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HomeMy WebLinkAbout2004/03/11-Minutes-City Council CITY COUNCIL MEETING MARCH 11, 2004 Date & Time On the 11th day of March, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 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; Acting City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Roderick Miles, Campus Drive United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the minutes of the regular meeting of March 2, 2004, were approved unanimously. Special Council Member Haskin presented a Proclamation for American Presentations Red Cross Month to Mr. Kenneth Jones, Chairman. Council Members Davis and Haskin presented a Proclamation for 2004 Fort Worth Outstanding Women's Day to Kathleen Hicks, Chair of the Fort Worth Commission for Women. Mayor Pro tempore McCloud presented a Proclamation for Black Church Week of Prayer for the Healing of AIDS. Mr. Dan Couture, Tarrant County Regional Vice President, and Mr. Gavin Staples, Fort Worth Community Manager, for Choice Homes of Arlington presented Mr. Randle Harwood and Cindy Brooks of the Parks and Community Services Department with a commemorative plaque and a $1,000.00 donation for the Kids Summer Day Camp. Announcements Mayor Moncrief announced that several Council Members attended the National League of Cities in Washington, D.C. and discussed various issues regarding economic development, Carswell Joint Naval Reserve Base, mobility and transportation issues relative to the City of Fort Worth. Mayor Pro tempore McCloud announced that the City was awarded a trophy for its Cultural Diversity program for cities over 400,000 in population by the National Black Caucus. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 2 of 21 Council Member Silcox announced that the Bond Package was approved one month ago and was a website was created that listed all the projects. He stated that citizens could look for a particular project and find out status and added that the system was very user-friendly. Council Member Lane announced that there would be an airshow at the Joint Naval Reserve Base and urged everyone to attend and show their support. He further stated that he was glad to see former Council Member Louis Zapata had recouperated from his illness. Mayor Moncrief stated that he attended the BRAC Committee meeting at NASA and that he felt that the meeting went extremely well. Mayor Pro tempore McCloud announced that there would be a free gospel concert Saturday, March 13, 2004 at East St. Paul Baptist Church, 5300 Oakland, from 6:30 p.m. to 9:00 p.m. Mayor Moncrief recognized Cub Scouts and Webelos from Den 5 and Pack 434 of North Richland Hills, who were attending the Council meeting working on their citizenship badge. Each member was presented with a City pin. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. G-14290 be withdrawn from the consent agenda. City Manager Jackson requested that Mayor and Council Communication No. G-14291 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-19985 be continued until April 13, 2004. Staff Council Member Stevenson requested that Zoning Docket No. ZC- 03-228 and SP-03-037 be continued until March 23, 2004. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 3 of 21 Appointments Council Member Haskin advised Council that the Government and Neighborhood Resources Committee appointed James Fender and Kenneth Moczulski as members of the Downtown Design and Review Committee instead of alternate members, effective March 11, 2004, and with a term of office expiring October 1, 2005. C.P. #238 There was presented Council Proposal No. 238 proposing that the Continued for City Council rename Houston Street to Albert E. Chew Drive Two Weeks requested by Shiloh Baptist Church. Council Member Lane made a motion, seconded by Council Member Picht, that the proposal be continued for two weeks. The motion carried unanimously. C.P. #240 There was presented Council Proposal No. 240 proposing that the Continued for City Council waive the Zoning Application Fee for Cathedral of Two Weeks Faith Church of God in Christ, 5500 House-Anderson Road. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the proposal be continued for two weeks. The motion carried unanimously. C.P. #241 There was presented Council Proposal No. 241 proposing that the Moratorium on City Council instruct City staff not to issue zoning citations for Enforcement of residential carports for an additional 60 days; and instruct City Regulations on staff not to accept requests for variances from the zoning Residential ordinance for carports for an additional 60 days, with the Carports understanding that no citations will be issued for such carports pending consideration by the City Council of amendments to the zoning ordinance concerning carports; and upon request and concurrence of the applicant, instruct City staff to seek a continuance for an additional 60 days of requests for variances from the zoning ordinance for carports that are currently pending before the Board of Adjustment, with the understanding that no citations will be issued for such carports pending consideration by the City Council of amendments to the zoning ordinance concerning carports. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. OCS-1404 There was presented Mayor and Council Communication No. OCS- Claims 1404 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 4 of 21 Public Hearing It appeared that the City Council at its meeting of January 27, 2004, continued the public hearing concerning the 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 closed, and called attention to Mayor and Council Communication No. G-14228 as follows: G-14228 There was presented Mayor and Council Communication No. G- (Revised) 14228 (Revised), dated January 27, 2004, from the City Manager Continued to recommending that the City Council adopt amendments to the April 13, 2004 Subdivision 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. Joe Howell Mr. Joe Howell, 9285 Huntington Sq., North Richland Hills, representing the Greater Fort Worth Homeowner's Association, appeared before Council in support of the amendment. He stated that the association supported the Development Standard Task Force's recommendation to eliminate the developer's financial guarantee for the installation of sidewalks on residential lots and require installation of sidewalks by the homebuilder concurrently with home construction. He added that financial guarantees were presently being held indefinitely and thereby placed a strain on the developer. He also requested that Council consider the placement of a timeframe in which to have the sidewalks installed. There being no one else desiring to be heard in connection with the public hearing concerning amendments to the Subdivision Ordinance, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing and Mayor and Council Communication No. G-14228 be continued until April 13, 2004. The motion carried unanimously. G-14287 There was presented Mayor and Council Communication No. G- Professional 14287 from the City Manager recommending that the City Council Services authorize the City Manager to execute a professional services Contract with contract with the ETC Institute for the design, administration, ETC Institute for execution and analysis of a survey of Fort Worth citizens' attitudes, 2004 City of Fort opinions and preferences regarding the quality, desired quantity Worth Citizen and priority of City services, at a cost not to exceed $46,040.00. It Survey was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 5 of 21 G-14288 There was presented Mayor and Council Communication No. G- Ord. #15903 14288 from the City Manager recommending that the City Council Accept Cowtown accept donations totaling $39,410.00 for the Cowtown Brush Up Brush Up project; and adopt Appropriation Ordinance No. 15903 increasing Project estimated receipts and appropriations in the Special Trust Fund in Contributions the amount of $39,410.00 from available funds for the purpose of funding the Cowtown Brush Up Paint Program. It was the consensus of the City Council that the recommendation be adopted. G-14289 There was presented Mayor and Council Communication No. G- Res. #3053 14289 from the City Manager recommending that the City Council File a Lawsuit authorize the City Attorney to file a lawsuit against Salvador against Salvador Garcia, Daniel L. Lance, Edward Wesley Lee, and John Travis Garcia, Daniel L. Scholeman; and adopt Resolution No. 3053 authorizing the City Lance, Edward Attorney to file a lawsuit to recover overpayments made to Wesley Lee, & Salvador Garcia, Daniel L. Lance, Edward Wesley Lee and John John Travis Travis Scholeman. It was the consensus of the City Council that Scholeman the recommendation be adopted. G-14290 There was presented Mayor and Council Communication No. G- Ord. #15904 14290 from the City Manager recommending that the City Council FY2003 Year adopt Supplemental Appropriation Ordinance No. 15904 increasing End Budget appropriations in the General Fund by $6,783,612.00 and Adjustments decreasing the unreserved, undesignated General Fund balance by the same amount for the purpose of funding Fiscal Year 2003 Year End Budget Adjustments. Council Picht stated that Page 2 of the Discussion section of the M&C, second paragraph under the heading "Transfers Out", needed to be amended to correct that revenue collections were slightly "over" budget versus "under" budget as reflected. Council Member Picht made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G- 14290 be adopted, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 6 of 21 G-14291 There was presented Mayor and Council Communication No. G- Ord. #15905 14291 from the City Manager recommending that the City Council Application of consider and adopt the findings and opinions of the City staff as Shooting Star presented; and find that the public necessity and convenience Limousines, LLC require the operation of six (6) limousines upon the City streets, to Operate Six alleys and thoroughfares; and adopt Ordinance No. 15905 granting Limousines to Shooting Star Limousines, LLC, the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of six limousines for a period beginning on March 16, 2004, and ending on March 15, 2009; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Shooting Star Limousine, LLC; and providing for an effective date. City Manager Jackson advised Council that the ordinance needed to be amended to reflect the correct beginning and ending dates of "March 15, 2004 and March 14, 2009" and not "March 16, 2004 and March 15, 2009." Council Member Stevenson made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G- 14291 be adopted, as amended. The motion carried unanimously. G-14292 There was presented Mayor and Council Communication No. G- Reduce Pet 14292 from the City Manager recommending that the City Council Registration Tag continue support of annual low cost rabies vaccination clinics in Fee for Low Cost Community Development Block Grant target areas and other low- Rabies income areas of the City by reducing the Public Health Vaccination Department's pet registration tag fee during FY2003-2004 from Clinics $7.00, to $4.00, for these vaccination clinics. It was the consensus of the City Council that the recommendation be adopted. G-14293 There was presented Mayor and Council Communication No. G- Ord. #15906 14293 from the City Manager recommending that the City Council Sale of Water & adopt Appropriation Ordinance No. 15906 increasing estimated Sewer Revenue receipts and appropriations in the Water and Sewer Capital Project Bonds, Series Fund in the amount of $50,800,000.00 from the sale of Revenue 2004 for Water Bonds, Series 2004 for the purpose funding water and sewer and Sewer infrastructure. It was the consensus of the City Council that the Infrastructure recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 7 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the proposed amendment to the Master Thoroughfare Plan, MT-04-001, to realign and reclassify Hemphill Street and McAlister Road, south of FM1187. 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, called attention to Mayor and Council Communication No. G-14294 as follows: G-14294 There was presented Mayor and Council Communication No. G- Realignment & 14294 from the City Manager recommending that the City Council Reclassification adopt the proposed amendment to the Master Thoroughfare Plan, of Hemphill St. & MT-04-001, to realign and reclassify Hemphill Street and McAlister McAlister Rd., Road, south of FM1187. South of FM 1187 (MT-04-001) There being no one present desiring to be heard in connection with the public hearing concerning the proposed amendment to the Master Thoroughfare Plan, MT-04-001, to realign and reclassify Hemphill Street and McAlister Road, south of FM1187, Council Member Picht made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14294 be adopted. The motion carried unanimously. P-9929 There was presented Mayor and Council Communication No. P- Diesel Fuel 9929 from the City Manager recommending that the City Council: 1. Authorize a purchase agreement for diesel fuel with primary and secondary vendors for the City of Fort Worth and Interlocal Agreements with various Dallas/Fort Worth metropolitan area governmental entitles. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price Information Service) Daily Net Average Price per gallon, sent at 10:00 A.M. Central Standard Time for the day the fuel is delivered. Payment is due 30 days from the date the invoice is received, the City takes ownership at the City's storage tank, and freight is not charged; and 2. Authorize the primary award for diesel fuel to Martin Eagle Oil Company, and the secondary award to Lucky Lady Oil Company; and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 8 of 21 3. Authorize the City Manager to enter into Interlocal Purchase Agreements with various Dallas/Fort Worth metropolitan area governmental entities, as requested, based on the same prices, terms and conditions of the original agreement; and 4. Authorize this agreement to begin March 9, 2004, and expire March 8, 2005, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13772 There was presented Mayor and Council Communication No. L- Utility Easement 13772 from the City Manager recommending that the City Council & Construction approve the acceptance of one permanent utility easement and one Easement temporary construction easement described as portion of Lots 21 and 22, and Lots 14 through 22, Block V, Daggetts Addition from Tarrant County College District for property located at the northwest corner of Throckmorton Street and Fifteenth Street (DOE 4007) necessary for the construction, operation, maintenance, and repair of water and sanitary sewer lines in preparation for realignment of the Throckmorton Street and Lancaster Avenue intersection for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-13773 There was presented Mayor and Council Communication No. L- Lease 13773 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a Lease Agreement with Blake Picquet Blake Picquet, an individual, for T-Hangar Unit 24S-6 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13774 There was presented Mayor and Council Communication No. L- Access 13774 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a five (5) year extension to Fort Worth the Access Agreement, and continue to waive the access fees, for Vintage Flying the Fort Worth Vintage Flying Museum, Inc. at Fort Worth Meacham Museum, Inc. International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 9 of 21 PZ-2522 There was presented Mayor and Council Communication No. PZ-2522 Ord. #15907 from the City Manager recommending that the City Council adopt Vacate Portion of Ordinance No. 15907 vacating and extinguishing a portion of West West View View Avenue Right-of-Way containing 695 square feet situated in Lots Avenue, Adjacent 1-R and 2-R, Block 6, Trinity Heights Addition, Fort Worth, Tarrant to Lots 1-R & 2-R, County, Texas; providing for reversion of fee in said land; the Block 6, Trinity retainment of existing utility easements; repealing all ordinances in Heights Addition conflict herewith; and providing an effective date. It was the (VA-03-027) consensus of the City Council that the recommendation be adopted. C-19985 It was the consensus of the City Council that Mayor and Council Continued to Communication No. C-19985, Interlocal Agreement with the Fort April 13, 2004 Worth Transportation Authority for the City to provide street maintenance services, be continued until April 13, 2004. C-19989 There was presented Mayor and Council Communication No. C-19989 Women's Second from the City Manager recommending that the City Council reallocate Chance, Inc. $20,000.00 out of 2003 Home Affordable Housing Development Fund to complete the rehabilitation and renovation of Women's Second Chance, Inc.'s Parkdale Avenue Transitional Housing project; and authorize the City Manager to amend City Secretary Contract No. 25738 with Women's Second Chance, Inc., and to further amend, renew or extend such contract as necessary to complete the project. It was the consensus of the City Council that the recommendation be adopted. C-19990 There was presented Mayor and Council Communication No. C-19990 Ord. #15908 from the City Manager recommending that the City Council authorize Jackson the transfer of $399,202.75 from the Water and Sewer fund to the Construction, Water Capital Project Fund in the amount of $136,318.00, and the Ltd. Sewer Capital Project Fund in the amount of $262,884.75; and adopt Appropriation Ordinance No. 15908 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $136,318.00 and the Sewer Capital Project Fund in the amount of $262,884.75 from available funds for the purpose of funding and award of contract to Jackson Construction, Ltd., for Lancaster Avenue water main and sanitary sewer main improvements (TxDOT right-of-way to Lamar Street and on Throckmorton Street from 13th Street to Lancaster Avenue), Unit II; and authorize the City Manager to execute a contract with Jackson Construction, Ltd. in the amount of $356,302.75 for Lancaster Avenue water main and sanitary sewer main improvements (TxDOT right-of-way to Lamar Street and on Throckmorton Street from 13th Street to Lancaster Avenue), Unit II. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 10 of 21 C-19991 There was presented Mayor and Council Communication No. C- S. J. Louis 19991 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute a contract with S. J. Louis Texas Ltd., LLP Construction of Texas Ltd., LLP in the amount of $1,430,385.15 for the construction of a 16-inch water line along North Tarrant County Parkway from IH-35W to Park Vista Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-19992 There was presented Mayor and Council Communication No. C- Ord. #15909 19992 from the City Manager recommending that the City Council American authorize the City Manager to execute a contract with American Environmental Environmental Specialties, Inc. for asbestos abatement services of Specialties, Inc. Hangar 11N at Fort Worth Meacham International Airport; and approve the transfer of $36,425.00 in undesignated funds in the Environmental Management Fund to the Environmental Management Project Fund; and adopt Appropriation Ordinance No. 15909 increasing estimated receipts and appropriations in the Environmental Management Fund in the amount of $36,425.00 from available funds, for the purpose of funding a contract with American Environmental Specialties for asbestos abatement service of Hangar 11 North at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19993 There was presented Mayor and Council Communication No. C- City of Benbrook 19993 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with the City of Benbrook for the design and construction of the Walnut Creek Sanitary Sewer Interceptor. It was the consensus of the City Council that the recommendation be adopted. C-19994 There was presented Mayor and Council Communication No. C- Ord. #15910 19994 from the City Manager recommending that the City Council U.S. Fish & adopt Appropriation Ordinance No. 15910 increasing estimated Wildlife Service receipts and appropriations in the Municipal Golf Fund in the amount of $5,000.00 from available funds for the purpose of funding a contract with U.S. Fish and Wildlife Service for restoration of native grassland and riparian habitat at Rockwood Golf Course; and authorize the City Manager to enter into a contract with the U.S. Fish and Wildlife Service in an amount not to exceed $5,000.00 for restoration of native grassland and riparian habitat at Rockwood Golf Course. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 11 of 21 C-19995 There was presented Mayor and Council Communication No. C- Charles W. 19995 from the City Manager recommending that the City Council Evans authorize the City Manager to enter into a seven-month contract agreement with Charles W. Evans for personal services involving consultation with the City of Fort Worth, and representation of the City before the state legislature, state agencies, and the Office of the Governor; and approve a term for the recommended contract from March 1, 2004, to September 30, 2004, with a one-year option to renew at the same terms and conditions. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3044 was Hearing adopted on February 17, 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 February 20, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-228 Council Member Stevenson made a motion, seconded by Council SP-03-037 Member Silcox, that the application of Christ Chapel Bible Church Continued until for a change in zoning of property located in the 3600-3700 blocks March 23, 2004 of Birchman Avenue from "PD-449" Planned Development for church and parking and "B" Two-Family to "PD/SU" for all uses allowed in "B" Two-Family plus church related expansion and parking, Zoning Docket No. ZC-03-228 and Site Plan No. SP-03-037, be continued until March 23, 2004. The motion carried unanimously. ZC-03-274 It appeared that the City Council, at its meeting of February 10, SP-04-005 2004, continued the hearing of the application of Shafi Mohammed Approved Munaf for a change in zoning of property located at 1608 and 1616 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. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 12 of 21 There being no one present desiring to be heard in connection with the application of Shafi Mohammed Munaf, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-274 and Site Plan No. SP-04-005 be approved, as amended, by placing a six foot height limitation, no signage in the window of the retail space, and a gate to be constructed around the dumpster on the area facing Maddox. The motion carried unanimously. ZC-03-286A It appeared that the City Council, at its meeting of January 27, Continued until 2004, continued the hearing of the Text Amendment concerning March 23, 2004 parking lot design standards, Zoning Docket No. ZC-03-286A. 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 Lane made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC- 03-286A be continued until March 23, 2004. The motion carried unanimously. ZC-03-286C It appeared that the City Council set today as the date for a hearing Ord. #15911 for Zoning Docket No. ZC-03-286C, Text Amendment concerning Text Amendment parking requirements in the "A-5" One-Family District and parking Approved requirements for certain multifamily, commercial and institutional uses. 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 Stevenson, that the Zoning Hearing be closed, and Zoning Docket No. ZC-03-286C be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 13 of 21 ORDINANCE NO. 15911 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, AMENDING SECTION 4.705 TO REQUIRE TWO PARKING SPACES BEHIND THE FRONT BUILDING LINE FOR ONE-FAMILY DWELLINGS IN THE "A-5" ONE-FAMILY DISTRICT; AMENDING SECTION 6.201 TO REVISE PARKING REQUIREMENTS FOR MULTI-FAMILY DWELLINGS, PLACES OF WORSHIP, SCHOOLS, COMMERCIAL BUSINESSES, OFFICES, RESTAURANTS, WALKUP BUSINESSES, THEATERS AND PLACES FOR PUBLIC ASSEMBLY; 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-03-2861 It appeared that the City Council set today as the date for a hearing Continued until for Zoning Docket No. ZC-03-2861, Text Amendment increasing May 11, 2004 maximum permitted lot coverage in the "A-5" One-Family District. Mayor Moncrief asked if there was anyone present desiring to be heard. Randell Means Mr. Randell Means, 1941 Berkeley Place, appeared before Council and expressed opposition to Zoning Docket No. ZC-03-2861. He stated that he was concerned about the density of the structure, and advised Council that the character of the neighborhood was being eroded. 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 Zoning Docket No. ZC- 03-2861 be continued until May 11, 2004. ZC-03-295 It appeared that the City Council, at its meeting of January 13, Delayed until 2004, continued the hearing of the application of Dorcas E. Benson End of Meeting for a 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. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 14 of 21 Council Member Davis requested that Council be provided with additional information relative to this project. There being no one present desiring to be heard in connection with the application of Dorcas E. Benson, Council Member Moss made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03-295 be delayed until the end of the meeting. The motion carried unanimously. ZC-03-322 It appeared that the City Council, at its meeting of January 13, Continued until 2004, continued the hearing of the Text Amendment regulating April 13, 2004 home occupations, Zoning Docket No. ZC-03-322. 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 Mayor Pro tempore McCloud, that Zoning Docket No. ZC-03-322 be continued until April 13, 2004. The motion carried unanimously. ZC-04-001 It appeared that the City Council, at its meeting of February 10, Approved 2004, continued the hearing of the application of Van-Tex Properties, L.P. for a change in the 8400 block of Oak Grove Road from "F" General Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-001. 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 Van-Tex Properties, L.P., Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04- 001 be approved. The motion carried unanimously. ZC-04-018 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Fort Worth Country Day School, Inc. for a change in zoning of property located at 4200 Country Day Lane from "CF" Community Facilities and "A-5" One- Family to "PD/E" Planned Development/Specific Use for uses in "E" Neighborhood Commercial, with exceptions, plus health or recreation club and college or university (site plan required); and "PD/G" Planned Development/Specific Use for all uses in "G" Intensive Commercial, with exceptions (waiver of site plan recommended), Zoning Docket No. ZC-04-018, be approved as amended to include site plan required. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 15 of 21 ZC-04-020 It appeared that the City Council, at its meeting of February 10, Approved 2004, continued the hearing of the application of Virginia M. Purcell/Diane Purcell Dean/Elizabeth A. Potter for a change in the 400-500 block of FM 1187 from "E" Neighborhood Commercial and "O-M" Office Midrise to "PD/SU" Planned Development/Specific Use for all uses in "FR" Restricted Commercial except tattoo parlors and pawn shops and waiver of site plan recommended, Zoning Docket No. ZC-04-020. Mayor Moncrief asked if there was anyone present desiring to be heard. Dennis Hopkins Mr. H. Dennis Hopkins, representing the applicant, appeared before Council and requested favorable consideration. He stated that the preliminary plat would be the final plat. There being no one else present desiring to be heard in connection with the application of Virginia M. Purcell/Diane Purcell Dean/Elizabeth A. Potter, Council Member Picht made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-020 be approved. The 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-04-025 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of Glenn and Patricia Polenz for a change in zoning of property located at 2424 College Avenue from "A-5/DD" One-Family/Demolition Delay to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC- 04-025, be approved. The motion carried unanimously. ZC-04-026 It appeared that the City Council, at its meeting of February 17, Approved 2004, continued the hearing of the application of Gerald P. Gumbert for a change in zoning of property located at 2440 Lofton Terrace from "A-5" One-Family to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-04-026. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 16 of 21 There being no one present desiring to be heard in connection with the application of Gerald P. Gumbert, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-026 be approved. The motion carried unanimously. ZC-04-027 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of John D. Angle and Joel Burns for a change in zoning of property located at 2420 South Adams Street from "A-5/DD" One-Family/Demolition Delay to "A- 5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-03-027, be approved. The motion carried unanimously. ZC-04-028 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of Stephen D. and Sharon S. Clyde for a change in zoning of property located 2425 South Adams Street from "A-5" One-Family to "A-5/HC" One- Family/Historic and Cultural Landmark, Zoning Docket No. ZC-04- 028, be approved. The motion carried unanimously. ZC-04-029 It appeared that the City Council set today as the date for a hearing Ord. #15912 for Zoning Docket No. ZC-04-029, Text Amendment allowing three Text Amendment mobile vending units at large grocery stores with special exception Approved approval by the Board of Adjustment. 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 Stevenson, that the Zoning Hearing be closed, Zoning Docket No. ZC-04-029 be approved, and the following ordinance be adopted: ORDINANCE NO. 15912 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 SECTION 5.406.C.15 TO ALLOW THREE MOBILE VENDING UNITS AT LARGE GROCERY STORES WITH SPECIAL EXCEPTION APPROVAL BY THE BOARD OF ADJUSTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 17 of 21 ZC-04-032 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Mr. and Mrs. Charles Hill for a change in zoning of property located at 715 Pennsylvania Avenue from "MU-1/DD" Low Intensity Mixed-Use/Demolition Delay to "MU- 1" Low Intensity Mixed-Use, Zoning Docket ZC-04-032, be approved. The motion carried unanimously. ZC-04-036 Mr. Jim Schell, 901 Fort Worth Club Building, representing the SP-04-008 applicant, appeared before Council in support of the zoning Approved change. He stated that the builder would build in four phases Jim Schell instead of all at once. Council Member Silcox made a motion, seconded by Council Member Davis, that the application of R/D LPC II., LTD for a change in zoning of property located in the 3600 block of River Bend from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for condominium quadplexes, Zoning Docket No. ZC-04-036 and Site Plan No. SP-04-008, be approved. The motion carried unanimously. SP-04-010 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Ricky Seely for a change in zoning of property located 4008 and 4012 Ohio Garden Road for a site plan for a Recreational Vehicle Park (See ZC-03-209), Zoning Docket No. SP-04-010, be approved. The motion carried unanimously. Reconsider Council Member Davis requested that Zoning Docket No. ZC-04-032 ZC-04-032 be reconsidered at this time. The motion was seconded by Mayor Pro tempore McCloud. The motion carried unanimously. ZC-04-032 Council Member Davis stated that this property was located in Approved District 9 instead of District 8 and that there was a historical house on the aerial shot that was provided in the zoning book. Mr. Fernando Costa, Director of Planning, appeared before Council and stated that this was a vacant lot as the house had been demolished. Mayor Pro tempore Davis made a motion, seconded by Council Member Silcox, that the application of Mr. and Mrs. Charles Hill for a change in zoning of property located at 715 Pennsylvania Avenue from "MU-1/DD" Low Intensity Mixed-Use/Demolition Delay to "MU- 1" Low Intensity Mixed-Use, Zoning Docket ZC-04-032, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 18 of 21 ZC-03-265 It appeared that the City Council, at its meeting of February 10, Continued until 2004, continued the hearing of the Text Amendment regulating April 13, 2004 fences, Zoning Docket No. ZC-03-265. 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 Zoning Docket No. ZC- 03-265 be continued until April 13, 2004. The motion carried unanimously. ZC-03-284 Council Member Silcox made a motion, seconded by Council SP-03-047 Member Stevenson, that the application of Waste Management of Denied With Texas, Inc. for a change in zoning of property located in the 3700 Prejudice block of Linkcrest Drive from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a refuse transfer station, Zoning Docket No. ZC-03-284 and Site Plan No. SP-03-047, be denied with prejudice. The motion carried unanimously. ZC-04-013 Mr. Jim Schell, 901 Fort Worth Club Building, representing the Returned to City applicant, appeared before Council and advised Council of the Zoning situation of Mr. Renfro and requested that the Zoning case be Commission for returned the City Commission for rehearing. Rehearing Jim Schell Council Member Picht made a motion, seconded by Council Member Silcox, that the application of Rolling Hills Property Limited Partnership for a change in zoning of property located in the 7300-7400 blocks of McCart Avenue from "E" Neighborhood Commercial to "FR" General Commercial Restricted (see Letter of Appeal), Zoning Docket No. ZC-04-013, be returned to the City Zoning Commission for rehearing. The motion carried unanimously. ZC-04-023 Mr. Bob Riley appeared before Council and advised them that since Denied Without no appeal letter was filed on Zoning Docket No. ZC-04-023, the only Prejudice choices would be to deny with or without prejudice. He also informed Council that the application fee would have to be paid to file the application again, and if Council wanted to waive the fee, that he would be reimbursed the fee. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Randy and Ronny Ruiz for a change in zoning of property located at 3029 NE 28th Street from "B" Two-Family and "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-023, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 19 of 21 ZC-04-024 Ms. Gale Cupp, 9225 Heron, representing the South Lake Worth Denied without Neighborhood Association, appeared and expressed opposition to Prejudice the encroachment of any further encroachment of commercial Gale Cupp zoning into the community. Mark Rosenfield Mr. Mark Rosenfield, 2404 Indian Cove, and Mr. James Quave, 1620 James Quave Las Vegas Trail North, appeared in opposition to the denial of Zoning Docket No. ZC-04-024. Mr. Bob Riley appeared before Council and advised them that since an appeal letter was filed on Zoning Docket No. ZC-04-024, the Council could either send the case back for rehearing, set for a special hearing, or deny the zoning case. Council Member Stevenson made a motion seconded by Council Member Davis, that the application of James R. Quave for a change in zoning of property located at 1700 Las Vegas Trail North from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus miniwarehouse with on-site living quarters and waiver of site plan requested (see Letter of Appeal), Zoning Docket No. ZC-04-024, be denied without prejudice. The motion carried unanimously. ZC-03-313 Mr. Mark Donohue, 8101 Boat Club Road, appeared before Council SP-04-003 and expressed opposition to the denial of zoning Docket No. ZC- Returned to City 03-313 and SP-04-003. He clarified the position of the applicant Zoning and stated that they were willing to not allow alcohol sales and no Commission for auto repairs. Rehearing Mark Donohue Council Member Stevenson made a motion, seconded by Council Member Davis, that the application of Eagle One Engineers, Inc. for a change in zoning of property located in the 7100 block of Eagle 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 returned to the City Zoning Commission for rehearing. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 20 of 21 ZC-03-295 It appeared that the City Council, at its meeting of January 13, Approved 2004, continued the hearing of the application of Dorcas E. Benson for a 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. 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 recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted with amendments as follows: Homes would have a 30-foot minimum entry and be 1,800 to 3,300 square feet. Masonry brick construction would be 100 percent coverage on one-story homes and 70 percent coverage on two story homes (the remaining coverage would be a masonry material such as stone, stucco, or Hardi-board siding); roof composition would be of 30-year Architectural/Dimensional Grade Shingle; and waiver of site plan. ORDINANCE NO. 15913 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 11, 2004 PAGE 21 of 21 Citizen Mr. Francisco Hernandez, 2108 Alston Avenue, appeared before the Presentations City Council and stated that the businesses located in the homes were the individuals' sanctuary and their own privacy and requested that Council not regulate home businesses. Adjournment There being no further business, the meeting was adjourned at 8:53 p.m. alb,4 'i CITY SECRETARY MAYOR