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HomeMy WebLinkAbout2004/06/08-Minutes-City Council CITY COUNCIL MEETING JUNE 8, 2004 Date & Time On the 8t" day of June, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:10 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; Assistant City Manager Joe Paniagua; 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 Father Stephen Jasso, All Saints Catholic 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 May 25, 2004, were approved unanimously. Special Ms. Judy Bland announced the recipients of the Mayor's Presentations Committee on Persons' with Disabilities Scholarship Awards. Ms. Marilyn Perkins, FWISD Special Education Advisory Chair and Mr. Dan Gadbury, Mayor's Commission on Persons' with Disabilities Board member, announced the recipients of the FWISD Inclusionary Vision Awards. Council Member Davis presented a Proclamation for Commute Solutions Month. Mayor Moncrief presented a Proclamation for Jim Lane Day to Jim Lane to commemorate his birthday on June 9, 2004. Announcements Council Member Lane announced that Jerry Steele, the husband of his Council Aide Patsy Steele, was admitted to the hospital June 5, 2004. He extended best wishes from the Council for a speedy recovery and that he looked forward to Patsy's return to work. Mayor Pro tempore McCloud invited everyone to attend a special event June 12, 2004, when Debbie Allen would conduct a Dance Institute at the Dee Kelly Alumni Center. He encouraged everyone to attend and meet Ms. Allen and thank her for her work and contributions to Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 2 of 34 Council Member Davis stated that the Central City Revitalization and Economic Development Committee would host a public meeting June 10, 2004 at 6:00 p.m. at the Will Rogers Auditorium at 3401 Lancaster Avenue. She added that the purpose of the meeting was to receive public input relative to the new draft of the home occupation ordinance prepared by City staff. Council Member Silcox provided an update on the status of the 13- 36 aircraft. He commended the efforts of the B-36 Group and the Aviation Heritage Association to restore the aircraft and added that information was being gathered relative to a permanent location and funding for the B-36. Consent Agenda On motion of Council Member Davis, seconded by Council Member Moss, the consent agenda was adopted unanimously. Committee Council Member Haskin stated that there were still two openings Report on the Human Relations Commission. She encouraged anyone interested to apply. C.P. #244 There was presented Council Proposal No. 244 to consider Adopt New Fort approval of an official City flag design that is compatible with the Worth City Flag City's official logo. Council Member Lane made a motion, Design seconded by Council Member Silcox, that the Council Proposal be adopted. 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 Stevenson, that the resolution be continued for Continued for two weeks. The motion carried unanimously. Two Weeks OCS-1421 There was presented Mayor and Council Communication No. OCS- Claims 1421 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 JUNE 8, 2004 PAGE 3 of 34 G-14347 Revised There was presented Mayor and Council Communication No. G- Ord. #15990 14347 Revised, dated May 4, 2004, from the City Manager Accept a Grant recommending that the City Council authorize the City Manager to from Federal apply for and accept a grant from the Federal Aviation Aviation Administration in the amount of $731,181.00, to design and Administration rehabilitate the northeast taxiway access to FedEx and improve the to Design and runway safety area at Fort Worth Alliance Airport; and authorize Rehabilitate the use of land credits, in the amount of $38,483.00, for the City's Northeast in-kind local match of 5 percent of the projects cost; and adopt Taxiway Access Appropriation Ordinance No. 15990 increasing estimated receipts to FedEx and appropriations in the Grants Fund in the amount of $769,664.00, subject to receipt of the grant from the Federal Aviation Administration, for the purpose of funding design and rehabilitation of the northeast taxiway access to FedEx and improve the runway safety area at Fort Worth Alliance Airport. Mayor Moncrief stated that the M&C had been revised to correct the dollar amount reflected in Recommendation #3. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14362 There was presented Mayor and Council Communication No. G- Continued for 14362, dated May 18, 2004, from the City Manager recommending One Week that the City Council adopt a resolution providing that the City of Fort Worth ("City") elects to be eligible to participate in Tax Abatement authorized by Chapter 312 of the Texas Tax Code and establishing a Tax Abatement Policy Governing Subsequent Tax Abatement Agreements. City Attorney Yett advised Council that municipalities choosing to grant tax abatements must adopt a Tax Abatement Policy every two years. He added that if Council approved the resolution this evening, the new policy would expire June 7, 2006. Council Member Davis stated that the Central City Revitalization and Economic Development Committee reviewed the policy and determined that language relative to Minority/Women Business Enterprise (M/WBE) requirements and commitments warranted further consideration to encourage a workable policy. She added that Council could move forward with the adoption of the policy; however, an amendment would be presented within 60 days for Council consideration that would address M/WBE participation that would be more reflective of what the Committee would like to see in the policy. She made a motion, seconded by Council Member Moss, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 4 of 34 The following individuals appeared before Council in opposition of the Tax Abatement Policy. They expressed concern that the language discussed with City staff was not reflected in the policy. They added that they did not want a policy adopted that would not benefit minority businesses. Monte Elliott, Mr. Monte Elliott 6333 Meadows West Rosa Navejar, Represented the Fort Worth Metropolitan Black Chamber of Commerce Devoyd Ms. Rosa Navejar 1327 N. Main St. Jennings Represented the Fort Worth Hispanic Chamber of Commerce Mr. Devoyd Jennings 1150 S. Freeway Assistant City Manager Reid Rector advised Council that staff had met with both chambers on two or three occasions to discuss the policy. He added that staff was aware they had no authority to bind Council to agreements relative to this policy and stated it would be a Council decision. After a lengthy discussion amongst Council, Council Member Moss made a substitute motion, seconded by Council Member Lane, that the recommendation be continued for one week. The motion carried unanimously. G-14372 There was presented Mayor and Council Communication No. G- Encroachment 14372 from the City Manager recommending that the City Council Agreement for authorize the City Manager to enter into an Encroachment Use of Right-of- Agreement with Carlson Engineering, Inc., authorizing use of the Way 505 N.E. right-of-way for continuance of encroachments at 505 N.E. 37th 37th Street Street. It was the consensus of the City Council that the recommendation be adopted. G-14373 There was presented Mayor and Council Communication No. G- Ord. #15991 14373 from the City Manager recommending that the City Council Authorize Funds adopt Appropriation Ordinance No. 15991 increasing estimated for Cafeteria receipts and appropriations in the Special Trust Fund in the Operating amount of $14,000.00 from available funds for the purpose of Expenses funding the operation of the City Hall Cafeteria. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 5 of 34 G-14374 There was presented Mayor and Council Communication No. G- Petition and 14374 from the City Manager recommending that the City Council Application Fee receive the petition for re-establishment of the Fort Worth Public for Re- Improvement District No. 1 for the Downtown area; and accept the establishment of application fee of $150.00 to be used by the City Staff for petition Public verification and establishing a proposed assessment roll; and Improvement direct the City Manager and City Attorney to review the petition to District #1 for determine whether the petition includes the necessary signatures the Downtown and meets the other requirements of Chapter 372, Subchapter A, Area Section 372.005 of the Local Government Code; and schedule the petition for further consideration at a future City Council meeting. It was the consensus of the City Council that the recommendation be adopted. G-14375 There was presented Mayor and Council Communication No. G- Temporary 14375 from the City Manager recommending that the City Council Closure of Old authorize the temporary closure of Old Benbrook Road from Benbrook Road Benbrook Boulevard (US 377) to Winscott Road beginning September 1, 2004 until January 31, 2005. It was the consensus of the City Council that the recommendation be adopted. G-14376 There was presented Mayor and Council Communication No. G- Temporary 14376 from the City Manager recommending that the City Council Closure of Old authorize the temporary closure of Old Decatur Road from Loop Decatur Road 820 to Longhorn Lane beginning June 8, 2004, until September 8, 2004, for the installation of utilities and to rebuild the street. It was the consensus of the City Council that the recommendation be adopted. G-14377 There was presented Mayor and Council Communication No. G- Ord. #15992 14377 from the City Manager recommending that the City Council Application by consider and adopt the findings and opinions of the City Staff as All About Town presented; find that the public necessity and convenience requires Pedicabs, L.L.C. the operation of four pedicabs upon the City streets, alleys and to Operate Four thoroughfares; and adopt Ordinance No. 15992 granting to All Pedicabs About Town Pedicabs, L.L.C. the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its pedicab business, which shall consist of the operation of four pedicabs for a period beginning on June 15, 2004 and ending on June 14, 2009; specifying the terms and conditions of the grant; providing for written acceptance by All About Town Pedicabs, L.L.C., to comply with the requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 6 of 34 G-14378 There was presented Mayor and Council Communication No. G- Sponsorships 14378 from the City Manager recommending that the City Council for "Oakland authorize the City Manager to accept donated services Lake Festival sponsorships valued at $620.00 for "Oakland Lake Festival and and Cleanup" Cleanup". It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 18 and Tax Abatement Agreement with River View at Ridglea, L.P. and related findings of fact by the City Council. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Jerome Walker, representing the Housing Department, appeared before Council, gave a staff report, and called attention to Mayor and Council No. G-14379 as follows: G-14379 There was presented Mayor and Council Communication No. G- Ord. #15993 14379 from the City Manager recommending that the City Council Designation Fort hold a public hearing concerning the designation of 7.786 acres of Worth vacant land, as Fort Worth Neighborhood Empowerment Neighborhood Reinvestment Zone No. 18; and adopt Ordinance No. 15993 Empowerment designating a certain area in the City of Fort Worth as Reinvestment "Neighborhood Empowerment Reinvestment Zone No. 18, City of Zone No. 18 and Fort Worth, Texas" pursuant to the Texas Property Redevelopment Tax Abatement and Tax Abatement Act, Tax Code, Chapter 312; and find that the Agreement with statements set forth in the recitals of the Tax Abatement River View at Agreement with River View at Ridglea, L.P. are true and correct; Ridglea, L.P. and authorize the City Manager to enter into the Tax Abatement Agreement with River View at Ridglea, L.P. in accordance with the Neighborhood Empowerment Zone Basic Incentives, as amended. Louis Bell Mr. Louis W. Bell, 5049 Wilmington Drive, appeared before Council in opposition of the Tax Abatement Agreement. He added that the length of the abatement was changed from 6 to 10 years to 5 years and his neighborhood association was not advised. Eric Anderson, Mr. Eric Anderson, 8140 Walnut Hill, Dallas, Texas and Ms. Dorothy Dorothy DuBois DuBois, 5713 Humbert, appeared before Council in support of the Tax Abatement Agreement. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 7 of 34 There being no one else present desiring to be heard in the public hearing for designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 18 and Tax Abatement Agreement with River View at Ridglea, L.P., Council Member Stevenson made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G- 14379 be adopted with a recommendation that the applicant actively encourage Minority/Business Women Enterprise participation and to include a five-year Tax Abatement Agreement with North American Partners. Under the agreement, North American Partners must provide a 20 percent set aside of low-to- moderate income housing. Council also imposed job creation goals; however, the goals do not affect the abatement. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Stevenson, and Davis NOES: Council Members Haskin, Silcox, and Picht ABSENT: None Mayor Moncrief stated that Citizen Presentations reflected on the agenda would be heard at this time. Citizen The following individuals appeared before Council relative to the Presentations boarding houses in their neighborhood. They requested that the City deny a Certificate of Occupancy for a boarding house, that the City zone their neighborhood for single-family residences only, and that the Council consider adopting an ordinance that would prohibit the establishment of boarding houses in residential areas. Ms. Shirley Lewis 953 East Terrell Ms. Dalinda Collins 1029 Bessie Mr. Johnny Lewis 953 East Terrell Ms. Crystal Henderson 921 Annie Street Ms. Scotti Fritts 1120 East Terrell Mr. Bob Riley, Development Department Director, advised Council that the properties were all located within "C" Multi-Family zoning. Mayor Pro tempore McCloud informed the residents that Council would look at any legal alternative to this issue, but that he was unsure of what could be done at this point. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 8 of 34 Mayor Moncrief asked that the City Manager provide a report to Council next week of where this process was, what information had been submitted, and what was necessary to review the process before any action was taken that would affect this neighborhood adversely. G-14380 There was presented Mayor and Council Communication No. G- Ord. #15994 14380 from the City Manager recommending that the City Council Adopt 2002 adopt Ordinance No. 15994 amending the Fort Worth Electrical National Code, by adopting the 2002 National Electrical Code, with local Electrical Code amendments; amending sections 11-1 through 11-4 of the Code of with Local the City of Fort Worth (1986); regulating erection, construction, Amendments enlargement, alteration, repair, moving, removal, demolition, conversion, equipment, design, quality of materials, use and maintenance of electrical equipment in the City of Fort Worth, Texas; defining certain terms, establishing minimum requirements for the installation, alteration or repair of electrical systems; providing for the issuance of permits and the collection of fees thereof; providing for the inspection of such systems; requiring and regulating licenses for electricians and prescribing the fees therefore. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14381 There was presented Mayor and Council Communication No. G- Amend Exhibit 14381 from the City Manager recommending that the City Council "A" to Ord. No. amend Exhibit "A" to Ordinance No. 15986 to change the polling 15986 to Revise place for Precinct 1299 from Glen Park Elementary School to List of Polling Forest Oak Middle School for June 19, 2004 Runoff Election. Places for June Council Member Lane made a motion, seconded by Council 19, 2004 Runoff Member Silcox, that the recommendation be adopted. The motion Election carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing designating Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas. Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, requested the public hearing be continued for one week, and called attention to Mayor and Council No. G-14382 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 9 of 34 G-14382 There was presented Mayor and Council Communication No. G- Continued for 14382 from the City Manager recommending that the City Council One Week hold a public hearing concerning the designation of Tax Increment Reinvestment Zone Number Ten for tax increment financing purposes; and adopt an ordinance designating a certain contiguous geographic area in the City of Fort Worth as "Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas"; creating a Board of Directors for the zone; providing the effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone, pursuant to the Special Property Tax Provisions, Tax Increment Financing Act, Tax Code, Chapter 311. John Cox Mr. John T. Cox III, 750 N. St. Paul, Suite 1400, Dallas, Texas, representing Fort Worth Citizens for Responsible Government, appeared before Council in opposition of the ordinance. He stated that the TIF did not meet statutory requirements. Louis McBee Mr. Louis McBee, 5049 Wilmington Drive, Community Affairs Director for Fort Worth Citizens for Responsible Government, appeared before Council in opposition of the ordinance. City Attorney Yett advised Council that requirements of the TIF had been reviewed and that the property did meet requirements for establishment of a TIF and that all statutory requirements had been satisfied. There being no one else present desiring to be heard in the public hearing designating Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas, Council Member Lane made a motion, seconded by Council Member Haskin, that the public hearing and Mayor and Council Communication No. G-14382 be continued for one week. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 10 of 34 G-14383 There was presented Mayor and Council Communication No. G- Amend FY2004 14383 from the City Manager recommending that the City Council Crime Control authorize the City Manager to submit to the Crime Control and and Prevention Prevention District Board of Directors an amendment of the FY2004 District Budget— Crime Control and Prevention District Budget to reassign approved Latent scientist positions to the Latent Fingerprint Section of the Fort Fingerprint Worth Police Department Crime Lab and reprogram existing funds Section for necessary equipment. Council Member Picht made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-14384 There was presented Mayor and Council Communication No. G- Continued for 14384 from the City Manager recommending that the City Council Two Weeks adopt a resolution adopting the Park, Recreation and Open Space Master Plan of 2004 for the City of Fort Worth, Texas; and adopt the Plan as an amendment to the City's Comprehensive Plan. Council Member Haskin stated that the information distributed with the Council packet was quite lengthy and requested that, prior to Council action, staff provide a briefing to Council relative to this plan. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G- 14384 be continued for two weeks. The motion carried unanimously. G-14385 There was presented Mayor and Council Communication No. G- Ord. #15995 14385 from the City Manager recommending that the City Council Payment for City authorize the City Manager to pay the City of Fort Worth's Tarrant of Fort Worth's Regional Transportation Coalition Membership dues; and adopt Membership Supplemental Appropriation Ordinance No. 15995 increasing Dues in Tarrant appropriations in the General Fund in the amount of $40,000.00 and Regional decreasing the unreserved, undesignated fund balance by the Transportation same amount, for the purpose of funding the City's membership Coalition dues with the Tarrant Regional Transportation Coalition. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-9964 There was presented Mayor and Council Communication No. P- Permit 9964 from the City Manager recommending that the City Council Processing authorize a sole source purchase agreement for the Velocity Hall Software permit processing software from Accela, Inc. for the Department of Development; and authorize the agreement to begin June 1, 2004, and expire May 31, 2007. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 11 of 34 P-9965 There was presented Mayor and Council Communication No. P- Machine Shop 9965 from the City Manager recommending that the City Council Service and authorize purchase agreements for machine shop service and Fabrication fabrication with multiple vendors for the City of Fort Worth based on hourly rates and parts discounts, with payments due 30 days from the date of the invoice; and authorize these agreements to begin June 1, 2004, and expire May 31, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9966 There was presented Mayor and Council Communication No. P- Streetlight Poles 9966 from the City Manager recommending that the City Council authorize a purchase agreement with the Texas Procurement Center for streetlight poles for the Transportation and Public Works Department based on sole bid received with freight included in unit price and payment due 30 days after receipt of the invoice; and authorize this agreement to begin June 1, 2004, and expire May 31, 2005, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9967 There was presented Mayor and Council Communication No. P- Liquid Oxygen 9967 from the City Manager recommending that the City Council authorize a purchase agreement for liquid oxygen with Air Liquide America LD for the Water Department, based on low bid of unit price per ton, with payments due within 30 days of the date of invoice and freight included in unit price; authorize this agreement to begin on June 1, 2004, and expire May 31, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Governments Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 12 of 34 P-9968 There was presented Mayor and Council Communication No. P- Rolls Royce 9968 from the City Manager recommending that the City Council Turbine Engine authorize a purchase agreement for Rolls Royce Turbine Engine Repair and Parts Repair and Parts with Keystone Helicopter Corporation for the Police Department. Payment is due 30 days from date the invoice is received; authorize this agreement to begin June 26, 2004, and expire on June 25, 2005, with options to renew for four additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9969 There was presented Mayor and Council Communication No. P- Paint 9969 from the City Manager recommending that the City Council Preparation authorize a one-time purchase, for Cowtown Brushup 2004, of Services paint preparation services on residential structures for the Housing Department, based on the two overall lowest complete bids, with payment due ten days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9970 There was presented Mayor and Council Communication No. P- Power Supply 9970 from the City Manager recommending that the City Council Installation authorize the sole source purchase of power supply installation from Oncor Electric Delivery Company for the Transportation and Public Works Department for a cost not to exceed $40,000.00. It was the consensus of the City Council that the recommendation be adopted. P-9971 There was presented Mayor and Council Communication No. P- Repairs to a 9971 from the City Manager recommending that the City Council Front Line Crash confirm the emergency purchase of repairs to a front line crash fire Fire and Rescue and rescue truck from Emergency One Corporation for the Truck Equipment Services and Fire Department, the total amount is estimated not to exceed $48,400.00, with payment due 30 days from date the invoice is received. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 13 of 34 P-9972 There was presented Mayor and Council Communication No. P- Various Library 9972 from the City Manager recommending that the City Council Materials amend the amount authorized for the vendors for various library materials. These vendor's expenditures were originally approved on December 18, 2001 (M&C P-9512) and January 21, 2003 (M&C P- 9738). It was the consensus of the City Council that the recommendation be adopted. P-9973 There was presented Mayor and Council Communication No. P- Runway and 9973 from the City Manager recommending that the City Council Taxiway Paint reject all bids received for the runway and taxiway paint application Application at Meacham International Airport; and authorize this purchase to be rebid. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13835 There was presented Mayor and Council Communication No. L- Drainage 13835 from the City Manager recommending that the City Council Improvements declare the necessity of taking fee simple title less oil, gas, and sulphur of a parcel of property in south Fort Worth from 36/MIKIE VENTURE for the drainage improvements at Fort Worth Spinks Airport; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the property. It was the consensus of the City Council that the recommendation be adopted. L-13836 There was presented Mayor and Council Communication No. L- Sale of 18 13836 from the City Manager recommending that the City Council Surplus Tax approve the sale of 18 surplus tax-foreclosed properties in Foreclosed accordance with Section 272.001 of the Texas Local Government Properties Code for a total of $136,372.30; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. It was the consensus of the City Council that the recommendation be adopted. L-13837 There was presented Mayor and Council Communication No. L- Permanent 13837 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main easement Easement and and one temporary construction easement described as portion of Temporary Lot 1, Block 1, All Saints Episcopal Hospital, Tarrant County, Construction Texas, Cabinet A, Slide 1411, from Baylor All Saints Medical Center Easement for 1650 West Magnolia Avenue (DOE 4280), necessary for the construction, operation, maintenance, and repair of water main facilities for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 14 of 34 L-13838 There was presented Mayor and Council Communication No. L- Permanent 13838 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as portion of Temporary Lot 15, Mulligan Addition, Tarrant County, Texas from Charles A. Construction Stewart and A. Garcia for property located at 1005 Samuels Avenue Easement (DOE 4296), necessary for the construction, operation, maintenance, and repair of the sanitary sewer main M-1-1-1, Phase II for $2,550.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13839 There was presented Mayor and Council Communication No. L- Permanent 13839 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement and Easement and one temporary construction easement described as portion of E.S. Temporary Harris Survey, Abstract No. 688, Tarrant County, Texas from Construction Eugenia Kraft Agee for 1800 Park Place Avenue (DOE 4280), Easement necessary for the construction, operation, maintenance, and repair of water main facilities for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-13840 There was presented Mayor and Council Communication No. L- Permanent 13840 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 5, Block 3, B. Harris Subdivision, Tarrant County, Texas from Neal Construction O. and Shirley L. Lehman for property located in East Fort Worth Easement for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of $4,400.00. It was the consensus of the City Council that the recommendation be adopted. L-13841 There was presented Mayor and Council Communication No. L- Permanent 13841 from the City Manager recommending that the City Council Waterline approve the acceptance of four permanent waterline easements Easements described as A-1528, A.S. Trimble Survey, Tarrant County, Texas from Riverbend Investment Ltd. for property located west of Salado Trail and north of Trinity Boulevard (DOE 4453), needed for future development of the Lakes of River Trails Subdivision for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 15 of 34 L-13842 There was presented Mayor and Council Communication No. L- Acquisition of 13842 from the City Manager recommending that the City Council Three Vacant authorize the acquisition of three vacant lots and one duplex Lots and One residence in conjunction with the Fort Worth Meacham Duplex International Airport Noise Mitigation Program (DOE 3932); and Residential for find that the prices offered in the total amount of $119,300.00 was Fort Worth just compensation for the acquisition of the four properties plus an Meacham estimated real estate tax pro-rated amount not to exceed $3,500.00 International for a total cost of $122,800.00; and authorize the acceptance and Airport Noise recording of appropriate instruments. It was the consensus of the Mitigation City Council that the recommendation be adopted. Program L-13843 There was presented Mayor and Council Communication No. L- Permanent 13843 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 2-A, Block 3, B. Harris Subdivision, Tarrant County, Texas from Construction Jean Talbert Timmerman located in East Fort Worth for the Easement construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a cost of $6,300.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13844 There was presented Mayor and Council Communication No. L- Permanent 13844 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 6, Block 2, B. Harris Subdivision, Tarrant County, Texas from Construction Robert J. and Mary B. Valentine for property located in East Fort Easement Worth for the construction Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of $300.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2530 There was presented Mayor and Council Communication No. PZ- Ord. #15996 2530 from the City Manager recommending that the City Council Vacating a adopt Ordinance No. 15996 amending Ordinance Number 15810 Portion of 12 vacating and extinguishing a 12-foot wide by 207-foot long alley Foot Wide Alley north of West Berry Street lying between Lots 1 through 4 and Lots Projecting North 10 through 14, Block 13, Forest Park Addition, as situated in the W. of West Berry Hudson Survey, Abstract 717, Fort Worth, Texas, amending Street, Forest Section Six to change the effective date from May 28, 2004 to Park Addition October 1, 2004; providing for reversion of fee in said land; providing that the City shall retain all existing utilities. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 16 of 34 C-20095 There was presented Mayor and Council Communication No. C- CDBG Year XXX, 20095 from the City Manager recommending that the City Council ESG Year 2004- authorize the City Manager to execute Community Development `05, HOPWA Block Grant Year XXX, Emergency Shelter Grant Year 2004-2005 Year 2004-`05 and Housing Opportunities for Person with AIDS Year 2004-2005, contracts with various organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development, for a term beginning June 1, 2004, and ending May 31, 2005. It was the consensus of the City Council that the recommendation be adopted. C-20096 There was presented Mayor and Council Communication No. C- Sprint Press, 20096 from the City Manager recommending that the City Council Inc. authorize the City Manager to enter into a consent agreement with Sprint Press, Inc., authorizing use of the right-of-way for stairs, canopy, air-conditioning unit and handicapped ramp at 205 N. Vacek Street. It was the consensus of the City Council that the recommendation be adopted. C-20097 There was presented Mayor and Council Communication No. C- State of Texas 20097 from the City Manager recommending that the City Council Department of authorize the City Manager to execute a contract with the State of Transportation Texas Department of Transportation, to temporarily close one lane and Quick Water of the 1-820 service road from 900 feet west of Marine Creek Productions Parkway to 500 feet past Marine Creek Lake beginning Friday, June 18, 2004 until Sunday, June 20, 2004 from 8:00 a.m. to 10:00 p.m. each day; and a contract with the Quick Water Productions to temporarily close one lane of the 1-820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Friday, June 18, 2004 until Sunday, June 20, 2004 from 8:00 a.m. to 10:00 p.m. each day. It was the consensus of the City Council that the recommendation be adopted. C-20098 There was presented Mayor and Council Communication No. C- Peachtree 20098 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 $663,775.50 for 90 working days for HMAC Surface Overlay 2004-16 at various locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 17 of 34 C-20099 There was presented Mayor and Council Communication No. C- Austin Bridge & 20099 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 $596,364.00 for 70 working days for HMAC Surface Overlay 2004-17 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20100 There was presented Mayor and Council Communication No. C- Ord. #15997 20100 from the City Manager recommending that the City Council JLB Contracting, adopt Appropriation Ordinance No. 15997 increasing estimated LP receipts and appropriations in the contract Street Maintenance Fund in the amount of $1,276,362.00 from a receivable from the Fort Worth Transportation Authority for the purpose of funding a portion of the Fiscal Year 2003-2004 Street Maintenance Program; and authorize the City Manager to execute a contract with JLB Contracting, LP in the amount of $633,840.25 for 365 working days for HMAC Surface Overlay 2004-19 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20101 There was presented Mayor and Council Communication No. C- Change Order 20101 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 #29294, AUI Secretary Contract No. 29294 with AUI Contractors, L.P. in the Contractors, L.P. amount of $89,281.61 for additional pay item quantities, thereby increasing the contract amount to $1,044,683.11, for M-1-1-1 Drainage Basin Sanitary Sewer and Water System Rehabilitation and Improvements, Phase 1. It was the consensus of the City Council that the recommendation be adopted. C-20102 There was presented Mayor and Council Communication No. C- Change Order 20102 from the City Manager recommending that the City Council No. 2 to CSC authorize the City Manager to execute Change Order No. 2 to City #29556, AUI Secretary Contract No. 29556 with AUI Contractors, L.P. in the Contractors, L.P. amount of $48,839.30 for additional pay item quantities, thereby increasing the contract amount to $439,171.75, for Sanitary Sewer Rehabilitation and Improvements Contract LXII (62), Unit 2. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 18 of 34 C-20103 There was presented Mayor and Council Communication No. C- Change Order 20103 from the City Manager recommending that the City Council No. 3 to CSC authorize the City Manager to execute Change Order No. 3 to City #29045, S.J. Secretary Contract No. 29045 with S.J. Louis Construction of Texas Louis Ltd., LLP in the amount of $49,800.00 to provide for additional pay Construction item quantities, thereby increasing the contract amount to Texas Ltd., LLP $9,040,466.61, for Northside II Water Main Extension Phase II, Units 1, 2 and 3. It was the consensus of the City Council that the recommendation be adopted. C-20104 There was presented Mayor and Council Communication No. C- APM & 20104 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with APM & Associates, Inc. in the amount of $121,061.25 for Water and Sewer Replacement Contract 2004 STM-C. It was the consensus of the City Council that the recommendation be adopted. C-20105 There was presented Mayor and Council Communication No. C- B.K. Aviation 20105 from the City Manager recommending that the City Council authorize the City Manager to execute an Unimproved Ground Lease with Mandatory Improvements with B.K. Aviation for approximately 9,500 square feet of unimproved land for the development of an aircraft storage hangar and associated office space at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. C-20106 There was presented Mayor and Council Communication No. C- Texas Jet, Inc. 20106 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement granting Texas Jet, Inc. a right of first refusal to lease approximately 77,428 square feet of unimproved land at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20107 There was presented Mayor and Council Communication No. C- Black & Veatch 20107 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with Black and Veatch Corporation in the amount not to exceed $95,550.00 for the purpose of preparing a cost of service study for wholesale wastewater rates. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 19 of 34 C-20108 There was presented Mayor and Council Communication No. C- Ord. #15998 20108 from the City Manager recommending that the City Council Texas State authorize the City Manager to apply for and accept a grant for the Library and Interlibrary Loan Program in the amount of $260,202.00 from the Archives Texas State Library and Archives Commission and the U.S. Commission Department of Education; authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; adopt Appropriation Ordinance No. 15998 increasing estimated receipts and appropriations in the Grants Fund in the amount of $260,202.00, subject to receipt of the grant from the U.S. Department of Education and the Texas State Library and Archives Commission, for the purpose of funding the Interlibrary Loan Program; and apply indirect costs using the most recently approved indirect cost rate of 21.73 percent for the Library Department. It was the consensus of the City Council that the recommendation be adopted. C-20109 There was presented Mayor and Council Communication No. C- Multiple Vendors 20109 from the City Manager recommending that the City Council authorize the City Manager to execute purchase agreements with multiple vendors for various library materials for the Library Department. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on the request for variance from Section 4-4 of the City Code to allow the sale of alcoholic beverages at a proposed Wal- Mart Neighborhood Market located at the northeast corner of Vickery Blvd. and Southwest Blvd. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Bob Riley, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council No. C-20110 as follows: C-20110 There was presented Mayor and Council Communication No. C- Continued Until 20110 from the City Manager recommending that the City Council July 13, 2004 consider the request of Wal-Mart Stores Texas, L.P. and WJC Assets, LTD. for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of a public school. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 20 of 34 There being no one present desiring to be heard in the public hearing on the request for variance from Section 4-4 of the City Code to allow the sale of alcoholic beverages at a proposed Wal- Mart Neighborhood Market located at the northeast corner of Vickery Blvd. and Southwest Blvd., Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing and the companion zoning case, Zoning Docket No. ZC-04- 104, be continued until July 13, 2004. The motion carried unanimously. C-20111 There was presented Mayor and Council Communication No. C- Fort Worth 20111 from the City Manager recommending that the City Council Convention and authorize the City Manager to execute a professional services Visitors Bureau contract with the Fort Worth Convention and Visitors Bureau to manage and supervise programs or activities funded with revenue from the hotel occupancy tax. The term of the contract shall be effective from May 1, 2004 and remain in effect until September 30, 2006 with a one-year extension option executable by mutual consent. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20112 There was presented Mayor and Council Communication No. C- Ord. #15999 20112 from the City Manager recommending that the City Council North Texas authorize the City Manager to enter into Amendment #1 to the Tollway agreement between the City of Fort Worth, the North Texas Tollway Authority and Authority, and the Texas Department of Transportation (TxDOT), in Texas the amount of $49,375,000.00. Twenty percent of this total, in the Department of amount of $9,875,000.00, is the City's match; approve the transfer Transportation of the City's Twenty percent match in the amount of $9,875,000.00 from the SH 121 Tollway (Southwest Parkway) Fund to the Grants Fund; and upon execution of the agreement, adopt Appropriation Ordinance No. 15999 increasing estimated receipts and appropriations in the Grants Fund in the amount of $49,375,000.00, from increased revenues to be received from reimbursements from the Texas Department of Transportation, for the purpose of funding the development of State Highway 121 T (Southwest Parkway); and authorize payment to TxDOT in the amount of $25,000.00 for administrative costs related to this Grant. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 21 of 34 C-20113 There was presented Mayor and Council Communication No. C- Cabela's Retail, 20113 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute the Master Economic Development Agreement with Cabela's Retail, Inc. Wanda Conlin Ms. Wanda Conlin, 1850 Martel Avenue, appeared before Council in opposition of the agreement. After a lengthy discussion amongst the Council, Council Member Silcox called for the question, seconded by Council Member Davis. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, Silcox and Davis NOES: Council Member Picht ABSENT: None Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council No. C-20113 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 22 of 34 First Public It appeared that the City Council set today as the date for the first Hearing public hearing for the proposed voluntary limited purpose Proposed annexation of approximately 277.33 acres of land located north of Voluntary Oakmont Blvd., west of Hulen Street, south of Overton Ridge Blvd., Limited Purpose and east of Bryant Irvin Road. Mayor Moncrief asked if there was Annexation of anyone present desiring to heard. Approximately 277.33 Acres Mr. Don Smoot, representing the Development Department, Located North of appeared before Council, presented a staff report, and stated that Oakmont Blvd., the second public hearing would be scheduled for June 22, 2004. West of Hulen Street, South of There being no one present desiring to be heard in connection with Overton Ridge the first public hearing for the proposed voluntary limited purpose Blvd., and East annexation of approximately 277.33 acres of land located north of of Bryant Irvin Oakmont Blvd., west of Hulen Street, south of Overton Ridge Blvd., Road and east of Bryant Irvin Road, Council Member Silcox made a (AX-04-002) motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing second public hearing for the proposed voluntary full purpose Proposed annexation of approximately 67.237 acres of land, or .117 square Voluntary Full miles (more or less) located at the intersection of Hwy 287 and Purpose Harmon Road, west of Harmon Road and north of Hwy 287 in Annexation of Tarrant County. Mayor Moncrief asked if there was anyone present Approximately desiring to heard. 67.237 Acres Located at Mr. Don Smoot, representing the Development Department, Intersection of appeared before Council, presented a staff report, and stated that Hwy 287 and Council should close the public hearing and state that an Harmon Road, ordinance would be on the June 29, 2004 agenda. West of Harmon Road and North There being no one present desiring to be heard in connection with of Hwy 287 in the second public hearing for the proposed voluntary full purpose Tarrant County annexation of approximately 67.237 acres of land, or .117 square (AX-04-005) miles (more or less) located at the intersection of Hwy 287 and Harmon Road, west of Harmon Road and north of Hwy 287 in Tarrant County, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 23 of 34 ZC-03-320A It appeared that the City Council, at its meeting of May 11, 2004, SP-03-055 continued the hearing of the application of City of Fort Worth Approved Planning Department for a change in zoning of property located at 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. James Toal, Mr. James Toal, 500 W. 7t" Street, and Mr. Gray McBride, 100 Gray McBride Virginia Place, appeared before Council in support of the zoning change. There being no one else 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 Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055 be approved with the following provisions: a. Height of sign at Carroll and West 7t" limited to 25 feet b. Parking limited to 2885 spaces C. Historic Architect hired to review facade improvements to Montgomery Ward building and appropriateness of new structures d. Retaining old lettering style at top of "Montgomery Ward" building, to read Montgomery Plaza e. Landscaping as shown on site plan, but at a minimum 10 percent of site. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3083 was Hearing adopted on May 18, 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 May 21, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-039 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Phillip Galyen for a change in SP-04-030 zoning of property located at 1418 Milam Street from "A-5" One- Continued for Family to "PD/SU" Planned Development/Specific Use for parking One Week lot and car leasing preparation area, Zoning Docket No. ZC-04-039 be approved and that Site Plan No. SP-04-030 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 24 of 34 ZC-04-044 It appeared that the City Council, at its meeting of May 11, 2004, Continued Until continued the hearing of the application of Mountain Way Group, July 13, 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 Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-04-044 be continued until July 13, 2004. The motion carried unanimously. Council Member Lane excused himself from the Council table at this time. ZC-04-053 It appeared that the City Council, at its meeting of May 11, 2004, Continued Until continued the hearing of the application of RP/LPCII/Ashton Woods July 13, 2004 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. 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 RP/LPCII/Ashton Woods Homes, Council Member Silcox made a motion, seconded by Council Member Stevenson, that Zoning Docket No. ZC-04-053 be continued until July 13, 2004. The motion carried unanimously. ZC-04-059 Council Member Stevenson made a motion, seconded by Mayor Approved Pro tempore McCloud, that the application of Eduardo Canas for a change in zoning of property located at 1441 North Main Street from "I" Light Industrial to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-04-059, be approved. The motion carried unanimously. ZC-04-071A Council Member Stevenson made a motion, seconded by Mayor Approved Pro tempore McCloud, that the application of Todd Group for a change in zoning of property located in the 9400-9500 blocks of Wagley Robertson Road from "AG" Agricultural to "K" Heavy Industrial and east 100 feet to "I" Light Industrial, Zoning Docket No. ZC-04-071A, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 25 of 34 ZC-04-075 It appeared that the City Council, at its meeting of May 11, 2004, Approved continued the hearing of the application of Tri Star Construction for a 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. 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 Tri Star Construction, 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- 075 be approved. The motion carried unanimously. Council Member Lane assumed his chair. ZC-04-076B Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located along US Hwy 287 north of Bailey Boswell Road and south of Avondale Haslet Road from "AG" Agricultural to "A-5" One-Family, "E" Neighborhood Commercial, "I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial, Zoning Docket No. ZC-04-0768, be approved. The motion carried unanimously. ZC-04-078 Mr. Al Patel, 4209 Clear Lake Circle, applicant for the zoning Approved change, appeared before Council in support of the zoning change. Al Patel He stated that this would be a gated community and that the gates would remain closed upon completion of the development. He added that this was made a part of the deed records. Council Member Silcox made a motion, seconded by Council Member Lane, that the application of Al Patel for a change in zoning of property located at 5001 Southwest Boulevard from "C" Medium Density Multifamily to "R2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04-078, be approved. The motion carried unanimously. ZC-04-084 Council Member Lane made a motion, seconded by Council SP-04-023 Member Picht, that the application of Venicia Schermbeck and Approved Robert Tellez for a change in zoning of property located at 1305 and 1307 North Commerce Street from "B" Two-Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, Zoning Docket No. ZC-04-084 and Site Plan No. SP-04-023, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 26 of 34 ZC-04-092A Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located in the 300 block of College Avenue from "G" Intensive Commercial to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-04-092A, be approved. The motion carried unanimously. ZC-04-094 Council Member Haskin made a motion, seconded by Council Approved Member Silcox, that the application of Fossil Park, J.V. for a change in zoning of property located in the 3400 block of Western Center Boulevard from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-094, be approved. The motion carried unanimously. ZC-04-095 Mr. Doyle Wood, 12337 Private Road 4716, Justin, Texas, applicant Approved for the zoning change, appeared before Council in support of the Doyle Wood zoning change. Terry Henry, Mr. Terry Henry, 2746 Petty Place, and Ms. Oneta Henry, 2812 Petty Oneta Henry Place, Justin, Texas, appeared before Council in opposition of the zoning change. They stated that Mr. Wood had reflected the wrong address on the application and that would affect 911 response. They added that, although they pay City of Fort Worth taxes, they do not receive water, sewer, fire, or police services and inquired if Mr. Wood would receive them as part of the zoning change. They further stated that they should have not been annexed into the City and requested that they be deannexed. Mr. Wood provided rebuttal stating that his mail was delivered to 3200 Petty Place and that he has had no problem with fire or police response times. Council Member Lane made a motion, seconded by Council Member Davis, that the application of Doyle D. Wood for a change in zoning of property located at 3200 Petty Place from "AG" Agricultural to "FR" General Commercial Restricted, Zoning Docket No. ZC-04-095, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 27 of 34 ZC-04-097 Council Member Picht made a motion, seconded by Council Approved Member Silcox, that the application of Heritage of Faith Christian Center for a change in zoning of property located at 10350 Old Cleburne Crowley Road from "A-5" One-Family, "R1" Zero Lot Line/Cluster Residential, "CR" Low Density Multifamily, "PD-10" Planned Development/Specific Use for "R1" Residential, "CR" Low Density Multifamily and "PD/F" Planned Development for General Commercial to "CR" Community Facilities, Zoning Docket No. ZC- 04-097, be approved. The motion carried unanimously. ZC-04-100 Council Member Silcox made a motion, seconded by Council Approved Member Stevenson, that the application of Edwards Geren Limited for a change in zoning of property located in the 4100-4400 blocks of Bryant Irvin Road from "I" Light Industrial, "A-5" One-Family and "C" Medium Density Multifamily to "MU-2" High Intensity Mixed- Use, "C" Medium Density Multifamily, "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus additional uses, "R1" Zero Lot Line/Cluster Residential, "G" Intensive Commercial and "A-5" One-Family and waiver of site plan recommended, Zoning Docket No. ZC-04-100, be approved. The motion carried unanimously. ZC-04-103 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of the Pope Family Trust for a change in zoning of property located in the 10200 block of Riverside Drive North from "AG" Agricultural to "C" Medium Density Multifamily, Zoning Docket No. ZC-04-103, 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-04-104 Council Member Silcox made a motion, seconded by Council SP-04-028 Member Davis, that the application of WCJ Assets, Ltd. for a Continued Until change in zoning of property located in the 6900 block of West July 13, 2004 Vickery Boulevard and 4800 block of Southwest Boulevard from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, Zoning Docket No. ZC-04-104 and Site Plan No. SP-04-028 for neighborhood grocery market, be continued until July 13, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 28 of 34 ZC-04-106 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Adventist Health System, dba Huguley Memorial Medical Center, for a change in zoning of property located in the 100 block of Huguley Boulevard from "AG" Agricultural to "CF" Community Facilities, Zoning Docket No. ZC- 04-106, be approved. The motion carried unanimously. Mr. Ed Childress, P.O. Box 1357, Aledo, Texas, appeared and advised Council that the plan was to use the property as stated, offices and warehouse and requested favorable consideration. ZC-04-107 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of Sun Valley Industrial Park for Ed Childress a change in zoning of property located in the 4600-4700 block of David Strickland Drive from "PD-29" Planned Development/Specific Use for all uses in "I" Light Industrial, with exceptions, to "I" Light Industrial, Zoning Docket No. ZC-04-107, be approved. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Silcox, that zoning items 24-36 reflected in Section XVa on the agenda be heard by Council as a group. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Silcox, that zoning items 24-36 reflected in Section XVa on the agenda be approved by Council as a group. The motion carried unanimously. ZC-04-108 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 3101 12t Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-108, be approved. The motion carried unanimously. ZC-04-109 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1800 Glenmore Avenue from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-109, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 29 of 34 ZC-04-110 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1610 Bluff Street from "J" Medium Industrial to "MU-1" Low Intensity Mixed- Use, Zoning Docket No. ZC-04-110, be approved. The motion carried unanimously. ZC-04-111 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1612 Arlington Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-111, be approved. The motion carried unanimously. ZC-04-112 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 2417 Evans Avenue from "E" Neighborhood Commercial to "A-5" One- Family, Zoning Docket No. ZC-04-112, be approved. The motion carried unanimously. ZC-04-113 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1720 Logan Street from "I" Light Industrial to "B" Two-Family, Zoning Docket No. ZC-04-113, be approved. The motion carried unanimously. ZC-04-114 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1409 Myrtle Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-114, be approved. The motion carried unanimously. ZC-04-115 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1925 Renner Avenue from "I" Light Industrial to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-04-115, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 30 of 34 ZC-04-116 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located 2421 20th Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-116, be approved. The motion carried unanimously. ZC-04-117 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 2324 Ross Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-117, be approved. The motion carried unanimously. ZC-04-120 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located 7900 Randol Mill Road from "ER" Neighborhood Commercial Restricted to "A- 10" One-Family, Zoning Docket No. ZC-04-120, be approved. The motion carried unanimously. ZC-04-121 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 3312 Strong Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-04-121, be approved. The motion carried unanimously. ZC-04-122 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 4616 Avenue H from "B" Two-Family to "A-10" One-Family, Zoning Docket No. ZC-04-122, be approved. The motion carried unanimously. ZC-04-124 It appeared that the City Council set today as the date for a hearing Ord. #16000 for Zoning Docket No. ZC-04-124, Text Amendment concerning Text nonconforming carport. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-124 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 31 of 34 ORDINANCE NO. 16000 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 SUBSECTION E "NONCONFORMING ONE-FAMILY CARPORT" OF CHAPTER 7.107 "SPECIFIC NONCONFORMING USES" OF CHAPTER 7, "NONCON FORM ITIES" BY AMENDING SECTION 7.107E TO PROVIDE FOR, UNDER CERTAIN CIRCUMSTANCES, THE CONTINUED USE OF SIDE AND REAR CARPORTS CONSTRUCTED PRIOR TO JANUARY 18, 2003; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AND EFFECTIVE DATE The motion carried unanimously. Mayor Moncrief excused himself from the table at this time and Mayor Pro tempore McCloud assumed the chair. ZC-04-105 Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, SP-04-029 appeared before Council in support of the zoning change. He Set for Special provided a brief overview of the zoning request and added that a Hearing on majority of the residents supported the zoning change. He July 13, 2004 requested that Council set the case for a special hearing during the Jim Schell July 13, 2004 City Council meeting. Karen North Ms. Karen North, 9612 Santa Clara Drive, appeared before Council in support of the denial. She stated that the area should remain strictly residential zoning and requested the Council uphold the decision of the City Zoning Commission. Mayor Moncrief assumed his chair. Carol North Ms. Carol M. North, 9622 Santa Monica Drive, appeared before Council in support of the denial. The following individuals appeared before Council in opposition of the denial and requested the zoning case be set for a special hearing at the July 13, 2004 City Council meeting. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 32 of 34 Mary Long, Ms. Mary Long 9711 Santa Paula Jesse Maberry, Mr. Jesse Maberry 9520 Santa Clara Don Long, Mr. Don Long 9711 Santa Paula Randall Smith, Mr. Randall Smith 9526 Santa Clara Virgil Reed, Jr. Mr. Virgil Reed, Jr. 3520 Alemeda Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the application of J.L. Maberry for a change in zoning of property located in the 9500 block of Santa Clara Drive from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for one dwelling unit when part of a business; boat repair and storage; mini warehouses; office/warehouses; outdoor storage; storage yards, building material; warehouse or bulk storage; welding shop, custom work; and yards, contractors, lumber or storage, Zoning Docket No. ZC-04-105 and Site Plan No. SP-04-029, be set for a special hearing on July 13, 2004. 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 Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16001 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 JUNE 8, 2004 PAGE 33 of 34 Citizen Mr. Jim Myers, 4149 Staghorn Circle S., appeared before Council Presentations relative to a trash problem in the Summerfields Addition. He stated Jim Myers that the bulky trash system was not working and that the City should revert to the previous program. He added that when the contractor was contacted to pick up brush and bulky waste at one address, brush and bulky waste at other homes on the same street should have also been picked up. George Barnes Mr. George Barnes, 5317 Bonnell, appeared before Council relative to an illegal truck stop in the neighborhood, various activities in the Como area, alleged abandoned homes, and tension between the neighborhood association and the Lake Como Area Council. Terry Wood Mr. Terry Wood, 6053 Walnut Drive, appeared before Council relative to a Probate Court issue surrounding his removal as his mother's guardian. Sabe Braheem Mr. Sabe Braheem, 3911 East Berry, appeared before Council relative to the Queen of Swazeeland's visit to Fort Worth and whether the funding of Fort Worth Sister Cities International should be continued. He also stated that Highway 287 had an official name and requested that signs be conspicuously posted reflecting "Martin Luther King, Jr. Highway". Richard Vickers Mr. Richard Vickers, 2400 Cypress Street, appeared before Council relative to boarding houses, the joint City of Fort Worth and City of Arlington Council meeting, and home occupations. Steve Ramirez, Mr. Steve Ramirez and Ms. Holly Brady, 5133 Byers Avenue, Holly Brady appeared before Council relative to lengthy Plan Review processing time and issuance of permits for residential construction. Assistant City Manager Paniagua stated that a report would be provided to Council on this issue and reasons for the increase in processing time. Robert McKee Mr. Robert McKee, 711 Lamar #260, appeared before Council in support of the new City of Fort Worth flag design. The following individuals appeared before Council relative to the proposed method the City was considering to demolish the Cowtown Inn. They expressed concern with health and safety issues, especially for children and individuals living near the structure. They requested that the City use the approved Environmental Protection Agency for demolition and asbestos removal. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 8, 2004 PAGE 34 of 34 Angela Crump Ms. Angela Crump 6755 Church St. Seth Burt Mr. Seth Burt 8632 Vanderbilt Ln. #2004 Rena Huglenin Ms. Rena Huglenin 6001 Barton Hills Dr. #502 Candice Lindsey Ms. Candice Lindsey 2828 Bowood Court Lewis Chadwick Mr. Lewis Chadwick 6899 E. Lancaster David Price Mr. David Price 8205 Jerrie Jo Bobby F. Price Mr. Bobby F. Price 1003 Airport Rd. Samuel Mr. Samuel Frankenfield 7375 Hightower St. Frankenfield Mr. Warner C. Pilgrim 2833 Hunter St. Warner C. Pilgrim Mr. Pilgrim announced that a meeting would be held on Tuesday, June 15, 2004 at Handley Church of Christ at 3029 Handley Drive at 7:00 p.m. to discuss the demolition and invited everyone to attend. Recessed/ The City Council recessed at 12:27 a.m. to complete two remaining Reconvened items on the Executive Session agenda and reconvened at 1:15 a.m. Adjournment There being no further business, the meeting was adjourned at 1:15 a.m. ter, CI SECRETARY MAYOR 7