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HomeMy WebLinkAbout2004/07/13-Minutes-City Council CITY COUNCIL MEETING J U LY 13, 2004 Date & Time On the 13th day of July, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:11 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 Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Evangelist M. Schultz, Milk & Honey Ministries. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Stevenson, the minutes of the regular meeting of July 6, 2004, were approved unanimously. Special Ms. Jane Schlansker, President of Fort Worth Sister Cities Presentations International introduced Mr. Masashi Oguma, Nagaoka, Japan City Council Chairman and the visiting delegation from Israel. Announcements Mayor Moncrief recognized Boy Scout Perry Ginsberg from Boy Scout Troop No. 350 who was attending the Council meeting to learn about City government. Council Member Haskin expressed appreciation to the Parks and Community Services staff for all their efforts July 10, 2004 when Fort Worth hosted the U.S. Olympic Women's Softball team double- header game. She stated that it was a very successful event. Council Member Stevenson extended best wishes to Perry Ginsberg on his Boy Scout endeavors. He added that his grandson recently achieved Eagle Scout. Consent Agenda On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the consent agenda was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 2 of 22 tempore McCloud, that the following individuals be appointed to the Fort Worth Human Relations Commission effective July 13, 2004 and with terms expiring as indicated: Moujahed Bakhach October 1, 2005 Grace E. Naji' October 1, 2005 Linda Garcia October 1, 2004 OCS-1247 There was presented Mayor and Council Communication No. OCS- Claims 1247 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14423 There was presented Mayor and Council Communication No. G- Ord. #16032 14423 from the City Manager recommending that the City Council Amend and adopt Ordinance No. 16032 amending Chapter 17, "Human Revise Chapter Relations," Article II "Human Relations Commission," Article III 17, Articles II "Discrimination," Division 2 "Places of Public Accommodation," and III, to Reflect Division 3 "Employment Practice," and Division 4 "Fair Housing" Organizational of the Code of the City of Fort Worth, Texas (1986), as amended, to Changes from reflect the organizational changes resulting from the creation of Community Community Relations Department; providing updated language to Relations references to state law. It was the consensus of the City Council Department that the recommendation be adopted. G-14424 There was presented Mayor and Council Communication No. G- Ord. #16033 14424 from the City Manager recommending that the City Council Community authorize the City Manager to apply for and accept, if awarded, a Emergency Community Emergency Response Team grant in the amount of Response Team $9,942.00 from the Texas Association of Regional Councils; and Grant from adopt Appropriation Ordinance No. 16033 increasing estimated Texas receipts and appropriations in the Grants Fund in the amount of Association of $9,942.00, subject to receipt of the grant from the Texas Regional Association of Regional Councils, for the purpose of funding a Councils Community Emergency Response Team. It was the consensus of the City Council that the recommendation be adopted. G-14425 There was presented Mayor and Council Communication No. G- CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 3 of 22 Ord. #16034 14425 from the City Manager recommending that the City Council Transfer Funds adopt Appropriation Ordinance No. 16034 increasing estimated to Domestic receipts and appropriations in the Special Trust Fund in the Assault amount of $11,330.00 from available funds for the purpose of Response Team funding the Domestic Assault Response Team project, and Project authorize the transfer of $11,330.00 from the Special Trust Fund to replace $11,330.00 in ineligible in-kind expenditures for the Domestic Assault Response Team project. It was the consensus of the City Council that the recommendation be adopted. G-14426 There was presented Mayor and Council Communication No. G- Ord. #16035 14426 from the City Manager recommending that the City Council Consider consider and adopt the findings and opinions of the City Staff; find Application that the public necessity and convenience require the operation of Submitted by two pedicabs upon the City streets, alleys and thoroughfares; and Hot Wheels adopt Ordinance No. 16035 granting to Hot Wheels Pedicabs the Pedicabs to privilege to use the streets, alleys and public thoroughfares of the Operate Two City in the conduct of its pedicab business, which shall consist of Pedicabs within the operation of two pedicabs for a period beginning on July 14, the City 2004 and ending on July 13, 2009; specifying the terms and conditions of the grant; providing a severability clause; providing for written acceptance by All About Town Pedicabs, L.L.C. It was the consensus of the City Council that the recommendation be adopted. G-14427 There was presented Mayor and Council Communication No. G- Authorize Water 14427 from the City Manager recommending that the City Council and Sewer authorize the provision of water and sewer services to 6017 Services to 6017 Longhorn Lane located outside the city limits of the City of Fort Longhorn Lane Worth. It was the consensus of the City Council that the Outside City recommendation be adopted. Limits G-14428 There was presented Mayor and Council Communication No. G- Temporary 14428 from the City Manager recommending that the City Council Closure of authorize the temporary closure of McClure Street immediately McClure Street north of Butler Street for a period of 60 days. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14429 There was presented Mayor and Council Communication No. G- CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 4 of 22 Accept Donation 14429 from the City Manager recommending that the City Council of Storage accept the donation of six storage buildings from the Home Depot, Buildings to Inc. to the Animal Care and Control Center. Council Member Davis Animal Care and made a motion, seconded by Council Member Silcox, that the Control Center recommendation be adopted. The motion carried unanimously. Council Member Haskin expressed appreciation to Mr. Jim Leveritt, a member of the Animal Shelter Advisory Committee, who actually came up with this idea. G-14430 There was presented Mayor and Council Communication No. G- Authorize 14430 from the City Manager recommending that the City Council Rezoning authorize the City Manager to initiate rezoning of certain properties Properties located south of Camp Bowie Boulevard, west of Lake Como Park, Located South north of Vickery Boulevard and east of Bryant Irvin Road in of Camp Bowie accordance with the 2004 Comprehensive Plan. Blvd., West of Lake Como Mr. George Barnes, 5317 Bonnell, appeared before Council in Park, North of support of this issue and requested that Council postpone the vote Vickery Blvd. until three addresses could be verified and included in the and East of rezoning. Bryant Irvin Rd. George Barnes Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted subject to verification of the addresses. The motion carried unanimously. G-14431 There was presented Mayor and Council Communication No. G- Ord. #16036 14431 from the City Manager recommending that if the City Council Adopt approves Mayor and Council Communication G-14430, the City Moratorium of Council adopt Ordinance No. 16036 adopting a moratorium on Acceptance of acceptance of preliminary plats, unified residential development Applications for site plans, applications for building permits, certificates of Development of occupancy and other development permits for certain properties South Camp located South Camp Bowie Boulevard, west of Lake Como Park, Bowie Blvd., north of Vickery Boulevard and east of Bryant Irvin Road, except West of lake for development permits consistent with "A-5" One-Family Park, North of Residential Zoning, pending consideration of rezoning of such Vickery Blvd. properties; establishing an appeals procedure. Council Member and East of Stevenson made a motion, seconded by Mayor Pro tempore Bryant Irvin Rd. McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Stevenson expressed appreciation to all members CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 5 of 22 of the Como Community for all their hard work on this issue. L-13861 There was presented Mayor and Council Communication No. L- Permanent 13861 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 Tract 11, John Baugh Survey, Tarrant County, Texas from Ana Construction Yulisa Arrendondo for property located at 890 North Houston Easement Street north of the Central Business District (DOE 4296), necessary for the construction, operation, maintenance and repair of the sanitary sewer main M-1-1-1, Phase II for $700.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13862 There was presented Mayor and Council Communication No. L- Permanent 13862 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as Lot 1, Block B, Texas Star Addition, Tarrant County, Texas from the City of Euless for property located on South Pipeline Road (DOE 4003), needed for future development and sewer services for the Texas Star Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13863 There was presented Mayor and Council Communication No. L- Permanent 13863 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 8, Block 3, B. Harris Subdivision, Tarrant County, Texas from Pondt Construction Management Company, Inc. for property located in east Fort Worth Easement for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of $4,700.00. It was the consensus of the City Council that the recommendation be adopted. L-13864 There was presented Mayor and Council Communication No. L- Permanent 13864 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of five permanent sanitary sewer Easements easements described as A-1251, G.W. Parker Survey, Tarrant County, Texas from Hillwood Saratoga, L.P. for property located west of Alta Vista Road, south of Keller Haslet Road (DOE 4464), needed for sewer service for the Saratoga subdivision development. It was the consensus of the City Council that the recommendation be adopted. PZ-2535 There was presented Mayor and Council Communication No. PZ- CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 6 of 22 Heard With 2535 from the City Manager recommending that the City Council Zoning Docket institute limited purpose annexation and adopt an ordinance No. ZC-04-99 annexing approximately 277.33 acres of land situated in Tarrant County, Texas, owned by Edwards Geren Limited, for limited purposes and adopt a regulatory plan for the area. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. PZ-2535 be heard with Zoning Docket No. PZ-04-099 its associated zoning case. The motion carried unanimously. C-20110 There was presented Mayor and Council Communication No. C- Heard After 20110 from the City Manager recommending that the City Council Zoning Docket consider the request of Wal-Mart Stores Texas, L.P. and WJC No. ZC-04-104 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 Attorney Yett stated that staff had requested that Council action be delayed on Mayor and Council Communication No. C- 20110 until after Zoning Docket No. ZC-04-104, its associated zoning case. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Council delay action on Mayor and Council Communication No. C-20110 until after Zoning Docket No. ZC-04- 104. The motion carried unanimously. C-20146 There was presented Mayor and Council Communication No. C- United Cerebral 20146 from the City Manager recommending that the City Council Palsy of Tarrant authorize the reallocation and use of $205,938.00 in HOME County Investment Partnerships Program funds to United Cerebral Palsy of Tarrant County (UCP-TC) for homebuyers assistance, housing counseling and program operating support; authorize the City Manager to execute a contract with UPC-TC, not to exceed a total of $205,938.00; authorize the contract performance period to begin on the date of contract execution and end twelve months thereafter; authorize extension or renewal of the contract in writing for up to an additional twelve months, if UCP-TC requests an extension; and authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the original project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 7 of 22 C-20147 There was presented Mayor and Council Communication No. C- Tarrant County 20147 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing collection services of Fort Worth Public Improvement District taxes levied by the City for the 2004 year, which covers the period October 1, 2004 to September 30, 2005. It was the consensus of the City Council that the recommendation be adopted. C-20148 There was presented Mayor and Council Communication No. C- Tarrant County 20148 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of ad valorem taxes levied by the City for the 2004 tax year, which covers the period October 1, 2004 to September 30, 2005. It was the consensus of the City Council that the recommendation be adopted. C-20149 There was presented Mayor and Council Communication No. C- Viking 20149 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Viking Inc. Construction, Inc. in the amount of$682,642.00 for 45 working days for Micro-Surfacing 2004-20 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-20150 There was presented Mayor and Council Communication No. C- Ord. #16037 20150 from the City Manager recommending that the City Council Texas authorize the City Manager to execute a grant agreement with the Department of Texas Department of Transportation to operate the Impaired Transportation Driving Mobilization Selective Traffic Enforcement Program on an overtime basis in the amount of $14,705.00; adopt Appropriation Ordinance No. 16037 increasing estimated receipts and appropriations in the Grants Fund in the amount of $14,705.00, subject to receipt of the grant from the Texas Department of Transportation, for the purpose of funding the Impaired Driving Mobilization Selective Traffic Enforcement Program on an overtime basis; and authorize the City Manager to waive indirect costs in the amount of $2,742.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 8 of 22 C-20151 There was presented Mayor and Council Communication No. C- Amendment No. 20151 from the City Manager recommending that the City Council 1 to CSC #27591 authorize the City Manager to execute Amendment No. 1 to the - Freese & engineering agreement with Freese & Nichols, Inc., City Secretary Nichols, Inc. Contract No. 27591, to update the Water System Master Plan, increasing the total fee by $110,386.00 from $1,100,000.00 to $1,210,386.00. It was the consensus of the City Council that the recommendation be adopted. C-20152 There was presented Mayor and Council Communication No. C- Worth Heights 20152 from the City Manager recommending that the City Council Neighborhood approve a five-year Municipal Property Tax Abatement for a Association, Inc. property located at 213 East Fogg Street owned by the Worth Heights Neighborhood Association, Inc. in the Hemphill/Berry Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with the Worth Heights Neighborhood Association, Inc. are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with the Worth Heights Neighborhood Association, Inc. for 213 East Fogg Street located in the Hemphill/Berry NEZ, in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane C-20153 There was presented Mayor and Council Communication No. C- Phoenix 20153 from the City Manager recommending that the City Council Property authorize the City Manager to execute a community facilities Company of agreement with Phoenix Property Company of Texas, for the Texas installation of water and sewer services to serve TCU/Phoenix Apartments. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 9 of 22 C-20154 There was presented Mayor and Council Communication No. C- Continued Until 20154 from the City Manager recommending that the City Council August 5, 2004 authorize the City Manager to execute the First Amendment to the "Contract for Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, Certain Commercial Solid Waste, Yard Waste, C&D, and Large Brush and Large Bulky Waste by and between the City of Fort Worth, Texas and Waste Management of Texas, Inc." Mayor Moncrief prefaced the following citizen comments by stating that the City Council had extensive discussions on this amendment and reached a consensus to continue this issue until August 5, 2004 to allow for public input. He added that the City was trying to find a solution that would fit Fort Worth. The following individuals appeared before Council in support of the amendment: Sal Espino, Mr. Sal Espino 4920 Robinson St. Linda Rigdon, Ms. Linda Lou Rigdon 3454 Cimmaron Tr. Craig Poling, Mr. Craig Poling 7358 Anewby Ct. Ronald Evans, Mr. Ronald Evans 31446 th Ave. Mike Ranelle, Mr. Mike Ranelle 3950 Attura Ct. William Mr. William Henderson 3036 South Hills Cir. Henderson The following individuals appeared before Council in opposition of the amendment: David Powers, Mr. David M. Powers 2309 Westbrook Ave. Mike Noskin, Mr. Mike Noskin 8025 Sunscape Ln. Carol Ehlmann, Ms. Carol L. Ehlmann 2537 Boyd Ave. J. R. Olmstead, Mr. J. R. Olmstead 2315 Westbrook Ave. Byron Sousa, Mr. Byron E. Sousa 7733 Blossom Dr. Tolli Thomas, Ms. Tolli Thomas 5341 Wooten Dr. Reed Bilz, John Ms. Reed K. Bilz 6316 Walburn Ct. Huebener, Mr. John Huebener 4116 Alava Dr. Monnie Gilliam, Mr. Monnie Gilliam 1100 Vicki Lane Francisco Mr. Francisco Hernandez 2108 Alston Ave. Hernandez CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 10 of 22 City Attorney Yett stated that the motion to continue this issue should include instruction to staff to place public hearings on the July 20, 27, and August 5, 2004 City Council agendas, respectively, to allow public comment with action to be taken by the Council after public comment on August 5, 2004. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be continued until August 5, 2004 and that staff place public hearings on the July 20, 27, and August 5, 2004 City Council agendas to allow for public comment with action to be taken by the Council after public comment on August 5, 2004. The motion carried unanimously. ZC-04-044 It appeared that the City Council, at its meeting of June 8, 2004, Continued Until continued the hearing of the application of Mountain Way Group, August 10, 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 August 10, 2004. The motion carried unanimously. ZC-04-053 It appeared that the City Council, at its meeting of June 8, 2004, Continued Until continued the hearing of the application of RP/LPCII/Ashton Woods August 10, 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 Davis, that Zoning Docket No. ZC-04-053 be continued until August 10, 2004. The motion carried unanimously. ZC-04-039 City Attorney Yett stated that staff had withdrawn Zoning Docket Withdrawn No. ZC-04-039, application of Phillip Gaylen for a change in zoning for property located at 1418 Milam Street, as it was previously approved on June 8, 2004. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 11 of 22 Regular Zoning It appeared to the City Council that Resolution No. 3091 was Hearing adopted on June 15, 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 June 17, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-099 Council Member Haskin inquired if this property would have mixed uses to include construction of more apartment complexes. Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, representing the applicant, stated that he did not know if there would be a mixture of uses at this location and that construction of apartments was not planned. Council Member Silcox stated that it would be unwise to construct apartments on this property as the location already had many apartment complexes. After a lengthy discussion, Mayor Pro tempore McCloud called for the question, seconded by Council Member Silcox. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane City Attorney Yett advised that Council action should be taken on the annexation of the property, followed by the zoning request. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 12 of 22 PZ-2535 There was presented Mayor and Council Communication No. PZ- Ord. 16038 2535 from the City Manager recommending that the City Council Annexation of institute limited purpose annexation and adopt Ordinance No. Approximately 16038 annexing approximately 277.33 acres of land situated in 277.33 Acres of Tarrant County, Texas, owned by Edwards Geren Limited, for Land Located limited purposes and adopt a regulatory plan for the area. Council North of Member Silcox made a motion, seconded by Mayor Pro tempore Oakmont Blvd., McCloud, that the recommendation be adopted. The motion West of Hulen carried by the following vote: Street, South of Overton Ridge AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Blvd. and East Council Members Silcox, Wheatfall, Picht, of Bryant Irving Stevenson, and Davis Rd., and Adopt Regulatory Plan NOES: Council Member Haskin (Annexation ABSENT: Council Member Lane #AX-04-002, Edwards Geren Limited) ZC-04-099 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Edwards Geren Limited for a change in zoning of property located at 5400 through 5900 South Hulen and 6400 through 7000 Oakmont Boulevard from "C" Medium Density Multi-Family/unannexed property to "F" General Commercial (5.5 acres) and "MU-2" High Intensity Mixed Use (277.33 acres), Zoning Docket No. ZC-04-099, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane SP-04-027 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Wal-Mart Stores, Inc. for a site plan of property located in the Northeast corner of Maurice Avenue and West Beach Street for a Retail Strip Center, Site Plan No. SP-04-027 be approved by amending the site plan to include the requirement for placement of evergreen trees and the monument sign to be constructed at a height not to exceed six feet. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 13 of 22 SP-04-030 It appeared that the City Council, at its meeting of July 6, 2004, Continued for continued the hearing of the application of Phillip Galyen for a site Two Weeks plan of property located at 1418 Milam Street for parking lot and car leasing preparation area, Site Plan No. SP-04-030. 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 site plan of Phillip Galyen, Council Member Haskin made a motion, seconded by Council Member Davis, that Site Plan No. SP- 04-030 be continued for two weeks. The motion carried unanimously. ZC-04-104 It appeared that the City Council, at its meeting of June 8, 2004, SP-04-028 continued the hearing of the application of WCJ Assets, Ltd. for a Approved change in zoning of property located in the 6900 block of West 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 and fuel sales with exclusions. Mayor Moncrief asked if there was anyone present desiring to be heard. Tom Galbreath Mr. Tom Galbreath, 1501 Merrimac Circle, Suite 100, representing Dunaway & Associates, Inc., appeared before Council in support of the zoning request and provided an overview of the proposed development. Ben Loughry Mr. Ben Loughry, 777 Taylor Street, Suite 1040, appeared before Council in support of the development and provided a summary of a study he conducted relative to property values. The following individuals also appeared before Council in support of the zoning request: Lisa Feather, Ms. Lisa S. Feather 6454 Crestmore Rd. Robert Feather, Mr. Robert K. Feather 6454 Crestmore Rd. Joe Kline, Mr. Joe Kline 6720 Brants Ln. Doug Jennings, Mr. Doug Jennings 6251 Halifax Rd. C. Charles de Mr. C. Charles de Castro 4216 Cumberland Rd. N. Castro, Al Patel, Mr. Al Patel 4209 Clear Lake Cir. Sheryl Cornelius Ms. Sheryl Cornelius 7528 Overhill Rd. Dirk Tillery, Mr. Dirk Tillery 4417 Stonedale Deanna Garcia Ms. Deanna Garcia 6871 Chickering Rd. #254 CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 14 of 22 The following individuals appeared before Council in opposition of the zoning request: Karen Fetter, Ms. Karen Fetter 3913 Clayton Rd. E. Keith Hunter Mr. Keith J. Hunter 6479 Crestmore Rd. Michael Mr. Michael Montefusco 7117 Battle Creek Rd. Montefusco, Ms. Misty Goodrich 7116 Battle Creek Rd. Misty Goodrich, Ms. Camilla Reid 6809 Springhill Rd. Camilla Reid, Ms. Nancy Fleming 3709 Streamwood Rd. Nancy Fleming, Mr. Mike Barclay 7028 Falling Springs Rd. Mike Barclay, Ms. Nancy Honts 6812 Springhill Rd. Nancy Honts, Mr. John Jacobi 4004 Shadow Dr. John Jacobi, Mr. Dinesh Mehra 7020 W. Vickery Blvd. Dinesh Mehra, Mr. Gary Godbold 4124 Shannon Dr. Gary Godbold, Ms. Mary Koch Pettit 6817 Middle Rd. Mary Pettit, Mr. Robert Bashein 4509 Oak Manor Dr. #73 Beverly Ms. Beverly Branham 6482 Woodstock Rd. Branham, Ms. Pamela F. Campbell 4405 Oakton Pamela Mr. Scott Fetter 3913 Clayton Rd. E. Campbell, Scott Fetter Council Member Silcox asked Mr. Galbreath if delivery truck traffic could be limited to non-school hours, perhaps between the hours of 8:00 a.m. to 4:00 p.m. Mr. Galbreath stated that he did not know if this was possible and asked Mr. Tim Scott to respond. Tim Scott Mr. Tim Scott, 2614 NW "A" Street, Bentonville, Arkansas, Wal-Mart Real Estate Manager, appeared before Council and stated that neighborhood markets do not have a large volume of delivery trucks and that deliveries were usually scheduled from 6:00 a.m. to 10:00 a.m. and then again from 2:00 p.m. to 4:00 p.m. He stated that he would have to consult with the main office on this issue and provide a response to Council at another time. Council Member Silcox stated that he had conversations with constituents on both sides of this issue. He added that comments about safety, increased traffic, clientele, and property valuation had no basis. He further stated that this area was not conducive to single-family homes. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 15 of 22 There being no one else present desiring to be heard in connection with the application of WCJ Assets, Ltd., Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-104 and Site Plan No. SP-04-028 be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane 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. Mayor Moncrief read the names of individuals in support and in opposition of Mayor and Council Communication No. C-20110. C-20110 There was presented Mayor and Council Communication No. C- Wal-Mart Stores 20110 from the City Manager recommending that the City Council Texas, L.P. and consider the request of Wal-Mart Stores Texas, L.P. and WJC WJC Assets, Assets, LTD. for a variance from Section 4-4 of the City Code LTD. prohibiting the sale of alcoholic beverages within 300 feet of a public school. There being no one else 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 recommendation be adopted. The motion carried unanimously. AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Picht,Stevenson, and Davis NOES: Council Members Haskin and Wheatfall ABSENT: Council Member Lane CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 16 of 22 Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, appeared before Council and requested that Zoning Docket No. SP-04-027 be reconsidered at this time. He stated that although this case had been approved with amendments earlier in the meeting, individuals who completed citizen presentation cards did not have the opportunity to address Council. Reconsider Council Member Silcox made a motion, seconded by Mayor Pro Zoning Docket tempore McCloud, to reconsider Zoning Docket No. SP-04-027. No. SP-04-027 The motion carried unanimously. SP-04-027 Mr. Raffy Aladro, 1201 Bonnie Brae, appeared before Council in Approved support of the zoning change. He stated that height of the Raffy Aladro monument sign agreed to by the neighborhood association was 16 feet, not six feet. Jeffrey Wooten Mr. Jeffrey Wooten, 1501 Merrimac Circle, Suite 100, appeared before Council in support of the zoning change. He provided an overview of the monument sign and requested Council's favorable consideration. Council Member Haskin made a motion, seconded by Council Member Silcox, that the application of Wal-Mart Stores, Inc. for a site plan of property located in the Northeast corner of Maurice Avenue and West Beach Street for a Retail Strip Center, Site Plan No. SP-04-027 be approved by amending the site plan to include the requirement for placement of evergreen trees and the monument sign constructed at a height not to exceed sixteen feet. The motion carried unanimously. ZC-04-127 Mr. Robert Hafkesbring, 5313 Mosson Road, applicant for the Approved property, appeared before Council in support of the zoning Robert request. Hafkesbring Mayor Moncrief asked that the record reflect that Ms. Harriet Hooper, 4112 Shadow Drive, submitted a citizen presentation card in opposition of the zoning change. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that the application of Robert Hafkesbring/ Noelle Bleuler for a change in zoning of property located at 5501 East IH 20 from "B" Two-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for outdoor storage of plant nursery materials and a screening fence along the north boundary, no storage of large equipment, and waiver of Site Plan requested, Zoning Docket No. ZC-04-127, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 17 of 22 ZC-04-130 Council Member Silcox made a motion, seconded by Council SP-04-032 Member Davis, that the application of Oliver Dyer for a change in Approved zoning of property located at 8320 Camp Bowie Boulevard West from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus warehouse for appliance storage, Zoning Docket No. ZC-04-130 and Site Plan No. SP-04-032, be approved. The motion carried unanimously. ZC-04-132 Council Member Haskin made a motion, seconded by Council Approved Member Silcox, that the application of Davis Restorations, Inc. for a change in zoning of property located at 2604 NW 17th Street from "I" Light Industrial to "B" Two-Family, Zoning Docket No. ZC-04- 132, be approved. The motion carried unanimously. ZC-04-133 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Gary Fritchen for a change in zoning of property located in the 8400 Block of Blue Mound Road from "R-1" Zero Lot Line/Cluster Residential and "A-5" One- Family to "E" Neighborhood Commercial and "AG" Agricultural, Zoning Docket No. ZC-04-133, be approved. The motion carried unanimously. ZC-04-134 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Hillwood Residential for a change in zoning of property located in the southeast corner of Harmon Road and FM 156 from "CF" Community Facilities to "A-5" One-Family, Zoning Docket No. ZC-04-134, be approved. The motion carried unanimously. ZC-04-135 Council Member Davis made a motion, seconded by Council Continued for Member Silcox, that the application of Paul A. and Shirley D. One Week Johnson for a change in zoning of property located at 412 East 6th Street, 709 Jones Street, 401 and 409 East 7th Street from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-04-135, be continued for one week. The motion carried unanimously. ZC-04-136 Council Member Wheatfall made a motion, seconded by Council Approved Member Haskin, that the application of Cathedral of Faith Church of God in Christ for a change in zoning of property located at 3500 House Anderson Road from "AG" Agricultural to "CF" Community Facilities, Zoning Docket No. ZC-04-136, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 18 of 22 ZC-04-139 Council Member Stevenson stated that this zoning case also had a SP-04-033 companion site plan and that his motion would include both Denied Without Zoning Docket No. ZC-04-139 and Site Plan No. SP-04-033. Prejudice He made a motion, seconded by Council Member Silcox, that the application of John W. McMackin for a change in zoning of property located at 4801 West Freeway from "E" Neighborhood Commercial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial with reduction of rear yard requirement along Locke Street, Zoning Docket No. ZC-04-139 and SP-04-033, site plan for retail shopping center be denied without prejudice. The motion carried unanimously. ZC-04-140 Mayor Pro tempore McCloud made a motion, seconded by Council SP-04-034 Member Davis, that the application of Manhattan Marathon Approved Investment, L.P. for a change in zoning of property located at 5317 Archer Drive from "A-7.5" One-Family to "PD/SU" Planned Development/Specific Use for One-Family Residence with a lot size of 7,150 square feet, Zoning Docket No. ZC-04-140 and Site Plan No. SP-04-034, be approved. The motion carried unanimously. ZC-04-143 It appeared that the City Council set today as the date for a hearing Ord. #16039 for Zoning Docket No. ZC-04-143, Text Amendment amending the Text Zoning Ordinance of the City of Fort Worth, being Ordinance No. Amendment 13896, as amended, codified as Appendix "A" of the Code of the Approved City of Fort Worth, by amending Section 2.102 "Scenic Preservation and Design Review Commission" of Chapter 2, "Review Bodies," to delete the two ad-hoc members and expand the powers of the Scenic Preservation and Design Review Commission. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-143 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 19 of 22 ORDINANCE NO. 16039 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.102 "SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION" OF CHAPTER 2, "REVIEW BODIES", TO DELETE THE TWO AD-HOC MEMBERS AND EXPAND THE POWERS OF THE SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Lane ZC-04-144 Council Member Davis made a motion, seconded by Council SP-04-036 Member Stevenson, that the application of Southside Preservation Approved Association for a change in zoning of property located at 1505 Lipscomb from "C" Medium Density Multi-Family to "PD/SU" Planned Development/Specific Use for the following uses: Library Center (not government operated or controlled); Community Recreation or Welfare; profit or non-profit; Place of Worship Auxiliary Use; Fundraising Events; Museum/Cultural Facility; Theater or Auditorium; Offices (for use by Southside Preservation Association); Bakery (as part of job training program); Wedding Service; Holy Union Service, or other similar event; Reception or Social Gathering; Continuing Education classes; including but not limited to: Health and Recreation, cooking, baking, home repair, homemaking, landscaping language, dance, music, and 1518 Lipscomb from "C" Medium Density Multi-Family to "A-5" One Family Residential, Zoning Docket No. ZC-04-144 and Site Plan No. SP-04-036, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 20 of 22 ZC-04-102 Council Member Haskin made a motion, seconded by Council Denied Member Davis, that the application of Lavenia Hudgins for a change in zoning of property located at 7325 Randol Mill Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-04- 102, be denied. The motion carried unanimously. ZC-04-128 Mr. Jim Schell, 901 Fort Worth Club Building, representing the Denied Without applicant, appeared before Council in support of the zoning Prejudice change. He stated that he had filed an appeal and summarized the Jim Schell basis for the appeal. He requested that Council's consideration for a denial without prejudice be approved. James Toal Mr. James Toal, 341 Nursery Lane, appeared before Council in support of the denial without prejudice. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the application of Will Rogers Properties, LLC. for a change in zoning of property located at 301 Nursery Lane from "B" Two-Family to "PD/SU" Planned Development/Specific Use for continued use of a fourplex, Zoning Docket No. ZC-04-128, be denied without prejudice. The motion carried unanimously. ZC-04-137 Council Member Haskin made a motion, seconded by Council Denied Without Member Davis, that the application of Sirus A. Ferdows for a Prejudice change in zoning of property located one mile west of the SH 114 & FM 156 Intersection in ETJ from "AG" Agricultural to "G" Neighborhood Commercial and "A-5" One-Family, Zoning Docket No. ZC-04-137, be denied without prejudice. The motion carried unanimously. ZC-04-138 Council Member Haskin made a motion, seconded by Council Returned to Member Wheatfall, that the application of American Diversified Zoning Properties, Inc. for a change in zoning of property located in the Commission northwest Corner of North Tarrant Parkway and US Highway 377 from "I" Light Industrial to "A-5" One-Family (Tract 1) and "R-2" Townhouse/Cluster Residential (Tract 2, Zoning Docket No. ZC-04- 138, be returned to the City Zoning Commission. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 13, 2004 PAGE 21 of 22 ZC-04-105 Council Member Silcox made a motion, seconded by Council SP-04-029 Member Stevenson, that the application of J.L. Maberry for a Continued Until change in zoning of property located in the 9500 block of Santa August 10, 2004 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 continued until August 10, 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 Council Member Stevenson, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16040 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 The following individuals appeared before Council relative to Presentations inadequate drainage in their community. They requested Council Raul Gutierrez, review a report of a study performed by the City two years ago that Bobbie Shosty identified drainage issues in their community. Reverend Raul Gutierrez 4200 Camp Bowie Blvd. Ms. Bobbie Shosty 2220 Carlton Ave. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 13, 2004 PAGE 22 of 22 Council Member Silcox requested that the report be provided to the Capital Improvement and Infrastructure Committee. Adjournment There being no further business, the meeting was adjourned at 12:19 p.m. 'lea-� z Cc�Z CIT4 SECRETARY MAYOR