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HomeMy WebLinkAbout2006/02/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 Absent Donavan Wheatfall, District 5 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 7:03 p.m. on Tuesday, February 14, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Reverend Lindsay Churchman, Faith United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On a motion made by Mayor Pro tem Silcox, seconded by Council Member Approval of Davis, the minutes of the regular meeting of February 7, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Council Member Burdette presented a Proclamation for Engineer's Week to Special Ms. Candy Watkins, Vice President of Public Relations, Texas Society of Presentations Professional Engineers-Fort Worth Chapter, and Mr. John P. Wier, President, Fort Worth Branch of the American Society of Civil Engineers. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 2 of 25 Council Member Espino presented a Proclamation for Homelessness Awareness Week. Agenda Item VI Council Member Hicks expressed appreciation to everyone who participated in Announcements the District 8 Advisory Board. She stated that anyone desiring to serve on the board could call her office at (817) 392-8808 or send her an e-mail. She also acknowledged the efforts of her aide, Jinnell Killingsworth, for her expeditious response to citizen concerns. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-21292 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ C-21292 and L-14166 be withdrawn. He advised the Council that M&C L- Withdrawn By 14166 was not reflected on the meeting agenda; however, it was placed in the Staff packet for consideration and would be considered at the February 21, 2006 City Council meeting. Mr. Boswell also recommended that Council move to withdraw Zoning Docket Nos. ZC-05-312, ZC-05-313, and ZC-05-314, all text amendments, until a workshop could be held to discuss the impact the changes would have within the City. Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Zoning Docket Nos. ZC-05-312, ZC-05-313, and ZC-05-314, be withdrawn. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item IX Upon a motion made by Council Member Espino, seconded by Council Consent Agenda Member Haskin, the Council voted eight (8) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and amended as follows: OCS-1537 M&C OCS-1537 - 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-15085 M&C G-15085 — Authorizing payment of closing costs to Alamo Title Pay Closing Costs Company for one General Warranty Deed for a total cost of $2,676.00 (DOE to Alamo Title Co. 4493). for General Warranty Deed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 3 of 25 G-15086 M&C G-15086 — Approving the proposed settlement of all claims for taking a Settlement of permanent water main easement consisting of approximately 241,049 square Claims for feet and a temporary construction easement consisting of approximately Permanent Water 436,642 square feet, described as portion of the Milly Gilbert Survey, Abstract Main and 565, Tarrant County, Texas, owned by the Martha S. Parr Trust 4721 Estate Temporary located north of Western Center Boulevard and west of I-35W in North Fort Construction Worth (DOE 3637); authorizing payment of$200,000.00 to the Martha S. Parr Easements Trust 4721 Estate, with the check made payable to "Martha S. Parr Trust 4721 Estate"; and authorizing the appropriate City representatives to execute the documents necessary to complete the settlement. P-10312 M&C P-10312 — Authorizing a purchase agreement for Cobra Head Street Cobra Head Street Light Luminaries with Dealers Electrical Supply for the Transportation/Public Light Luminaries Works Department based on best value with freight included in unit price and payment due 30 days after receipt of invoice; authorizing this agreement to begin February 14, 2006, and expire February 13, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this award in accordance with the Texas Local Code, 271.102, "Cooperative Purchasing Program". P-10313 M&C P-10313 - Awarding a consulting contract with Mike Pietsch, P.E. Consulting Consulting Services, Inc., to upgrade the City's Insurance Service Organization Contract with rating for a cost not to exceed $39,200.00. Mike Pietsch, P.E. Consulting Services, Inc. P-10314 M&C P-10314 — Authorizing a purchase agreement with Barney's Police Sig Sauer Pistols Supplies to furnish Sig Sauer Pistols for the Police Department based on best value with payment due 30 days after receipt of invoice; authorizing this agreement to begin March 24, 2006, and expire March 23, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 4 of 25 P-10315 M&C P-10315 — Authorizing a purchase agreement for Blue Coat appliances, Blue Coat maintenance and installation from Onix Networking Corporation for the Appliances, Information Technology Solutions Department using a General Services Maintenance and Administration contract at an estimated cost of $70,000.00; and authorizing a Installation one-year maintenance agreement to begin after installation acceptance, with options to renew for two additional one-year periods. P-10316 M&C P-10316 — Authorizing a purchase agreement for concrete manhole Concrete Manhole sections with Hanson Pipe & Products, Inc., for the Water Department based on Sections the sole bid of unit prices, with payment due 30 days after receipt of invoice; and authorizing this agreement to begin February 14, 2006, and expire February 13, 2007, with options to renew for two additional one-year periods. P-10317 M&C P-10317 — Authorizing a sole source maintenance agreement for Agilent Agilent Chemical Chemical Analysis Equipment with Agilent Technologies for the Water Analysis Department for an annual cost of $41,889.93 with payment terms of net 30 Equipment days; and authorizing this agreement to begin February 14, 2006, and to expire December 31, 2006. P-10318 M&C P-10318 —Recommending that the City Council: OEM Capital Controls Sulfur 1. Authorize a purchase agreement for Original Equipment Manufacturer Dioxide and (OEM) Capital Controls sulfur dioxide and chlorine induction units, Chlorine parts and repair service with Hartwell Environmental Corporation for Induction Units, the Water Department based on the sole bid with payment due 30 days Parts and Repair from the date of the invoice, with freight prepaid and added to the Service invoice; a. OEM Capital Controls equipment and parts provided at Manufacturers List Price; b. Labor to repair equipment will be provided at $150.00 per hour; 2. Authorize this agreement to begin February 14, 2006, and expire February 13, 2007, with options to renew for two additional one-year periods; and 3. Authorize 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". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 5 of 25 P-10319 M&C P-10319 — Authorizing purchase agreements with Dell Marketing and Ord. No. 16810- SHI Government Solutions Inc., for the purchase of network hardware, 02-2006 software, training and maintenance for the Information Technology Solutions Network Department at an estimated cost of $692,484.00; and adopting Appropriation Hardware, Ordinance No. 16810-02-2006 increasing estimated receipts and appropriations Software, Training in the Information Systems Capital Project Fund in the amount of$692,484.00 and Maintenance based on a three-year repayment from the Information Systems Fund for the purpose of funding purchase agreements with Dell Marketing and SHI Government Solutions, Inc., for the purchase of network hardware, software, training and maintenance for the Information Technology Solutions Department. P-10320 M&C P-10320 — Authorizing a purchase agreement for security professional Security services with Thoth Solutions, Inc., for the Information Technology Solutions Professional Department for an amount not to exceed $95,000.00. Services P-10321 M&C P-10321 — Authorizing the City Manager to execute an Interlocal Goods and Agreement for the purchase of goods and services between the City of Fort Services Worth and Dallas County. L-14164 M&C L-14164 — Approving the sale of the Lake Worth Lease property Sale of Lake described as a 0.71 acre tract of land known as Lot 1, Block 27 (9604 Heron Worth Lease Drive), to Gospel Assembly Church, Willard H. Bone, Chairman of Trustee's Property current lessee of this lease property; and authorizing the City Manager to execute the appropriate documents to complete the sale. C-21293 M&C C-21293 — Authorizing the City Manager to execute a public right-of- Energy Transfer way use agreement with Energy Transfer Fuel, LP, that grants Energy Transfer Fuel, LP Fuel, LP, 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-21294 M&C C-21294 — Authorizing the City Manager to execute a public right-of- West Fork way use agreement with West Fork Pipeline Company, LP, that grants West Pipeline Company, Fork Pipeline, LP, a license to use certain public rights-of-way of the City of LP Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21295 M&C C-21295 — Authorizing the City Manager to enter into a Consent Citizens National Agreement for awnings with Citizens National Bank authorizing use of the Bank right-of-way for awnings at 2720 West 7th Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 6 of 25 C-21296 M&C C-21296 —Recommending that the City Council: Ord. No. 16811- 02-2006 1. Authorize the transfer of $90,440.07 from the Water and Sewer TranSystems Operating Fund to the Water Capital Projects Fund in the amount of Corporation $50,744.76 and Sewer Capital Projects Fund in the amount of Consultants $39,695.31; 2. Adopt Appropriation Ordinance No. 16811-02-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $50,744.76 and the Sewer Capital Project Fund in the amount of $39,695.31 from available funds for the purpose of funding an engineering agreement with TranSystems Corporation Consultants, for pavement reconstruction and water and sanitary sewer main replacement on Hedrick Street (Premier Street to Chesser Boyer Road), Cindy Drive (Fairview Street to 300 East of Wesley Street), Gay Street (Fossil Drive to Cindy Drive) and Lakeland Street(Chesser Boyer Road to Cindy Drive); and 3. Authorize the City Manager to execute an engineering agreement with TranSystems Corporation Consultants, in the amount of $158,192.00, for pavement reconstruction and water and sanitary sewer main replacement on Hedrick Street (Premier Street to Chesser Boyer Road), Cindy Drive (Fairview Street to 300 East of Wesley Street), Gay Street (Fossil Drive to Cindy Drive) and Lakeland Street(Chesser Boyer Road to Cindy Drive) (City Project No. 00299). C-21297 M&C C-21297 —Recommending that the City Council: Ord. No. 16812- 02-2006 1. Authorize the transfer of $37,981.80 from the Water and Sewer Turner Collie & Operating Fund to the Water Capital Projects Fund in the amount of Braden, Inc. $5,212.00; 2. Adopt Appropriation Ordinance No. 16812-02-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$32,769.80 and the Sewer Capital Projects Fund in the amount of$5,212.00 from available funds for the purpose of funding an engineering agreement with Turner Collie & Braden, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Northwest 22nd Street (Ellis Avenue to Lee Avenue), Northwest 22nd Street (Prospect Avenue to Lincoln Avenue), Northwest 22nd Street (Pearl Avenue to Chestnut Avenue) and Northwest 23rd Street (Ellis Avenue to Clinton Avenue); and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 7 of 25 3. Authorize the City Manager to execute an engineering agreement with Turner Collie & Braden, Inc., in the amount of $106,151.00 for pavement reconstruction and water and sanitary sewer main replacement on Northwest 22nd Street (Ellis Avenue to Lee Avenue), Northwest 22nd Street (Prospect Avenue to Lincoln Avenue), Northwest 22nd Street (Pearl Avenue to Chestnut Avenue) and Northwest 23rd Street(Ellis Avenue to Clinton Avenue) (City Project No. 00289). C-21298 M&C C-21298 —Recommending that the City Council: Ord. No. 16813- 02-2006 1. Authorize the transfer of $798,295.00 from the Water and Sewer McClendon Operating Fund to the Water Capital Projects Fund, in the amount of Construction $168,875.00 and the Sewer Capital Projects Fund in the amount of Company, Inc. $629,420.00; 2. Adopt Appropriation Ordinance No. 16813-02-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $168,875.00 and the Sewer Capital Projects Fund in the amount of $629,420.00 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc., for pavement reconstruction and water and sanitary sewer main replacement on Standish Road (West Seminary Drive to South Cul De Sac), Wilson Lane (West Seminary Drive to South Cul De Sac), Standish Road (Cherokee Trail to West Seminary Drive) and Wilson Lane (Cherokee Trail to West Seminary Drive); and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $1,272,795.00 for pavement reconstruction and water and sanitary sewer main replacement on Standish Road (West Seminary Drive to South Cul De Sac), Wilson Lane (West Seminary Drive to South Cul De Sac), Standish Road (Cherokee Trail to West Seminary Drive) and Wilson Lane (Cherokee Trail to West Seminary Drive) (City Project No. 00017). C-21299 M&C C-21299 —Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 32745 with Intercon Construction Company, 2 to CSC No. Inc., for asbestos abatement services of 33 structures adjacent to Meacham 32745—Intercon International Airport, increasing the contract amount by $31,585.00 to Construction $336,720.00. Company, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 8 of 25 C-21300 M&C C-21300 — Authorizing the City Manager to execute an amendment to Amendment No. 2 the Upper Trinity River Feasibility Study Cost Sharing Agreement with the —North Central North Central Texas Council of Governments and the U.S. Army Corps of Texas Council of Engineers Fort Worth District Office for the Lake Worth Watershed Governments Management Plan to provide for a change in the original scope of services and an increase in the City of Fort Worth's contribution of $24,999.00 to a total cash commitment of$824,599.00. C-21301 M&C C-21301 — Authorizing the City Manager to enter into a Non-exclusive Burlington License Agreement with Burlington Northern Santa Fe Railway Company for a Northern Santa Fe one-time cost of$1,500.00, in order that the City can conduct geotechnical non- Railway Company environmental soil boring tests required for installation of water and sewer lines to support various pipeline crossings at milepost 346.89 (DOE 4617-05-29164). 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 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution endorsing the Woodhaven Neighborhood Res. No. 3311-02- Redevelopment Plan and directing staff to pursue the development through a Endorse 2006 private-public partnership. Woodhaven Neighborhood Council Member Haskin made a motion, seconded by Council Member Davis, Redevelopment that Resolution No. 3311-02-2006 be adopted by amending the seventh Plan "Whereas" statement to add "inclusive" before"...quality...". Wanda Conlin Ms. Wanda Conlin, 1755 Martel Avenue, appeared before Council in opposition of the resolution. She expressed concern that a relocation plan was not made part of the resolution and advised the Council of the problems that were experienced when residents of the Ripley Arnold community were relocated without a relocation plan. She also stated that an impact study was needed to make sure that grocery stores did not leave a community if density was lost. She requested that a relocation plan and an impact study be required and made part of the resolution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 9 of 25 Peter Fletcher Mr. Peter Fletcher, 309 Highwoods Trail, appeared before the Council in opposition of the Woodhaven Development Plan. He expressed concern with the density of the area, relocation of 599 residents, and no recreational activities or facilities mentioned in the redevelopment. The following individuals were represented by Mr. Fletcher as in opposition of the plan and did not address the Council: Ms. Gloria Curtiss Ms. Lorene Skrubacki Ms. Leesa Silver Ms. Cindy Swieter Ms. Dorene Branum Mr. Robbie Burns Ms. Vickey Walters Ms. Fran Chambers Mr. Don Boren Mr. Norman P. Bermes Ms. Sandi Boles-Breaux Paul Hoffman Mr. Paul Hoffman, 6100 Oakland Hills Drive #701, appeared before Council in opposition of the resolution. He stated that he was the property manager for the Casa Villa Apartments and advised the Council that his occupancy rate was at 85 percent. He provided handouts that reflected occupancy rates for other multi-family units in the area. Joe Epps Mr. Joe Epps, 828 Firewheel Trail, representing Woodhaven Community Development, appeared before Council in support of the resolution. He addressed crime and economic challenges faced by the community and the measures they had taken to ensure a safe and livable community. He commended their volunteer force and assured the Council that they would continue to work hard to give the City a neighborhood to be proud of and that would serve as a model for other communities. Lorenzo Evans Mr. Lorenzo Evans, 205 Silverleaf Drive, appeared before Council in support of the resolution. He asked the Council to improve the quality of life in the Woodhaven community and endorse the redevelopment plan. Greg Ricks Mr. Greg Ricks, 720 Oakmont Trail, appeared before Council in support of the Woodhaven Redevelopment Plan. He stated that they had a very diverse community with a lot of pride. He added that the redevelopment would assist residents with owning a home and requested Council's favorable consideration of the resolution. Tammy Pierce Ms. Tammy Pierce, 2617 Weiler, appeared before Council in support of the resolution. She stated that the resolution was not adequate as it did not address CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 10 of 25 a plan for relocation of residents and children. She expressed appreciation to Ms. Wanda Conlin and Mr. Norman Bermes for their work in this redevelopment effort. The following individuals signed speaker cards in support of the Woodhaven Redevelopment Plan but did not wish to address the Council: Ed Stout, Mr. Ed Stout 5609 Oakmont Lane Ray Atherton, Mr. Ray Atherton 601 Oak Hollow Lane Carol Frasure, Ms. Carol E. Frasure 413 Oak Hollow Lane Carl Frasure, Mr. Carl Frasure 413 Oak Hollow Lane Linda Wey, Ms. Linda Wey 300 E. Loop 820 Jeff Childress, Ms. Jeff Childress 909 Oakmont Lane Cindy Dees, Ms. Cindy Dees 909 Oakmont Lane Bill Berry, Mr. Bill Berry 416 Oak Hollow Lane Terry Williams, Mr. Terry Williams 741 Oakwood Trail Michael Click Mr. Michael Click 738 Oakwood Trail Mayor Moncrief and City Council Members Haskin, Davis, Jordan, Espino and Burdette made statements indicating their support of the resolution. The motion carried six (6) ayes to two (2) nays, with Council Member Wheatfall absent, and Mayor Pro tem Silcox and Council Member Hicks casting the descending votes. (Council Member Espino stepped away from the dais.) Recessed/ Mayor Moncrief recessed the meeting at 8:00 p.m. and reconvened at 8:07 p.m. Reconvened with Council Members Espino and Wheatfall absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15087 There was presented Mayor and Council Communication No. G-15087 from Execute the City Manager recommending that the City Council authorize the City Irrevocable Manager to execute an agreement with JPMorganChase Bank for an irrevocable Standby Letter of standby letter of credit up to an aggregate amount of$7,000,000.00, in order to Credit comply with the financial assurance requirement to the Texas Commission on Environmental Quality. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15087 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 11 of 25 L-14162 There was presented Mayor and Council Communication No. L-14162, dated Sale of Tax- February 7, 2006, from the City Manager recommending that the City Council Foreclosed authorize the sale of tax-foreclosed property described as Lot 6, Block 1, Property Brooks & Bailey Subdivision (1320 Alston Avenue)in accordance with Section 34.05 of the Texas Property Code (DOE 920); and the City Manager to execute and record the appropriate document conveying the property to complete the sale. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14162 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. L-14165 There was presented Mayor and Council Communication No. L-14165 from the Sale of Tax- City Manager recommending that the City Council authorize the sale of tax- Foreclosed foreclosed property described as Lot 10, Block 38, Tucker Addition (810 Property Crawford Street) in accordance with Section 34.05 of the Texas Property Code (DOE 920)to Linda H. Claytor for the total amount of$4,006.19; and authorize the City Manager to execute and record the appropriate document conveying the property to complete the sale. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14165 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. PZ-2665 There was presented Mayor and Council Communication No. PZ-2665 from the Joint Res. No. City Manager recommending that the City Council approve a joint resolution 3312-02-2006 and agreement with the City of Rhome whereby the cities of Fort Worth and Land Released Rhome mutually agree on a common boundary for the Extraterritorial from Jurisdiction (ETJ), to release land located in the ETJ of Fort Worth to the City Extraterritorial of Rhome and to accept land released from the ETJ of Rhome to the City of Jurisdiction Fort Worth, promoting orderly growth and development; and authorize the Mayor to execute the joint resolution and agreement. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2665 be approved and Joint Resolution No. 3312-02-2006 be adopted. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 12 of 25 C-21287 There was presented Mayor and Council Communication No. C-21287, dated Don E. Hansen February 7, 2006, from the City Manager recommending that the City Council authorize the City Manager to authorize consent of proposed leasehold improvements on Lease Site 9 South at Fort Worth Meacham International Airport with Don E. Hansen. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21287 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. C-21291 There was presented Mayor and Council Communication No. C-21291, dated Ord. No. 16814- February 7, 2006, from the City Manager recommending that the City Council: 02-2006 Ord. No. 16815- 1. Adopt an appropriation ordinance increasing estimated receipts and 02-2006 appropriations in the Capital Projects Reserve Fund in the amount of Cliff Garten & $500,000.00 from available funds for the purpose of funding a transfer Associates,Inc., to the Specially Funded Capital Projects Fund for Lancaster Corridor d/b/a Cliff Garten public art; Studio 2. Authorize the transfer of $500,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and 3. Authorize the transfer of $500,000.00 from the Street Improvements Fund to the Specially Funded Capital Projects Fund; and 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,000,000.00 from available funds for the purpose of funding Lancaster Corridor public art; 5. Authorize the City Manager to execute a Design Contract with Cliff Garten & Associates, Inc., d/b/a Cliff Garten Studio, for final design development of the proposed "Avenue of Light" public art project for Lancaster Corridor, in an amount not to exceed $250,000.00, to include engineering, lighting specifications (and fabrication of one sculpture to enable artist to finalize lighting specifications), and landscape design; and 6. Authorize the City Manager, upon City approval of the final design, to enter into an Artwork Commission Contract with Cliff Garten & CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 13 of 25 Associates, Inc., d/b/a Cliff Garten Studio, for fabrication and installation of the "Avenue of Light," a series of internally-lit laser cut stainless steel sculptures in the median of Lancaster Avenue, between Lamar and Commerce Street, in an amount not to exceed $1,000,000.00 (when combined with the amount of the Design Contract). City Manager Boswell stated that the last paragraph on page 2 of the M&C needed to be amended reflect approval by the Fort Worth Art Commission as being on February 13, 2006 and not February 6, 2006. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21291 be approved, as amended, and Appropriation Ordinance Nos. 16814-02-2006 and 16815-02- 2006 be adopted. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. C-21292 It was the consensus of the City Council that Mayor and Council BSG Pipeline, Ltd. Communication No. C-21292, Authorize Execution of Public Right-of-Way Use Agreement Granting BSG Pipeline, Ltd., 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, be withdrawn. C-21302 There was presented Mayor and Council Communication No. C-21302 from the Archer Western City Manager recommending that the City Council authorize the City Manager Contractors, Ltd. to execute a contract with Archer Western Contractors, Ltd., in the amount of $1,730,000.00 for the Eagle Mountain Raw Water Intake Improvements. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21302 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. AGENDA ITEM XV—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Council Member Espino returned to his chair at the dais.) Regular Zoning It appeared to the City Council that Resolution No. 3306-01-2006 was adopted Hearing on January 24, 2006, 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 14 of 25 Recorder, the official newspaper of the City of Fort Worth, on January 26, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-096 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Y. Leticia Sanchez Vigil for a change in zoning of property located 2207 and 2211 Ellis Avenue from "PD-107" Planned Development and "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, excluding alcohol sales for on or off premises consumption, and with site plan required, Zoning Docket No. ZC-05-096, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-203 It appeared that the City Council, at its meeting of January 10, 2006, continued Continued Until the hearing of the application of Emerging Properties for a change in zoning of March 21, 2006 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. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Emerging Properties, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-203 be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Haskin asked staff to contact the Keller Independent School District and advise them of the continuation of this zoning case. ZC-05-211 Council Member Haskin made a motion, seconded by Council Member Haskin, SP-05-058 that the application of Pantego Bible Church for a change in zoning of property Approved located at 8201 Sartain Drive from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for senior housing, with site plan required, Zoning Docket No. ZC-05-211 and Site Plan No. SP-05-058, be approved to include the nine points on the limitation list and that all landscaping comply with multi-family landscaping design. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 15 of 25 ZC-05-213 It appeared that the City Council, at its meeting of January 10, 2006, continued Continued Until the hearing of the application of Harish D. Dand for a change in zoning of February 28, 2006 property located at 7950 Calmont Avenue, the 2700 block of Shenandoah Road and the 2600 block of Cherry Lane from "E" Neighborhood Commercial to "A- 5" One-Family Residential, Zoning Docket No. ZC-05-213. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Harish D. Dand, Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-213 be continued until February 28, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-282 Council Member Haskin made a motion, seconded by Council Member Espino, Continued Until that the application of Hunter Ferrell Associates, L.P., for a change in zoning of March 21, 2006 property located in the 3500 block of Valley Vista Drive from "F" General Commercial to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-05-282, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-283 Council Member Jordan made a motion, seconded by Council Member Espino, Approved that the application of Michael Morris and Brad Goff for a change in zoning of property located at 6716 South Hulen Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus animal crematory, with waiver of site plan recommended, Zoning Docket No. ZC-05-283, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-287 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, SP-05-055 that the application of Rankin Highway Ltd., for a change in zoning of property Approved located at 4408 Southwest Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in"I" Light Industrial, with exclusions as indicated below, and with site plan required, Zoning Docket No. ZC-05-287 and Site Plan No. SP-05-055, be approved: Residential uses —All excluded Public and civic uses —All excluded CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 16 of 25 Health care facility uses —All excluded Recreation uses —All excluded Religious uses —All excluded Utility uses —All excluded Entertainment and eating 1. Amusement, outdoor 2. Baseball/softball facility (commercial) 3. Bowling alley 4. Bar, tavern, cocktail lounge: club, private or teen 5. Circus 6. Club, commercial or business 7. Drive-in restaurant or business 8. Gambling facility (including Bingo) 9. Massage therapy 10. Racing; horse, dog or automotive 11. Restaurant, cafe, cafeteria 12. Sexually oriented business 13. Shooting or weapons firing range 14. Stable, commercial, riding, boarding or rodeo arena 15. Swimming pool, commercial 16. Theater, drive-in 17. Theater, movie theater or auditorium Lodging—All excluded Retail sales and service 1. Cold storage plant or ice plant 2. Convenience store 3. Kennel 4. Large retail store 5. Liquor or package store 6. Mortuary or funeral home 7. Optician 8. Pawn shop 9. Pharmacy (drug store) 10. Recording studio Vehicle sales & service 1. Gasoline sales 2. Mobile home or manufactured housing sales CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 17 of 25 3. Service station 4. Truck stop with fuel & accessory services 5. Vehicle junkyard or storage yard Light industrial services 1. Chicken battery or brooder 2. Coal, coke or wood yard 3. Crematorium 4. Electroplating 5. Fabricating or manufacturing housing, temporary or office housing 6. Food processing 7. Galvanizing, small utensils 8. Outdoor sales and storage 9. Paint mixing or spraying Light industrial services 1. Storage yards, building material 2. Yards, contractor's, lumber or storage Transportation —All excluded Waste related —All excluded Auto repair The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-288 It appeared that the City Council, at its meeting of January 10, 2006, continued Approved the hearing of the application of Presidio Vista I, Ltd. for a change in zoning of property located at the northwest corner of I-35 and North Tarrant Parkway from "A-R" One-Family Restricted Residential; "C" Medium Density Multi- Family Residential; "E" Neighborhood Commercial; "G" Intensive Commercial; and "OM" Office Midrise to (Tract 1) "C" Medium Density Multi-Family Residential; (Tract 11) "G" Intensive Commercial, Zoning Docket No. ZC-05-288. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Presidio Vista I, Ltd., Council Member Espino made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 18 of 25 that Zoning Docket No. ZC-05-288 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-289 Council Member Burdette made a motion, seconded by Council Member Davis, SP-05-056 that the application of the Mallick Group for a change in zoning of property Approved located at 3710 Tulsa Way from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "R-2" Townhouse/Cluster Residential, with exclusions as listed below, and with site plan required, Zoning Docket No. ZC-05-289 and Site Plan No. SP-05-056, be approved. Minimum Setbacks: 0 feet for all sides Maximum Height: 3 stories/35 feet Maximum Lots: 12 Density: 17.14 units/acre Parking: 2 spaces per lot(garage) 9 spaces—common areas 8 spaces—public right-of-way Average spaces per lot—3.33 Restricted Uses: Uses restricted to one-family attached (townhouse or rowhouse) and cluster housing only. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-292 Council Member Hicks made a motion, seconded by Council Member Davis, Approved that the application of Agape Holdings for a change in zoning of property located at 650 St. Louis Avenue from "D" High Density Multi-Family Residential to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-05- 292, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-293 Council Member Burdette made a motion, seconded by Council Member Davis, SP-05-057 that the application of the Mallick Group for a change in zoning of property Approved located in the 3700 block of Camp Bowie Boulevard from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial, excluding the following uses: sale of alcohol for on or off premises consumption (except as CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 19 of 25 part of a restaurant), electric power substation, telecommunications tower/antenna, water supply or treatment plant, outdoor amusement, drive-in theater, cold storage plant or ice plant, pawn shops, tattoo parlors or gasoline sales, and with site plan required, Zoning Docket No. ZC-05-293 and Site Plan No. SP-05-057, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-294 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Hillwood Lonestar L.P., and AIL Investment L.P., for a change in zoning of property located at 2650, 2660, 2670 Keller Haslet Road, and the 13390 block of Old Denton Road from "AG" Agricultural to "G" Intensive Commercial, Zoning Docket No. ZC-05-294, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-295 Council Member Davis made a motion, seconded by Council Member Burdette, Approved that the application of Arvind Nana for a change in zoning of property located at 1000 8th Avenue from "D" High Density Multi-Family Residential and "G" Intensive Commercial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-05-295, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-296 Mr. Alfonso Fuentes, 7437 Avington Way, the applicant, appeared before Continued Until Council in support of the zoning change. He was advised by Mayor Moncrief March 21, 2006 that Council Member Jordan would meet with him to discuss the zoning request before action is taken by the Council. Council Member Jordan made a motion, seconded by Council Member Haskin, that the application of Alfonso Fuentes for a change in zoning of property located at 5260 Trail Lake Drive from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus furniture and auto upholstery shop, and with site plan required, Zoning Docket No. ZC-05-296, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-297 Council Member Davis made a motion, seconded by Council Member Espino, Approved that the application of Andrea Thomas for a change in zoning of property located at 1102 Clara Street from "A-5" One-Family Residential to "A-5/HC" One-Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC- 05-297, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 20 of 25 ZC-05-298 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of Patsy L. Cantrell for a change in zoning of property located at 7201 Camp Bowie Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus outdoor farmers market, and with waiver of site plan recommended, Zoning Docket No. ZC-05-298, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-299 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Block TU, Inc., for a change in zoning of property located at 801 and 811 Calhoun Street from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-05-299, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-300 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Josephine M. Meador and Moorman Meador Estate for a change in zoning of property located at 1010 West 10th Street, 1010 Texas Street, and 904 and 908 Lexington Way from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-05-300, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-301 Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, SP-05-059 that the application of Charles Lawhon for a change in zoning of property Continued Until located at 4600 East Loop 820 South from "PD-523" Planned Development to March 21, 2006 "PD/SU" Planned Development/Specific Use for selected uses in "I" Light Industrial as described below, and with site plan required, Zoning Docket No. ZC-05-301 and Site Plan No. SP-05-059, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-303 Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, Denied With that the application of Deeper Life Christian Church for a change in zoning of Prejudice property located at 4433 East Lancaster Avenue from "PD-127" Planned Development to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus auto parts store, and with site plan required, Zoning Docket No. ZC-05-303, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 21 of 25 ZC-05-304 Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of United American Financial, Inc., for a change in zoning of property located in the 13500 block of Oak Grove Road from "AG" Agricultural to "A-43" One-Family Residential, Zoning Docket No. ZC-05- 304, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-305 Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, Continued Until that the application of Newport Contractors, L.L.C., for a change in zoning of March 21, 2006 property located in the 10600 block of Tube Drive from "C" Medium Density Multi-Family Residential to"AG" Agricultural, Zoning Docket No. ZC-05-305, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-306 Council Member Espino made a motion, seconded by Council Member Davis, SP-05-060 that the application of Las Pulgas Bialando Ltd., et al., for a change in zoning of Continued Until property located at 700 North University Drive and 1101, 1115, 1209, 1221 and June 13, 2006 1229 Jacksboro Highway from "B" Two-Family Residential; "F" General Commercial; and "I" Light Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "G" Intensive Commercial, excluding various uses, and with site plan required, Zoning Docket No. ZC-05-306 and Site Plan No. SP-05-060, be continued until June 13, 2006. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-307 Council Member Jordan made a motion, seconded by Council Member Haskin, Continued Until that the application of Louie Ruiz for a change in zoning of property located at March 21, 2006 2401 and 2409 Vaughn Boulevard from "E" Neighborhood Commercial to "F- R" General Commercial Restricted, Zoning Docket No. ZC-05-307, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-308 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, Continued Until that the application of James H. Mulholland for a change in zoning of property March 21, 2006 located at 1310 North Main Street from "J/DD" Medium Industrial/Demolition Delay to "J" Medium Industrial, Zoning Docket No. ZC-05-308, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-309 Council Member Haskin made a motion, seconded by Council Member Espino, Approved that the application of the City of Fort Worth for a change in zoning of property located in the 2200 through 2500 blocks of Dalford Street from "B" Two- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 22 of 25 Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 05-309, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-312 It was the consensus of the City Council that Zoning Docket No. ZC-05-312, Withdrawn Text Amendment: Residential Setbacks, be withdrawn. ZC-05-313 It was the consensus of the City Council that Zoning Docket No. ZC-05-313, Withdrawn Text Amendment: Residential Design, be withdrawn. ZC-05-314 It was the consensus of the City Council that Zoning Docket No. ZC-05-314, Withdrawn Text Amendment: Entry Features and Model Homes, be withdrawn. ZC-06-005 Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, SP-06-002 that the application of TDHB, Inc., for a change in zoning of property located at Continued Until 4217 Pierce Avenue from "B" Two-Family Residential to "PD/SU" Planned March 21, 2006 Development/Specific Use for all uses in "F-R" General Commercial Restricted; plus: contractors facilities office, outside storage of trucks, trailers, materials, vehicles and workshop, with site plan required, Zoning Docket No. ZC-06-005 and Site Plan No. SP-06-002, be continued until March 21, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-007 Council Member Burdette made a motion, seconded by Council Member Approved Jordan, that the application of Knoche, L.P., for a change in zoning of property located at 4949 Bryant Irvin Road North from "E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for a dance studio, with no alcohol sales for on or off premises consumption, and with waiver of site plan recommended, Zoning Docket No. ZC-06-007, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-008 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 16816- Docket No. ZC-06-008, Text Amendment for the appeals process for the 02-2006 Downtown Design Review Board. Mayor Moncrief opened the public hearing Text Amendment and asked if there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 008, be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 23 of 25 ORDINANCE NO. 16816-02-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 4.1200 OF SUBSECTION I, "APPEAL" TO ADD PARAGRAPH 2 TO PROVIDE THAT AN APPEAL FROM THE DOWNTOWN DESIGN REVIEW BOARD SHALL BE HEARD BY THE APPEALS BOARD AND TO PROVIDE FOR THE RECORD FOR THE APPEAL AND CONSIDERATION OF THE APPEAL BY THE APPEALS BOARD AND TO PROVIDE THAT A HEARING BEFORE THE APPEALS BOARD EXHAUSTS THE ADMINISTRATIVE REMEDIES OF THE PROPERTY OWNER/APPELLANT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-009 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 16817- Docket No. ZC-06-009, Text Amendment for the appeals process for the 02-2006 Historic and Cultural Landmarks Commission. Mayor Moncrief opened the Text Amendment public hearing and asked if there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed, Zoning Docket No. ZC- 06-009, be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 24 of 25 ORDINANCE NO. 16817-02-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTION 4.510 OF SUBSECTION A, "APPEAL; PENALTIES" TO PROVIDE THAT AN APPEAL FROM THE HISTORIC AND CULTURAL LANDMARKS COMMISSION SHALL BE HEARD BY THE APPEALS BOARD AND TO AMEND PARAGRAPH A.2 TO PROVIDE FOR THE RECORD FOR THE APPEAL AND CONSIDERATION OF THE APPEAL BY THE APPEALS BOARD AND TO ADD PARAGRAPH A.3. TO PROVIDE THAT A HEARING BEFORE THE APPEALS BOARD EXHAUSTS THE ADMINISTRATIVE REMEDIES OF THE PROPERTY OWNER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. 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 Davis made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 14, 2006 PAGE 25 of 25 ORDINANCE NO. 16818-02-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Item XV Dr. S. Gopal Raju, 4508 Chris Drive, Keller, Texas, appeared before the Citizen Council relative to the dangers of smoking. He also requested the Council's Presentations assistance to sign a petition to acquire his medical license for the State of S. Gopal Raju Texas. Agenda Item XVII There being no further business,the meeting was adjourned at 8:33 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 21St day of February, 2006. Attest: Approved: r Marty He rix Michael J. Moncr'ef City Secretary Mayor