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HomeMy WebLinkAbout2004/02/10-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 10, 2004 Date & Time On the 10th day of February, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:05 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, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Becky Haskin was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Joe D. Gibbs, Sr., Stop Six Church of Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of February 3, 2004, were approved unanimously. Special Council Member Picht presented a Proclamation for Engineer's Presentations Week. Council Member Davis presented a Proclamation for Historic Fort Worth, Inc. Preservation Day. Council Member Silcox presented a Certificate of Recognition to Sandi Breaux and expressed appreciation for her work on the Fort Worth Commission for Women. Announcements Mayor Moncrief recognized Alec Baker with Boy Scout Troop 325 and also Lewis Smith of Troop 499, Alta Mesa Presbyterian Church working on their Communication and Citizenship in the Community badges. He also expressed appreciation to everyone that worked on the Capital Improvement Program Bond Election. Council Member Picht also expressed appreciation to the 25 percentile of voters who went out to the election poles Saturday that were in opposition of the Capital Improvement Program. Council Member Lane expressed appreciation to Mr. Watt, City staff, Police and Firefighter's who worked to make the Fort Worth Stockshow and Rodeo such a great success. He also expressed appreciation to the voters in District 2 for their support of the Bond Election and especially to Council Member Silcox. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 2 of 25 Council Member Silcox expressed condolences to the family of Laura Crane and dispelled rumors that the alleged abductors resided at the Stonegate Apartments. He also added that a convicted sex offender did not reside at the Stonegate Apartments. He read a memo from Captain Flynn expressing appreciation to all of those who helped in the search. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. G-14254 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. P-9914 be continued for two weeks. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Appointments Council Member Davis made a motion at the request of the Government and Neighborhood Relations Committee that Craig Kelly and John Melcher be appointed to the alternate positions on the City Plan Commission, effective February 10, 2004. The motion was seconded by Mayor Pro tempore McCloud carried unanimously. C.P. #237 There was presented Council Proposal No. 237 proposing that the Stop Six NEZ City Council: Expansion 1. Direct the City staff to schedule an item for the City of Fort Worth City Council Agenda on February 24, 2004 to consider expanding the Stop Six Neighborhood Empowerment Zone (NEZ); and 2. Authorize the City Manager to amend Resolution No. 2721 to include the expansion area and prepare an ordinance to designate the expansion area as a Reinvestment Zone. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Res. #3042 There was presented Resolution No. 3042 changing the regularly Change scheduled date of the City Council meeting of Tuesday, March 9, Regularly 2004 at 7:00 p.m. to Thursday, March 11, 2004 due to the National Scheduled Date League of Cities Congressional-City Conference. Council Member of City Council Davis made a motion, seconded by Council Member Silcox, that Meeting the resolution be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 3 of 25 Public Hearing It appeared that the City Council at its meeting of January 13, 2004, continued 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. 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, called attention to Mayor and Council Communication No. G-14223 as follows: G-14223 There was presented Mayor and Council Communication No. G- Res. #3043 14223 from the City Manager recommending that the City Council: Ord. #15861 Designate West 1. Adopt Resolution No. 3043 to designate the West 7th 7th Street/ Street/University area as a Neighborhood Empowerment Zone; University Drive and Area as a Neighborhood 2. Hold a public hearing concerning the designation of the West Empowerment 7th Street/University Drive area as Fort Worth Neighborhood Zone & Fort Empowerment Reinvestment Zone No. 14; and Worth Neighborhood 3. Adopt Ordinance No. 15861 designating a certain area in the Empowerment City of Fort Worth as "Neighborhood Empowerment Reinvestment Reinvestment Zone No. 14, City of Fort Worth, Texas"; Zone No. 14 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; 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 connection with 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 closed and Mayor and Council Communication No. G-14223 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 4 of 25 G-14251 There was presented Mayor and Council Communication No. G- Ord. #15862 14251 from the City Manager recommending that the City Council Amend adopt Ordinance No. 15862 amending Ordinance No. 13543, as Ordinance No. amended by Ordinance Nos. 13672, 13673, 13674, and 13842 13543, to Modify codified as Chapter 2, Article VI, Division 1, entitled "Employees' Employee & City Retirement Fund" of the Code of the City of Fort Worth (1986), as Contributions to amended, which ordinances establish a Retirement System, Retirement Fund Retirement Plan and Benefits thereunder for employees of the City Upon of Fort Worth; to provide for the contributions made on behalf of a Reinstatement reinstated employee by the employee and the City to the fund. It was the consensus of the City Council that the recommendation be adopted. G-14252 There was presented Mayor and Council Communication No. G- Ord. #15863 14252 from the City Manager recommending that the City Council: Accept Grant from Fort Worth 1. Authorize the City Manager to accept a grant in the amount Local of $94,400.00 from the Fort Worth Local Development Development Corporation for computer cabling, telephone wiring and Corporation for start-up operations of TECHFort Worth; and Computer Cabling, 2. Adopt Appropriation Ordinance No. 15863 increasing Telephone estimated receipts and appropriations in the Grants Fund in Wiring & the amount of $94,400.00, subject to receipt of the grant Operations of from the Fort Worth Local Development Corporation, for the TECHFort Worth purpose of funding computer cabling, telephone wiring and start-up operations of TECHFort Worth. It was the consensus of the City Council that the recommendation be adopted. G-14253 There was presented Mayor and Council Communication No. G- Juvenile 14253 from the City Manager recommending that the City Council Accountability authorize the City Manager to sign the Application Waiver for the Incentive Block Juvenile Accountability Incentive Block Grant from the Texas Grant Funding Criminal Justice Division in the amount of $187,042.00 to Tarrant Waiver: Fiscal County Juvenile Services in support of the four purpose areas Year 2004 chosen by the Juvenile Crime Enforcement Coalition. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 5 of 25 G-14254 There was presented Mayor and Council Communication No. G- Ord. #15864 14254 from the City Manager recommending that the City Council: Application of 1. Consider and adopt the findings and opinions of City staff Classic as presented herein; and Acquisition Corporation 2. Find that public necessity and convenience require the d/b/a Yellow operation of forty (40) shuttles upon City streets, alleys and Checker Shuttle thoroughfares; and to Operate Forty 3. Adopt Ordinance No. 15864 granting to Classic Acquisition Shuttles within Corporation d/b/a Yellow Checker Shuttle the privilege to City of Fort use the streets, alleys and public thoroughfares of the City Worth in the conduct of its shuttle business, which shall consist of the operation of forty shuttles for a period beginning on February 10, 2004, and ending on February 9, 2009; specifying the terms and conditions of the grant. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14255 There was presented Mayor and Council Communication No. G- Payment to Fort 14255 from the City Manager recommending that the City Council Worth authorize payment in the amount of $25,000.00 to the Fort Worth Corporation Corporation IMMA for consulting services associated with the IMMA for efforts of the City's 2005 Base Realignment and Closure (BRAC) Consulting Task Force. Council Member Davis made a motion, seconded by Services to Council Member Silcox, that the recommendation be adopted. The City's 2005 motion carried unanimously. BRAC Task Force G-14256 There was presented Mayor and Council Communication No. G- City of Fort 14256 from the City Manager recommending that the City Council Worth 2004 adopt the 2004 Federal Legislative Program; and authorize and Federal direct the City Manager to distribute copies of the City's Federal Legislative Legislative Program to members of Congress, to other cities, and Program to other interested individuals; and authorize and direct appropriate City officials to send letters of support or to meet with federal officials to discuss the City's position on the initiatives; and authorize and direct the City's Governmental Relations Manager and the City's federal legislative consultants to take the appropriate actions to advance the 2004 Federal Legislative Program before Congress, the Administration and corresponding federal agencies. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 6 of 25 Public Hearing It appeared that the City Council set today as the date for a public hearing on the December 29, 2003 Draft of the City of Fort Worth 2004 Comprehensive Plan. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Dana Burghdoff, representing the Planning Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14257 as follows: G-14257 There was presented Mayor and Council Communication No. G- December 29, 14257 from the City Manager recommending that the City Council 2003 Draft of conduct a public hearing on the December 29, 2003 draft of the City of Fort City's 2004 Comprehensive Plan to allow the public the opportunity Worth 2004 to give testimony and present written evidence; and adjourn the Comprehensive public hearing; and schedule a discussion of the public comments Plan at the Pre-Council Meeting on February 17, 2004. Leslie Monteleon Ms. Lezlie Monteleone, President of the Overton Woods Neighborhood Association, appeared in support of the proposed 2004 Comprehensive Plan. Mayor Moncrief stated that a letter was also submitted by Mr. Scott L. Smith, representing Headington Realty & Capital, L.P., stating that, "Based on this letter, as well as discussions we have had with Planning Department staff, the staff made comprehensive land use plan change recommendations at the Planning and Zoning Commission's Joint Workshop on January 28, 2004, that are compatible with the changes we proposed. It is our understanding these staff recommendations have not changed, and therefore, we are in favor of these staff recommendations, and we respectfully request you ultimately approve them." {A copy of this letter in its entirety is made a part of the Council Proceedings File of this date.} There being no one else present desiring to be heard in the public hearing on the December 29, 2003 Draft of the City of Fort Worth 2004 Comprehensive Plan, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14257 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 7 of 25 G-14258 There was presented Mayor and Council Communication No. G- Fifth Annual 14258 from the City Manager recommending that the City Council Pooch & Pals approve the Public Health Department, Animal Care and Control Promenade Division's Fifth Annual Pooch and Pals Promenade walk/run to benefit the City's animal shelter. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox announced that the event would take place March 27, 2004 at the Animal Services facility, and suggested that his colleagues meet him there. G-14259 There was presented Mayor and Council Communication No. G- Alternate 14259 from the City Manager recommending that the City Council Renovation Plan authorize staff to proceed with the alternate renovation plan for outlined for Meadowbrook Golf Course and utilize the remaining Meadowbrook monies to make additional improvements at Pecan Valley Golf Golf Course & Course. Council Member Davis made a motion, seconded by Renovations for Council Member Moss, that the recommendation be adopted. The Pecan Valley motion carried unanimously. P-9913 There was presented Mayor and Council Communication No. P- Paint & Related 9913 from the City Manager recommending that the City Council Items authorize a purchase agreement for paint and related items with multiple vendors for the City of Fort Worth based on the best value for the City with payment due 30 days after receipt of the invoice with freight included in the unit price; and authorize this agreement to begin February 10, 2004, and expire February 9, 2005, with options to renew for four additional one-year periods; and authorize 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." It was the consensus of the City Council that the recommendation be adopted. P-9914 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9914, Purchase Agreement for a Three-Year Two Weeks Lease of Two Printers and Maintenance Service from Dahill Industries, Inc. for the Water Department, be continued for two weeks. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 8 of 25 L-13757 There was presented Mayor and Council Communication No. L- Acquisition of 13757 from the City Manager recommending that the City Council Vacant Lots & authorize the acquisition of two vacant lots and three single-family Single-Family residences in conjunction with the Fort Worth Meacham Residential International Airport Noise Mitigation Program (DOE 3932 and Properties for 4301); and find that the prices offered in the total amount of Fort Worth $196,250.00 are just compensation for the acquisition of the five Meacham properties, plus an estimated real estate tax pro-rated amount not International to exceed $7,000.00, for a total cost of $203,250.00; and authorize Airport Noise the acceptance and recording of appropriate instruments. It was Mitigation the consensus of the City Council that the recommendation be Program adopted. L-13758 There was presented Mayor and Council Communication No. L- Acquisition of 13758 from the City Manager recommending that the City Council Vacant Lot & authorize the acquisition of one vacant lot and four single-family Single-Family residences in conjunction with the Fort Worth Meacham Residential International Airport Noise Mitigation Program (DOE 3932 and Properties for 4301); and find that the prices offered in the total amount of Fort Worth $158,950.00 are just compensation for the acquisition of the five Meacham properties, plus an estimated real estate tax pro-rated amount not International to exceed $5,000.00, for a total cost of $163,950.00; and authorize Airport Noise the acceptance and recording of appropriate instruments. It was Mitigation the consensus of the City Council that the recommendation be Program adopted. L-13759 There was presented Mayor and Council Communication No. L- Sale of Tax- 13759 from the City Manager recommending that the City Council Foreclosed approve the sale of one tax foreclosed property described as Lot Property 21, Block 96, M. G. Ellis Addition, Tarrant County, Texas, for a total purchase price of $1,892.50 to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and accept one permanent avigation easement described as Lot 21, Block 96, M. G. Ellis Addition, Tarrant County, Texas from Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. in the amount of $1.00 for consideration; and authorize the City Manager to execute the appropriate deed conveying the property to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. and record the necessary documents. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 9 of 25 L-13760 There was presented Mayor and Council Communication No. L- Acquisition of 13760 from the City Manager recommending that the City Council Vacant Lots & authorize the acquisition of three vacant lots and one duplex Duplex residence located on the West Side of Fort Worth in conjunction Residential with the Fort Worth Meacham International Airport Noise Mitigation Property Program (DOE 3932); and find that the prices offered in the total amount of $109,070.00 are just compensation for the acquisition of the four properties, plus an estimated real estate tax pro-rated amount not to exceed $3,500.00, for a total cost of $112,570.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13761 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13761 from the City Manager recommending that the City Council Easement, approve the acceptance of one permanent sanitary sewer Drainage easement, one permanent drainage easement, and one permanent Easement & water line easement described as A 565, M. Gilbert Survey, Tarrant Water Line County, Texas, located east of Blue Mound Road and west of IH- Easement 35W from Bank One, NA, Independent Executor for the Estate Martha Parr for the Basswood Boulevard Project (DOE 4241) needed for the purpose of constructing, operating, maintaining, and reconstructing a storm drain line, a sanitary sewer line, and an underground water line for the Basswood Boulevard Project, for a total cost of$3.00. Council Members Lane, Moss, Stevenson, and Davis disclosed that they had a business relationship with Bank One. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. PZ-2520 There was presented Mayor and Council Communication No. PZ- Ord. #15865 2520 from the City Manager recommending that the City Council: Ord. #15866 Partial Street a) Adopt Ordinance No. 15865 (VA-001-019) vacating and Right-of-Way extinguishing a triangular portion of West Terrell Avenue Vacations right-of-way containing 4,058 square feet and a 20-foot by (VA-001-019) 20-foot public open space easement situated in the William (VA-003-025) Welch Survey, Abstract No. 1644, Fort Worth, Tarrant County, Texas; providing for reversion of fee in said land; the retainment of existing utility easements; repealing all ordinances in conflict herewith; and providing an effective date; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 10 of 25 b) Adopt Ordinance No. 15866 (VA-003-025) vacating and extinguishing a portion of Pruitt Street containing 6,575 square feet and two related 20-foot by 20-foot public open space easements situated in the Harris Hospital Addition Subdivision, Fort Worth, Tarrant County, Texas; providing for reversion of fee in said land; the retainment of existing utility easements; repealing all ordinances in conflict herewith; and providing an effective date. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19956 There was presented Mayor and Council Communication No. C- Ord. #15867 19956 from the City Manager recommending that the City Council: William J. Schultz, Inc. 1. Authorize the transfer of $1,421,394.00 from the Water and d/b/a Circle "C" Sewer Fund to the Sewer Capital Projects Fund; and Construction Company 2. Adopt Appropriation Ordinance No. 15867 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $1,421,394.00 from available funds for the purpose of funding a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Sewer Main Extensions, Replacements, and Relocations Contract 2004A; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $1,292,175.00 for Sewer Main Extensions, Replacements, and Relocations Contract 2004A. It was the consensus of the City Council that the recommendation be adopted. C-19957 There was presented Mayor and Council Communication No. C- Ord. #15868 19957 from the City Manager recommending that the City Council: EJES, Inc. 1. Authorize the transfer of $87,383.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $55,031.00, and the Sewer Capital Project Fund in the amount of $32,352.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 11 of 25 2. Adopt Appropriation Ordinance No. 15868 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $55,031.00 and the Sewer Capital Project Fund in the amount of $32,352.00 from available funds for the purpose of funding a contract with EJES, Inc. for Water and Sanitary Sewer Replacement Contract 2001 STM-J; and 3. Authorize the City Manager to execute an agreement with EJES, Inc. in the amount of $83,383.00 for Water and Sanitary Sewer Replacement Contract 2001, STM-J. It was the consensus of the City Council that the recommendation be adopted. C-19958 There was presented Mayor and Council Communication No. C- Huitt-Zollars, 19958 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering agreement with Huitt-Zollars, Inc. in the amount of $41,637.00 for reconstruction of pavement on Donnelly Avenue (Alamo Street to Ashland Street). It was the consensus of the City Council that the recommendation be adopted. C-19959 There was presented Mayor and Council Communication No. C- Ord. #15869 19959 from the City Manager recommending that the City Council: Omega Contracting, Inc. 1. Authorize the transfer of $97,451.80 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15869 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $97,451.80 from available funds for the purpose of funding Change Order No. 3 to City Secretary Contract No. 28773 with Omega Contracting, Inc. for Water and Sanitary Sewer Rehabilitation Replacement Contract 2001 STM-L; and 3. Authorize the City Manager to execute Change Order No. 3 to City Secretary Contract No. 28773 with Omega Contracting, Inc. in the amount of $97,451.80 for additional and increased pay item quantities, thereby increasing the contract amount to $1,029,231.49. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 12 of 25 C-19960 There was presented Mayor and Council Communication No. C- Freese & 19960 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc. for construction phase services for the Village Creek Wastewater Treatment Plant Uprating Modifications, Phase IB, for a total fee not to exceed $323,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19961 There was presented Mayor and Council Communication No. C- Wade & 19961 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute Amendment No. 2 with Wade & Associates, Inc. for the Main 286 and CDSL32T Drainage Areas Sanitary Sewer Evaluation Study and Improvements, thereby increasing the amount of the agreement by $72,359.00, from $1,297,796.00 to $1,370,155.00. It was the consensus of the City Council that the recommendation be adopted. C-19962 There was presented Mayor and Council Communication No. C- Ord. #15870 19962 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to apply for and accept, if Human Services awarded, a grant from the Texas Department of Human Services (TDHS) requesting up to $500,000.00 from their Year 2004 Summer Food Service Program; and 2. Adopt Appropriation Ordinance No. 15870 increasing estimated receipts and appropriations in the Grants Fund in the amount of $500,000.00, subject to receipt of the grant from the Texas Department of Human Services, for the purpose of funding a contract with the Texas Department of Human Services for the 2004 Summer Food Service Program; and 3. Authorize the execution of a contract with TDHS for the 2004 Summer Food Service Program upon receipt of the grant; and 4. Apply an indirect cost rate of 20.88 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 13 of 25 C-19963 There was presented Mayor and Council Communication No. C- Ord. #15871 19963 from the City Manager recommending that the City Council: Texas 1. Authorize the City Manager to apply for and accept, if Department of Housing & awarded, a grant from the Texas Department of Housing and Community Community Affairs (TDHCA), requesting up to $100,000.00 Affairs from their Year 2004 Emergency Shelter Grant Program; and 2. Authorize the use of existing personnel, office equipment, office space, and donated goods and services for the City's in-kind match with an anticipated value of$100,000.00; and 3. Adopt Appropriation Ordinance No. 15871 increasing estimated receipts and appropriations in the Grants Fund in the amount of$100,000.00 from available funds, and the City to provide an in-kind grant match in the amount of $100,000.00 for the purpose of funding a contract with the Texas Department of Housing and Community Affairs for the Emergency Shelter Grant Program; and 4. Authorize the execution of a contract with TDHCA for the Emergency Shelter Grant Program for the period September 1, 2004, through August 31, 2005. It was the consensus of the City Council that the recommendation be adopted. C-19964 There was presented Mayor and Council Communication No. C- Jerome Plake & 19964 from the City Manager recommending that the City Council Sean Eoff approve a five-year Municipal Property Tax Abatement for the property located at 5925 Blackmore Avenue in the Ridglea/Como Neighborhood Empowerment Zone; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Mr. Jerome Plake and Mr. Sean Eoff are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with Mr. Jerome Plake and Mr. Sean Eoff of Fort Worth in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Haskin CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 14 of 25 C-19965 There was presented Mayor and Council Communication No. C- Steve Self 19965 from the City Manager recommending that the City Council approve a five-year Municipal Property Tax Abatement for a property located at 3019 Halbert Street owned by Steve Self in the Handley Neighborhood Empowerment Zone (NEZ); and find that the statements set forth in the recitals of the Tax Abatement Agreement with Steve Self are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Steve Self for 3019 Halbert Street in the Handley NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Moss made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Haskin C-19966 There was presented Mayor and Council Communication No. C- Bank of America 19966 from the City Manager recommending that the City Council authorize the City Manager to establish a master lease financing agreement with Bank of America. Council Member Moss disclosed that he had a business relationship with Bank of America. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19967 There was presented Mayor and Council Communication No. C- Stockyard 19967 from the City Manager recommending that the City Council Station Hotel, authorize the City Manager to execute the Tax Abatement L.P. Agreement with Stockyards Station Hotel, L.P.; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Stockyards Station Hotel, L.P. are true and correct. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 15 of 25 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Haskin ZC-03-257 It appeared that the City Council, at its meeting of January 13, SP-03-038 2004, continued the hearing of the application of Corrigan Properties, Inc. for a change in zoning of property located at 5000 South Hulen Street from "F" General Commercial to "PD/SU" 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-03-257 and Site Plan No. SP-03-038. Mayor Moncrief asked if there was anyone present desiring to be heard. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, #406, representing the applicant, appeared before Council in support of the zoning change, insured Council that there would be no automobile sales lots, repair service or rental facilities, and all business would be conducted indoors. There being no one else 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 Zoning Docket No. ZC-03-257 and Site Plan SP-03-038 be approved. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3036 was Hearing adopted on January 20, 2004 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 January 22, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-266B It appeared that the City Council set today as the date for a hearing Ord. #15872 for Zoning Docket No. ZC-03-26613, Text Amendment concerning Text Amendment reconstruction of nonconforming accessory buildings. Mayor Approved Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 16 of 25 Randy Means Mr. Randy Means, 1941 Berkley Place, appeared before the City Council and stated that basically as the ordinance was written he was in favor, but that it did not go far enough as it did not include those homeowners who would want to make improvements to their property. 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, and Zoning Docket No. ZC-03-266B be approved. ORDINANCE NO. 15872 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 CHAPTER 4, ARTICLE 7, "RESIDENTIAL DISTRICTS", TO AMEND THE PROPERTY DEVELOPMENT STANDARDS FOR ONE-FAMILY AND TWO- FAMILY RESIDENTIAL DISTRICTS TO ALLOW RECONSTRUCTION OF EXISTING ACCESSORY BUILDINGS IN SIDE AND REAR SETBACKS; 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-03-270 Council Member Silcox made a motion, seconded by Council SP-04-001 Member Stevenson, that the application of Kendall Killian for a Approved change in zoning of property located at 4300 Gorman Street from "CR" Low Density Multifamily to "PD/SU" Planned Development/ Specific Use for all uses in "CR" Low Density Multifamily plus leasing office and no signage allowed, Zoning Docket No. ZC-03- 270 and Site Plan No. SP-04-001, be approved. The motion carried unanimously. ZC-03-274 Council Member Davis made a motion, seconded by Council SP-04-005 Member Stevenson, that the application of Shafi Mohammed Munaf Continued until for a change in zoning of property located in 1608 and 1616 March 11, 2004 Hemphill Street, 713 West Maddox Avenue from "C" Medium Density Multifamily and "F" General Commercial to "PD/MU-1" Planned Development for Low Intensity Mixed-Use and pole sign to be replaced with monument sign, Zoning Docket No. ZC-03-274 and Site Plan No. SP-04-005, be continued until March 11, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 17 of 25 ZC-03-276 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, #406, SP-03-042 representing the applicant, appeared before Council in support of Approved the zoning change and insured Council that there would be no Dennis Hopkins automobile repair service and stated that only detailing work would be performed within the existing building. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of B. & J. Obaid for a change in zoning of property located at 2713 Mansfield Highway from "A-5" One-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus new and used automobile sales with no automobile repair, Zoning Docket No. ZC-03-276 and Site Plan No. SP-03-042, be approved. The motion carried unanimously. ZC-03-285 Ms. Susan Mead, representing Rail Ranch, appeared before SP-03-049 Council and requested that under Exhibit A, Permitted PD Uses, Approved Mini Warehouses, Automotive Repair; Paint and Body Shop, Susan Mead Recreational Vehicle (RV) Sales/Svc.; Vehicle Sales or Rental, Including Automobiles, Motorcycles, Boats or Trailers; and Vehicle Steam Cleaning be deleted from the list. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the application of Triwest Enterprises for a change in zoning of property located at 9100 block of Old Decatur Road from "B" Two-Family to "PD/SU" Planned Development/ Specific Use for one-family residential development with 40-foot lots and 5-foot side yards, Zoning Docket No. ZC-03-285 and Site Plan No. SP-03-049, be approved. The motion carried unanimously. ZC-03-292 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Rail Properties for a change in zoning of property located south of Dutch Branch Road, east of Harris Parkway, north of Alta Mesa Boulevard and west of Park Palisades from "C" Medium Density Multifamily and "O-M" Office Midrise to "PD/SU" Planned Development/Specific Use for "G" Intensive Commercial development standards and all uses permitted in "E" Neighborhood Commercial plus additional uses and 1:2 residential proximity slop with waiver of site plan recommended, Zoning Docket No. ZC-03-292, be approved as amended, with the caveat that any service station use to allow repair be inside of the building, no outside vehicle storage, and site plan be approved before the building permit was issued. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 18 of 25 ZC-03-294 It appeared that the City Council set today as the date for a hearing Ord. #15873 for Zoning Docket No. ZC-03-294, Text Amendment concerning Text Amendment Conservation Overlay 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 Moss made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, and Zoning Docket No. ZC-03-294 be approved. ORDINANCE NO. 15873 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, "CONSERVATION ("CD") OVERLAY DISTRICT" TO ADD ADDITIONAL STANDARDS FOR THE CREATION OF A CONSERVATION OVERLAY DISTRICT; 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. ZC-03-297 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Fort Worth-Trail Ridge, Ltd. for a change in zoning of property located in the 10900 block of Chapin Road from "C" Medium Density Multifamily and "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-297, be approved. The motion carried unanimously. ZC-03-309 It appeared that the City Council, at its meeting of January 20, Continued for 2004, continued the hearing of the application of Timberwood, Inc. One Week for a 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. 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 Timberwood, Inc., Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-03-309 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 19 of 25 ZC-03-311 It appeared that the City Council, at its meeting of January 13, Approved 2004, continued the hearing of the application of PBK Joint Venture for a change in zoning of property located north of Highway 287 on Harmon Road from "AG" Agricultural to "A-5" One-Family, "I" Light Industrial, "FR" General Commercial Restricted and "E" Neighborhood Commercial. Mayor Moncrief asked if there was anyone present desiring to be heard. Council Member Haskin assumed her chair. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the purchaser, appeared in favor of Zoning Docket No. ZC-03-311 and requested the following limitations: a) Track C be zoned "PD/E" and that when it is platted and subdivided that there be 20-foot landscape buffers along the public roadway; and b) The 6.32 acre tract shown on Exhibit "A" be left "AG" Agricultural in the northwest corner being cut-off by the future Heritage Trace; and c) Tract C, Parcel C3, be downsized to "PD/E" with the requirement there be a 20-foot landscape strip along the southern property line adjacent to a proposed roadway; and d) Tract C2 be zoned "PD/E" with a 20-foot landscape strip installed along the northern and southern property line adjacent to a proposed public roadway. {A copy of this letter in its entirety is made a part of the Council Proceedings File of this date.} Mr. John Garfield, representing the Development Department, appeared and advised Council that the proper motion relative to the portion of the Gas Well Tract would be to accept the withdrawal without prejudice. There being no one else present desiring to be heard in connection with the application of PBK Joint Venture for a change in zoning of property located north of Highway 287 on Harmon Road, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Docket No. ZC-03-311 be approved as amended and that the portion involving the Gas Well Tract withdrawal be accepted without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 20 of 25 ZC-04-001 Mayor Pro tempore McCloud made a motion, seconded by Council Continued until Member Davis, that the application of Van-Tex Properties, L.P. for a March 11, 2004 change in zoning of property located in the 8400 block of Oak Grove Road from "F" General Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-001, be continued until March 11, 2004. The motion carried unanimously. ZC-04-002 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, #406, Approved representing the applicant, appeared before Council in support of Dennis Hopkins the zoning change. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the application of Southwest Land Investment Partnership, Ltd. for a change in zoning of property located in 7401, 7425 and 7451 Ederville Road from "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial to "R2" Townhouses/Cluster Residential, Zoning Docket No. ZC-04-002, be approved. Council Member Haskin expressed opposition to the approval of Zoning Docket ZC-04-002, stating that there was no development plan, no site plan, and they appear to be apartment units rather that townhomes and stated that the area was already saturated with apartments. Dave West Mr. Dave West, 1725 Vinewood, appeared and expressed opposition to Zoning Docket ZC-04-002. Council Member Haskin made a substitute motion, seconded by Council Member Davis, that the application of Southwest Land Investment Partnership, Ltd. for a change in zoning of property located in 7401, 7425 and 7451 Ederville Road from "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial to "R2" Townhouses/Cluster Residential, Zoning Docket No. ZC-04-002, be continued for one month. The motion failed by the following vote: AYES: Council Members Haskin and Davis NOES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, and Stevenson ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 21 of 25 The original motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-04-003 Council Member Stevenson made a motion, seconded by Council Denied without Member Davis, that the application of Centex Homes for a change Prejudice in zoning of property located in the 5000 block of Old Decatur Road from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-04-003, be denied without prejudice. The motion carried unanimously. ZC-04-004 Council Member Silcox made a motion, seconded by Council SP-04-002 Member Davis, that the application of Tyson Building Corporation Approved for a change in zoning of property located at 7200 West Vickery Boulevard from "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted plus expansion of existing contractor's storage yard, Zoning Docket No. ZC-04-004 and Site Plan No. SP- 04-002, be approved. The motion carried unanimously. ZC-04-005 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Larry Vance and Simmons Flyn for a change in zoning of property located at 112 North Riverside Drive from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus auto glass repair, no more than 2,224 square feet of the building to be used for auto glass repair, no outdoor storage, display or service, with waiver of site plan recommended, Zoning Docket No. ZC-04-005, be approved. The motion carried unanimously. Mr. John Garfield, representing the Development Department, appeared and stated that it was the intention of Boniuk Interests, Inc. to retain the existing zoning of "E" Neighborhood Commercial. ZC-04-007 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Boniuk Interests, Inc. for a change in zoning of property located at 8600 Camp Bowie Boulevard from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for sports bar and pool tables, and waiver of site plan recommended, Zoning Docket No. ZC-04- 007, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 22 of 25 ZC-04-008 Ms. Diane Roberts, 5531 MacArthur Drive, appeared before the City Approved Council and advised that the parking area did include landscaping. Diane Roberts Council Member Moss made a motion, seconded by Council Member Silcox, that the application of Greater St. Mark Missionary Baptist Church for a change in zoning of property located in 1709, 1717, 1721, 1725, 1733 Liberty Street and 5155, 5151, 5113 and 5109 Willie Street from "B" Two-Family to "CF" Community Facilities, Zoning Docket No. ZC-04-008, be approved. The motion carried unanimously. ZC-04-009 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of properties located in 1101, 1108 and 1110 Cold Springs Road; 1102, 1106, 1108, 1109 and 1110 Nowlin Street; 1004, 1005, 1009, 1011, 1015, 1016, 1101, 1102, 1105, 1108, 1109, 1110 and 1114 Garvey Street from "I" Light Industrial and "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. ZC-04-009, be approved. The motion carried unanimously. Council Member Davis expressed appreciation to the Planning Department staff for all of the work they put forth on this project. ZC-04-011 Council Member Silcox made a motion, seconded by Council SP-04-004 Member Stevenson, that the application of Chris Chappell for a Approved change in zoning of property located in 4605 and 4605 1/2 Benbrook Highway from "E" Neighborhood Commercial and "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus a small animal facility with outdoor exercise area, Zoning Docket No. ZC- 04-011 and Site Plan No. SP-04-004, be approved. The motion carried unanimously. ZC-04-014 Mr. W. J. Shepherd, Jr., P. O. Box 334, Burleson, Texas, applicant Approved for Zoning Docket No. ZC-04-014, appeared before Council in W. J. Shepherd support of the zoning application. He stated that the "E" Commercial was necessary because a convenience store was planned for a portion of the property. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Black Thistle/Cowtown Materials, Inc. for a change in zoning of property located in the 100 block of Garden Acres Drive from "AG" Agricultural to "A-5" One- Family and "E" Neighborhood Commercial, Zoning Docket No. ZC- 04-014, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 23 of 25 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson and Davis NOES: Council Member Haskin ABSENT: None ZC-04-015 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Will A. Courtney, Trustee for a change in zoning of property located in the 8000 block of Wagley Robertson Road from "A-5" One-Family and "E" Neighborhood Commercial to "A-5" One-Family and "E" Neighborhood Commercial, Zoning Docket No. ZC-04-015, be approved. The motion carried unanimously. ZC-04-016 Council Member Picht made a motion, seconded by Council Approved Member Davis, that the application of Chevron USA, Inc. for a change in zoning of property located at 5601 Crowley Road from "E" Neighborhood Commercial to "PD/FR" Planned Development/ Specific Use for all uses in "FR" General Commercial Restricted, no cyclone fence allowed, and waiver of site plan recommended, Zoning Docket No. ZC-04-016, be approved. The motion carried unanimously. ZC-04-020 Council Member Picht made a motion, seconded by Council Approved/ Member Davis, that the application of Virginia M. Purcell/Diane Continued Purcell Dean/Elizabeth A. Potter for a change in zoning of property "PD/SU until located in the 400-500 block of FM 1187 from "E" Neighborhood March 11, 2004 Commercial, "O-M" Office Midrise, "C" Medium Density Multifamily and "ER" Neighborhood Commercial Restricted to "A-5" One- Family, "C" Medium Density Multifamily, Zoning Docket No. ZC-04- 020 be approved and that the portion for "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial except tattoo parlors and pawn shops and waiver of site plan be continued until March 11, 2004. The motion carried unanimously. ZC-03-265 It appeared that the City Council, at its meeting of January 13, Continued until 2004, continued the hearing for Zoning Docket No. ZC-03-265, Text March 11, 2004 Amendment regulating fences. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 10, 2004 PAGE 24 of 25 There being no one present desiring to heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-03- 265 be continued until March 11, 2004. The motion carried unanimously. ZC-03-287 Council Member Davis made a motion, seconded by Council Returned to City Member Silcox, that the application of Gaylord Vany for a change Zoning in zoning of property located at 1245 East Seminary Drive from Commission "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted and continued use of automobile repair with outside tire storage and outside tire repair and waiver of site plan requested, Zoning Docket No. ZC-03-287, be returned to City Zoning Commission for further consideration. (See letter of appeal.) The motion carried unanimously. ZC-03-313 Council Member Stevenson made a motion, seconded by Council SP-04-003 Member Silcox, that the application of Eagle One Engineers, Inc. Set for Special for a change in zoning of property located in 7100 block of Eagle Hearing Ranch Boulevard from "PD-358" and "R2" Zero Lot Line/Cluster Residential to "E" Neighborhood Commercial and "PD/SU" Planned Development/Specific Use for "AR" One-Family Restricted standards with 5-foot side yards, Zoning Docket No. ZC-03-313 and Site Plan No. SP-04-003, be set for a Special Hearing on March 11, 2004. (See letter of appeal.) The motion carried unanimously. ZC-04-006 Council Member Moss made a motion, seconded by Council Denied Member Davis, that the application of A & M Heritage, LLC for a change in zoning of property located at 4429 Rosedale Street from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-006, be denied. (See letter of appeal.) 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 Davis 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 FEBRUARY 10, 2004 PAGE 25 of 25 ORDINANCE NO. 15874 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. Citizen Messer G. B. Kidwell, 6908 Kingsley Drive; Fred Cantu, 2141 Presentations Pembroke Drive; and Jerry Brown, 9521 South Freeway, appeared G. B. Kidwell before Council and presented letters from business Fred Cantu owners/operators on the South Freeway who were concerned with Jerry Brown the "Clustering" of sexually oriented facilities in their business area and suggested proposed revisions to the Sexually Oriented Business Ordinances. Adjournment There being no further business, the meeting was adjourned at 9:22 p.m. CITY CRETARY AYOTR