Weatherford
Weatherford City Council, Dec. 10, 2013: 14 items; Freese and Nichols, Inc
0 consent items, 14 regular items, 8 public hearings; 16 recorded votes, all unanimous. Written from the minutes.
Freese and Nichols, Inc. (FNI) to present an update regarding the Holland Lake Creek Watershed Study. Terry Hughes, Director of Capital Transportation Projects, presented this item stating that it is a comprehensive approach to storm water. Mr. Hughes introduced Kelly Dillard, Manager of Storm Water Services at FNI. Ms. Dillard explained the steps taken during this project, including data collection, detailed hydrologic/hydraulic analysis, stream condition assessment, capital improvements plan, public involvement, and funding augmentation. She provided more detail about the erosion and flooding assessments, as well as the sediment assessment, and watershed flood hazards. Ms. Dillard stated that Holland Lake is half full of sediment with the upper lake being completely full and having turned into marsh. Areas of interest in this watershed study include that there are 62 acres of floodplain; the City owns 22 of those acres; three structures are located within the floodplain; six roadways are overtopped by the 100-year floodplain; erosion concerns along both Holland Lake Creek and South Holland Lake Creek; overall water quality; and there are 12,000 cubic yards of sediment in Holland Lake. She spoke about Capital Improvement Planning, the following potential improvements, and their estimated cost: riparian corridor protection $4.1 million; pool/riffle structures and channel [...]
Mr. Robinson stated that he has had conversations with citizens regarding smoking in restaurants and smoking in City parks. He researched the matter and Ms. Wilder agreed that they would like the Council to look into this issue. Mr. Robinson quoted a 2006 surgeon general report regarding second hand smoke, the health hazard, and the offense to many people. He mentioned that he saw children picking up and playing with cigarette butts at one of the City's parks. Discussion included Fort Worth's ban; not allowing smoking in restaurants; not placing a complete ban on smoking in public places; that restaurant business may decrease; that bans do not normally harm business and in many cases, actually increase business; that this is a concern for our children because there are many high school and college students working in restaurants; that this might be viewed as a government mandate; that most of the restaurants do not allow smoking and have taken action on their own; that exceptions should be made for businesses like the tobacco shop on the square; that it is a minority making an unpleasant experience for the majority; that enforcement will be easier in restaurants, but harder at outdoor public parks; that we should offer restaurants the opportunity to prohibit smoking but that we not require them to do it; that this is a concern for public health; that staff request the opinion [...]
Presentation of Certificate of Achievement for Excellence in Financial Reporting. Dave Croff, Chief Financial Officer, presented this certificate to the Council. Sidney Kirk was recognized for her work in preparing the financial report. Recognize a partnership with the Parker County Community Service and Corrections Department. No one was present to accept this recognition.
Hold a PUBLIC HEARING and consider approval of Ordinance 647-2013-41 for a Zoning Change from C1 Commercial to C1 Commercial with a Conditional Use Permit for Motor Vehicle Sales, for property located at 1908-1910 Fort Worth Highway, more generally described as being an ±1.58 acre portion of the Hannibal Good Survey, Abstract 535, City of Weatherford, Parker County, Texas. Project ZCH2013-0007. Craig Farmer, Director of Planning and Development, presented this item. The Planning and Zoning Commission (PZC) approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:49 p.m. As there were no comments, Mayor Hooks closed the Public Hearing at 6:49 p.m. On the motion of Craig Swancy, second by Heidi Wilder, the Council voted unanimously to approve Ordinance 647-2013-41. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance 648-2013-42 for a Zoning Change from AG Agricultural to R1 Single-Family Residential, for property located at the easterly extension of Ethan Drive and Zachary Drive in the Lockwood Subdivision, more generally described as being an ±11.31 acre portion of the John Rucker Survey, Abstract 1144, City of Weatherford, Parker County, Texas. Project ZCH2013-0008. Mr. Farmer presented this item. This tract of land is Lockwood Phase 3 which was recently voluntarily annexed into the City. Newly annexed property enters the City as AG agriculture. This request is to change the zoning from AG to R1 Single-Family Residential. The PZC approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:51 p.m. As there were no comments, Mayor Hooks closed the Public Hearing at 6:51 p.m. On the motion of Heidi Wilder, second by Jeff Robinson, the Council voted unanimously to approve Ordinance 648-2013-42. Motion carried 5 - 0.
CC 121013 Page 4 of 10 Hold a PUBLIC HEARING and consider approval of Ordinance 649-2013-43 for a Zoning Change from C1 Commercial to C1 Commercial with a Conditional Use Permit for Motor Vehicle Sales, for property located at 914 Fort Worth Highway, more generally described as being a ±0.75 acre portion of Lots 3 and 4, Block 3, Millsap's Addition, City of Weatherford, Parker County, Texas. Project ZCH2013-0009. Mr. Farmer presented this item. The applicant has submitted a proposed site plan to modify an existing structure. The PZC approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:53 p.m. As there were no comments, Mayor Hooks closed the Hearing at 6:53 p.m. On the motion of Jeff Robinson, second by Heidi Wilder, the Council voted unanimously to approve Ordinance 649-2013-43. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance 650-2013-44 for a Zoning Change from C2 Commercial/Interstate and AG Agricultural to RE Residential Estate, for property located at 2 and 4 Fossil Hill Road, more generally described as being a ±11.0 acre portion of the J.P. Hart Survey, Abstract 1970, City of Weatherford, Parker County, Texas. Project ZCH2013-0010. Mr. Farmer presented this item. The property is adjacent to the I-20 access road and has access from Fossil Hill. The PZC approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:55 p.m. As there were no comments, Mayor Hooks closed the Hearing at 6:55 p.m. On the motion of Jeff Robinson, second by Craig Swancy, the Council voted unanimously to approve Ordinance 650-2013-44. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance 651-2013-45 for a Zoning Change from C1 Commercial to C1 Commercial with a Conditional Use Permit for a Veterinary Clinic, for property located at 803 Palo Pinto Street, more generally described as being a ±0.71 acre portion of Lot 5, Block 4, Veasey's Addition, City of Weatherford, Parker County, Texas. Project ZCH2013-0011. Mr. Farmer presented this item. The subject property is located west of Brookshire’s. It is an existing house which was formerly used as a pet grooming business. The request is for a veterinary clinic. The area is to be kept clean of noise and odor nuisances. The PZC approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:57 p.m. As there were no comments, Mayor Hooks closed the Hearing at 6:57 p.m. On the motion of Craig Swancy, second by Heidi Wilder, the Council voted unanimously to approve Ordinance 651-2013-45. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance 652-2013-46 for a Zoning Change from AG Agricultural to R1 Single-Family Residential, for property located at 300, 301, 304, 305, 309, and 313 Lockwood Lane, more generally described as Lots 1-4, Block 1 and Lots 1- 2, Block 2, Lockwood Estates, City of Weatherford, Parker County, Texas. Project ZCH2013- 0012. Mr. Farmer stated that several of these properties were recently voluntarily annexed upon the petition of four homeowners in the Lockwood subdivision. When annexed, property enters the City as AG. In addition to the recently annexed properties, two more lots came into the City previously, but the zoning was never updated. This request is for a zoning change for all six lots from AG to R1. The PZC approved this item at their December 4 meeting. Mayor Hooks opened the Public Hearing at 6:59 p.m. As there were no comments, Mayor Hooks closed the Public Hearing at 6:59 p.m. On the motion of Craig Swancy, second by Heidi Wilder, the Council voted unanimously to approve Ordinance 652-2013-46. Motion carried 5 - 0.
Hold a PUBLIC HEARING and consider approval of Ordinance 653-2013-47 amending Title XII "Zoning" of the City Code of Weatherford by providing for regulations governing the drilling and production of natural gas and/or oil and activities related thereto; amending regulations governing the exploration and extraction of hydrocarbons, sand, gravel, caliche or stone; providing for the approval of natural gas compressor stations as a conditional use in all zoning districts; adopting aesthetics-oriented development criteria and standards for natural gas compressor stations. Project MCA2013-0001. Mr. Farmer presented this request for a text amendment to the City's zoning ordinance. The ordinance was last amended approximately three years ago. City staff and attorneys worked with Mr. Bryn Meredith from the Taylor, Olson, Adkins, Sralla & Elam law firm (TOASE). Their recommendation was that we remove the conditions from Title XII. This ordinance and the one in Title IX are somewhat tied together. The PZC recommended approval. If approved, oil/gas wells will no longer be listed in Title XII of the City Code, but instead in Title IX and the proposed amendments to Title IX will be discussed later in this meeting. Mayor Hooks opened the Public Hearing at 7:03 p.m. Public comments included Bobbie Narramore, 209 West First Street, who asked that for any projects in the City, when they are [...]
Consider a request for a Master Plat of three phases of the Keg-1 Warehouse/Office/Retail Subdivision, located at 549 West B.B. Fielder Road, more generally described as being a ±42.3 acre tract in the A.T. Obenchain Survey A-1033, City of Weatherford, Parker County, Texas. Project SBD2013-0023. Mr. Farmer presented this request. This tract was recently rezoned to commercial with a conditional use permit for a warehouse. The PZC recommended approval subject to the following staff recommendations: Proposed north-south collector road: o The applicant is providing the planned right-of-way width per the past and current Transportation Plan. o The applicant is requesting a waiver to build half the road from B.B. Fielder (through Phase II) to the south property line of Phase I, if final design studies will allow it. When Phase II is developed the full width of the road will be required. o Phase III will extend the road to its southern property line. Proposed east-west collector road: CC 121013 Page 7 of 10 o The applicant is providing the planned right-of-way width per the current Transportation Plan. o There are no requirements to construct the road at this time. The road will be constructed based on future developments to the east and west. City utilities will be extended along and from B.B. Fielder by the developer to serve each phase as they develop. Actual locations will [...]
Consider approval of Ordinance 654-2013-48 amending Title IX, Chapter 9 (Ordinance 82-2004- 25), the oil and gas well regulations of the city, providing for revised regulations governing the drilling and production of oil and gas wells within the city; providing for revised regulations regarding permitting and technical criteria. Project MCA2013-0002. Mr. Farmer presented this item stating that this ordinance clarifies and cleans up new, existing, and newly annexed oil and gas wells. Mr. Farmer introduced Attorney Bryn Meredith of the firm Taylor, Olson, Adkins, Sralla & Elam. Oil and gas development is primarily governed by the City's administrative regulations. Permitting goes through the City Council, which is why the redundant and duplicative requirements were removed from the zoning ordinance earlier in this meeting. Everything is a discretionary process for the Council. Mr. Meredith noted the following substantive changes: 1. This amendment addresses wells annexed into the City, or that were planned to be developed within 90 days prior to annexation, or that preexist the City's drilling regulations. Under state law, those wells have certain vested rights and the City cannot apply the entire ordinance. The City has limited authority and the ordinance requires that a site plan be filed, that insurance be provided, that a security fence be installed around any vested or [...]
Discuss and consider authorizing the City Manager to execute a contract with Lone Star Civil Construction, Inc. for the construction of frontage roads and ramps along IH 20 between Farm to Market Highway 1884 and South Bowie Drive. Terry Hughes presented this item. He stated that on August 20, 2013 the City received bids for the construction of frontage roads and a ramp reversal along I-20 between FM1884 and South Bowie Drive/Old Dennis Road. Staff, Dannenbaum Engineering, and TxDOT recommend awarding the bid to Lone Star Civil Construction, Inc. and authorizing the city manager to execute a contract in the amount of $9,453,089.82. On the motion of Craig Swancy, second by Heidi Wilder, the Council voted unanimously to approve this item. Motion carried 5 - 0.
Discuss and consider adding a second proposition to the May 2014 Charter Amendment Election proposing to allow vacancy in the office of the Mayor or Council to be filled by appointment if less than 12 months remain on the vacated term. City Secretary Malinda Nowell presented this item. Due to voter approval in November 2013 of an amendment to the Texas Constitution, cities with three year terms are now allowed to fill a vacancy in the office of Mayor or Council by appointment if there are 12 months or less remaining on the vacated term. Previously, the Texas Constitution required that we hold a special election within 120 of the vacancy. Possible ballot language was written by the law firm TOASE which has worked with our Charter CC 121013 Page 9 of 10 previously. On the motion of Craig Swancy, second by Heidi Wilder, the Council voted unanimously to approve adding a second proposition in May 2014. Motion carried 5 - 0.
Action on executive session items: To take action, if necessary, pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in section 551.072 - to deliberate the purchase, exchange, lease, or value of real property AND section 551-073 - deliberation regarding prospective gift: being part of Lots 2 and 3, Block 9, VEASEY Subdivision and being located at 214 Prince Avenue. The Council took no action on this item.
Compiled from the city secretary's minutes by the Ledger's extractor, in the minutes' own wording, item by item; the Ledger adds no characterization. Read the minutes for the full record.
Sources: City of Weatherford: council minutes, Dec. 10, 2013 (Granicus); Agenda for this meeting (Granicus); Meeting video (Granicus)