HomeMy WebLinkAbout2005/12/13-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 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 7:14 p.m. on Tuesday, December 13, 2005, in the
City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102.
Agenda Item H The invocation was given by Pastor Alonzo Winston, Church of Christ.
Invocation
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Mayor Moncrief recognized Mr. Steven Kruzick, son of George Kruzick of the
Parks and Community Services Department, from Boy Scout Troop 326 who
was attending the Council meeting working towards his Service in the
Community Badge.
Agenda Item IV On motion of Mayor Pro tem Silcox, seconded by Council Member Wheatfall,
Approval of the minutes of the regular meeting of December 6, 2005, were approved
Minutes unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Council Member Espino presented Mr. Louis Zapata with the first Annual
Special Louis Zapata Award, which is an annual award to be presented during Hispanic
Presentations Heritage Month. Council Member Espino stated that the award was named in
honor of Mr. Zapata's many years of volunteered time and dedication to the
community.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 2 of 30
Mr. Jason Smith, President of the Fort Worth Dog Park Association, presented
a $9,000.00 check to Mr. Randle Harwood, Acting Parks and Community
Services Department Director. He stated that to date, the association had
provided $25,000.00 of donated funds to the City for the maintenance of Fort
Woof.
Mr. Harwood commended Mr. Smith and the Fort Worth Dog Park Association
for their support.
Agenda Item VI Council Member Burdette commended the Water Department for their efforts
Announcements to repair over 90 water main breaks in the City over the weekend. He stated
that employees worked 24 hours a day to ensure repairs were done throughout
the City and expressed appreciation for a great job.
Council Member Davis commended Waste Management of Texas for their
dedication to make sure trash was picked up in City when the City experienced
sleet and ice on December 7-8, 2005.
City Manager Boswell announced that Charlotte Lollar, a long time employee
of the Parks and Community Services Department, died on December 10, 2005.
He added that a memorial service would be held on December 14, 2005, from
6:00 to 8:00 p.m. at the R.D. Evans Community Center, 3242 Lackland Road,
the wake would be on December 16, 2005, at Shiloh Institute of God and Christ
from 7:00 to 9:00 p.m., and the funeral would be on December 17, 2005, at
2:30 p.m. also at Shiloh Institute of God and Christ. He further stated that a
scholarship fund had been set up for Ms. Lollar's daughter and that donations
could be made at any Wells Fargo Bank.
Council Member Wheatfall announced the passing of former Representative
Garfield Thompson a long time servant of the Fort Worth Community. He
stated that funeral services would be held on December 14, 2005.
Agenda Item VII There were no items withdrawn from the consent agenda.
Withdrawn from
Consent Agenda
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No.
Continued/ G-15035 be withdrawn.
Withdrawn By
Staff
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 3 of 30
Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member
Consent Agenda Wheatfall, 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-1528 M&C OCS-1528 - 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-15032 M&C G-15032 — Considering and adopting the findings and opinions of the
Ord. No. 16726- City staff as presented; finding that the public necessity and convenience
12-2005 require the operation of 30 taxicabs upon the city streets, alleys and
Amend Ord. No. thoroughfares; and adopting Ordinance No. 16726-12-2005 amending City
14233 to Grant Ordinance No. 14233 to extend the grant of privilege to Darya, Inc., doing
Privilege to business as Executive Taxi, to operate upon the public streets, alleys and
Operate Taxicabs thoroughfares of the City for a period of five years beginning January 1, 2006,
within City and ending December 31, 2011; providing that the findings and recitations
contained in the preamble are the findings of the City Council; providing for
written acceptance of this ordinance by Darya, Inc.
G-15033 M&C G-15033 — Considering and adopting the findings and opinions of the
Ord. No. 16727- City staff as presented; and finding that the public necessity and convenience
12-2005 require the operation of 200 taxicabs upon the city streets, alleys and
Grant Privilege to thoroughfares; and adopting Ordinance No. 16727-12-2005 granting to Irving
Operate Taxicabs Holdings, Inc., doing business as Yellow Checker Cab Company the privilege
within City to use the streets, alleys and public thoroughfares of the City in the conduct of
its taxicab business, which shall consist of the operation of 200 taxicabs for a
period beginning on January 1, 2006, and ending on December 31, 2011;
specifying the terms and conditions of the grant; providing for a severability
clause; making this ordinance cumulative of all ordinances; providing for
written acceptance by Irving Holdings, Inc., doing business as Yellow Checker
Cab Company.
G-15034 M&C G-15034 — Authorizing the payment of $35,912.46 to settle a claim by
Settlement of Greg and Tiffany Vassion for water damage to their home at 5516 Wedgmont
Claim for Water Circle North related to a water main break; and authorizing the appropriate
Damage to Home personnel to execute all documents to complete the settlement.
at 5516 Wedgmont
Circle North
P-10277 M&C P-10277 — Authorizing a purchase agreement with Osburn Associates,
Aluminum Sign Inc., for aluminum sign blanks for the Transportation and Public Works
Blanks Department based on best value with two percent discount for payment made
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 4 of 30
within ten days and total payment due 30 days after receipt of invoice with
freight included in unit prices; and authorizing this agreement to begin
December 13, 2005, and expire on December 12, 2006, with options to renew
for two additional one-year periods.
P-10278 M&C P-10278 — Authorizing a purchase agreement with Pathmark Traffic
Raised Traffic Products for Raised Traffic Markers for the Transportation and Public Works
Markers Department based on sole bid received with payment due 30 days after receipt
of invoice and freight included in unit price; and authorizing this agreement to
begin December 13, 2005, and expire December 12, 2006, with options to
renew for two additional one-year periods.
P-10279 M&C P-10279 — Authorizing the purchase of new construction and turf
Construction and equipment from Texas Association of School Boards BuyBoard and Houston
Turf Equipment Galveston Area Council Contracts with Holt Cat, RDO Equipment, Ingersoll-
Rand, Crafco Texas and Professional Turf Products Companies for the City of
Fort Worth as listed below for a cost not to exceed $399,528.83 with payment
due within 30 days of the date of the invoice; and
QTY.&Description Department Unit Price Extended Total
TASB#205-04,Holt Cat
Co.
1 ea. Caterpillar 303 CR Water $ 42,507.00
Mini Excavator
TASB#126-01,RDO
Equipment Co.
1 ea.John Deere 710 G Water $131,687.57
Front Loader
HGAC#CM02-05,
Ingersoll-Rand Co.
1 ea.Ingersoll-Rand Transportation/Public $ 12,025.00
Compressor&Trailer Works
lea. Ingersoll-Rand Light Parks/Community $ 9,663.00
Tower&Trailer Service
TASB#205-04, Crafco
Texas Inc.
1 ea. Crafco Super Shot 125 Transportation/Public $ 49,165.31
Crack Sealer Works
TASB#225-05,
Professional Turf Products
2 ea. Toro 580-D Mowers Parks/Community $ 62,805.97 $125,611.94
Service
1 ea.Toro Realmaster 3100- Parks/Community $ 23.106.00
D Mowers Service
1 ea.Toro 686 Aerator Parks/Community $ 5,763.01
Service
TOTAL $399,528.83
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 5 of 30
C-21187 M&C C-21187 — Authorizing the City Manager to execute a Public Right-of-
Barnett Way Use Agreement with Barnett Gathering, LP., (Barnett Gathering), that
Gathering, LP grants Barnett Gathering a license to use a certain public right-of-way of the
City of Fort Worth for the purpose of constructing, maintaining and operating a
natural gas pipeline.
C-21188 M&C C-21188 — Authorizing the City Manager to execute a Public Right-of-
Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP., (Energy Transfer), that
Fuel, LP grants Energy Transfer a license to use certain public rights-of-way of the City
of Fort Worth for the purpose of constructing, maintaining and operating
natural gas pipelines.
C-21189 M&C C-21189 — Authorizing the City Manager to execute a Public Right-of-
Frost Brothers Way Use Agreement with Frost Brothers Resources, LLP., (Frost Brothers),
Resources,LLP that grants Frost Brothers a license to use a certain public right-of-way of the
City of Fort Worth for the purpose of constructing, maintaining and operating a
natural gas pipeline.
C-21190 M&C C-21190 - Approving additional funds needed to upgrade the exit lanes
Ord. No. 16728- for the haul trucks for two Citizen Drop Off Stations (Change Order No. 5 for
12-2005 $20,366.00), provide additional geotechnical material testing required for the
Ord. No. 16729- additional paving at both stations ($16,000.00) and contingency and staff
12-2005 management ($13,634.00); adopting Appropriation Ordinance No. 16728-12-
Upgrades and 2005 increasing appropriations in the Solid Waste Fund in the amount of
Materials for $50,000.00 and decreasing the unreserved retained earnings by the same
Construction of amount, for the purpose of funding a transfer to the Solid Waste Capital
Citizen Drop Off Improvements Fund for upgrades to two Citizen Drop Off Stations; authorizing
Stations the transfer of $50,000.00 from the Solid Waste Fund to the Solid Waste
Capital Improvements Fund; and adopting Appropriation Ordinance No. 16729-
12-2005 increasing estimated receipts and appropriations in the Solid Waste
Capital Improvements Fund in the amount of$50,000.00 from available funds,
for the purpose of funding upgrades to two Citizen Drop Off Stations.
C-21191 M&C C-21191 — Authorizing the City Manager to enter into a Pipeline
BNSF Railway Crossing Agreement (25 year term), with BNSF Railway Company for an
Company encased 16" water pipeline crossing located at milepost 344.13 (DOE 4279-05-
28955) for a one-time cost of $9,872.00, which includes a $500.00 charge for
participation in the licensor's blanket insurance policy. The City of Fort Worth
will incur all costs for this agreement.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 6 of 30
C-21192 M&C C-21192 — Authorizing the City Manager to execute Amendment No. 1
Amendment No. 1 to City Secretary Contract No. 31252 with Stream Water Group, Inc., in the
to CSC No. 31252 amount of $40,790.00 to provide additional engineering services for the 2004
— Stream Water Capital Improvement Project Minor Drainage Projects: Contract F —
Group, Inc. Miscellaneous Culvert Improvements Drainage Project (City Project No.
00098), thereby increasing the contract amount to $111,952.00.
C-21193 M&C C-21193 — Authorizing the City Manager to enter into a perpetual
Union Pacific Pipeline Crossing Agreement with Union Pacific Railroad Company for an
Railroad encased 36" sanitary sewer pipeline crossing located at milepost 254.99 (DOE
Company 4440-02352-48) for a one-time cost of$1,846.00. The City of Fort Worth will
incur all costs for this agreement.
C-21194 M&C C-21194 — Authorizing the Water Department to provide water service at
Eagle Mountain double the retail rate to the Eagle Mountain Saginaw Independent School
Saginaw District to serve the Eagle Mountain Elementary School at 9700 Boat Club
Independent Road, located in Tarrant County, Texas, outside of the Fort Worth City limits.
School District
C-21195 M&C C-21195 — Authorizing the City Manager to accept up to $300,000.00 in
Ord. No. 16730- additional funds from the Texas Department of Housing and Community
12-2005 Affairs, thereby increasing the 2005 Comprehensive Energy Assistance
Texas Department Program appropriation from $1,600,000.00 to $1,900,000.00; and adopting
of Housing and Appropriation Ordinance No. 16730-12-2005 increasing estimated receipts and
Community appropriations in the Grants Fund in the amount of $300,000.00, subject to
Affairs receipt of additional funds from the Texas Department of Housing and
Community Affairs grant, for the purpose of funding the Comprehensive
Energy Assistance Program.
C-21196 M&C C-21196 — Authorizing the City Manager to execute agreements with
CMJ Engineering, CMJ Engineering, Inc., EWI Testing & Geotechnical Engineering, Inc., Fugro
Inc., EWI Testing Consultants L.P., Trinity Engineering Testing Corp. d/b/a Kleinfelder,
& Geotechnical Professional Service Industries, Inc., and Terracon Consultants, Inc., for
Engineering, Inc., geotechnical and construction materials testing for various developer-initiated
Fugro Consultants construction projects, for a one-year contract with two one-year renewal options
L.P., Trinity with an annual fee not to exceed $200,000.00 for each agreement.
Engineering
Testing Corp.
d/b/a Meinfelder,
Professional
Service Industries,
Inc., and Terracon
Consultants, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 7 of 30
The motion carried. End of Consent Agenda.
Agenda Item X There were no changes presented by the City Council in memberships in the
Presentations by City's boards and commissions.
City Council
Res. No. 3293-12- There was presented a resolution appointing Robert A. Parmelee to District 6 to
2005 the Fort Worth Transportation Authority Board of Directors, effective October
Appoint Robert A. 1, 2005, and with a term expiring September 30, 2006.
Parmelee to Fort
Worth Council Member Jordan made a motion, seconded by Council Member Davis,
Transportation that Resolution No. 3293-12-2005 be adopted. The motion carried
Authority unanimously nine (9) ayes to zero (0) nays.
Res. No. 3294-12- There was presented a resolution of the City Council of the City of Fort Worth,
2005 Texas, canceling various dates of the regularly scheduled City Council
Cancel and meetings as follows:
Change Various
Dates of Regularly 1. The City Council meeting of Tuesday, January 3, 2006, is hereby
Scheduled City canceled.
Council Meetings
for Months of 2. The City Council meeting of Tuesday, January 17, 2006, is hereby
January and changed to Thursday, January 19, 2006, at 10:00 a.m.
March 2006 3. The City Council meeting of Tuesday, March 14, 2006, is hereby
canceled and the meeting of Tuesday, March 21, 2006, at 10:00 a.m. is
changed to 7:00 p.m.
Council Member Davis made a motion, seconded by Council Member Haskin,
that Resolution No. 3294-12-2005 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Agenda Item XI There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
Agenda Item XII There was presented a resolution in memoriam of Officer Henry "Hank" Nava.
Res. No. 3295-12-
2005 Mayor Moncrief read the resolution into the record.
Memoriam of
Officer Henry Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
"Hank" Nava that Resolution No. 3295-12-2005 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 8 of 30
Agenda Item XIII There was presented a resolution of the City Council of the City of Fort Worth,
Res. No. 3296-12- Texas, revising the schedule of standard fines for parking offenses, effective
2005 January 1, 2006, as follows:
Revise Schedule of
Standard Fines for VIOLATION STANDARD FINE REVISED FINE
Parking Offenses
Double Parking $ 25.00
No Parking Anytime $ 25.00
Keys in Car $100.00
Parked Facing Traffic $ 25.00
Storing Car on Street $ 25.00
Fire Zone $100.00
No Parking from to $ 25.00
Loading Zone $ 25.00
Expired Meter $ 17.00
One or Two Hour Zone $ 25.00
Other(Describe) $ 25.00
Disabled Parking $100.00 $150.00
Park in Front/Side Yard $ 50.00
Parking Oversized $ 50.00 $ 75.00
Commercial Vehicle
Parking in Tow Away Zone $100.00
Parking with 15' of Fire $100.00
Hydrant
Meter Feeding $ 25.00
Council Member Wheatfall made a motion, seconded by Council Member
Davis, that Resolution No. 3296-12-2005 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
G-15035 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. G-15035, Authority to Use Eminent Domain Proceedings
in the Acquisition of Property for the Southwest Parkway, be withdrawn.
P-10280 There was presented Mayor and Council Communication No. P-10280 from the
Police Patrol, City Manager recommending that the City Council authorize the purchase of
Municipal Court police patrol, municipal court and code enforcement vehicles utilizing Tarrant
and Code County contracts for the City of Fort Worth as listed below for a cost not to
Enforcement exceed $2,898,782.12 with payment due within 30 days of the invoice date.
Vehicles Freight is included in the unit price.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 9 of 30
Otv. Description Departments Unit Price Extended Total
Tarrant County 01-125,
Philpott Ford
107 ea. 2006 Ford Crown Police $22,496.44 $2,407,119.08
Victoria patrol cars
2 ea. 2006 Ford Crown Municipal $21,858.00 $ 43,716.00
Victoria patrol cars Court
Tarrant County 05-003,
Caldwell Country Chevy
19 ea. 2006 Chevy Impala Police $19,096.16 $ 362,827.04
patrol cars
5 ea. 2006 Chevy Impala Code $17,024.00 $ 85,120.00
inspection cars Compliance
TOTAL $2,898,782.12
Council Member Wheatfall made a motion, seconded by Council Member
Davis, that the recommendation be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
Public Hearing It appeared that the City Council set today as the date for a public hearing to
L-14152 authorize the conversion of Plover Circle Park for subsurface drilling and
Convert Plover extraction of natural gas. Mayor Moncrief opened the public hearing and asked
Circle Park for if there was anyone present desiring to be heard.
Subsurface
Drilling and Mr. Harold Pitchford, Parks and Community Services Acting Assistant
Extraction of Director, appeared before Council, gave a staff report and called attention to
Natural Gas Mayor and Council Communication No. L-14152, as follows:
There was presented Mayor and Council Communication No. L-14152 from the
City Manager recommending that the City Council:
1. 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;
2. Find that no feasible or prudent alternative exists to drilling and
extracting gas from underneath this park site;
3. Find that the proposed conversion includes all reasonable planning to
minimize harm to the parkland; and
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 10 of 30
4. Close the public hearing and authorize the City Manager to convert the
dedicated parkland for subsurface drilling and extraction of natural gas
from land situated in Plover Circle Park, located in certain portions of
land situated in the H.B. Smallwood Survey, Abstract No. 1493, and the
William Shacklett Survey, Abstract No. 1411, Lake Worth Leases
Addition, Lots 2 and E, Block 3, Tarrant County, Texas.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Burdette made a motion, seconded by Council
Member Jordan, that the public hearing be closed and Mayor and Council
Communication No. L-14152 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
PZ-2652 There was presented Mayor and Council Communication No. PZ-2652 from the
Res. No. 3297-12- City Manager recommending that the City Council approve a resolution
2005 adopting the Seventeenth Amendment to the City of Fort Worth's annexation
17th Amendment plan to add approximately 537 acre tract of land, or .839 square miles, situated
to City's in the Jose Chirino Survey, Abstract No. 265, the R.F. Allen Survey, Abstract
Annexation Plan, No. 29, and the J.V. Roberts Survey, Abstract No. 1305, Tarrant County, to the
Jose Chirino annexation plan.
Survey, R.F. Allen
Survey and J.V. Council Member Espino made a motion, seconded by Council Member Davis,
Roberts Survey that the recommendation and Resolution No. 3297-12-2005 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
PZ-2653 There was presented Mayor and Council Communication No. PZ-2653 from the
Res. No. 3298-12- City Manager recommending that the City Council approve a resolution
2005 adopting the Eighteenth Amendment to the City of Fort Worth's annexation
18th Amendment plan to add approximately 178 acre tract of land, or .278 square miles, situated
to City's in the Jesse Billingsley Survey, Abstract No. 70, and South Needham Survey,
Annexation Plan, Abstract No. 1171, Tarrant County, Texas, to the annexation plan.
Jesse Billingsley
Council Member Espino made a motion, seconded by Council Member Davis,
Survey and South
Needham Survey that the recommendation and Resolution No. 3298-12-2005 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-21197 There was presented Mayor and Council Communication No. C-21197 from the
Res. No. 3299-12- City Manager recommending that the City Council adopt a resolution
2005 consenting to the creation of City of Fort Worth Municipal Utility District No.
Create City 1 of Denton County and to certain road projects within the district and
Municipal Utility authorizing the City Manager to execute the "Agreement Concerning Creation
District No. 1 of and Operation of the City of Fort Worth Municipal Utility District No. 1 of
Denton County Denton County" for Phase 1 of the Tradition Development; and authorize the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 11 of 30
City Manager or a designee to execute the Agreement Concerning Creation and
Operation of City of Fort Worth Municipal Utility District No. 1 of Denton
County.
Marcella Olson, Water Department Assistant Director, stated that this contract
and the contract attached to Mayor and Council Communication No. C-21198,
needed to be amended to include comments from Denton County relative to
floodplain management.
Council Member Davis made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-21197 and Resolution No.
3299-12-2005 be adopted as amended. The motion carried unanimously nine
(9) ayes to zero (0) nays.
C-21198 There was presented Mayor and Council Communication No. C-21198 from the
City of Fort City Manager recommending that the City Council; authorize the City Manager
Worth Municipal or a designee to execute the following agreements concerning water and
Utility District No. wastewater service for the first phase of Tradition Development:
1 of Denton
County,Aperion 1. Strategic Partnership Agreement between the City of Fort Worth
Communities, Municipal Utility District No. 1 of Denton County (the"District");
LLLP, Eladio
Properties, LLLP, 2. Development Agreement between the City and Aperion Communities,
and Drooy LLLP, Eladio Properties, LLLP, and Drooy Properties, LLLP ("AED");
Properties, LLLP
and Aqua Utilities, 3. Tradition Project Special Regulations Agreement between the City and
Inc- AED;
4. Superseding Agreement regarding water and wastewater utility service
between the City, Aqua Utilities, Inc., AED and the District;
5. Buy-Out Option Contract between the City, Aqua Utilities, Inc., AED
and the District;
6. Memorandum of the Buy-Out Option Contract;
7. Agreement for Sale of Treated Water between the City and Aqua
Utilities, Inc; and
8. Wholesale Wastewater Service Agreement between City and Aqua
Utilites, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 12 of 30
Council Member Davis made a motion, seconded by Council Member Espino,
that the recommendation be adopted as amended. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Agenda Item XVI It appeared that the City Council set today as the date for a public hearing on
Public Hearing on implementing a proposed storm water utility rate. Mayor Moncrief opened the
Implementing public hearing and asked if there was anyone present desiring to be heard.
Proposed Storm
Water Utility Rate Mr. Robert Goode, Transportation/Public Works Director, appeared before
Council and gave a staff report.
AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL
Regular Zoning It appeared to the City Council that Resolution No. 3277-11-2005 was adopted
Hearing on November 11, 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 November 18,
2005. Mayor Moncrief opened the public hearing and asked if there was
anyone present desiring to be heard.
ZC-05-178 Mayor Pro tem Silcox stated that he was not familiar with this zoning case and
Continued for One asked for an explanation of the zoning change.
Week
Tom Huffines Mr. Tom Huffines, 1501 Merrimac Circle, Suite 100, representing the
applicant, stated that the zoning change was being requested to clear up the
zoning and make the area zoned for one use.
Mayor Pro tem Silcox requested clarification for the use on the property and
stated that this area had a solid layer of trees on the property and expressed
concern of the impact the zoning change would have on the preservation of the
trees. He added that he would like to have a site plan required for the zoning
reflecting what would be built on the property.
Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
that the application of River Park, J.V., for a change in zoning of property
located in the 3400 block of River Bend Boulevard from "D" High Density
Multi-Family Residential and "G" Intensive Commercial to "E" Neighborhood
Commercial, Zoning Docket No. ZC-05-178, be continued for one week to
obtain more information from the applicant. The motion carried unanimously
nine (9) ayes and zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 13 of 30
ZC-05-187 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox,
SP-05-050 that the application of Francisca Rivas for a change in zoning of property
Continued Until located at 2521 Azle Avenue from "B" Two-Family Residential to "PD/SU"
January 10, 2006 Planned Development/Specific Use for all uses in "F-R" General Commercial
Restricted, with second phase to be in place within six months of Certificate of
Occupancy, and with site plan required, Zoning Docket No. ZC-05-187 and
Site Plan No. SP-05-050, be continued until January 10, 2006. The motion
carried unanimously nine (9) ayes and zero (0) nays.
(Mayor Pro tem Silcox stepped away from the dais.)
ZC-05-197 It appeared that the City Council, at its meeting of November 8, 2005,
Approved continued the hearing of the application of Waterchase Land Partners for a
change in zoning 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. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
Council Member Haskin expressed concern with the addition of 75 additional
units to the existing 74 units in the area and the density of "A-R" lots in the
City. She added that this area was previously in her District and stated that the
neighborhood association would not want this type of development in their
area.
There being no one present desiring to be heard in connection with the
application of Waterchase Land Partners, Council Member Wheatfall made a
motion, seconded by Council Member Davis, that the Zoning Hearing be closed
and that Zoning Docket No. ZC-05-197 be approved. The motion carried seven
(7) ayes and one (1) nay, with Council Member Haskin casting the descending
vote and Mayor Pro tem Silcox absent.
ZC-05-209 Council Member Espino made a motion, seconded by Council Member
Approved Wheatfall, that the application of Bank One Trust Company for a change in
zoning of property located in the 8100 block of Horseman Road from "AG"
Agricultural to "A-5" One-Family Residential, Zoning Docket No. ZC-05-209,
be approved.
(Mayor Pro tem Silcox returned to his chair at the dais.)
The motion carried eight (8) ayes and one (1) nay, with Council Member
Haskin casting the descending vote.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 14 of 30
ZC-05-210 Council Member Espino made a motion, seconded by Council Member Davis,
Approved that the application of Brazos Electric Power Corporation for a change in
zoning of property located in the 4500 block of Keller Haslet Road from "PD-
640" Planned Development for all uses in "I" Light Industrial, with exclusions
to "A-5" One-Family Residential, Zoning Docket No. ZC-05-210, be approved.
The motion carried unanimously nine (9) ayes and zero (0) nays.
ZC-05-212 Council Member Wheatfall expressed concern with the addition of another
Continued Until retirement facility when a similar retirement facility to the north was having
January 10, 2006 difficulty maintaining occupancy.
(Council Member Espino stepped away from the dais.)
Will Thorne Mr. Will Thorne, 840 S. Carrier Parkway, Grand Prairie, Texas, representing
the applicant, appeared before Council in support of the zoning change. He
advised Council Member Wheatfall that the retirement facility to the north of
this area was 94 percent occupied and assured him there was no problem
maintaining that occupancy level. He added that he had met with Housing
Department staff on this project and that they were familiar with the project and
did not obj ect to the proj ect.
Council Member Wheatfall stated he was not familiar with the project and
expressed concern with tax credit properties in his District and the possible
long-term ramifications. He added that he desired to meet with the Housing
Department staff to discuss this project.
Vernell Sturns Mr. Vernell Sturns, 612 Highwoods Trail, appeared before Council in support
of the zoning change. He stated that he would be glad to meet with Council
Member Wheatfall to discuss this project.
Council Member Wheatfall made a motion, seconded by Council Member
Davis, that the application of Earl Burleson and Don Doherty for a change in
zoning of property located at 5145 (5151) Mansfield Highway from "I" Light
Industrial to "C" Medium Density Multi-Family Residential, Zoning Docket
No. ZC-05-212, be continued until January 10, 2006. The motion carried
unanimously eight (8) ayes and zero (0) nays, with Council Member Espino
absent.
ZC-05-214 Council Member Davis stated that she was uncomfortable with the "G"
Continued for One Intensive Commercial zoning and asked if the applicant would consider
Week changing the zoning to "MU-2" which allowed for the same height
requirement.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 15 of 30
Gary Griffith Mr. Gary Griffith, 500 W. 7th Street, applicant for the zoning change, appeared
before Council in support of the zoning change. He stated that most of the
property in this area was zoned "G".
Council Member Davis stated that this location was at a busy commercial
corridor and that"MU-2" zoning would allow for less parking requirements but
the same height requirements.
(Council Member Espino returned to his chair at the dais.)
Mr. Bob Riley, Development Department Director, advised that "MU-2"
zoning was more restrictive in terms of commercial uses and that there were
also setback requirements.
Council Member Davis made a motion, seconded by Council Member Haskin,
that the application of Baylor All Saints Medical Center for a change in zoning
of property located at 1300, 1600 8th Avenue and 1610 West Magnolia Avenue
from "A-5" One-Family Residential and "E" Neighborhood Commercial to "G"
Intensive Commercial, Zoning Docket No. ZC-05-214, be continued for one
week. The motion carried unanimously nine (9) ayes and zero (0) nays.
ZC-05-215 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox,
Approved that the application of Sangphet and Anong Vongsavath for a change in zoning
of property located at 7012, 7016 and 7020 Bob Hangar Road from "AG"
Agricultural to "A-5" One-Family Residential, Zoning Docket No. ZC-05-215,
be approved. The motion carried unanimously nine (9) ayes and zero (0) nays.
ZC-05-216 Council Member Hicks expressed concern with the allowance of billiards as
SP-05-048 part of this zoning and stated that she would like to meet with representatives
Continued Until from both sides of the issue to come up with a compromise.
January 10, 2006
Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox,
that the application of Marcer Investments for a change in zoning of property
located at 3507, 3509, 3511, 3513, 3517, and 3521 Mansfield Highway from
"E" Neighborhood Commercial to "PD/SU" Planned Development/Specific
Use for all uses in "E" Neighborhood Commercial, plus billiards, and with site
plan required, Zoning Docket No. ZC-05-216 and Site Plan No. SP-05-048, be
continued until January 10, 2006. The motion carried unanimously nine (9)
ayes and zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 16 of 30
ZC-05-217 Council Member Espino made a motion, seconded by Council Member Davis,
Approved that the application of Alejandro C. Rodriguez for a change in zoning of
property located at 1413 Northeast 33rd Street from "E" Neighborhood
Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-217,
be approved. The motion carried unanimously nine (9) ayes and zero (0) nays.
ZC-05-218 Council Member Haskin expressed concern with having an unattended car
SP-05-049 wash in such close proximity to residential zoning. She stated that there were
Continued Until four other locations in the area with similar businesses. She added that the
January 10, 2006 facility would be at the entrance of a neighborhood and three neighborhoods
had voiced opposition to this zoning change.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant,
appeared before Council in support of the zoning change. He stated that the car
wash would have two bays with automatic washers and four bays for self-
service car washes and that there would be attendants on the property during
hours of operation. He added that the City Zoning Commission required a
noise-buffering fence be constructed on the site and that the applicant would
provide additional landscaping to enhance the appearance of the business. He
further stated that a noise study was done and the decibel level was less than
half of what the City allowed. Mr. Schell stated that he felt it was not for the
Council to pre-empt entrepreneurship efforts.
Council Member Jordan expressed concern that changing the zoning would
change the character of the use in an area that was all zoned "E" Neighborhood
Commercial. He stated that he was surprised it was compatible with the
Comprehensive Plan and added that a car wash bordered on a more institutional
or industrial use. He asked the Planning staff to address this issue.
Ms. Dana Burghdoff, Planning Department Assistant Director, stated that the
Comprehensive Plan designated the location as Neighborhood Commercial
which related to the zoning categories of "ER" and "E" Neighborhood
Commercial. Because this case was a Planned Development with
Neighborhood Commercial E plus the one use that had the limitations on its
operating hours and there was a site plan that addressed access, the staff
deemed that it was consistent with the comprehensive plan. She added there
was a technical inconsistency with the future land use map but consistent with
City policies. She added that because of the surrounding "E" Neighborhood
Commercial zoning that existed there, staff determined it was still compatible
with future neighborhood commercial uses and also future residential
development would be buffered by that neighborhood commercial.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 17 of 30
Council Member Haskin made a motion, seconded by Council Member Espino,
that the application of Realty Capital Riverside, LTD, for a change in zoning of
property located in the 3400 block of Western Center Boulevard from "E"
Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for
all uses in "E" Neighborhood Commercial, plus car wash, with hours limited
from 7:00 a.m. to 9:00 p.m. daily, and with site plan required, Zoning Docket
No. ZC-05-218 and Site Plan No. SP-05-049 be continued until January 10,
2006. The motion carried unanimously nine (9) ayes and zero (0) nays.
ZC-05-219 Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall,
Approved that the application of Texas Christian University for a change in zoning of
property located in the 3500 block of Bellaire Drive, the 3500 block of Kent
Street, 3059 Odessa Avenue, and 3050, 3054 Wabash Avenue from "A-5" One-
Family Residential, "C" Medium Density Multi-Family Residential and "D"
High Density Multi-Family Residential to "PD/SU" Planned Development/
Specific Use, with waiver of site plan recommended, Zoning Docket No. ZC-
05-219, be approved. The motion carried unanimously nine (9) ayes and zero
(0) nays.
(Mayor Pro tem Silcox stepped away from the dais.)
ZC-05-220 Council Member Haskin made a motion, seconded by Council Member Davis,
SP-05-051 that the application of Charles E. Wedemeyer for a change in zoning of
Approved property located at 1117 Oak Knoll from "E-R" Neighborhood Commercial
Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E"
Neighborhood Commercial, plus showroom of stone products, excluding the
following: tattoo and massage parlor, alcohol sales for on and off premises
consumption, pawn shops, and with site plan required, Zoning Docket No. ZC-
05-220 and Site Plan No. SP-05-051, be approved. The motion carried
unanimously eight (8) ayes and zero (0) nays, and with Mayor Pro tem Silcox
absent.
ZC-05-221 Council Member Espino made a motion, seconded by Council Member Davis,
Approved that the application of Diane Nancy Cook for a change in zoning of property
located in the 10,000 block of Alta Vista Road from "AG" Agricultural to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-221, be approved. The
motion carried unanimously eight (8) ayes and zero (0) nays, and with Mayor
Pro tem Silcox absent.
ZC-05-222 Council Member Davis made a motion, seconded by Council Member
Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning
of property located at 113 Houston Street from "H/DD" Central Business
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 18 of 30
District/Demolition Delay to "H" Central Business District, Zoning Docket No.
ZC-05-222, be approved. The motion carried unanimously eight (8) ayes and
zero (0) nays, and with Mayor Pro tem Silcox absent.
(Mayor Pro tem Silcox returned to his chair at the dais.)
ZC-05-223 Council Member Hicks made a motion, seconded by Council Member Davis,
Approved that the application of the City of Fort Worth for a change in zoning of property
located in the 1300 through 1600 block of Arizona Avenue and South Freeway
from "A-5" One-Family Residential, "A-5/DD" One-Family Residential/
Demolition Delay, "B" Two-Family Residential, "F-R" General Commercial
Restricted, "F" General Commercial, "J" Medium Industrial and "MU-2" High
Intensity Mixed-Use to "A-5" One-Family Residential, "A-5/DD" One-Family
Residential/Demolition Delay and "E" Neighborhood Commercial, Zoning
Docket No. ZC-05-223, be approved. The motion carried unanimously nine (9)
ayes and zero (0) nays.
Council Member Burdette made a motion, seconded by Council Member
Wheatfall, that the following items 21 through 23 (ZC-05-225, 226 and 227) on
the zoning agenda be approved by one motion as they were City-initiated
zoning changes. The motion carried unanimously nine (9) ayes and zero (0)
nays.
ZC-05-225 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2401 Silver Creek Road — Tract 2 from "AG" Agricultural to "A-21"
One-Family Residential, Zoning Docket No. ZC-05-225.
ZC-05-226 Application of the City of Fort Worth for a change in zoning of property
Approved located in the 9500 through 9800 blocks of Heron Drive — Tract 3 from "A-5"
One-Family Residential to "A-21" One-Family Residential, Zoning Docket No.
ZC-05-226.
ZC-05-227 Application of the City of Fort Worth for a change in zoning of property
Approved located in the 1700 through 2000 blocks of Las Vegas Trail, the 2200 block of
West Loop 820, the 2400 block of Indian Cove Street, the 2400 block of Indian
Cove Circle, the 2500 block of Castle Circle, the 8400 through 9800 blocks of
Heron Drive and the 8900 block of Sweet Pear Road—Tract 4 from "A-5" One-
Family Residential to "A-10" One-Family Residential Zoning Docket No. ZC-
05-227.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 19 of 30
City Attorney Yett stated that items 24 through 30 on the zoning agenda were
properties annexed by the City on November 8, 2005, and could be considered
by the Council in one block.
Council Member Burdette made a motion, seconded by Council Member
Wheatfall, that the following items 24 through 30 (ZC-05-228 to ZC-05-235)
on the zoning agenda be approved. The motion carried unanimously nine (9)
ayes and zero (0) nays.
ZC-05-228 Application of the City of Fort Worth for a change in zoning of property
Approved located at 9401 Park Drive from "AG" Agricultural to "A-5" One-Family
Residential, Zoning Docket No. ZC-05-228.
ZC-05-229 Application of the City of Fort Worth for a change in zoning of property
Approved located at 8460 Boat Club Road from "AG" Agricultural to "F-R" General
Commercial Restricted, Zoning Docket No. ZC-05-229.
ZC-05-230 Application of the City of Fort Worth for a change in zoning of property
Approved located at 6000, 6008 and 6020 W.J. Boaz Road from "AG" Agricultural to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-230.
ZC-05-231 Application of the City of Fort Worth for a change in zoning of property
Approved located at 5932 W.J. Boaz Road from "AG" Agricultural to "A-5" One-Family
Residential, Zoning Docket No. ZC-05-231.
ZC-05-233 Application of the City of Fort Worth for a change in zoning of property
Approved located at 6901 Bowman Roberts Road from "AG" Agricultural to "PD/SU"
Planned Development/Specific Use for mobile home manufacturing facility,
with waiver of site plan recommended, Zoning Docket No. ZC-05-233.
ZC-05-234 Application of the City of Fort Worth for a change in zoning of property
Approved located at 6009 through 6617 Longhorn Lane from "AG" Agricultural to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-234.
ZC-05-235 Application of the City of Fort Worth for a change in zoning of property
Approved located at 6001 Longhorn Lane from "AG" Agricultural to "A-5" One-Family
Residential, Zoning Docket No. ZC-05-235.
City Attorney Yett stated that items 31 through 70 on the zoning agenda were
properties annexed by the City on November 8, 2005, and could be considered
by the Council in one block.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 20 of 30
Mayor Pro tem Silcox made a motion, seconded by Council Member Espino,
that the following items 31 through 70 (ZC-05-238 to ZC-05-279) on the
zoning agenda be approved. The motion carried unanimously nine (9) ayes to
zero (0) nays.
ZC-05-238 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2021 North Grove Street from "K" Heavy Industrial to "I" Light
Industrial, Zoning Docket No. ZC-05-238.
ZC-05-239 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3106 Hanna Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-239.
ZC-05-240 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3104 North Pecan Street from "I" Light Industrial to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-240.
ZC-05-241 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3217 Prairie Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-241.
ZC-05-242 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3212 Refugio Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-242.
ZC-05-243 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2717 Virginia Court from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-243.
ZC-05-244 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3217 Tom Ellen Street from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-244.
ZC-05-245 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2800 Avenue L from "E" Neighborhood Commercial to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-245.
ZC-05-246 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2516 South Ayers Avenue from "B" Two-Family Residential to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-246.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 21 of 30
ZC-05-247 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2519 Campbell Street from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-247.
ZC-05-248 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2312 Christine Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-248.
ZC-05-249 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2216 Eastover Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-249.
ZC-05-250 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1821 Effie Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-250.
ZC-05-251 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3021 Hangar Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-251.
ZC-05-252 Application of the City of Fort Worth for a change in zoning of property
Approved located at 3324 Hangar Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-252.
ZC-05-253 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1624 Lindsey Street from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-253.
ZC-05-254 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1824 Lloyd Avenue from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-254.
ZC-05-255 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2050 Thrall Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-255.
ZC-05-256 Application of the City of Fort Worth for a change in zoning of property
Approved located at 5512 Bonnell Avenue from "I" Light Industrial to "E-R"
Neighborhood Commercial Restricted, Zoning Docket No. ZC-05-256.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 22 of 30
ZC-05-257 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1340 East Arlington Avenue from "B" Two-Family Residential to
"A-5" One-Family Residential, Zoning Docket No. ZC-05-257.
ZC-05-258 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1909 Ash Crescent Street from "B" Two-Family Residential to"A-5"
One-Family Residential, Zoning Docket No. ZC-05-258.
ZC-05-259 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2508 Avenue H from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-259.
ZC-05-260 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2525 Avenue H from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-260.
ZC-05-261 Application of the City of Fort Worth for a change in zoning of property
Approved located at 4026 Avenue H from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-261.
ZC-05-262 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1727 Belzise Terrace from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-262.
ZC-05-263 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2561 Burton Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-263.
ZC-05-264 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1412 Driess Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-05-264.
ZC-05-265 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1250 Evans Avenue from "E" Neighborhood Commercial to "MU-1"
Low Intensity Mixed Use, Zoning Docket No. ZC-05-265.
ZC-05-266 Application of the City of Fort Worth for a change in zoning of property
Approved located at 835 Harvey Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-266.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 23 of 30
ZC-05-267 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1300 East Jefferson Avenue from "B" Two-Family Residential to
"A-5" One-Family Residential, Zoning Docket No. ZC-05-267.
ZC-05-268 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1246, 1252, 1254 East Maddox from "B" Two-Family Residential to
"A-5" One-Family Residential, Zoning Docket No. ZC-05-268.
ZC-05-269 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1324 East Mulkey Street from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-269.
ZC-05-271 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1712 East Powell Avenue from "B" Two-Family Residential to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-271.
ZC-05-272 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1724 East Powell Avenue from "B" Two-Family Residential to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-272.
ZC-05-273 Application of the City of Fort Worth for a change in zoning of property
Approved located at 905 East Ramsey Avenue from "E-R" Neighborhood Commercial
Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-05-273.
ZC-05-274 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1253 East Ramsey Avenue from "B" Two-Family Residential to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-274.
ZC-05-275 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2317 South Riverside Drive from "I" Light Industrial to "E"
Neighborhood Commercial, Zoning Docket No. ZC-05-275.
ZC-05-276 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2938 Strong Avenue from "B" Two-Family Residential to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-276.
ZC-05-277 Application of the City of Fort Worth for a change in zoning of property
Approved located at 2469 East Vickery Boulevard from "C" Medium Density Multi-
Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-
05-277.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 24 of 30
ZC-05-279 Application of the City of Fort Worth for a change in zoning of property
Approved located at 1224 Meriwether Avenue from "B" Two-Family Residential to "A-
5" One-Family Residential, Zoning Docket No. ZC-05-279.
AGENDA ITEM XVIIB — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL/DENIAL
ZC-05-224 Council Member Burdette made a motion, seconded by Council Member Davis,
Approved/Denied that the application of the City of Fort Worth for a change in zoning of property
located in the 2300 through 3200 blocks of Silver Creek Road — Tract 1 from
"A-5" One-Family Residential to "A-21" One-Family Residential, Zoning
Docket No. ZC-05-224, be approved/denied as follows:
(Council Member Wheatfall stepped away from the dais.)
Approved:
City of Fort Worth, 2300 through 3200 blocks of Silver Creek Road — Tract 1
from "A-5" One-Family Residential to"A-21" One-Family Residential.
Denied:
City of Fort Worth, (A) 2501 Silver Creek Road from "A-5" One-Family
Residential to"A-21" One-Family Residential.
The motion carried unanimously eight (8) ayes to zero (0) nays, and with
Council Member Wheatfall absent.
ZC-05-232 Council Member Burdette made a motion, seconded by Council Member Davis,
Approved/Denied that the application of the City of Fort Worth for a change in zoning of property
located at 7220 and 7300 Elkins School Road from "AG" Agricultural to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-232, be approved/denied,
with the exception of the 10.93 acres in the northern section which would
remain"AG" Agricultural, as follows:
(Council Member Wheatfall returned to his chair at the dais.)
Approved:
City of Fort Worth, 7220 and 7300 Elkins School Road from "AG" Agricultural
to"A-5" One-Family Residential
Denied:
City of Fort Worth, (A) Northern portion of site, 10.93 acres from "AG"
Agricultural to"A-5" One-Family Residential.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 25 of 30
AGENDA ITEM XVIIC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL
ZC-05-132 Council Member Hicks made a motion, seconded by Council Member Davis,
Denied that the application of Eight Diamonds LTD., for a change in zoning of
property located at 13001 South Freeway from "J" Medium Industrial to "C"
Medium Density Multi-Family Residential, Zoning Docket No. ZC-05-132, be
denied. The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-05-179 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox,
Denied that the application of Texas Christian University, for a change in zoning of
property located in the 3500 Block of Bellaire Drive and the 3500 block of
West Berry from "CF" Community Facilities to amend "PD-497" Planned
Development for all uses in the "MU-2" High Intensity Mixed-Use District,
with exceptions listed below, and with waiver of site plan requested, Zoning
Docket No. ZC-05-179, be denied:
Ambulance dispatch station;
Blood bank;
Electric power substation;
Probation or parole office;
Auto repair,paint and body shop;
Boat rental or sales;
Cold storage or ice plant;
Gunsmithing, repair or sales;
Mini-warehouses;
Newspaper distribution center;
Automotive repair,paint and body shop;
Assembly of pre-manufacture parts except for vehicles, trailers, airplanes,
mobile homes;
Bottling works,milk or soft drinks;
Manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning
or polishing preparations, small boats,novelties and clothing;
Monument or marble works, finishing or carving only;
Monument works, stone;
Paper box manufacture;
Rubber stamp manufacture;
Sheet metal shop;
Warehouse or bulk storage;
Welding shop, custom work(not structural)
Nothing included or excluded should be construed as waiving any
supplemental standards or restrictions contained in the "MU-2" zoning
ordinance
The motion carried unanimously nine (9) ayes to zero (0) nays.
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REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 26 of 30
ZC-05-183 Council Member Burdette made a motion, seconded by Council Member Hicks,
SP-05-043 that the application of Chapel Creek Westpoint, J.V., for a change in zoning of
Denied With property located in the 10600 block of Westpoint Boulevard from "E"
Prejudice Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for
all uses in "E" Neighborhood Commercial, plus mini warehouse, and with site
plan required, Zoning Docket No. ZC-05-183 and Site Plan No. SP-05-043, be
denied with prejudice. The motion carried unanimously nine (9) ayes to zero
(0) nays.
ZC-05-207 Council Member Espino made a motion, seconded by Council Member Davis,
Denied that the application of Daniel J. Miller, for a change in zoning of property
located at 2812 Race Street from "E" Neighborhood Commercial to "F-R"
General Commercial Restricted, Zoning Docket No. ZC-05-207, be denied.
The motion carried unanimously nine (9) ayes to zero (0) nays.
SP-05-052 Mr. Bob Riley, Development Department Director, advised Council that the
Set for Special applicant had filed a letter of appeal on the denial. He added that Council's
Hearing on options on action were to uphold the denial, return the case to the City Zoning
January 10, 2006 Commission, or set the case for a special hearing on January 10, 2006.
Ray Boothe Mr. Ray Boothe, 2621 Hartwood Drive, architect for the applicant, appeared
before Council in opposition of the denial. He requested that the case be set for
a special hearing on January 10, 2006.
Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox,
that the application of Lynden Properties, Inc., for a site plan for industrial uses
for property located at 306 and 308 North Beach Street, Site Plan No. ZC-05-
052, be set for a special hearing on January 10, 2006. The motion carried
unanimously nine (9) ayes to (0) nays.
ZC-05-237 Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox,
Denied that the application of the City of Fort Worth, for a change in zoning of
property located at 6600 Lindentree Lane from "AG" Agricultural to "A-5"
One-Family Residential, Zoning Docket No. ZC-05-237, 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 Haskin made a motion, seconded by Mayor Pro tem Silcox,
that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 27 of 30
ORDINANCE NO. 16731-12-2005
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.
Item XV Mr. Leroy Comley, 2604 Market Avenue, appeared before Council relative to
Citizen trash and Code Compliance issued in his neighborhood. Council Member
Presentations Espino requested that Code Compliance perform a sweep of Mr. Comley's area
Leroy Comley to assess the trash issue. Mayor Moncrief asked Mr. Comley to meet with
Acting Assistant City Manager Gleniece Robinson to discuss his concerns.
S. Gopal Raju Dr. S. Gopal Raju, 4508 Circle Drive, appeared before Council relative to
garbage pick up, stop signs on Beach and Golden Triangle, and asked for
assistance on having his medical license certified to treat patients in Texas.
Mayor Moncrief advised Mr. Raju that the City would work on the trash and
street issues; however, the City could not assist with his medical license issue.
Mitch Musgrove Mr. Mitch Musgrove, 4700 Westridge Avenue, appeared before Council
relative to improper zoning of neighborhoods. He stated that he did not know
the zoning of his property until two weeks ago when he received notice from
his neighbor that two homes next to his would be torn down to make room for
15 housing units. He expressed frustration that one home in his neighborhood
could be purchased and then replaced with multiple homes. He stated that
notice was supposed to be sent to residents within a quarter mile of the zoning
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2005
PAGE 28 of 30
change, but he had never received a notice. He expressed concern that the
public hearing on this zoning change was scheduled for December 23, 2005,
during the Christmas holidays and requested the meeting be rescheduled. He
added that he would like his neighborhood rezoned so that something like this
would never happen again.
Mayor Pro tem Silcox stated he had just found out about this zoning situation.
He advised Mr. Musgrove to meet with his neighbors and schedule a meeting
with City staff to request a blanket rezoning of their neighborhood.
Mr. Bob Riley, Development Department Director, stated that all neighborhood
associations were provided notice of zoning changes within one-quarter mile of
the proposed change; that was Council policy. He added that in accordance
with State Law, when there was a piece of property that would be subdivided
for residential use, the City must notify all adjacent property owners within 200
feet. However, the City notified residents within 300 feet. He further stated
that this issue would be a hearing before the City Plan Commission and the
Commission must verify that the plat meets all the City's subdivision rules and
regulations. In addition, there was a State Law that states the City must act
upon that plat within 30 days and if the City failed to act, the plat was as good
as submitted. He added that the City Plan Commission meeting was on the 4th
Wednesday of each month and that early in January of 2005, the calendar was
set with the City Plan Commission. The Commission elected to meet on
December 23, 2005, instead of the week between Christmas and New Year's.
He further stated that all the calendars had been adjusted and they had made all
the appropriate notices and while it may be inconvenient for some individuals,
the City had 30-day action that must be taken by State Law.
Council Member Davis stated that one thing that could be helpful was for the
Law Department to give the neighborhood the advice and legal guidelines that
the City must operate under in changing a zoning after a submittal had been
made. She added that because of State Law, the City's hands were tied legally
once a request had been made for any kind of plat or building permit, and by
State Law the City cannot change the zoning at that point and time. She added
that at the City Plan Commission, Mr. Musgrove would have the opportunity to
provide input to ensure that the plat regulations were being adhered to;
however, the City Plan Commission had no authority under law to be able to
deny the actual request for building "A-5" houses, all they had to do was show
that it complied with platting regulations. She pointed out that by bringing this
issue forward; however, it was a reminder to all of the Council that all districts
were vulnerable to this issue. She asked that the Planning Department develop
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REGULAR CITY COUNCIL MEETING
DECEMBER 13,2005
PAGE 29 of 30
a list for each Council District of those areas where there were existing uses
that were inconsistent with the underlying zoning; where the underlying zoning
was more intensive than the existing use, so that the Council could inform the
neighborhood associations.
George Barnes Mr. George Barnes, 5317 Bonnell, appeared before Council relative to ex-
offenders being taken to the Como area to live. He provided a letter from
County Commissioner Roy Brooks to the Council.
Council Member Wheatfall explained to Mr. Barnes that he has misinterpreted
the letter and that the County could not decide where ex-offenders could live.
Council Member Burdette stated that he understood Mr. Barnes' concerns, but
that Commissioner Brooks was requesting cooperation from the entire County
of faith based organizations to assist ex-offenders reintegrate themselves into
County neighborhoods. He suggested that Mr. Barnes meet with Commissioner
Brooks to resolve this issue.
Agenda Item XVII There being no further business, the meeting was adjourned at 9:22 p.m. in
Adjournment memory of City employee Charlotte Lollar and former Representative Garfield
Thompson.
These minutes approved by the Fort Worth City Council on the 20th day of
December, 2005.
Attest: Approved:
Marry Hendriks Michael J. crief
City Secretary Mayor