required. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 26 of 27 AGENDA ITEM XVIC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-05-185 Council Member Haskin made a motion, seconded by Council Member Denied Wheatfall, that the application of Zena Land Devleopment for a change in zoning of property located in the 7600 block of Randol Mill Road from "E" Neighborhood Commercial to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-05-185, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-199 Council Member Wheatfall made a motion, seconded by Council Member Denied Davis, that the application of Larry Rambo for a change in zoning of property located at 4200 Chickasaw Avenue from "F-R" General Commercial Restricted to "PD/SU" Planned Development/Specific Use, for all uses in "F-R' General Commercial Restricted, plus parking for dump trucks, with waiver of site plan requested, Zoning Docket No. ZC-05-199, be denied. 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 Wheatfall made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16705-11-2005 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 nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2005 PAGE 27 of 27 Item XVII Mr. Tom Sauvlet, 4124 Wichita Street, Fort Worth, Texas 76119, representing Citizen the AMC Youth Center, was recognized by Mayor Moncrief to speak; however, Presentations he was not present. Tom Sauvlet John Ramfield Mr. John Ramfield, 721 North Bailey Avenue, Fort Worth, Texas 76107, was recognized by Mayor Moncrief to speak; however, he was not present. Gary Hogan Mr. Gary Hogan, 2117 Rolling Creek Run, Fort Worth, Texas 76108, spoke before the Council on the issue of gas wells and his concerns. He spoke about the number of wells in one location, the distance of these well sites from residential neighborhoods, the impact of these sites even after the drilling has been done. He pointed out the need for the Gas Well Advisory Committee to meet and address these safety and security concerns. He advised he is a member of this committee. Agenda Item XIX There being no further business, the meeting was adjourned at 9:44 p.m. in Adjournment memory of Mr. Isidro Ortiz. These minutes approved by the Fort Worth City Council on the 15th day of November, 2005. Attest: Approved: Marty HendriZ chael . on 'ef City Secretary Mayor