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HomeMy WebLinkAbout2004/05/11-Minutes-City Council CITY COUNCIL MEETING MAY 11, 2004 Date & Time On the 11th day of May, 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, 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 Minister Patty Weaver, Alta Mesa Church of Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Haskin, the minutes of the regular meeting of May 4, 2004, were approved unanimously. Special Council Member Davis presented a Proclamation for Isaac Joseph Presentations Johnson Day. Mayor Moncrief presented a Proclamation for Wendy Davis Day to Council Member Davis to commemorate her birthday May 16, 2004. Mayor Moncrief presented a Proclamation for John Stevenson Day to Council Member Stevenson to commemorate his birthday May 17, 2004. Announcements Council Member Lane congratulated Dallas City Manager Ted Benavides on his selection of David Kunkle as Chief of Police. He stated that he had worked with Chief Kunkle previously and knew he would be a great asset to the City of Dallas. Council Member Davis and Mayor Moncrief congratulated Council Member Silcox for conducting a very successful Diabetes fundraiser last weekend. Council Member Silcox expressed appreciation for the acknowledgement and stated that the event was very well attended and funds had been raised in excess of what was anticipated. He thanked the Diabetes Association for there efforts and also the Mootown Rockers for donating their time to provide music for the event and urged everyone to get their blood sugar tested by their doctor. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 2 of 28 Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. P-9958 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Haskin, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin stated that the Fort Worth Human Relations Commission had two vacancies and encouraged interested individuals to apply through their Council representative or by going on-line and downloading the Board and Commission application. C.P. #238 There was presented Council Proposal No. 238, dated March 11, Withdrawn 2004, proposing that the City Council rename Houston Street to Albert E. Chew Drive at the request of Shiloh Baptist Church. Council Member Lane made a motion, seconded by Council Member Moss, that the Council Proposal be withdrawn. The motion carried unanimously. Submit Property There was presented a resolution authorizing the Historic for Historic & Preservation Officer to submit to the Historic and Cultural Cultural Landmarks Commission the nomination of property located at 1604 Landmark Eighth Avenue for Historic and Cultural Landmark Overlay Zoning Overlay Zoning Designation. Council Member Davis made a motion, seconded by Designation — Council Member Silcox, that the resolution be continued for two Continued for weeks. The motion carried unanimously. Two Weeks OCS-1416 There was presented Mayor and Council Communication No. OCS- Claims 1416 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. OCS-1417 There was presented Mayor and Council Communication No. OCS- Payment to 1417 from the Office of the City Secretary recommending that the Tarrant County City Council approve the payment to Tarrant County for Election for Election Services provided during the February 7, 2004 Capital Services for Improvement Program (CIP) Election. Council Member Moss made February 7, 2004 a motion, seconded by Council Member Lane, that the resolution CIP Election be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 3 of 28 G-14351 There was presented Mayor and Council Communication No. G- Res. #3078 14351 from the City Manager recommending that the City Council Increase authorize the City Manager to adopt Resolution No. 3078 fixing in Maximum advance, as far as practical, the amount to be paid to outside legal Amount to be counsel Alan Glen and other attorneys in the firm of Smith, Paid to Smith, Robertson, Elliott and Glen an additional $30,000.00 making the Robertson, Elliot total amount to be paid to Smith, Robertson, Elliot and Glen not to & Glen for exceed $90,000.00 for assistance in legal issues concerning SH121T Legal SH121T. It was the consensus of the City Council that the Assistance recommendation be adopted. G-14352 There was presented Mayor and Council Communication No. G- Extend Injury 14352 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave pay benefits for Police Officer Absence Pay Richard Radwan. It was the consensus of the City Council that the Benefits for recommendation be adopted. Police Officer Richard Radwan G-14353 There was presented Mayor and Council Communication No. G- Ord. #15972 14353 from the City Manager recommending that the City Council Authorize Silver consider and adopt the findings and opinions of the city staff; and West Inc., d/b/a find that public necessity and convenience require the operation of Silver West eleven (11) limousines upon the city streets, alleys and Limousines to thoroughfares; and adopt Ordinance No. 15972 granting to Silver Operate Eleven West Inc., d/b/a Silver West Limousines, the privilege to use the Limousines streets, alley and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of eleven limousines for a period beginning on May 18, 2004, and ending on May 17, 2009; specifying the terms and conditions of the grant; providing for written acceptance by Silver West Inc., d/b/a Silver West Limousines, such ordinance being subject to and conditioned upon Silver West Inc., d/b/a Silver West Limousines complying with all requirements of Article IV, Chapter 34, of the City of Fort Worth Code (2203), as amended. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 4 of 28 G-14354 There was presented Mayor and Council Communication No. G- Res. #3079 14354 from the City Manager recommending that the City Council File Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Civil Practice and Remedies Lawsuit Against Code against Nitinbhai Patel, the owner of the Cowboy Inn located Owner of at 3107 North Main Street, Fort Worth, Texas 76106. The Cowboy Cowboy Inn at Inn located at 3107 North Main Street is an alleged common 3107 North Main nuisance under the law since it is habitually used for criminal Street activity as defined in Chapter 125 of the Texas Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 3079 authorizing the City Attorney to file a lawsuit to abate the common or public nuisance at the Cowboy Inn located at 3107 North Main Street. City Attorney Yett stated that the Discussion section of the M&C needed to be amended to delete the reference to the "Ranch Motel" and replace it with the "Cowboy Inn." Council Member Davis made a motion, seconded by Council Member Haskin, that the Mayor and Council Communication No. G- 14354 be adopted as amended. The motion carried unanimously. G-14355 There was presented Mayor and Council Communication No. G- Res. #3080 14355 from the City Manager recommending that the City Council File Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Practice and Remedies Code Lawsuit Against against Archana Patel & Mina Zaveri, the owners of the Sunrise Inn Owners of located at 3518 North Main Street, Fort Worth, Texas 76106. The Sunrise Inn at Sunrise Inn located at 3518 North Main Street is an alleged 3518 North Main common nuisance under the law, because it is habitually used for Street criminal activity as defined in Chapter 125 of the Texas Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 3080 authorizing the City Attorney to file a lawsuit to abate the common or public nuisance at the Sunrise Inn located at 3518 North Main Street. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 5 of 28 G-14356 There was presented Mayor and Council Communication No. G- Res. #3081 14356 from the City Manager recommending that the City Council File Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Practice and Remedies Code Lawsuit Against against Kapka Corporation and Ken Patel Masters, the owners of Owners of Valley the Valley View Motel located at 2009 East Lancaster Ave., Fort View Motel at Worth, Texas. The Valley View Motel located at 2009 East 2009 East Lancaster Ave. is an alleged common nuisance under the law since Lancaster it is habitually used for criminal activity as defined in Chapter 125 Avenue of the Texas Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 3081 authorizing the City Attorney to file a lawsuit to abate the common nuisance at the Valley View Motel located at 2009 East Lancaster Ave. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14357 There was presented Mayor and Council Communication No. G- Res. #3082 14357 from the City Manager recommending that the City Council File Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Civil Practice and Remedies Lawsuit Against Code against Hagop Kofdarali, the owner of the Villa Del Rio Owner of Villa Apartments located at 5817 Boca Raton Blvd., Fort Worth, Texas. Del Rio The Villa Del Rio Apartments located at 5817 Boca Raton Blvd. are Apartments at an alleged common nuisance under the law because it is habitually 5817 Boca Raton used for criminal activity as defined in Chapter 125 of the Texas Boulevard Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 3082 authorizing the City Attorney to file a lawsuit to abate the common nuisance at the Villa Del Rio Apartments located at 5817 Boca Raton Blvd. Council Member Stevenson made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 6 of 28 G-14358 There was presented Mayor and Council Communication No. G- Initiate Certain 14358 from the City Manager recommending that the City Council Zoning Changes authorize the City Manager to initiate the rezoning of certain & Amendments property in the south end of Downtown from "J" Medium Industrial to Downtown to "H" Central Business District; and authorize the City Manager to Urban Design initiate an amendment to the Downtown Urban Design Standards Standards for and the special view corridor map as they apply to the Lancaster South End of Corridor Zone. Council Member Davis made a motion, seconded Downtown by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14359 There was presented Mayor and Council Communication No. G- Submit FY2004- 14359 from the City Manager recommending that the City Council 05 Funding authorize the City Manager to submit the City's FY2004-05 funding Application to application to the Crime Control and Prevention District (CCPD) CCPD Board of Board of Directors. Council Member Lane made a motion, Directors seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing regarding proposed amendments to the Land Use Assumptions, Capital Improvements Plan and Impact Fee Ordinance for water and wastewater. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Dale Fisseler, representing Water Department, appeared before Council, gave a staff report, stated that staff would request the City Council to adopt an ordinance amendment at a future Council meeting, and called attention to Mayor and Council No. 14360 as follows: G-14360 There was presented Mayor and Council Communication No. G- Amendments to 14360 from the City Manager recommending that the City Council Land Use conduct hearing regarding proposed amendments to the Land Use Assumptions, Assumptions, Capital Improvements Plan and Impact Fee Capital Ordinance for water and wastewater. Improvement Plan & Impact There being no one present desiring to be heard in the public Fee Ordinance hearing regarding proposed amendments to Land Use Assumptions, Capital Improvements Plan and Impact Fee Ordinance for water and wastewater, Council Member Stevenson made a motion, seconded by Council Member Haskin, that the public hearing be closed and Mayor and Council Communication No. G-14360 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 7 of 28 P-9954 There was presented Mayor and Council Communication No. P- Survey 9954, dated May 4, 2004, from the City Manager recommending that Equipment the City Council authorize the purchase of two Trimble model robotic total stations from Geoshack for the Engineering Department, Surveying Services Division, using the State of Texas Catalog Information Vendors process for the amount of $67,741.40, including freight cost to the receiving point with payment due 30 days from date of invoice. Council Member Picht made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. P-9955 There was presented Mayor and Council Communication No. P- Computer 9955 from the City Manager recommending that the City Council Hardware, authorize an amendment of M&C P-9845 to allow purchase Software & agreements with specific State of Texas Department of Information Communications Resources (DIR) vendors; and authorize purchase agreements for Equipment computer and communication equipment, hardware and parts in the amounts of $135,000.00 for Dell Marketing Ltd., $45,000.00 for Software House International, $65,000.00 for IBM Corporation, $95,000.00 for Hewlett Packard Company, $50,000.00 for Affiliated Telephone Equipment Inc., $55,000.00 for Presidio Corporation, $55,000.00 for Southwestern Bell Communications, $55,000.00 for Verizon and $75,000.00 for DIR Telecommunications Supply Division; and authorize the agreements to begin on May 11, 2004, and expire September 1, 2004 with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9956 There was presented Mayor and Council Communication No. P- Ord. #15973 9956 from the City Manager recommending that the City Council Computer authorize a purchase agreement for the purchase of computer Network network security software, software maintenance and staff training Security with DYONYX for the Information Technology Solutions Software NetIQ Department using the State of Texas Catalog Information Systems Vendors process for an estimated cost of $279,982.00; and authorize the renewal of a software maintenance agreement at a cost no greater than 18 percent of the current software list price to begin May 11, 2004, and expire May 10, 2005, with options to renew for two additional one-year periods; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 8 of 28 and adopt Appropriation Ordinance No. 15973 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $279,982.00 to be obtained through the City's Equipment Note Program approved on February 9, 1999, (M&C G- 12462) by Ordinance No. 13701 as amended, for the purpose of funding Computer Network Security Software NetIQ, Software Maintenance, and staff training from DYONYX for the Information Technology Solutions Department. It was the consensus of the City Council that the recommendation be adopted. P-9957 There was presented Mayor and Council Communication No. P- Building Code 9957 from the City Manager recommending that the City Council Books authorize a purchase agreement for building code books with International Code Council, for resale to the public, with payment due 30 days after receipt of invoice; and authorize this agreement to begin May 11, 2004, and expire May 10, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9958 There was presented Mayor and Council Communication No. P- Grounds 9958 from the City Manager recommending that the City Council Maintenance authorize a purchase agreement with Williams and Stroble through Services the Texas Industries for the Blind and Handicapped of Fort Worth to provide grounds maintenance services for the Parks and Community Services Department with payments due 30 days from the date of invoice; and authorize this agreement to begin May 11, 2004 and end on May 10, 2005. Mayor Moncrief stated that this was a reflection of staff going that extra mile and congratulated them on their efforts. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-9958 be adopted. The motion carried unanimously. City Attorney Yett stated that revised copies of PZ-2527 and PZ- 2528 were placed on the Council table. He added that the Council meeting agenda was printed and posted correctly; however, the number on these M&Cs were inadvertently switched. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 9 of 28 PZ-2527 There was presented Mayor and Council Communication No. PZ- Timetable for 2527 from the City Manager recommending that the City Council Proposed approve the annexation timetable for proposed voluntary Annexation for annexation for limited purposes of approximately 277.33 acres of Limited land, or .433 square miles (more or less) located north of Oakmont Purposes of Boulevard, west of Hulen Street, south of Overton Ridge Boulevard Approximately and east of Bryant Irvin Road in Tarrant County (AX-04-002), 277.33 Acres of Edwards Geren Limited) in compliance with the requirements of Land Located Chapter 43 of the Local Government Code of the State of Texas; North of and direct staff to comply with the statutory requirements for Oakmont Blvd., limited purpose annexation of the subject property. Council West of Hulen Member Silcox made a motion, seconded by Council Member St., South of Stevenson, that the recommendation be adopted. The motion Overton Ridge carried unanimously. Blvd. & East of Bryant Irvin Road in Tarrant County (AX-04- 002, Edwards Geren Limited) PZ-2528 There was presented Mayor and Council Communication No. PZ- Timetable for 2528 from the City Manager recommending that the City Council Proposed approve the annexation timetable for proposed voluntary Annexation of annexation of approximately 67.237 acres of land, or .105 square Approximately miles (more or less) located at the intersection of Hwy 287 and 67.237 Acres of Harmon Road, west of Harmon Road and north of Hwy 287 in Land Located at Tarrant County (AX-04-005, Quail Grove Addition, Phase 1) for full Intersection of purposes in compliance with the requirements of Chapter 43 of the Hwy 287 & Local Government Code of the State of Texas; and direct staff to Harmon Rd.; prepare a service plan that provides for the extension of full West of Harmon municipal services to the annexation area. Rd. & North of Hwy 287 in Tarrant County (AX-04-005, Quail Grove Addition, Phase 1) Greg Hughes Mr. Greg Hughes, 2544 Stadium Drive, appeared before Council in opposition of the proposed annexation. He expressed concern about an increase in legal fees relative to SH121T and inquired if the City had any environmental problem with the area. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 10 of 28 City Attorney Yett stated that the City was not aware of any environmental problems. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on changing the street names from East 18th Street, portions of Cypress Street, Chambers Street, and Pine Street to I.M. Terrell Circle South/North and I.M. Terrell Way (SN-04-001). Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. PZ-2529 as follows: PZ-2529 There was presented Mayor and Council Communication No. PZ- Ord. #15974 2529 from the City Manager recommending that the City Council SN-04-001 adopt Ordinance No. 15974 changing the name of the 1300-1499 Changing Street blocks of East 18th Street to "I.M. Terrell Circle South", the 1300- Names from E. 1499 blocks of Cypress Street and the 1700-1899 blocks of 18th St., Portions Chambers Street to "I.M. Terrell Circle North", the 1800-1999 blocks of Cypress S., of Cypress Street and the 2000-2299 blocks of Pine Street to "I.M. Chambers St., & Terrell Way", all which circle the I.M. Terrell School located in Fort Pine St. to I.M. Worth, Texas. Terrell Cir. S./N. & I.M. Terrell There being no one present desiring to be heard in the public Way hearing on changing the street names from East 18th Street, portions of Cypress Street, Chambers Street, and Pine Street to I.M. Terrell Circle South/North and I.M. Terrell Way (SN-04-001), Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. PZ-2529 be adopted. The motion carried unanimously. Mayor Pro tempore McCloud expressed appreciation to Mr. Frank Wallace and other members of the I.M. Terrell Alumni. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 11 of 28 C-20010 There was presented Mayor and Council Communication No. C- Ord. #15975 20010, dated March 23, 2004, from the City Manager recommending Ord. #15976 that the City Council adopt Appropriation Ordinance No. 15975 AUI Contractors, increasing appropriations in the Solid Waste Fund in the amount of L.P. $1,720,000.00 and deceasing the unreserved retained earnings by the same amount, for the purpose of transferring said funds to the Solid Waste Capital Improvements Fund; and authorize the transfer of $1,720,000.00 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund; and adopt Appropriation Ordinance No. 15976 increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund by $1,720,000.00 from available funds, for the purpose of funding an agreement with AUI Contractors for the design and construction of two Citizen Drop Off Stations; and approve the execution of a Design/Build Agreement with AUI Contractors, L.P. for two Citizen Drop Off Stations for a total cost not to exceed $1,500,000.00. Council Member Picht made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-20062 There was presented Mayor and Council Communication No. C- Change Order 20062 from the City Manager recommending that the City Council No. 1 to CSC authorize the City Manager to execute Change Order No. 1 to City #29101, Secretary Contract No. 29101 with JLB Contracting, LP in the JLB Contracting, amount of $195,852.50, for HMAC Surface Overlay 2003-19, LP increasing the total contract amount to $1,107,796.00. It was the consensus of the City Council that the recommendation be adopted. C-20063 There was presented Mayor and Council Communication No. C- Peachtree 20063 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd Construction, Ltd in the amount of $613,705.00, for working 60 days for HMAC Overlay 2004-11 at various locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 12 of 28 C-20064 There was presented Mayor and Council Communication No. C- Austin Bridge & 20064 from the City Manager recommending that the City Council Road, LP authorize the City Manager to execute a contract with Austin Bridge & Road, LP in the amount of $1,109,834.00, for 130 working days for HMAC Surface Overlay 2004-12 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20065 There was presented Mayor and Council Communication No. C- Austin Bridge & 20065 from the City Manager recommending that the City Council Road, LP authorize the City Manager to execute a contract with Austin Bridge & Road, LP in the amount of $1,065,376.00, for 130 working days for HMAC Surface Overlay 2004-14 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20066 There was presented Mayor and Council Communication No. C- TMD & 20066 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with TMD & Associates, Inc. in the amount of $908,685.00, for 130 working days for HMAC Surface Overlay 2004-15 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20067 There was presented Mayor and Council Communication No. C- JLB Contracting, 20067 from the City Manager recommending that the City Council LP authorize the City Manager to execute a contract with JLB Contracting, LP in the amount of $598,704.50 for 70 working days for HMAC Surface Overlay 2004-9 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20068 There was presented Mayor and Council Communication No. C- Change Order 20068 from the City Manager recommending that the City Council No. 4 to CSC authorize the City Manager to execute Change Order No. 4 to City 27871, Conatser Secretary Contract No. 27871 with Conatser Construction, Inc. in Construction, the amount of $58,590.00 to provide for increased pay item Inc. quantities, thereby increasing the contract amount to $5,823,241.10. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 13 of 28 C-20069 There was presented Mayor and Council Communication No. C- Rainier 20069 from the City Manager recommending that the City Council Construction authorize the City Manager to terminate City Secretary Contract No. Company 29586 with Rainier Construction Company and to readvertise the project for bids at the earliest possible convenience. It was the consensus of the City Council that the recommendation be adopted. C-20070 There was presented Mayor and Council Communication No. C- Stabile and Winn 20070 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Stabile and Winn Inc., in the amount of $546,818.50 for pavement improvements to Riverside Drive and Angle Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20071 There was presented Mayor and Council Communication No. C- Carter & 20071 from the City Manager recommending that the City Council Burgess, Inc. authorize an award of contract to Carter & Burgess, Inc., in the amount of $2,859,099.19, for Phase IV of the Program Management Services for the Runway Extension Project at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20072 There was presented Mayor and Council Communication No. C- Professional 20072 from the City Manager recommending that the City Council Assistance authorize the City Manager to execute a concessionaire agreement Services, d/b/a with Professional Assistance Services, d/b/a SkyMays Enterprises, SkyMays LP for the establishment and operation of a restaurant in the Enterprises, LP terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20073 There was presented Mayor and Council Communication No. C- Chiang, Patel & 20073 from the City Manager recommending that the City Council Yerby, Inc. authorize the City Manager to execute an amendment to the contract with Chiang, Patel & Yerby, Inc., for engineering services related to the installation of Water Department security improvements at treatment plants, increasing the cost by $69,900.00, for a total contract cost not to exceed $1,034,665.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 14 of 28 Public Hearing It appeared that the City Council set today as the date for a public hearing for designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 17 and Tax Abatement Agreement with Universal Health Services and related findings of fact by the City Council for properties located in the Woodhaven Neighborhood Empowerment Zone (NEZ). Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Sarah Odle, representing the Housing Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. C-20074 as follows: C-20074 There was presented Mayor and Council Communication No. C- Ord. #15977 20074 from the City Manager recommending that the City Council Universal Health hold a public hearing concerning the designation of 1.918 acres of Services vacant land as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 17; and adopt Ordinance No. 15977 designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 17, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Universal Health Services are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with Universal Health Services for the property in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in the public hearing for designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 17 and Tax Abatement Agreement with Universal Health Services and related findings of fact by the City Council for properties located in the Woodhaven NEZ, Council Member Haskin made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. C-20074 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 15 of 28 C-20075 There was presented Mayor and Council Communication No. C- Lumbermen's 20075 from the City Manager recommending that the City Council Investment authorize the City Manager to execute a Community Facilities Corp. Agreement with Lumbermen's Investment Corp. for the installation of community facilities for the Parks of Deer Creek, Section 3. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20076 There was presented Mayor and Council Communication No. C- HC Beck, LTD. 20076 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with HC Beck, Ltd., for the installation of community facilities for RadioShack Riverfront Campus. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Mayor Moncrief stated that Citizen Presentations reflected on the agenda would be heard at this time. Citizen Ms. Karen Foley, 3759 East Lancaster, appeared before Council Presentations relative to beautification of medians by citizens and the City's Karen Foley million dollar liability requirement. Mayor Moncrief stated that the liability requirement was a standard procedure in the City but that there was a waiver procedure. He requested that she speak with City Attorney Yett to resolve her concerns. Lucy Harroll Ms. Lucy Harroll, 5208 Hidden Oaks Lane, Arlington, Texas, appeared before Council relative to city beautification in Texas. ZC-03-2861 It appeared that the City Council, at its meeting of April 13, 2004, Text continued the hearing of the application of the Text Amendment Amendment increasing maximum permitted lot coverage in the "A-5" One- Denied Family District. 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-03-2861 be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 16 of 28 Regular Zoning It appeared to the City Council that Resolution No. 3069 was Hearing adopted on April 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 April 22, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-313 Council Member Stevenson made a motion, seconded by Council SP-04-003 Member Davis, that the application of the Estates of Eagle Approved Mountain for a change in zoning of property located at 7100 block of Eagle Ranch Boulevard, from "PD-358" & "R2" Townhouse/ Cluster Residential to "PD/SU" Planned Development/Specific Use for one-family residences on 40-foot lots with 5-foot side yards and "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with exceptions and site plan required, Zoning Docket No. ZC-03-313 and Site Plan No. SP-04-003, 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-03-320A It appeared that the City Council, at its meeting of April 13, 2004, SP-03-055 continued the hearing of the application of City of Fort Worth Continued Until Planning Department for a change in zoning of property located at June 1, 2004 2601 West 7t" Street, from "J" Medium Industrial to "PD/MU-2" Planned Development/High Intensity Mixed-Use, Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055. 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 City of Fort Worth Planning Department, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055 be continued until June 1, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 17 of 28 ZC-04-013 Council Member Picht made a motion, seconded by Council SP-04-021 Member Davis, that the application of Rolling Hills Property Limited Approved Partnership for a change in zoning of property located in the 7300- 7400 blocks of McCart Avenue, from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus car wash and excluding pawn shops and tattoo parlors, Zoning Docket No. ZC- 04-013 and Site Plan No. SP-04-021, be approved. The motion carried unanimously. ZC-04-019 It appeared that the City Council, at its meeting of April 13, 2004, Approved continued the hearing of the application of Stanley Dee & Associates, Inc. for a change in zoning of property located in the 2700 block of Cantrell Sansom Road, from "PD-112" Planned Development/Specific Use for all uses in "K" Heavy Industrial with exceptions to "A-5" One-Family, "I" Light Industrial and "E" Neighborhood Commercial, Zoning Docket No. ZC-04-019. 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 Stanley Dee & Associates, Inc., Council Member Lane made a motion, seconded by Council Member Moss, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-019 be approved. The motion carried unanimously. ZC-04-019A Mr. Larry Stevens, 2812 Calico Rock Drive, President of the Denied Possum Creek Homeowners Association, appeared before Council in opposition of the zoning change. Council Member Lane made a motion, seconded by Council Member Davis, that the application of Stanley Dee & Associates, Inc. for a change in zoning of property located in the 2700 block of Cantrell Sansom Road, from "PD-112" Planned Development/ Specific Use for all uses in "K" Heavy Industrial with exceptions to "C" Medium Density Multifamily, Zoning Docket No. ZC-04-019A, be denied. The motion carried unanimously. ZC-04-031 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Community on Church Growth and Development for a change in zoning of property located in the 6300 block of W.J. Boaz Road, from "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus mini-warehouses and site plan required, Zoning Docket No. ZC-04- 031, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 18 of 28 ZC-04-034 It appeared that the City Council, at its meeting of April 13, 2004, Denied Without continued the hearing of the application of Arne M. Ray, Trustee for Prejudice a change in zoning of property located at 3058 and 2850 Yuma Street and 1300 Glen Garden Drive, from "PD-307" Planned Development/Specific Use for multifamily and commercial mixed- use to "PD/SU" Planned Development/Specific Use for one-family residential development at 7 units per acre and multifamily development at 18 units per acre and site plan required, Zoning Docket No. ZC-04-034. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council and requested this case be withdrawn without prejudice. Carl Pointer Reverend Carl Pointer, 2532 Timberline Drive, appeared before Council in opposition of the zoning request and in support of the case being withdrawn. He presented letters from the United Community Association of South Fort Worth and the Glencrest Civic League in support of the applicant's request for withdrawal of the zoning application without prejudice. There being no one else present desiring to be heard in connection with the application of Arne M. Ray, Trustee, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04- 034 be denied without prejudice. The motion carried unanimously. ZC-04-040 It appeared that the City Council, at its meeting of April 20, 2004, SP-04-011 continued the hearing of the application of City of Fort Worth Approved Environmental Management Department for a change in zoning of property located at 5100 Martin Luther King Freeway, from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for citizen drop off station for collection of large non-hazardous household waste, Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011. 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 City of Fort Worth Environmental Management Department, Council Member Moss made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011 be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 19 of 28 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None ZC-04-044 It appeared that the City Council, at its meeting of April 13, 2004, Continued Until continued the hearing of the application of Mountain Way Group, June 8, 2004 LLC. for a change in zoning of property located in the 9800 block of West Freeway, from "PD-387" Planned Development for all uses in "FR" General Commercial Restricted to "A-5" One-Family, Zoning Docket No. ZC-04-044. 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 Mountain Way Group, LLC., Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 04-044 be continued until June 8, 2004. The motion carried unanimously. ZC-04-045 It appeared that the City Council, at its meeting of April 13, 2004, Denied Without continued the hearing of the application of Paul Homer Sweeney Prejudice and Gwendolyn Sweeney for a change in zoning of property located at 5413 and 5417 Bonnell Avenue from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-045. 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 Paul Homer Sweeney and Gwendolyn Sweeney, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-045 be denied without prejudice. The motion carried unanimously. SP-04-019 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Fort Worth Country Day School for a site plan of property located at 4200 Country Day Lane for private school and commercial uses, Site Plan No. SP-04-019 be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 20 of 28 ZC-04-051 It appeared that the City Council, at its meeting of April 13, 2004, Approved continued the hearing of the application of Lee Financial Corp. for a change in zoning of property located in the 9300 block of Crowley Road and 2000 block of Cunningham, from "E" Neighborhood Commercial and "C" Medium Density Multifamily to "A-5" One- Family, "AR" One-Family Restricted and "C" Medium Density Multifamily, Zoning Docket No. ZC-04-051. 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 Lee Financial Corp., Council Member Picht made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-051 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-04-053 Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, representing the Continued for 30 applicant, appeared before Council and requested the zoning case Days be continued for 30 days. Jim Dunaway Council Member Silcox made a motion, seconded by Council Member Davis, that the application of RP/LPCII/ Ashton Woods Homes for a change in zoning of property located in the 3000 block of River Park Drive, from "G" Intensive Commercial to "R2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04-053, be continued for 30 days. The motion carried unanimously. ZC-04-060 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Robert Petrie for a change in zoning of property located at 1924 Jacksboro Highway, from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-060, be approved. The motion carried by the following vote: Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He stated that he had not received any input or telephone calls from anyone in the neighborhood relative to this issue and requested Council's favorable consideration. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 21 of 28 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-04-062 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of United Riverside Rebuilding Corporation for a change in zoning of property located at 2603 and 2624 La Salle Street, from "ER" Neighborhood Commercial Restricted to "B" Two-Family, Zoning Docket No. ZC-04-062, be approved. The motion carried unanimously. ZC-04-063 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of TXU Corporation for a change in zoning of property located at 1201 South Sylvania, from "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus outside storage of poles and spools used in electrical distribution and service, screening fence required and waiver of site plan recommended, Zoning Docket No. ZC-04-063, be approved. The motion carried unanimously. ZC-04-066 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Thomas Struhs (Wide Open Spaces) for a change in zoning of property located at 705 East Bluff Street, from "PD/487/DD" Planned Development/Demolition Delay to "PD/487" Planned Development, Zoning Docket No. ZC-04- 066, be approved. The motion carried unanimously. ZC-04-067 Mr. Rogelio Marquez, 3728 S. Henderson, appeared before Council Approved in support of the zoning change. Rogelio Martinez Council Member Davis made a motion, seconded by Council Member Silcox, that the application of Rogelio Marquez for a change in zoning of property located at 3728 South Henderson Street, from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-067, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 22 of 28 ZC-04-074 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Intown Living Development Corp. for a change in zoning of property located at 809, 815, 817 and 821 Grainger Street, from "ER" Neighborhood Commercial Restricted to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-04-074, be approved. The motion carried unanimously. ZC-04-075 Mayor Pro tempore McCloud made a motion, seconded by Council Continued Until Member Davis, that the application of Tri Star Construction for a June 8, 2004 change in zoning of property located at 913 East Berry Street, from "I" Light Industrial and "E" Neighborhood Commercial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-075, be continued until June 8, 2004. The motion carried unanimously. ZC-04-077 Council Member Silcox made a motion, seconded by Council Approved Member Haskin, that the application of Sheng-Yung Tsou for a change in zoning of property located at 9904-9912 Camp Bowie Boulevard West, from "FR" General Commercial Restricted and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus mini-warehouse and site plan required, Zoning Docket No. ZC-04- 077, be approved with waiver of site plan. The motion carried unanimously. ZC-04-082 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of Gladys Hoyle for a change in zoning of property located at 3513 Frazier Court, from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-04-082, be approved. The motion carried unanimously. ZC-04-083 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of Institute of General Semantics for a change in zoning of property located at 2260 College Avenue, from "E/HC" Neighborhood Commercial/Historic and Cultural Landmark to "PD/SU/HC" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus one residential dwelling unit/Historic and Cultural Landmark and site plan required only if building is expanded, Zoning Docket No. ZC-04-083, be approved. The motion carried unanimously. ZC-04-085 Mr. Jim Schell, 901 Fort Worth Club Building, representing the Approved applicant, appeared before Council in support of the zoning change. He stated that the District 6 Alliance was not opposed to this zoning change. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 23 of 28 Council Member Picht made a motion, seconded by Council Member Lane, that the application of Granbury Heritage Limited Partnership for a change in zoning of property located in the 9200 block of Old Granbury Road, from "I" Light Industrial, "E" Neighborhood Commercial, "C" Medium Density Multifamily, "F" General Commercial, "CR" Low Density Multifamily, "AR" One- Family Restricted and "G" Intensive Commercial to "A-5" One- Family, "R1" Zero Lot Line/Cluster Residential, "C" Medium Density Multifamily, "FR" General Commercial Restricted and "G" Intensive Commercial, Zoning Docket No. ZC-04-085, be approved. The motion carried unanimously. ZC-04-086 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Lane, that the application of Lennar Homes for a change in zoning of property located at the northeast corner of McPherson Road and Oak Grove Road, from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-086, be approved. The motion carried unanimously. ZC-04-087 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of Lennar Homes for a change in zoning of property located at the southeast corner of Basswood Boulevard and Sandshell Boulevard, from "D" High Density Multifamily to "A-5" One-Family, Zoning Docket No. ZC-04-087, be approved. The motion carried unanimously. ZC-04-088 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Karen Marie Foley for a change in zoning of property located at 3759 East Lancaster Avenue, from "PD-213" Planned Development for all uses in "E" Neighborhood Commercial plus sale of used furniture to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus on-site residence and waiver of site plan recommended, Zoning Docket No. ZC-04-088, be approved. The motion carried unanimously. ZC-04-091 Mayor Pro tempore McCloud made a motion, seconded by Council SP-04-024 Member Davis, that the application of Bill Randal and Carolyn Sue Approved Weston for a change in zoning of property located at 8100 Anglin Drive from "AG" Agricultural to "PD/SU" Planned Development/ Specific Use for tea room, restaurant with sale of alcohol for on- premises consumption, plant nursery, plant demonstration gardens, area for weddings or receptions and outdoor storage, Zoning Docket No. ZC-04-091 and Site Plan No. SP-04-024, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 24 of 28 ZC-04-092 Mayor Pro tempore McCloud made a motion, seconded by Council Approved/ Member Davis, that the application of Fort Worth Planning Denied Department, Zoning Docket No. ZC-03-092, be approved/denied as indicated: Approved: 412, 416, 424, 504 Alston Avenue; 412, 414, 422, 426, 428, 500, 504, 508, 512 Lipscomb Street; 301, 305, 309, 315, 317, 400, 401, 404, 405, 408, 413, 414, 417, 418, 420, 423, 424, 425#6, 429, 430, 500, 501, 504, 505, 508, 511, 514, 515, 516, 551 College Avenue; 808, 809, 810, 813, 816, 911, 913 W. Petersmith Street; 802, 804, 810, 814, 815, 816, 824, 908 Pennsylvania Avenue; 816 W. Tucker Street; 401, 405, 407, 417, 509 Fulton Street; from "D" High Density Multifamily, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "G" Intensive Commercial and "I" Light Industrial to "MU-1" Low Intensity Mixed-Use; and 508 Lipscomb Street, 431 Fulton Street; from "D/DD" High Density Multifamily/Demolition Delay and "E/DD" Neighborhood Commercial/Demolition Delay to "MU-1/DD" Low Intensity Mixed-Use/Demolition Delay. Denied: 900 Pennsylvania Avenue; from "G" Intensive Commercial and "ER" Neighborhood Commercial Restricted to "MU-1" Low Intensity Mixed-Use. The motion carried unanimously. ZC-03-265 It appeared that the City Council, at its meeting of April 13, 2004, Ord. #15978 continued the hearing of the application of the Text Amendment Text regulating fences. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved Mr. Bob Riley, Development Department Director, stated that an amended ordinance was provided to Council during the Pre- Council meeting for their consideration. He summarized the amendment relative to height limitations, fence material and location. 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 Stevenson, that the Zoning Hearing be closed, and Zoning Docket No. ZC-03-265 be approved as amended. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 25 of 28 ORDINANCE NO. 15978 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 5.304 "FENCES" OF ARTICLE 3, "ACCESSORY USES" OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO PROHIBIT FENCES AND WALLS IN THE MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD, OR PROJECTED FRONT YARD WITH CERTAIN EXCEPTIONS; TO ALLOW FIVE FOOT FENCES IN THE FRONT YARD AND SIX FOOT FENCES IN THE PROJECTED FRONT YARD OF ONE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS PROVIDED THEY ARE OF AN OPEN DESIGN; TO ALLOW FENCES SURROUNDING UTILITY FACILITIES IN THE MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD, OR PROJECTED FRONT YARD; TO AMEND THE TABLE COMMENTARY IN SUBSECTION C "PROPERTY DEVELOPMENT STANDARDS" FOR ONE-FAMILY AND TWO FAMILY RESIDENTIAL DWELLINGS; TO AMEND THE TABLE COMMENTARY FOR MULTI-FAMILY DISTRICTS TO CLARIFY THE MAXIMUM PERMITTED FENCE HEIGHT IN THE FRONT YARDS OF RESIDENTIAL DWELLINGS; TO ALLOW FENCES IN THE MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD, OR PROJECTED FRONT YARD BY SPECIAL EXCEPTION; 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-04-061 Council Member Davis made a motion, seconded by Council Denied With Member Silcox, that the application of Lucia Aguayo for a change Prejudice in zoning of property located at 800 block of West Seminary Drive, from "B" Two-Family to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-061, be denied with prejudice. The motion carried unanimously. ZC-04-064 Council Member Lane made a motion, seconded by Council Denied Member Davis, that the application of Bulmaro Holguin for a change in zoning of property located at 3055 Deen Road, from "B" Two-Family to "PD/SU" Planned Development/Specific Use for triplex and waiver of site plan requested, Zoning Docket No. ZC-04- 064, be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 26 of 28 ZC-04-065 Council Member Davis made a motion, seconded by Council Denied With Member Silcox, that the application of Alfonso Aceves for a change Prejudice in zoning of property located at 2801 Weisenberger Street from "B" Two-Family to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-04-065, be denied with prejudice. The motion carried unanimously. Reconsider Council Member Davis made a motion, seconded by Council ZC-04-061 Member Silcox, that Zoning Docket No. ZC-04-061 be reconsidered at this time to revise her original motion. The motion carried unanimously. ZC-04-061 Council Member Davis made a motion, seconded by Council Denied Without Member Silcox, that the application of Lucia Aguayo for a change Prejudice in zoning of property located at 800 block of West Seminary Drive, from "B" Two-Family to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-061, be denied without prejudice. The motion carried unanimously. ZC-04-079 Council Member Davis made a motion, seconded by Mayor Pro Denied Without tempore McCloud, that the application of J.D. Rose/Lacy Gosstree Prejudice for a change in zoning of property located in the 1000 blocks of NE 10th Street and NE 11th Street, from "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. ZC-04-079, be denied without prejudice. The motion carried unanimously. ZC-04-081 Council Member Davis made a motion, seconded by Mayor Pro Denied Without tempore McCloud, that the application of Girtha Jones for a change Prejudice in zoning of property located at 1908 West Morphy Street, from "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC-04-081, be denied without prejudice. The motion carried unanimously. ZC-04-089 Council Member Moss made a motion, seconded by Council Denied Without Member Haskin, that the application of Bell Helicopter for a change Prejudice in zoning of property located in the 9400-9900 blocks of Trinity Boulevard, from "K" Heavy Industrial to "A-5" One-Family and "R2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04- 089, be denied without prejudice. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Haskin, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 27 of 28 ORDINANCE NO. 15979 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 Mr. Clyde Thompson, 5817 Sandra Drive, appeared before Council Presentations relative to problems he was experiencing with brush pickup and Clyde conflicting information in the City ordinance and information being Thompson distributed by Code Rangers. Mayor Moncrief stated that Council would investigate this issue and advise Mr. Thompson of its findings. Connie Ms. Connie Constance, 2901 Columbus Avenue, appeared before Constance Council relative to illegal dumping on her property by contractors repairing City roads. Mayor Moncrief stated that Council would have staff look into this matter. The following individuals appeared before Council and requested Council support a reparation resolution for an HR 40 study relative to the cause and effects of slavery to African-American people: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 11, 2004 PAGE 28 of 28 Lee Muhammad, Minister Lee Muhammad 5016 Elgin Bryan Represented Nation of Islam Muhammad, Brother Bryan Muhammad 3607 E. Rosedale St. Thomas Represented Fort Worth-Tarrant County P.O.W.E.R Organization Muhammad, Brother Thomas Muhammad P.O. Box 150975, Dallas, TX V.R. Robinson, Represented Africans & African Americans for Enslavement Johnny Pastor V. R. Robinson P.O. Box 51235 Muhammad, Represented Washitaw Nation Elijah McGrew, Brother Johnny Muhammad 2809 Finley Errin Represented Fort Worth-Tarrant County P.O.W.E.R Organization Muhammad, Brother Elijah McGrew 9524 Military Roosevelt Sister Errin V. Muhammad P.O. Box 121693 Sutton, Jr., Represented the National P.O.W.E.R. Organization, Inc. Ron Muhammad Reverend Roosevelt Sutton, Jr. 3813 Farrell Lane Represented Fort Worth-Tarrant County P.O.W.E.R Organization Brother Ron Muhammad 4200 Lisbon Represented the National P.O.W.E.R. Organization, Inc. Mayor Moncrief advised the speakers that the City had a normal process of reviewing house bills at the federal and state level. He added that Council could not take any action on this issue at this time as it was not reflected on the agenda for consideration. Mayor Pro tempore McCloud and Council Member Moss stated they would support such a resolution and that the City needed to make a commitment to look at the study of the effects slavery had on African-Americans. Adjournment There being no further business, the meeting was adjourned at 9:38 p.m. G,� i , I SECRETARY MA OR