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HomeMy WebLinkAbout2004/01/13-Minutes-City Council CITY COUNCIL MEETING JANUARY 13, 2004 Date & Time On the 13th day of January, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Associate Pastor Reginald Andrews, Shiloh Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of January 6, 2004, were approved unanimously. Special Council Member Picht presented a Proclamation for North Crowley Presentations High School Panther Football Day. Announcements Mayor Moncrief recognized Mr. Brian Eppstein in the audience who accompanied several Boy Scouts from Troop Nos. 144, 250, 326, 350, and 434. The Boy Scouts attended the Council meeting as part of their requirement to earn their Citizenship in the Community Badge. Mayor Pro tempore McCloud presented each of them with a City pin. Council Member Picht announced that a parade would take place January 17, 2004 to honor the North Crowley High School Football team, state championship winners. Council Member Haskin congratulated the Heritage Church of Christ on the dedication of their new facility January 10, 2004. Mayor Pro tempore McCloud announced the following events in honor of Dr. Martin Luther King, Jr. to be held at City Hall and the Fort Worth Convention Center: a. January 16, 2004: City Hall Celebration at 12:00 Noon in the City Council Chamber b. January 16, 2004: Scholarship Awards Banquet. Reception, silent auction and vendor exhibits, 6:00 p.m.; banquet 7:00 p.m. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 2 of 37 c. January 18, 2004: MLK Gospel Celebration, 7:00 p.m. d. January 19, 2004: MLK Parade/March/Rally, 11:00 a.m., east side of Convention Center Mayor Moncrief announced that the Fort Worth Stock Show would be held January 17, 2004 through February 8, 2004 and the parade would kick off the stock show at 11:00 a.m. Saturday, January 17, 2004. He encouraged City employees to dress in western wear on Fridays throughout the stock show period and invited everyone to attend the festivities. Consent On motion of Mayor Pro tempore McCloud, seconded by Council Agenda Member Davis, the consent agenda was adopted unanimously. Appointments Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, to appoint Margaret V. Taylor to the Building Standards Commission, effective January 13, 2004, with a term expiring September 30, 2005, and reappoint Robert E. Haubold to the Golf Advisory Committee effective January 13, 2004. The motion carried unanimously. Council Member Moss made a motion, seconded by Council Member Davis, to reappoint Elvin E. Bennett to the Golf Advisory Committee, effective January 13, 2004. The motion carried unanimously. Council Member Haskin stated that the Government and Neighborhood Relations Committee was accepting applications for the City Plan Commission's two vacant alternate positions and the Human Relations Commission's one vacant position. She encouraged Council Members to submit names for appointments and stated that anyone interested in these commissions could apply. Council Member Haskin made a motion, seconded by Council Member Davis, to appoint Amy Helling to Place 4 on the City Zoning Commission, effective January 13, 2004 and with a term expiring October 1, 2004. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 3 of 37 Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, to reappoint Ronald R. Norman to the Golf Advisory Committee, effective January 13, 2004. The motion carried unanimously. C.P. #236 There was presented Council Proposal No. 236 proposing that the Designate Lake City Council authorize the City Manager to prepare a resolution and Arlington as ordinance to designate the Lake Arlington area as a Neighborhood Neighborhood Empowerment Zone (NEZ) and Reinvestment Zone; and schedule a Empowerment City Council Agenda item for January 27, 2004 to designate the Zone and Lake Arlington area as a NEZ and Reinvestment Zone. Council Reinvestment Member Moss made a motion, seconded by Council Member Silcox, Zone that the recommendation be adopted. The motion carried unanimously. OCS-1393 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1393 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows. PARKWAY CONTRACTOR INSURANCE COMPANY Allison-Broyles Contractors RLI Insurance Company George Arellana Western Surety Company Lee Clay Company Western Surety Company Jasso Concrete Western Surety Company CSA Concrete, Inc. North American Specialty Insurance Company Diego Gomez d/b/a Diego Gomez Construction Western Surety Company First Texas Homes, Inc. Western Surety Company Victor Garcia RLI Surety Kevin Dean Asphalt Technology, Inc. Washington International Insurance Company Llewellyn Companies, Inc., d/b/a J-N-T Concrete Merchants Bonding Company(Mutual) Jessie Maberry Western Surety Company Francisco P. Mares Merchants Bonding Co. Felipe Martinez Merchants Bonding Co. Master Concrete Company, Inc. Western Surety Company Gabreil Perez RLI Insurance Company Perez Concrete, Inc. Old Republic Surety Co. Clint Brashier d/b/a Red Ryder Services RLI Insurance Company Reliable Paving, Inc. Merchants Bonding Co. RJ Construction CNA/Western Surety Co. Mike Romo d/b/a Mr. Concrete Construction Western Surety Company Michael P. Ross RLI Insurance Company S&W Construction RLI Insurance Company Site Concrete, Inc. Hartford Casualty Insurance Company CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 4 of 37 Snap Construction Services, LP Insurors Indemnity Co. Stabile&Winn, Inc. Washington International Insurance Company T&D Construction Western Surety Company Tate Cement Contractor Western Surety Company Texstar Telecommunications, Inc. RLI Insurance Company Adrian Veliz RLI Surety Woodhaven Partners, Ltd. Western Surety Company Charles Woodson RLI Surety It was the consensus of the City Council that the recommendation be adopted. OCS-1394 There was presented Mayor and Council Communication No. OCS-1394 Claims from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14217 There was presented Mayor and Council Communication No. G- Res. #3031 14217 from the City Manager recommending that the City Council: Employment of Outside 1. Authorize the City Manager to retain Donald Buckman as Counsel to outside counsel and special prosecutor, pursuant to Chapter Represent State VI, Section 3 of the City Charter, in representing the State of of Texas in Texas in the cause of action entitled State of Texas vs. Cause of Action Sherman Baxter; and Entitled State of 2. Adopt Resolution No. 3031 fixing in advance, as far as Texas vs. practicable, the amount to be paid to Donald Buckman, in an Sherman Baxter amount not exceed $7,500.00. It was the consensus of the City Council that the recommendation be adopted. G-14218 There was presented Mayor and Council Communication No. G- Ord. #15818 14218 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15818 adopted by the City Council of the City 3 of Code of of Fort Worth, Texas, pursuant to V.T.C.A., Transportation Code, Rules & Chapter 22, Subchapter D, approving Resolution No. 2003-12-386 of Regulations of the Dallas-Fort Worth International Airport Board which amends Dallas-Fort Chapter 3 of the Dallas-Fort Worth International Airport Board Code Worth of Rules and Regulations by authorizing the administrator, as International defined by Section 1-4 of Chapter 5 of the Code of Rules and Airport Board for Regulations of the Airport Board, to establish changes for badge Badge Holders & holders and badge sponsors as required by security mandates Badge Sponsors enacted after 9-11-01. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 5 of 37 G-14219 There was presented Mayor and Council Communication No. G- Ord. #15819 14219 from the City Manager recommending that the City Council: SuperShuttle 1. Consider and the adopt the findings and opinions of City staff DFW as presented herein; and Corporation to Operate One 2. Find that the public necessity and convenience require the Hundred operation of one hundred (100) shuttles upon City streets, Shuttles within alleys and thoroughfares; and City 3. Adopt Ordinance No. 15819 granting to SuperShuttle DFW Corporation the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its shuttle business, which shall consist of the operation of one hundred shuttles for a period beginning on January 23, 2004, and ending on January 22, 2008; specifying the terms and conditions of the grant; providing for written acceptance by SuperShuttle DFW Corporation; and such ordinance being subject to and conditioned upon SuperShuttle DFW Corporation complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. G-14220 There was presented Mayor and Council Communication No. G- Designate 14220 from the City Manager recommending that the City Council Authorized authorize the City Manager to designate an Assistant City Manager Official for as the Authorized Official for the Diamond Hill Connection After- Texas Criminal School Program grant from the Office of the Governor, Criminal Justice Division Justice Division. It was the consensus of the City Council that the Grants recommendation be adopted. G-14221 There was presented Mayor and Council Communication No. G- Ord. #15820 14221 from the City Manager recommending that the City Council: Ord. #15821 Res. #3032 1. Authorize the City Manager to apply for and accept, if awarded, 2004 Texas Parks& up to $2,000,000.00 from the Texas Parks and Wildlife Wildlife Regional Department for the development of recreational facilities and Park Grant, Funds ecosystem restoration in the area of the Trinity River Oxbow at from Streams& y y Valleys, Inc., Gateway Park; and Tarrant Regional 2. Adopt Appropriation Ordinance No. 15820 increasing estimated Water District, & Interlocal receipts and appropriations in the Capital Projects Reserve Agreement with Fund in the amount of $164,984.00 from available funds for the Tarrant County for purpose of funding the City's matching portion of a grant from Construction of the Texas Parks and Wildlife Department for the Development Park Rd & Parking of Recreational Facilities and Ecosystem Restoration in the Lots area of the Gateway Park Trinity River Oxbow; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 6 of 37 3. Approve the transfer of $818,725.00 from the Park and Recreation Improvements Projects Fund, $253,791.00 from the Community Development Block Grant Fund, and $164,984.00 from the Capital Projects Reserve Fund as the City's matching portion of this grant; and 4. Authorize the City Manager to accept $25,000.00 from Streams and Valleys, Inc. as part of the local private sector participation in the match; and 5. Authorize the City Manager to accept $1,237,500.00 from the Tarrant Regional Water District as part of the matching funds for this project; and 6. Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for construction of a park road and parking lots in the Oxbow area; and 7. Adopt Appropriation Ordinance No. 15821 increasing estimated receipts and appropriations in the Grants Fund in the amount of $4,500,000.00 contingent upon receipt of a grant from the Texas Parks and Wildlife Department for the purpose of funding the development of Recreational Facilities and Ecosystem Restoration in the area of the Gateway Park Trinity River Oxbow; and 8. Approve Resolution No. 3032 designating officials as being responsible for the applicant in dealing with the Texas Parks and Wildlife Department, for the purpose of participating in the Texas Recreation and Parks Account Regional Grants Program; certifying that the applicant is eligible to receive program assistance; certifying that the applicant's matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on designation of Trinity Park Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 7 of 37 Mr. Elizee Michel, representing the Housing Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14222 as follows: G-14222 There was presented Mayor and Council Communication No. G- Continued Until 14222 from the City Manager recommending that the City Council: January 27, 2004 1. Adopt a resolution to designate the Trinity Park Area as a Neighborhood Empowerment Zone (NEZ); and 2. Hold a public hearing concerning the designation of the Trinity Park area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 15; and 3. Adopt an ordinance designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 15, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. Phillip Poole Mr. Phillip Poole, 2918 Wingate, appeared before Council regarding this issue and requested a two-week delay to review the revised language of Mayor and Council Communication No. G-14222. There being no one else present desiring to be heard in the public hearing concerning the designation of Trinity Park Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Davis made a motion, seconded by Council Member Haskin, that the public hearing be continued until January 27, 2004. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on designation of the West 7t" Street/University Drive Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Elizee Michel, representing the Housing Department, appeared before Council, gave a staff report, requested the public hearing be continued until January 27, 2004, and called attention to Mayor and Council Communication No. G-14223 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 8 of 37 G-14223 There was presented Mayor and Council Communication No. G- Continued Until 14223 from the City Manager recommending that the City Council: January 27, 2004 1. Adopt a resolution to designate the West 7th Street/University Area as a Neighborhood Empowerment Zone (NEZ); and 2. Hold a public hearing concerning the designation of the West 7th Street/University Drive area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 14; and 3. Adopt an ordinance designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 14, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in the public hearing concerning the designation of the West 7th Street/ University Drive Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Stevenson made a motion, seconded by Council Member Davis, that the public hearing be continued until January 27, 2004. The motion carried unanimously. Mayor Pro tempore McCloud excused himself from the table at this time. G-14224 There was presented Mayor and Council Communication No. G- Ord. #15822 14224 from the City Manager recommending that the City Council Amending adopt Ordinance No. 15822 amending Chapter 6 of the Code of the Chapter 6 of City of Fort Worth, "Animals and Fowl", Section 6-3 to allow for City Code, employment of animal cruelty investigators, and Section 6-65, "Animals & dealing with the "Proper Care of Animals"; requiring adequate Fowl" shelter for animals. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on amendments to the Neighborhood and Community Park Dedication Policy. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 9 of 37 Mr. Susan White, representing the Parks and Community Services Department, appeared before Council, gave a staff report, requested the public hearing be continued until January 27, 2004, and called attention to Mayor and Council Communication No. G- 14225 as follows: G-14225 There was presented Mayor and Council Communication No. G- Continued Until 14225 from the City Manager recommending that the City Council January 27, conduct a public hearing on the Neighborhood and Community 2004 Park Dedication Policy as revised. There being no one present desiring to be heard in the public hearing concerning the amendments to the Neighborhood and Community Park Dedication Policy, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be continued until January 27, 2004. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on amendments to the City Plan Commission Rules and Regulations and Master Thoroughfare Plan Roadway Standards. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christa Sharpe, representing the Transportation and Public Works Department, appeared before Council, gave a staff report, requested the public hearing be continued until January 27, 2004, and called attention to Mayor and Council Communication No. G- 14226 as follows: G-14226 There was presented Mayor and Council Communication No. G- Continued Until 14226 from the City Manager recommending that the City Council January 27, hold a public hearing on the amendments to the City Plan 2004 Commission Rules and Regulations and Master Thoroughfare Plan Street Development Standards that were endorsed by the City Plan Commission on November 21, 2003. There being no one else present desiring to be heard in the public hearing concerning the amendments to the City Plan Commission Rules and Regulations and Master Thoroughfare Plan Roadway Standards, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be continued until January 27, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 10 of 37 Public Hearing It appeared that the City Council set today as the date for a public hearing on amendments to the City Plan Commission Rules and Regulations Concerning Subdivision Plat Applications. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, requested the public hearing be continued until January 27, 2004, and called attention to Mayor and Council Communication No. G-14227 as follows: G-14227 There was presented Mayor and Council Communication No. G- Continued Until 14227 from the City Manager recommending that the City Council January 27, hold a public hearing on proposed amendments to the City Plan 2004 Commission's Rules and Regulations concerning the submittal of plats, which were recommended by the Development Standards Task Force and endorsed by the Plan Commission. There being no one present desiring to be heard in the public hearing concerning the amendments to the City Plan Commission Rules and Regulations Concerning Subdivision Plat Applications, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the public hearing be continued until January 27, 2004. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on amendments to the Subdivision Ordinance, Policy for Installation of Community Facilities, and the City Code. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Christa Sharpe, representing the Transportation/Public Works Department, appeared before Council, gave a staff report, requested the public hearing be continued until January 27, 2004, and called attention to Mayor and Council Communication No. G- 14228 as follows: G-14228 There was presented Mayor and Council Communication No. G- Continued Until 14228 from the City Manager recommending that the City Council January 27, conduct a public hearing on amendments to the Subdivision 2004 Ordinance, Policy for Installation of Community Facilities, and the City Code proposed by the Development Standards Task Force, as well as the associated recommendations made by the City Plan Commission on December 19, 2003. Text amendments are included. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 11 of 37 There being no one present desiring to be heard in the public hearing concerning the amendments to the Subdivision Ordinance, Policy for Installation of Community Facilities, and the City Code, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be continued until January 27, 2004. The motion carried unanimously. P-9900 There was presented Mayor and Council Communication No. P- Waste Disposal 9900 from the City Manager recommending that the City Council: Services 1. Authorize a purchase agreement to provide waster disposal services with Waste Management for the Water Department, based on the low bid meeting specifications, with payment terms of net 30 days; and 2. Authorize this agreement to begin January 13, 2004, and expire January 12, 2005; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entitles to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-9901 There was presented Mayor and Council Communication No. P- Lab Supplies & 9901 from the City Manager recommending that the City Council: Replacement Parts 1. Authorize a purchase agreement with Hach Company to provide lab supplies and replacement parts for Hach equipment for the Water Department based on the sole source bid of manufacturer's list prices. The shipping cost will be prepaid and added to the invoice, with payment due 30 days from the date of the invoice; and 2. Authorize this agreement to begin January 13, 2004, and expire January 12, 2005, with options to renew for two additional one—year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 12 of 37 L-13739 There was presented Mayor and Council Communication No. L- Vacant Lots & 13739 from the City Manager recommending that the City Council: Single-Family Residential 1. Authorize the acquisition of two vacant lots and three single- Properties family residences located on the west side of Fort Worth in conjunction with the Fort Worth Meacham International Airport Noise Mitigation Program (DOE 3932); and 2. Find that the prices offered in the total amount of $162,760.00 is just compensation for the acquisition of the five properties plus an estimated real estate tax-prorated amount not to exceed $12,000.00 for a total cost of$174,760.00; and 3. Authorize the acceptance and recording of appropriate instruments It was the consensus of the City Council that the recommendation be adopted. L-13740 There was presented Mayor and Council Communication No. L- Sale of City- 13740 from the City Manager recommending that the City Council: Owned Tax Foreclosed 1. Approve the sale of the surplus tax foreclosed properties Properties located at 3007 Columbus Avenue and 4105 Knox Street in accordance with Section 272.001 of the Texas Local Government Code for a total of$2,526.00; and 2. Authorize the City Manager to execute the appropriate deeds conveying the property to the highest bidder complying with the bid specifications and requirements. It was the consensus of the City Council that the recommendation be adopted. PZ-2515 There was presented Mayor and Council Communication No. PZ- Res. #3033 2515, dated December 16, 2003, from the City Manager Closing a recommending that the City Council approve Resolution No. 3033 Portion of closing a portion of Collinwood Avenue between the northeast Collinwood corner of Lot 15, Block 68, and the southeast corner of Lot 26, Avenue Block 40, of the Chamberlain Arlington Heights Addition located (VA-03-024) along the west right-of-way line of the north-south alley, at its intersection with the easterly terminus of Collinwood Avenue. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 13 of 37 Luis Galindo Mr. Luis Galindo, 306 W. 7t" Street Suite 600, representing the landowner, appeared before Council in opposition of this issue. He requested Council refer this issue back to the City Zoning Commission for consideration of alternate proposals to clarify the residents addresses and provide access to Collinwood Avenue from Western Street. The following individuals appeared before Council in support of this issue: D.P. Hooper, Mr. D. P. Hooper 4618 Collinwood Ave. Charles Adams, Mr. Charles Adams 4613 Collinwood Ave. Victoria Claire, Ms. Victoria Claire 4529 Collinwood Ave. Cynthia Ms. Cynthia Alderman 4533 Collinwood Ave. Alderman, Mr. John Cordell 4512 Collinwood Ave. John Cordell Fred Mallick Mr. Fred Mallick, 5697 Westcreek' owner of the property, appeared before Council in opposition of this issue. He stated that he did not believe addresses could be moved to Western Street and that access to Collinwood from Western Street was not feasible. After a lengthy Council discussion, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Mayor Pro tempore McCloud PZ-2516 There was presented Mayor and Council Communication No. PZ- Timetable for 2516, dated January 6, 2004, from the City Manager recommending Proposed that the City Council: Voluntary Annexation of 1. Approve the annexation timetable in order to annex the area Approximately 105 containing 105.1 aces of land located north of Park Drive, south Acres of Land of Bonds Ranch Road, east of Boat Club Road, and west of Located North of Business Highway 287 in Tarrant County, Texas (Lago Vista at Park Drive, South of Bonds Ranch Bonds Ranch) (Annexation Case No. AX-04-01) in compliance Rd., East of Boat with the requirements of Chapter 43 of the Local Government Club Rd., &West of code of the State of Texas; and Business Highway 287(Annexation 2. Direct staff to prepare a service plan that provides for the Case No. extension of full municipal services to the annexation area. AX-04-01) CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 14 of 37 Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2518 There was presented Mayor and Council Communication No. PZ- Amend 2518 from the City Manager recommending that the City Council Regulatory Plan amend the regulatory plan for the limited purpose annexation of for Limited approximately 7,744 acres located west of IH-35 and north and Purpose south of US Highway 287 (287 Zone) (Annexation Case No. AX-02- Annexation of 0009) in order to exempt parcels of five acres or greater from 287 Zone platting requirements, provided each parcel has access and no (Annexation public improvements is being dedicated, and to clarify that the Case No. City's subdivision regulations apply in the area. It was the AX-02-0009) consensus of the City Council that the recommendation be adopted. PZ-2519 There was presented Mayor and Council Communication No. PZ- Amend 2519 from the City Manager recommending that the City Council Regulatory Plan adopt the regulatory plan for the limited purpose annexation of for Limited approximately 1,238 acres located north and east of Boat Club Purpose Road and south of Bonds Ranch (Eagle Mountain 8W and 10) Annexation of (Annexation Case No. AX-02-0008) in order to exempt parcels of five Eagle Mountain acres or greater from platting requirements, provided each parcel 8W and 10 has access and no public improvement is being dedicated, and to (Annexation clarify that the City's subdivision regulations apply in the area. It Case No. was the consensus of the City Council that the recommendation be AX-02-0008) adopted. C-19926 There was presented Mayor and Council Communication No. C- Res. #3034 19926 from the City Manager recommending that the City Council: Denton County, Texas 1. Approve Resolution No. 3034 approving Interlocal Agreement with Denton County, Texas to establish a set of consolidated subdivision regulations and to establish one office at the Fort Worth City Hall to accept plat applications, collect fees, and provide applicants one response indicating approval or denial of plat applications for regulation of subdivision plats and approval of related permits in the City's extraterritorial jurisdiction; and 2. Authorize the City Manager or his designee to execute the agreement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 15 of 37 C-19927 There was presented Mayor and Council Communication No. C- Sundance West 19927 from the City Manager recommending that the City Council Partners, L.P. authorize the City Manager to enter into a consent agreement with Sundance West Partners, L.P. authorizing use of the right-of-way for installation of a new awning/canopy and sign at a 404 Houston Street. It was the consensus of the City Council that the recommendation be adopted. C-19928 There was presented Mayor and Council Communication No. C- Trinity Bank, 19928 from the City Manager recommending that the City Council N.A. authorize the City Manager to enter into a consent agreement with Trinity Bank, N.A. authorizing use of the right-of-way for installation of a 48-inch steel culvert to contain a vacuum tube under the alley at 3500 West Vickery Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-19929 There was presented Mayor and Council Communication No. C- Presidio Vista I, 19929 from the City Manager recommending that the City Council: Ltd. 1. Authorize the City Manager to execute the Advance Funding Agreement accepting $15,000.00 from Presidio Vista I, Ltd. For the Texas Department of Transportation's (TxDOT) review of schematic design plans for North Tarrant Parkway from IH-35W to US287; and 2. Authorize the City Manager to execute the Local Project Advance Funding Agreement with TxDOT in the amount of $15,000.00 for review of the schematic design plans for North Tarrant Parkway from IH-35W to US287; and 3. Authorize payment to TxDOT in the amount of $15,000.00 for review of the schematic design plans for the project. It was the consensus of the City Council that the recommendation be adopted. C-19930 There was presented Mayor and Council Communication No. C- Conatser 19930 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute Change Order No. 1 to City Inc. Secretary Contract No. 28373 with Conatser Construction, Inc. in the amount of $53,680.00 to provide for increased and additional pay item quantities, thereby increasing the contract amount to $1,379,855.20. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 16 of 37 C-19931 There was presented Mayor and Council Communication No. C- Ord. #15823 19931 from the City Manager recommending that the City Council: DeOtte, Inc. 1. Authorize the transfer of $100,815.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $48,296.63, and the Sewer Capital Project Fund in the amount of $52,518.37 from available funds; and 2. Adopt Appropriation Ordinance No. 15823 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $48,296.63 and the Sewer Capital Project Fund in the amount of $52,518.37 from available funds, for the purpose funding an Engineering Agreement with DeOtte, Inc. for Water and Sanitary Sewer Main Replacement Contract 2003 WSM-G; and 3. Authorize the City Manager to execute an engineering agreement with DeOtte, Inc. in the amount of $95,815.00 for Water and Sewer Main Replacement Contract 2003 WSM-G. It was the consensus of the City Council that the recommendation be adopted. C-19932 There was presented Mayor and Council Communication No. C- S.J. Louis 19932 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute Change Order No. 1 to City Texas Ltd., LLP Secretary Contract No. 29045 with S.J. Construction of Texas Ltd., LLP in the amount of $78,227.94 to provide for additional pay item quantities, thereby increasing the contract amount to $8,717,480.41 for Northside II Water Main Extension Phase II, Units 1, 2, and 3. It was the consensus of the City Council that the recommendation be adopted. C-19933 There was presented Mayor and Council Communication No. C- T-Mobile 19933 from the City Manager recommending that the City Council authorize the City Manager to execute a license agreement with T- Mobile for installation and operation of personal communications systems equipment on the Eastwood Water Tower. It was the consensus of the City Council that the recommendation be adopted. Council Member Stevenson excused himself from the table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 17 of 37 C-19934 There was presented Mayor and Council Communication No. C- Delayed Until 19934 from the City Manager recommending that the City Council: Later on Agenda 1. Approve a five-year Municipal Property Tax Abatement for three real properties, owned by Courtney Homes, Inc., and located in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Courtney Homes, Inc. are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Courtney Homes, Inc. for each of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Moncrief stated that this issue would be delayed until later on the agenda. ZC-03-257 It appeared that the City Council, at its meeting of December 16, SP-03-038 2003, continued the hearing of the application of Corrigan Continued Until Properties, Inc. for a change in zoning of property located at 5000 February 10, South Hulen Street from "F" General Commercial to "PD/SU" 2004 Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus indoor amusement facilities and retail sales and service of automobile electronic parts. No automobile sales lots, repair service or rental facilities, Zoning Docket No. ZC-02-257 and Site Plan No. SP-03-038. Mayor Moncrief 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 Corrigan Properties, Inc., Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Docket No. ZC-03-257 and Site Plan SP-03-038 be continued until February 10, 2004. The motion carried unanimously. Council Member Stevenson assumed his chair. Regular Zoning It appeared to the City Council that Resolution No. 3021 was Hearing adopted on December 16, 2003 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 December 23, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 18 of 37 ZC-03-260 Council Member Davis stated that the City Zoning Commission SP-03-048 placed a condition on the site plan that the zoning be subject to no Approved loud speakers or alcohol sales for on or off premises consumption. She added that this was an operational issue and not appropriate to have on the site plan as a restriction. She made a motion, seconded by Council Member Silcox, that the application of Raul Lomeli for a change in zoning of property located at 805 West Seminary Drive from "B" Two-Family to "PD/SU" Planned Development/Specific Use for restaurant that may operate no later than 10:00 p.m. on weekdays and 11:00 p.m. on Friday and Saturday, Zoning Docket No. ZC-03-260 and Site Plan No. SP-03- 048, be amended by removing the stated restriction from the site plan to the "PD/SU" Planned Development/Specific Use zoning category. The motion carried unanimously. ZC-03-266A It appeared that the City Council set today as the date for a hearing Ord. #15824 for Zoning Docket No. ZC-03-266A, Text Amendment allowing staff Text approval of variance requests that are the lesser of ten percent of a Amendment specification or one linear/square foot. Mayor Moncrief asked if Approved there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266A be approved and that the following ordinance be adopted. ORDINANCE NO. 15824 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 3.400, OF ARTICLE 4 "VARIANCES" TO PERMIT ADMINISTRATIVE VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-266D It appeared that the City Council set today as the date for a hearing Ord. #15825 for Zoning Docket No. ZC-03-266D, Text Amendment regulating Text location, bufferyard, screening fence and irrigation requirements Amendment for model homes and sales offices. Mayor Moncrief asked if there Approved was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 19 of 37 There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266D be approved and that the following ordinance be adopted. ORDINANCE NO. 15825 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 5.403 TO ALLOW MODEL HOMES AND SALES TRAILERS BY RIGHT WITHIN 300 FEET OF AN ARTERIAL OR WIDER STREET AND TO REQUIRE BUFFERYARD, SCREENING AND IRRIGATION; AMEND SECTION 5.405 TO ALLOW ONE SALES AND ONE CONSTRUCTION TRAILER, ELIMINATE THE 300 FOOT REQUIREMENT FOR SALES TRAILERS AND REQUIRE BUFFERYARD, SCREENING AND LANSCAPING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-266E It appeared that the City Council set today as the date for a hearing Ord. #15826 for Zoning Docket No. ZC-03-266E, Text Amendment amending Text setback requirements and deleting setback averaging Amendment requirements. Mayor Moncrief asked if there was anyone present Approved desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266E be approved and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 20 of 37 ORDINANCE NO. 15826 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, AMEND SECTION 6.101 "YARDS" TO DELETE SETBACK AVERAGING, ESTABLISH NEW FRONT YEARD SETBACKS AND TO ADD A NEW SUBSECTION TO ADDRESS REAR FRONTAGE SETBACKS OF THROUGH LOTS; AMEND REAR YARD STANDARDS FOR REAR FRONTAGE LOTS ON ARTERIAL OR WIDER STREETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-266F It appeared that the City Council set today as the date for a hearing Ord. #15827 for Zoning Docket No. ZC-03-266F, Text Amendment requiring a six- Text foot fence and bufferyard for auxiliary parking lots adjacent to Amendment residential districts. Mayor Moncrief asked if there was anyone Approved present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266F be approved and that the following ordinance be adopted. ORDINANCE NO. 15827 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, AMEND 6.202 TO REQUIRE A SIX FOOT FENCE AND AMEND SECTION 5.304 TO REQUIRE A BUFFERYARD FOR AUXILIARY PARKING NEXT TO A RESIDENTIAL DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 21 of 37 ZC-03-266G It appeared that the City Council set today as the date for a hearing Ord. #15828 for Zoning Docket No. ZC-03-266G, Text Amendment exempting Text temporary building, certain building additions and utility facilities Amendment from bufferyard, screening fence and irrigation requirements and Approved waiving screening fence and irrigation requirements adjacent to 30- foot grass bufferyard. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266G be approved and that the following ordinance be adopted. ORDINANCE NO. 15828 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 6.300 TO CREATE AN EXCEPTION TO THE BUFFERYARD, SCREENING FENCE AND IRRIGATION REQUIREMENTS FOR TEMPORARY BUILDINGS, ADDITIONS LESS THAN 3000 SQUARE FEET, AND UTILITY FACILITIES AND IN ALL DISTRICTS EXCEPT INDUSTRIAL DISTRICTS, TO PROVIDE AN EXCEPTION FROM THE FENCING AND IRRIGATION REQUIREMENTS WHEN THERE IS A THIRTY FOOT GRASS BUFFERYARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-275 Council Member Moss made a motion, seconded by Council SP-03-041 Member Lane, that the application of Metro Vehicle Exchange for a Approved change in zoning of property located in Northeast quadrant in the 11600 block of Mosier Valley Road and Rodolphus Street from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a vehicle exchange facility with no more than 20 parking spaces and no outside storage, Zoning Docket No. ZC-03-275 and Site Plan No. SP-03-041, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 22 of 37 Continued Until City Manager Jackson stated that staff recommended continuing January 27, Zoning Docket Nos. ZC-03-286A, 2868, 286D, 286E, 286F, 286G, and 2004 286J, until January 27, 2004. Council Member Davis made a motion, seconded by Council Member Haskin, to continue the following zoning cases until January 27, 2004: ZC-03-286A Zoning Docket No. ZC-03-286A, Text Amendment concerning parking lot design standards. ZC-03-286B Zoning Docket No. ZC-03-2868, Text Amendment allowing zero lot line residences, cluster housing, townhouses and rowhouses in the "C" and "D" Multifamily Districts at the same density as apartments. ZC-03-286D Zoning Docket No. ZC-03-286D, Text Amendment requiring landscape areas to be included on Unified Residential Development site plans. ZC-03-286E Zoning Docket No. ZC-03-286E, Text Amendment allowing private parks and recreation centers in all residential districts. ZC-03-386F Zoning Docket No. ZC-03-286F, Text Amendment deleting obsolete industrial uses from nonresidential use table. ZC-03-286G Zoning Docket No. ZC-03-286G, Text Amendment allowing trees planted in the parkway to be credited toward required landscape areas. ZC-03-286J Zoning Docket No. ZC-03-286J, Text Amendment repealing requirement to show land area of adjacent sites on planned development site plans. The motion carried unanimously. ZC-03-293 Council Member Haskin made a motion, seconded by Council Continued Until Member Davis, that the application of Scott Homes for a change in February 24, zoning of property located 4000 Block of Bonds Ranch Road from 2004 Unzoned to "A-10" One-Family, Zoning Docket No. ZC-03-293, be continued until February 24, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 23 of 37 ZC-03-295 Council Member Moss made a motion, seconded by Council Continued Until Member Haskin, that the application of Dorcas E. Benson for a March 9, 2004 change in zoning of property located at 8990 Creek Run Road from "PD-334" Planned Development for a private golf course and "PD- 433" Planned Development for "R2" Townhouse/Cluster (not to exceed 6 attached units) to "AR" One-Family Restricted, Zoning Docket No. ZC-03-295, be continued until March 9, 2004. The motion carried unanimously. ZC-03-296 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth Planning Department for a change in zoning of property located South of Bonds Ranch Road, west of Wagley-Robertson Road, north and south of Blue Mound Road, and east and west of Highway 287 from "AG" Agricultural to "G" Intensive Commercial, "I" Light Industrial, "E" Neighborhood Commercial, and "A-5", "A-7.5", and "A-10" One- Family, Zoning Docket No. ZC-03-296, be approved. The motion carried unanimously. ZC-03-298 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of Wells Framing Contractors, Inc. for a change in zoning of property located in the 1800 Block of Hamlet Drive from "B" Two-Family, "C" Medium Density Multifamily, "CR" Low Density Multifamily, "F" General Commercial and "ER" Neighborhood Commercial Restricted to "A-5" One- Family, Zoning Docket No. ZC-03-298, be approved. The motion carried unanimously. ZC-03-299 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 818 North Main from "J" Medium Industrial to "J/HC" Medium Industrial/Historic and Cultural Landmark, Zoning Docket No. ZC-03-299, be approved. The motion carried unanimously. City Attorney Yett advised Council Member Moss that Fort Worth Independent School District owned the property relative to Zoning Docket No. ZC-03-300, and recommended he abstain from voting. Council Member Moss stated that he would abstain from voting on Zoning Docket No. ZC-03-300 and file a Conflict of Interest Affidavit with the City Secretary's Office. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 24 of 37 ZC-03-300 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 401 Samuels Avenue from "D/DD" High Density Multifamily/Demolition Delay to "D/HC" High Density Multifamily/Historic and Cultural Landmark, Zoning Docket No. ZC- 03-300, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Moss ZC-03-301 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 731 Samuels Avenue from "D/DD" High Density Multifamily/Demolition Delay to "D/HC" High Density Multifamily/Historic and Cultural Landmark, Zoning Docket No. ZC- 03-301, be approved. The motion carried unanimously. ZC-03-302 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of Harris Methodist Hospital for a change in zoning of property located in the 1000 Block of Henderson Street from "FR" General Commercial Restricted, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial and "D" High Density Multifamily to "G" Intensive Commercial, Zoning Docket No. ZC-03-302, be approved. The motion carried unanimously. ZC-03-304 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of RJM Development Corporation for a change in zoning of property located in the 13500 Block of Trinity Boulevard from "O-M" Office Midrise to "C" Medium Density Multifamily, Zoning Docket No. ZC-03-304, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 25 of 37 AYES: Mayor Moncrief; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Mayor Pro tempore McCloud ZC-03-306 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of American Retirement Corp. for a change in zoning of property located in the 7400 Block of Oakbend Trail from "PD/344" Planned Development for a retirement home to "G" Intensive Commercial, Zoning Docket No. ZC-03-306, be approved. The motion carried unanimously. ZC-03-307 Council Member Haskin made a motion, seconded by Council SP-03-051 Member Moss, that the application of Ihsan Housini for a change in Approved zoning of property located at 1717 East Loop 820 from "PD-156" Planned Development for tire repair facility to "PD/SU" Planned Development/Specific Use for an auto repair facility. No Outdoor storage, new or used tire sales, outdoor battery storage, pole signs, temporary signs, or overnight parking and Site Plan required, Zoning Docket No. ZC-03-307 and Site Plan No. SP-03-051, be approved to include no outside sales of automobiles, no auto repair, and no parts repair. The motion carried unanimously. ZC-03-308 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Fort Worth 109, L.P. for a change in zoning of property located at 12550 Old Denton Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC- 03-308, be approved. The motion carried unanimously. ZC-03-309 Council Member Haskin made a motion, seconded by Council Continued for Member Silcox, that the application of Timberwood, Inc. for a One Week change in zoning of property located in the 9000 Block of Racquet Club and 800 Block of Clay Court Circle from "F" General Commercial and "CR" Low Density Multifamily to "AR" One-Family Restricted, Zoning Docket No. ZC-03-309, be continued for one week. The motion carried unanimously. ZC-03-310 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Beach-North Tarrant, Ltd. for a change in zoning of property located in the 4400 Block of Thompson Road and 8200 Block of North Beach Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus mini-warehouses and waiver of site plan recommended, Zoning Docket No. ZC-03-310, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 26 of 37 ZC-03-311 Council Member Stevenson made a motion, seconded by Council Continued Until Member Silcox, that the application of PBK Joint Venture for a February 10, change in zoning of property located North of Highway 287 on 2004 Harmon Road from "AG" Agricultural to "A-5" One-Family, "I" Light Industrial, "FR" General Commercial Restricted and "E" Neighborhood Commercial, Zoning Docket No. ZC-03-311, be continued until February 10, 2004. The motion carried unanimously. Council Member Stevenson requested Council grant him permission to abstain from voting on Zoning Docket No. ZC-03-312 and Site Plan SP-03-056, as he was an associate of the applicant. Council Member Davis made a motion, seconded by Council Member Silcox, that Council Member Stevenson be permitted to abstain from voting on Zoning Docket ZC-03-312 and Site Plan SP- 03-056. The motion carried unanimously. ZC-03-312 Council Member Davis made a motion, seconded by Council SP-03-056 Member Silcox, that the application of Robert M. Bass for a change Approved in zoning of property located at 1829, 1900, 1901, 1904, 1905, 1908, 1916, 1917, 1920, 1921, 1928, 1929, 1936, 1937 and 1941 Westover Square Drive from "D" High Density Multifamily to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family with 10- foot front yards and up to 55% maximum lot coverage, Zoning Docket No. ZC-03-312 and Site Plan No. SP-03-056, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Moss, Picht, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Stevenson Council Member Stevenson excused himself from the table at this time. ZC-03-314 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Hillwood Alliance Residential L.P. for a change in zoning of property located South of SH 170, west of Alta Vista from "G" Intensive Commercial, "O-M" Office Midrise, "E" Neighborhood Commercial and "AR" One-Family Restricted to "A-5" One-Family, Zoning Docket No. ZC-03-314, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 27 of 37 ZC-03-316 It appeared that the City Council set today as the date for a hearing Ord. #15829 for Zoning Docket No. ZC-03-316, Text Amendment expanding the Text Amendment Central Business District. Mayor Moncrief asked if there was Approved anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-316 be approved and that the following ordinance be adopted. ORDINANCE NO. 15829 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, BY AMENDING CHAPTER 4, "DISTRICT REGULATIONS" AND CHAPTER 6, "DEVELOPMENT STANDARDS" TO EXEMPT THE CENTRAL BUSINESS ("H") DISTRICT FROM THE REAR, SIDE AND FRONT YARD SETBACKS; BY AMENDING CHAPTER 4, "DISTRICT REGULATIONS" SO THAT THE PURPOSE AND INTENT STATEMENT ACCURATELY REFLECTS ALLOWABLE USES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-317 Council Member Davis made a motion, seconded by Council SP-03-052 Member Silcox, that the application of David Lewis Builders & Approved Urban Dwellings, Inc. for a change in zoning of property located at 1200, 1204, 1122, 1124 and 1128 Fairmount from "D" High Density Multifamily to "PD/SU" Planned Development/Specific Use for all uses in "R2" Townhouse/Cluster residential with a maximum density of 17.015 units per acre, Zoning Docket No. ZC-03-317 and Site Plan No. SP-03-052, be approved. The motion carried unanimously. Council Member Stevenson assumed his chair. ZC-03-318 Council Member Haskin made a motion, seconded by Council SP-03-053 Member Lane, that the application of Thomas L. Ponder for a Approved change in zoning of property located in 8200 thru 8300 Randol Mill Road from "A" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family Plus golf driving range, Zoning Docket No. ZC-03-318 and Site Plan No. SP- 03-053, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 28 of 37 SP-03-054 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Chapel Hill Phase 1A for a change in zoning of property located in the 2900 Block of Bonds Ranch Road West site plan for single-family development, Site Plan No. SP-03-054 (See ZC-01-053), be approved. The motion carried unanimously. City Manager Jackson recommended that Mayor and Council Communication No. C-19934 be heard at this time. C-19934 There was presented Mayor and Council Communication No. C- Courtney 19934 from the City Manager recommending that the City Council: Homes, Inc. 1. Approve a five-year Municipal Property Tax Abatement for three real properties, owned by Courtney Homes, Inc., and located in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Courtney Homes, Inc. are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Courtney Homes, Inc. for each of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Joyce Grant Ms. Joyce Grant, 5210 Libbey Avenue, Executive Director of the East Libbey Avenue Neighborhood Association based in Lake Como, appeared before Council and expressed concern regarding the City's failure to notify her organization about this issue. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Mayor Pro tempore McCloud CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 29 of 37 ZC-03-322 It appeared that the City Council set today as the date for a hearing Continued Until for Zoning Docket No. ZC-03-322, Text Amendment regulating home March 9, 2004 occupations. Mayor Moncrief asked if there was anyone present desiring to be heard. Council Member Davis stated that she would recommend postponing this issue until March 9, 2004 to receive input from residents impacted by the adoption of this ordinance. She added that a committee would be formed to obtain input from concerned residents. Kenneth Jones Mr. Kenneth Jones, 3601 Hulen Street, appeared before Council in opposition of the text amendment. He stated he would like to be part of the committee. George Jacob Mr. George Jacob, 3121 Sondra Drive #201, appeared before Council in opposition of the text amendment. He stated that the Council needed to encourage small business development in Fort Worth. Charity Drabik Ms. Charity Drabik, 6752 Taddeus Drive, appeared before Council in opposition of the text amendment. She asked the Council to review the provision relative to outside advertising and added that placing addresses and phone numbers on business cards and fliers added legitimacy to the businesses. There being no one else present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-322 be continued until March 9, 2004. The motion carried unanimously. ZC-03-323 It appeared that the City Council set today as the date for a hearing Ord. #15830 for Zoning Docket No. ZC-03-323, Text Amendment regulating Text accessory buildings. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-323 be approved and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 30 of 37 ORDINANCE NO. 15830 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, BY AMENDING CHAPTER 9, "DEFINITIONS" TO AMEND THE DEFINITION OF "ACCESSORY BUILDINGS" TO ADD DEFINITIONS FOR HABITABLE AND NON-HABITABLE ACCESSORY BUILDINGS AND TO ADD A NEW DEFINITION FOR "PORTE COCHERE"; TO AMEND SECTION 5.301 OF CHAPTER 5, ARTICLE 3, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR HABITABLE AND NON- HABITABLE ACCESSORY BUILDINGS ON RESIDENTIAL LOTS; TO AMEND CHAPTER 4, ARTICLE 7, "RESIDENTIAL DISTRICTS" TO ALLOW ADDITIONAL GARAGES AND PORTES COCHERES UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 4, ARTICLE 7 "RESIDENTIAL DISTRICT USE TABLE" AND CHAPTER 4, ARTICLE 8 "NONRESIDENTIAL DISTRICT USE TABLE" TO DELETE THE REFERENCE TO THE SUPPLEMENTAL USE STANDARDS IN CHAPTER 5, ARTICLE 3 REQUIRING A SPECIAL EXCEPTION FOR ACCESSORY BUILDINGS WITH HVAC FLOOR SPACE, SECOND FLOORS AND POOL HOUSES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Mayor Pro tempore McCloud ZC-03-324 It appeared that the City Council set today as the date for a hearing Ord. #15831 for Zoning Docket No. ZC-03-324, Text Amendment regulating Text industrialized housing. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-324 be approved and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 31 of 37 ORDINANCE NO. 15831 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, BY AMENDING CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR IDUSTRIALIZED HOUSING; TO ADD SECTION 5.117A TO CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE TO ADD "IDUSTRIALIZED HOUSING" AS A USE UNDER "RESIDENTIAL USES" ADD TO ADD A REFERENCE IN THE SUPPLEMENTAL STANDARDS COLUMN, PROVIDING THAT IS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-325 It appeared that the City Council set today as the date for a hearing Ord. #15832 for Zoning Docket No. ZC-03-325, Text Amendment increasing Text membership of the Downtown Design Review Board, allowing a Amendment building permit application to run concurrently with an application Approved for a Certificate of Appropriateness, and requiring a Certificate of Appropriateness for walkway areas, landscaping, and exterior renovation, remodeling or other alterations of all floors of an existing building. Mayor Moncrief asked if there was anyone present desiring to be heard. City Attorney Yett stated that a revised copy of the text amendment had been provided to the Council in the Pre-Council Meeting. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-325 be approved as amended and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 32 of 37 ORDINANCE NO. 15832 AN ORDINANCE AMENDING 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 BY AMENDING SECTION 2.104 "DOWNTOWN DESIGN REVIEW BOARD" TO INCREASE THE MEMBERSHIP OF THE BOARD TO FIVE MEMBERS; TO AMEND SECTION 4.1200, "URBAN DESIGN DISTRICT-DOWNTOWN" AND EXHIBIT B.15 TO INCREASE THE BOUNARIES OF THE DOWNTOWN URBAN DESIGN DISTRICT; TO ALLOW APPLICATIONS FOR BUILDING PERMITS TO RUN CONCURRENT WITH AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FOR THE RENOVATION, REMODELING, OR OTHER ALTERATIONS FOR ALL FLOORS OF AN EXISTING STRUCTURE, THE WALKWAY AREAS AND LANDSCAPING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-265 It appeared that the City Council set today as the date for a hearing Continued Until for Zoning Docket No. ZC-03-265, Text Amendment regulating February 10, fences. Mayor Moncrief asked if there was anyone present desiring 2004 to be heard. Robert Mr. Robert Gutierrez, 2604 N.W. 22nd Street, appeared before Gutierrez Council in opposition of the text amendment. He stated that he would like to see more flexibility in the fence ordinance relative to variances. There being no one else present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-265 be continued until February 10, 2004. The motion carried unanimously. Council Member Picht stated that he inadvertently voted incorrectly relative to Zoning Docket Nos. ZC-03-323 and ZC-03-324 and requested Council reconsider these cases. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 33 of 37 Reconsider Council Member Davis made a motion, seconded by Council ZC-03-324 Member Silcox to reconsider Zoning Docket No. ZC-03-324. The motion carried unanimously. ZC-03-324 It appeared that the City Council set today as the date for a hearing Ord. #15831 for Zoning Docket No. ZC-03-324, Text Amendment regulating Text industrialized housing. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-324 be approved and that the following ordinance be adopted. ORDINANCE NO. 15831 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, BY AMENDING CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR IDUSTRIALIZED HOUSING; TO ADD SECTION 5.117A TO CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE TO ADD "IDUSTRIALIZED HOUSING" AS A USE UNDER "RESIDENTIAL USES" ADD TO ADD A REFERENCE IN THE SUPPLEMENTAL STANDARDS COLUMN, PROVIDING THAT IS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Mayor Pro tempore McCloud Reconsider Council Member Silcox made a motion, seconded by Council ZC-03-323 Member Davis, to reconsider Zoning Docket No. ZC-03-323. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 34 of 37 ZC-03-323 It appeared that the City Council set today as the date for a hearing Ord. #15830 for Zoning Docket No. ZC-03-323, Text Amendment regulating Text Amendment accessory buildings. Mayor Moncrief asked if there was anyone Approved present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-323 be approved and that the following ordinance be adopted. ORDINANCE NO. 15830 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, BY AMENDING CHAPTER 9, "DEFINITIONS" TO AMEND THE DEFINITION OF "ACCESSORY BUILDINGS" TO ADD DEFINITIONS FOR HABITABLE AND NON-HABITABLE ACCESSORY BUILDINGS AND TO ADD A NEW DEFINITION FOR "PORTE COCHERE"; TO AMEND SECTION 5.301 OF CHAPTER 5, ARTICLE 3, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR HABITABLE AND NON-HABITABLE ACCESSORY BUILDINGS ON RESIDENTIAL LOTS; TO AMEND CHAPTER 4, ARTICLE 7, "RESIDENTIAL DISTRICTS" TO ALLOW ADDITIONAL GARAGES AND PORTES COCHERES UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 4, ARTICLE 7 "RESIDENTIAL DISTRICT USE TABLE" AND CHAPTER 4, ARTICLE 8 "NONRESIDENTIAL DISTRICT USE TABLE" TO DELETE THE REFERENCE TO THE SUPPLEMENTAL USE STANDARDS IN CHAPTER 5, ARTICLE 3 REQUIRING A SPECIAL EXCEPTION FOR ACCESSORY BUILDINGS WITH HVAC FLOOR SPACE, SECOND FLOORS AND POOL HOUSES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-266C It appeared that the City Council set today as the date for a hearing Denied for Zoning Docket No. ZC-03-266C, Text Amendment allowing 14- foot signs for nonresidential uses in residential districts and allowing signs on arterial or wider streets in residential districts to be illuminated until 10:00 p.m. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 35 of 37 There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-266C be denied. ZC-03-281 Mr. Johnny Lewis, 953 E. Terrell, appeared before Council in SP-03-044 support of the denial. Denied With Prejudice Johnny Lewis Joel Strickland Mr. Joel Strickland, 1202 S. White Chapel, Southlake, Texas, representing Blake Architects, appeared before Council in opposition of the denial. He stated that his company had worked hard to develop the site plan. Council Member Moss made a motion, seconded by Council Member Silcox, that the application of Kanchanal Patel for a change in zoning of property located at 1451 East Rosedale and 1450 Avenue "E" from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for a motel, Zoning Docket No. ZC-03-281 and Site Plan No. SP-03-044, be denied with prejudice. The motion carried unanimously. ZC-03-282 Council Member Moss made a motion, seconded by Council SP-03-045 Member Davis, that the application of Magnolia Media Group for a Withdrawn change in zoning of property located at 1901 Cooks Lane from "A- Without 5" One-Family to "PD/SU" Planned Development/Specific Use for an Prejudice office and a Single-Family residence, Zoning Docket No. ZC-03-282 and Site Plan No. SP-03-045, be withdrawn without prejudice. The motion carried unanimously. ZC-03-268 Mr. Marvin Waltz and Ms. Donna Waltz, 38 Canyon Lake Circle, Continued for Aledo, Texas appeared before Council in opposition of the denial. One Week Ms. Waltz stated that she spoke with a number of the neighbors and Marvin Waltz, had 11 signatures supporting their requested change. Donna Waltz Council Member Moss made a motion, seconded by Council Member Lane, that the application of Restoration Properties for a change in zoning of property located at 4759 Hampshire Blvd from "B" Two-Family to "PS/SU" Planned Development/Specific Use for all uses in "B" Two-Family plus continued use of a fourplex. Waiver of site plan requested, Zoning Docket No. ZC-03-268, be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 36 of 37 ZC-03-280 Mr. Gary Moss, 2809 Coventry, Crowley, Texas, appeared before SP-03-043 Council in opposition of the City Zoning Commission's denial. He Special Hearing stated that he had met with Council Member Moss and the developer of the area and neither had a problem with the tower. He added that the relay would be relocated to the northeast corner of the site and that his radio station would also relocate to the property. He further stated that the 300-foot tower was designed to collapse inward on itself to prevent damage to surrounding property. Stephen Myers Mr. Stephen A. Myers, 1729 Queen Street, appeared before Council in support of the denial. He stated that electricity for 100 families would be affected if the tower fell, as it was located near transmission lines. Council Member Moss made a motion, seconded by Council Member Silcox, that the application of GAIC of America, Inc. for a change in zoning of property located at 5701 East Loop 820 South from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus a 300-foot radio two. Zoning Docket No. ZC-03-280 and Site Plan No. SP-03-043, be approved with the tower located on the northeast corner of the property. The motion carried unanimously. 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 Moss made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 13, 2004 PAGE 37 of 37 ORDINANCE NO. 15833 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 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. Adjournment There being no further business, the meetin adjourned at 9:34 P. CITY S E,4ffEYA RY MAYOR