Loading...
HomeMy WebLinkAbout2004/08/10-Minutes-City Council CITY COUNCIL MEETING AUGUST 10, 2004 Date & Time On the 10th day of August, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:04 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 temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Darius Johnston, Christ 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 August 5, 2004, were approved unanimously. Special Ms. Roberta Florez summarized the activities of the 2004 Parks and Presentations Community Services (PACS) Mobile Recreation Program Summer Day Camp. She stated that 615 children participated in the program this year and expressed appreciation to Council Member Davis for recognizing the need for this program on the south side of Fort Worth and for her encouragement. Council Member Davis commended Ms. Florez and Ms. Sheri Endsley, PACS South District Superintendent for their hard work on this program. She also expressed appreciation to Carter & Burgess, Pier One, Randy Gideon, Plaza Medical Center, and an anonymous contributor, who made this program successful. Council Member Lane assumed his chair. Mr. Patrick Rummerfield, President, Next Steps Foundation, appeared before Council and provided information relative to his foundation, a spinal cord rehabilitation center. He requested that Council provide him a letter supporting this type of rehabilitation facility in Fort Worth. Mayor Moncrief stated that he would draft a letter in support of the facility for Council's consideration next week. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 2 of 24 Announcements Mayor Moncrief introduced Ms. Marty Hendrix, former City Secretary from Lewisville. He stated that Ms. Hendrix would be appointed this evening as the Fort Worth City Secretary, effective August 16, 2004. He summarized her experience and qualifications for the position and welcomed her to the City of Fort Worth. Mayor Moncrief also announced that in honor of Fort Worth being named as one of America's Most Livable Cities, a day-long celebration would be held October 9, 2004 at Gateway Park. He added that it would be a family picnic-type atmosphere and encouraged everyone to attend. Council Member Wheatfall announced that District 5 would host an introductory meeting August 14, 2004 from 10:00 a.m. to noon at the Eugene McCray Center. He stated that the purpose of the meeting was to introduce himself to the community and to discuss the vision and hopefully begin a summit for the status of District 5. He added that over 100 invitations were sent to Neighborhood Association presidents and members and encouraged them to attend the meeting and be part of the process. Council Member Lane stated that members of the Fort Worth Police Department participated in the traffic stop of a tractor-trailer transporting 75 undocumented men, women, and children from Mexico. He commended the generosity of Esperanza's and Joe T. Garcia's restaurants for providing food and beverages for these individuals. Mayor Pro tempore McCloud expressed appreciation to Ms. Sylvia Glover for her work as Acting City Secretary. He stated that she had kept the department operating smoothly during this transition process that included a Special Election. Ms. Glover received a standing ovation from the Council and audience. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-20204 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 3 of 24 Appointment of Council Member Haskin made a motion, seconded by Council City Secretary Member Silcox, that Marty Hendrix be appointed as City Secretary effective August 16, 2004. The motion carried unanimously. Appointments Council Member Haskin encouraged Council to submit their nominations for appointment to the Scenic Preservation Committee by September 1, 2004. Ord. #16061 Council Member Davis introduced Ordinance No. 16061 on first Budget reading setting forth an itemized estimate of the expense of Ordinance — 1St conducting each department, division, and office of the Municipal Reading of Government of the City of Fort Worth for the ensuing Fiscal Year, Appropriation beginning October 1, 2004, and ending September 30, 2005, and Ordinance for appropriating money for the various funds and purposes of such 2004-2005 Fiscal estimate; appropriating money to pay interest and principal sinking Year fund requirement on all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a Committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for publication and final passage thereof. Council Member Silcox seconded the motion and it carried unanimously. City Manager Jackson stated that workshops would be held on the budget and public input received through public hearings before final adoption of the ordinance. He asked that the public hearing on the proposed Fiscal Year 2004-2005 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance be held at this time. City Attorney Yett stated that the recommended action was to approve on first reading the appropriation ordinance and to accept for introduction the ad valorem tax levy ordinance, to direct staff to schedule a public hearing on both ordinances at each regularly scheduled City Council meeting until final adoption of the ordinances, and to direct staff to publish notice of the ordinances in accordance with applicable law. As previously stated by the City Manager, today's action is not final approval of either ordinance. Budget Hearing It appeared that the City Council set today as the date for the hearing in connection with the proposed Fiscal Year 2004-2005 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the ordinance. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 4 of 24 Ordinance City Manager Gary Jackson introduced the proposed ordinance Levying Ad levying Ad Valorem Taxes for 2004 based on the City Manager's Valorem Taxes estimates. for 2004 Fiscal Year Budget Res. #3109 There was presented Resolution No. 3109 approving the Fiscal Approve Fiscal Year 2004-2005 Tarrant County 9-1-1 District Budget. Council Year 2004-2005 Member Davis made a motion, seconded by Council Member Tarrant County Haskin, that the resolution be adopted. The motion carried 9-1-1 District unanimously. Budget Mayor Moncrief recognized Mr. Blade Herrera from Boy Scout Troop 144 who was attending the Council Meeting working on his Communication Badge. OCS-1432 There was presented Mayor and Council Communication No. OCS- Claims 1432 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-14451 There was presented Mayor and Council Communication No. G- Ord. #16062 14451 from the City Manager recommending that the City Council Settlement of approve the proposed settlement of the claims of Plaintiffs in the Lawsuit Entitled lawsuit entitled Shonna Bertlesman, et al. v. City of Fort Worth, Shonna Texas; authorize the payment of $48,400.00 in back pay, with Bertlesman appropriate payroll withholdings and retirement contributions, to Lawsuit et al. v. Plaintiffs with the checks made payable to each Plaintiff; authorize City of Fort the payment of $14,866.15 with the check made payable to Deats & Worth Cause Levy, P.C., attorneys for Plaintiffs; authorize the appropriate City #141-194976-02 representative to execute the documents necessary to complete the settlement; authorize the transfer of $48,400.00 from the Property and Casualty Insurance Fund to the General Fund; and adopt Supplemental Appropriation Ordinance No. 16062 increasing estimated receipts and appropriations in the General Fund in the amount of $48,400.00 from available funds, for the purpose of funding the settlement of claims in the lawsuit, Shonna Bertlesman, et al. v. City of Fort Worth, Texas in the District Court of Tarrant County, Cause No. 141-194976-02. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 5 of 24 G-14452 There was presented Mayor and Council Communication No. G- Ord. #16063 14452 from the City Manager recommending that the City Council Correct Ord. adopt Ordinance No. 16063 amending Ordinance No. 16001 to #16001 reflect the correct zoning case number for Zoning Case ZC-03-320A Concerning for property located at 2601 West Seventh Street. It was the Zoning Case ZC- consensus of the City Council that the recommendation be 03-320A adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on designating Tax Abatement Reinvestment Zone No. 49, 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-14453 as follows: G-14453 There was presented Mayor and Council Communication No. G- Designating Tax 14453 from the City Manager recommending that the City Council Abatement hold a public hearing concerning the designation of Tax Abatement Reinvestment Reinvestment Zone No. 49, City of Fort Worth, Texas; and adopt an Zone #49 ordinance designating a certain area in the City of Fort Worth as Continued for "Tax Abatement Reinvestment Zone Number Forty-Nine, City of one week Fort Worth, Texas". There being no one present desiring to be heard in the public hearing on designating Tax Abatement Reinvestment Zone No. 49, City of Fort Worth, Texas, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing and Mayor and Council Communication No. G-14453 be continued for one week. The motion carried unanimously. G-14454 There was presented Mayor and Council Communication No. G- Applications for 14454 from the City Manager recommending that the City Council Partial Approval approve the applications from ten property owners for partial of Historic Site approval of the Historic Site Tax Exemption for historically Tax Exemption designated properties located at 2228 Mistletoe Avenue, 1711 6th to Historically Avenue, 1417 Alston Avenue, 2112 Fairmount Avenue, 1405 South Designated Henderson Street, 4221 Kenwood Court, 1401 South Henderson Properties Street, 2200 College Avenue, 1508 Lipscomb Street, and 2325 Mistletoe Avenue. 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 AUGUST 10, 2004 PAGE 6 of 24 G-14455 There was presented Mayor and Council Communication No. G- Ord. #16064 14455 from the City Manager recommending that the City Council Funds from Wal- accept a monetary donation in the amount of $1,000.00 from the mart Foundation Wal-mart Foundation; and adopt Supplemental Appropriation for Fire Ordinance No. 16064 increasing estimated receipts and Department appropriations in the General Fund in the amount of $1,000.00 from available funds for the purpose of funding equipment and furnishings for Fire Station 39. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14456 There was presented Mayor and Council Communication No. G- Ord. #16065 14456 from the City Manager recommending that the City Council Grant from authorize the City Manager to accept a grant in the amount of Amon G. Carter $36,000.00 from the Amon G. Carter Foundation to supplement the Foundation to operation of the 2004 Parks and Community Services Summer Day Assist Parks and Camp at Como Community Center; and adopt Appropriation Community Ordinance No. 16065 increasing estimated receipts and Services 2004 appropriations in the Special Trust Fund in the amount of Summer Day $36,000.00 from available funds for the purpose of funding the Camp at Como operation of the 2004 Parks and Community Services Summer Day Community Camp at Como Community Center. Council Member Stevenson Center made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Stevenson expressed appreciation to the Amon G. Carter Foundation, especially Sheila Johnson, granddaughter of Amon G. Carter; Judy Needham from Fort Worth Independent School District; John Robinson; members of the neighborhood association and the area council who worked so hard for the community center; and to Carol Brown from Parks and Community Services. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 7 of 24 P-10000 There was presented Mayor and Council Communication No. P- Ord. #16066 10000 from the City Manager recommending that the City Council Submachine authorize the purchase of submachine guns and accessories from Guns and AmChar Wholesale, Incorporated for the Police Department based Accessories on overall low total bid of $38,421.63. Shipping cost is included to the receiving point with payment due 30 days after receipt of invoice; and adopt Supplemental Appropriation Ordinance No. 16066 increasing appropriations in the Federal Awarded Assets Fund in the amount of $38,421.63 from available funds, for the purpose of funding the purchase of submachine guns and accessories from AmChar Wholesale, Inc. for the Police Department. It was the consensus of the City Council that the recommendation be adopted. P-10001 There was presented Mayor and Council Communication No. P- Drinking Water 10001 from the City Manager recommending that the City Council Pump Impeller authorize the purchase of a drinking water pump impeller from Oslin Nation for the Water Department based on the sole source procurement of $28,814.00 including freight and payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. L-13874 There was presented Mayor and Council Communication No. L- Avigation 13874 from the City Manager recommending that the City Council Easement authorize and accept an avigation easement described as Lot 3, Block 96, M.G. Ellis Addition, Tarrant County, Texas from Romualdo Meza over property located south of Meacham International Airport at 3105 Refugio Avenue, Fort Worth, Texas, for the Meacham International Airport Noise Mitigation Program, for a cost of $1.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13875 There was presented Mayor and Council Communication No. L- Condemnation 13875 from the City Manager recommending that the City Council of Land and declare the necessity of condemning a parcel of land, portion of Permanent Abstract No. 1341, Tarrant County, Texas, owned by Vien Bui for Easement one permanent easement and one right-of-way parcel required to provide street improvements along Hitson Lane (DOE 2736); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 8 of 24 C-20197 There was presented Mayor and Council Communication No. C- Kimco 20197 from the City Manager recommending that the City Council Montgomery consider approval of a Unified Sign Agreement for Montgomery Plaza, L.P. Plaza, located at 2601 West 7t" Street. It was the consensus of the City Council that the recommendation be adopted. C-20198 There was presented Mayor and Council Communication No. C- Tarrant County 20198 from the City Manager recommending that the City Council College District authorize the City Manager to execute an amendment to the agreement with Tarrant County College District (TCCD) increasing the scope in which TCCD will contribute tax increment to Tax Increment Reinvestment Zone Number Three (Downtown TIF). It was the consensus of the City Council that the recommendation be adopted. C-20199 There was presented Mayor and Council Communication No. C- Alan Plummer 20199 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, Inc. in the amount of $79,106.00 for Water and Sanitary Sewer Replacement Contract 2004, WSM-A. It was the consensus of the City Council that the recommendation be adopted. C-20200 There was presented Mayor and Council Communication No. C- Carter & 20200 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering agreement with Carter & Burgess, Inc. for a fee not to exceed $111,509.00 to prepare plans and specifications for the 36-inch Walnut Creek Interceptor. It was the consensus of the City Council that the recommendation be adopted. C-20201 There was presented Mayor and Council Communication No. C- Ord. #16067 20201 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an interlocal agreement with Commission on the Texas Commission on Environmental Quality for the operation Environmental of nine Whole Air Samplers by the City of Fort Worth at nine sites. Quality The agreement amount is $347,200.00 for the year FY 2004-2005; and adopt Appropriation Ordinance No. 16067 increasing estimated receipts and appropriations in the Grants Fund in the amount of $347,200.00 subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of nine Whole Air Samplers. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 9 of 24 C-20202 There was presented Mayor and Council Communication No. C- Eagle 20202 from the City Manager recommending that the City Council Construction authorize the City Manager to enter into contracts with Eagle and Construction and Environmental Services, L.P. and Protect Environmental Environmental Services, Inc. for emergency spill response Services, L.P. services. These contracts will be for the period September 1, 2004, and Protect through August 31, 2005, with the option to renew for two Environmental additional one-year periods, at a not to exceed amount for each Services, Inc. contract of $25,000.00 per year. It was the consensus of the City Council that the recommendation be adopted. C-20203 There was presented Mayor and Council Communication No. C- Ord. #16068 20203 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an interlocal agreement with Commission on the Texas Commission on Environmental Quality to operate three Environmental continuous air monitoring stations (ozone monitoring stations) for Quality the period September 1, 2004 through August 31, 2005; and adopt Appropriation Ordinance No. 16068 increasing estimated receipts and appropriations in the Grants Fund in the amount of $60,000.00 subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of three continuous Air Monitoring Stations. It was the consensus of the City Council that the recommendation be adopted. C-20204 There was presented Mayor and Council Communication No. C- Ord. #16069 20204 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an interlocal agreement with Commission on the Texas Commission on Environmental Quality for the operation Environmental of local air pollution monitors at five sites. The agreement amount Quality is $86,000.00 for FY 2004-2005; and adopt Appropriation Ordinance No. 16069 increasing estimated receipts and appropriations in the Grants Fund in the amount of $86,000.00 subject to execution of an interlocal agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of local Air Pollution Monitors at nine sites. City Manager Jackson stated that Section 1 of the ordinance needed to be amended to change the number of air pollution monitors from "nine" to "five". Council Member Silcox made a motion, seconded by Council Member Mayor Pro tempore McCloud, that Mayor and Council Communication No. C-20204 be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 10 of 24 C-20205 There was presented Mayor and Council Communication No. C- Ord. #16070 20205 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an amendment to City Commission on Secretary Contract No. 30188 with the Texas Commission on Environmental Environmental Quality increasing the not to exceed amount of the Quality contract from $347,200.00 to $349,430.71; and adopt Appropriation Ordinance No. 16070 increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,230.71 subject to receipt of an executed amendment to City Secretary Contract No. 30188 with the Texas Commission on Environmental Quality for the purpose of funding the operation of Local Air Pollution Monitors. It was the consensus of the City Council that the recommendation be adopted. C-20206 There was presented Mayor and Council Communication No. C- Bethesda Water 20206 from the City Manager recommending that the City Council Supply authorize the City Manager to execute an amendment to the Corporation Uniform Wholesale Water Contract with Bethesda Water Supply Corporation to provide water to Ashford Park and Vista Oaks Additions and to acquire the Tarrant County Fresh Water Supply Corporation #1 water Certificate of Convenience and Necessity; and execute a Uniform Wholesale Wastewater Contract with the Bethesda Water Supply Corporation. It was the consensus of the City Council that the recommendation be adopted. C-20207 There was presented Mayor and Council Communication No. C- Ord. #16071 20207 from the City Manager recommending that the City Council Texas Health authorize the City Manager to apply for and accept, if awarded, a and Human grant from the Texas Health and Human Services Commission Services (HHSC) requesting up to $75,000.00 from the Year 2005 Child and Commission Adult Care Nutrition Program (CACNP) for At Risk After School Programs funds; adopt Appropriation Ordinance No. 16071 increasing estimated receipts and appropriations in the Grants Fund in the amount of $75,000.00 from available funds for the purpose of funding a contract with the Texas Health and Human Services Commission for a Child and Adult Care Nutrition Program for At Risk After School Programs; authorize the execution of a contract with HHSC for the CACNP for At Risk After School Programs for the period October 1, 2004 through September 30, 2005, upon receipt of the grant; and authorize the City Manager to waive the indirect costs as no salaries are involved. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 11 of 24 C-20208 There was presented Mayor and Council Communication No. C- McAlester 20208 from the City Manager recommending that the City Council Construction & authorize the City Manager to execute a contract with McAlester Fence, Inc. Construction & Fence, Inc. in the amount of $236,000.00 for pond dredging at Meadowbrook Golf Course. It was the consensus of the City Council that the recommendation be adopted. C-20209 There was presented Mayor and Council Communication No. C- Ord. #16072 20209 from the City Manager recommending that the City Council Texas authorize the City Manager to execute a contract with the Texas Department of Department of Housing and Community Affairs in the amount of Housing and $15,000.00 to assist low-income households, affected by recent Community storms, with cleaning supplies, bedding and other household Affairs items; adopt Appropriation Ordinance No. 16072 increasing estimated receipts and appropriations in the Grants Fund in the amount of $15,000.00 from available funds for the purpose of funding a contract with the Texas Department of Housing and Community Affairs to assist low-income households affected by recent storms; and authorize the City Manager to waive indirect costs as no salaries are involved. It was the consensus of the City Council that the recommendation be adopted. First Public It appeared that the City Council set today as the date for the first Hearing public hearing for the proposed voluntary full purpose annexation Proposed of approximately 68.32 acres of land located at the northwest Voluntary Full corner of Haltom-Bailey-Boswell Road and Park Road. Mayor Purpose Moncrief asked if there was anyone present desiring to heard. Annexation of Approximately Mr. Don Smoot, representing the Development Department, 68.32 Acres appeared before Council, presented a staff report, and stated that Located at NW the second public hearing would be scheduled for August 24, 2004. Corner of Haltom-Bailey- Mr. Chuck Stark, 3304 Old Dennis, Weatherford, Texas, Boswell Rd. and representing the applicant, appeared before Council in support of Park Rd. the annexation. He summarized the proposed project and (AX-04-007) requested Council's favorable consideration. Chuck Stark Council Member Stevenson stated that the City was very interested in voluntary annexation. He requested that the applicant strongly consider this project being a very diverse and quality project and that the applicant meet with City staff to discuss the master plan. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 12 of 24 There being no one else present desiring to be heard in connection with the first public hearing for the proposed voluntary full purpose annexation of approximately 68.32 acres of land located at the northwest corner of Haltom-Bailey-Boswell Road and Park Road, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3104 was Hearing adopted on July 20, 2004 setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on July 22, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-287 Ms. Marwa Alwahban, 1516 Natches Drive, Arlington, Texas, SP-04-020 representing the applicant, appeared before Council in support of Approved the zoning request. M arwa Alwahban Council Member Davis expressed concern that the site plan reflected a chain link fence on this property. She stated that City ordinance required that either a wood or masonry fence be constructed and asked Ms. Alwahban if the applicant understood the requirement. Ms. Alwahban stated that she understood the provision that a wood or masonry fence be constructed. Council Member Davis made a motion, seconded by Council Member Silcox, that the application of Gaylord T. Vany for a change in zoning of property located at 1245 East Seminary Drive from "F-R" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "F-R" General Commercial Restricted and continued use of outside tire repair and outside storage with screening fence around outside storage and site plan required, Zoning Docket No. ZC-03-287 and Site Plan No. SP-04-020, be approved. The motion carried unanimously. ZC-04-044 It appeared that the City Council, at its meeting of July 13, 2004, Continued Until continued the hearing of the application of Mountain Way Group, September 14, LLC. for a change in zoning of property located in the 9800 block of 2004 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. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 13 of 24 Mr. Bob Riley, Development Department Director, stated that staff had received a letter from the applicant requesting this case be continued until September 14, 2004. 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 Stevenson, that Zoning Docket No. ZC-04-044 be continued until September 14, 2004. The motion carried unanimously. ZC-04-053 It appeared that the City Council, at its meeting of July 13, 2004, Approved continued the hearing of the application of RP/LPCII/Ashton Woods Homes for a change in zoning of property located in the 3000 block of River Park Drive from "G" Intensive Commercial to "R2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04-053. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street #1040, representing the applicant, 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 RP/LPCII/Ashton Woods Homes, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-053 be approved. The motion carried unanimously. ZC-04-068 Mr. Vincent Jarrard, 8409 Pickwick Lane #201, Dallas, Texas, SP-04-041 applicant for the rezoning, appeared before Council and requested Continued Until their favorable consideration. September 14, 2004 Vincent Jarrard Preston Phillips Mr. Preston Phillips, 2309 Goldenrod Avenue, appeared before Council in opposition of the zoning change. He stated that the Alliance Neighborhood Association had worked hard to prevent further development of this type of business into the community. He requested that Council deny the zoning request. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 14 of 24 Council Member Haskin made a motion, seconded by Council Member Lane, that the application of Ron Self for a change in zoning of property located at 3500 NE 28th Street from "B" Two- Family Residential and "E" Neighborhood Commercial to "F-R" General Commercial Restricted and "PD/SU" Planned Development Specific Use and for car wash, lube center with site plan required, Zoning Docket No. ZC-04-068 and Site Plan No. SP-04-041, be continued until September 14, 2004 to meet with the community to discuss this project. Mr. Jarrard provided rebuttal and stated that the applicant was approached by City staff to rezone this property and that the development would enhance the corridor. He asked that Council Member Haskin reconsider her motion to delay for one month. Council Member Haskin stated that knowledge of this project was provided her when she received her zoning book for review. She added that the neighborhood had not been given an opportunity to comment on the development. The motion carried unanimously. ZC-04-098 Mr. Preston Phillips, 2309 Goldenrod Avenue, appeared before SP-04-026 Council in support of the requested zoning change and Approved commended Calvary Cathedral for listening to and working well Preston Phillips with the neighborhood on this rezoning. Council Member Lane made a motion, seconded by Council Member Davis, that the application of Calvary Cathedral International for a change in zoning of property located at 1701 Oakhurst Scenic Drive from "C-F" Community Facilities to "PD/SU" Planned Development/Specific Use for church related activities and signs that exceed the maximum height allowed in the "C-F" Community Facilities District with site plan required, Zoning Docket No. ZC-04-098 and Site Plan No. SP-04-026, be approved. The motion carried unanimously. ZC-04-145 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Bell Helicopter for a change in zoning of property located in the 9500 block of Trinity Boulevard from "K" Heavy Industrial to "R-2" Townhouse/Cluster Residential and "A-5" One-Family Residential, Zoning Docket No. ZC-04-145, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 15 of 24 ZC-04-146 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Farah Real Estate, L.P. for a change in zoning of property located at 821 North Sylvania Avenue from "F-R" General Commercial Restricted to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-146, be approved. The motion carried unanimously. ZC-04-149 Council Member Wheatfall made a motion, seconded by Council Approved Member Lane, that the application of Kathy Lehne for a change in zoning of property located at 12409 Calloway Cemetery Road from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial plus petroleum product storage tanks and waiver of site plan recommended, Zoning Docket No. ZC-04-149, be approved. The motion carried unanimously. ZC-04-151 Mr. H. Dennis Hopkins, 6850 Manhattan Blvd., #406, representing Approved the applicant, appeared before Council in support of the zoning Dennis Hopkins request and stated that the development would have approximately 10 or 11 lots. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Grana, Inc. for a change in zoning of property located at 1000 Morrison Drive from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-151, be approved. The motion carried unanimously. ZC-04-152 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Edwards Geren, Ltd. for a change in zoning of property located in the 5500 thru 5700 block of South Hulen from "AG" Agricultural to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-04-152, be approved. The motion carried unanimously. ZC-04-153 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Texas Wesleyan University for a change in zoning of property located in the 3100-3200 blocks of East Vickery Blvd from "MU-1" Low Intensity Mixed Use to "CF" Community Facilities, Zoning Docket No. ZC-04-153, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 16 of 24 ZC-04-154 Council Member Lane made a motion, seconded by Council SP-04-038 Member Silcox, that the application of All Saints Catholic Church Approved for a change in zoning of property located at 2001 & 2003 Ellis Avenue from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for community center and church related activities with site plan required, Zoning Docket No. ZC-04- 154 and Site Plan No. SP-04-038, be approved. The motion carried unanimously. ZC-04-155 Council Member Lane 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 3713 Houston Street from "J" Medium Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-155, be approved. The motion carried unanimously. ZC-04-159 Council Member Lane made a motion, seconded by Council Approved Member Wheatfall, that the application of Robert Petrie for a change in zoning of property located at 1202 Jacksboro Highway from "PD-263" to "PD/SU" Planned Development/Specific Use to amended PD-263 to add sale of new furniture and appliances as a permitted use with site plan required, Zoning Docket No. ZC-04- 159, be approved. The motion carried unanimously. ZC-04-161 Council Member Wheatfall made a motion, seconded by Council Approved Member Davis, that the application of Bell Helicopter/Textron, Inc. for a change in zoning of property located in the 9600 block of Trinity Boulevard from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use (Waiver of Site Plan Recommended) (Tracts 1 & 9); from "K" Heavy Industrial to "MU-1" Low Density Mixed Use (Tract 2); from "K" Heavy Industrial to "A-5" One-Family Residential (Tracts 3 & 6); from "K" Heavy Industrial to "F" General Commercial (Tract 4); from "K" Heavy Industrial to "AG" Agricultural (Tracts 5 & 10); from "K" Heavy Industrial to "R-2" Townhouse/Cluster Residential (Tract 7); from "K" Heavy Industrial to "CF" Community Facilities (Tract 8), Zoning Docket No. ZC-04- 161, be approved. The motion carried unanimously. ZC-04-162 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3019 Lee Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-162, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 17 of 24 City Attorney Yett stated that Items 21 through 38 on the City Council Agenda were City-initiated rezoning and recommended that Council approve the zoning cases by making a single motion. Council Member Davis made a motion, seconded by Council Member Silcox, that Items 21 through 38 on the City Council Agenda be approved. The motion carried unanimously. ZC-04-163 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3102 Prospect Avenue from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-163, be approved. The motion carried unanimously. ZC-04-164 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 2906 Refugio Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-164, be approved. The motion carried unanimously. ZC-04-165 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 2700 Refugio Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-165, be approved. The motion carried unanimously. ZC-04-166 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 2621 True Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-166, be approved. The motion carried unanimously. ZC-04-167 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3009 & 3011 Roosevelt Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-167, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 18 of 24 ZC-04-168 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3000, 3002, 3004, 3006, 3008 & 3010 Roosevelt Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-168, be approved. The motion carried unanimously. ZC-04-169 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 4907 Katy Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-169, be approved. The motion carried unanimously. ZC-04-170 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 4400 East Rosedale Street from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-170, be approved. The motion carried unanimously. ZC-04-171 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 4013 Wiman Drive from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-171, be approved. The motion carried unanimously. ZC-04-172 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3405 Ada Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-172, be approved. The motion carried unanimously. ZC-04-173 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 5401 East Berry Street from "B" Two-Family Residential to "E-R" Neighborhood Commercial Restricted, Zoning Docket No. ZC-04-173, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 19 of 24 ZC-04-174 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 5304 Anderson Street from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-174, be approved. The motion carried unanimously. ZC-04-175 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 3004 Burger Street from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-175, be approved. The motion carried unanimously. ZC-04-176 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 5200 Cottey Street from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-176, be approved. The motion carried unanimously. ZC-04-177 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 1725 South Hughes from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-177, be approved. The motion carried unanimously. ZC-04-178 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 5217 Pinson Street from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-178, be approved. The motion carried unanimously. ZC-04-179 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 2110 Stalcup Road from "B" Two-Family Residential to "A-7.5" One-Family Residential, Zoning Docket No. ZC-04-179, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 20 of 24 ZC-04-180 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth for a change in zoning of property located at 5410 Turner Street from "B" Two-Family Residential to "A-10" One-Family Residential, Zoning Docket No. ZC-04-180, be approved. The motion carried unanimously. ZC-04-181 Council Member Davis stated that she would meet with the Continued Until applicant to discuss this request and made a motion, seconded by September 14, Council Member Silcox, that the application of Wayside Church of 2004 God in Christ for a change in zoning of property located at 2100 Beckham Place from "J" Medium Industrial to "J/HSE" Medium Industrial/ Historic/Significant/Endangered, Zoning Docket No. ZC- 04-181, continued until September 14, 2004. The motion carried unanimously. ZC-04-183 Ms. Libby Willis, 2300 Primrose Avenue, appeared before Council Approved in support of this rezoning. Libby Willis Council Member Lane made a motion, seconded by Council Member Davis, that the application of Joyce Cox for a change in zoning of property located at 2704 East Belknap Street & 341 Blandin Street from "B" Two-Family Residential and "E" Neighborhood Commercial to "B/DD" Two-Family Residential/ Demolition Delay and "E/DD" Neighborhood Commercial/ Demolition Delay, Zoning Docket No. ZC-04-183, be approved. The motion carried unanimously. ZC-04-184 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Riverside Evangelistic Temple for a change in zoning of property located at 620 North Chandler Drive from "B" Two-Family Residential and "J" Medium Industrial to "B/DD" Two-Family Residential/Demolition Delay and "J/DD" Medium Industrial/Demolition Delay, Zoning Docket No. ZC- 04-184, be approved. The motion carried unanimously. ZC-04-185 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Riverside Baptist Church for a change in zoning of property located at 3111 Race Street from "CF" Community Facilities to "CF/DD" Community Facilities/ Demolition Delay, Zoning Docket No. ZC-04-185, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 21 of 24 ZC-04-186 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of El Tex Investment Corp. for a change in zoning of property located at 3204 East Belknap Street from "E" Neighborhood Commercial to "E/DD" Neighborhood Commercial/Demolition Delay, Zoning Docket No. ZC-04-186, be approved. The motion carried unanimously. ZC-04-188 Council Member Lane made a motion, seconded by Council Approved Member Stevenson, that the application of New Life Christian Church Apost. for a change in zoning of property located 2701 East Belknap Street from "B" Two-Family Residential and "E" Neighborhood Commercial to "B/DD" Two-Family/Demolition Delay and "E/DD" Neighborhood Commercial/Demolition Delay, Zoning Docket No. ZC-04-188, be approved. The motion carried unanimously. ZC-04-189 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of Dennis C. Carlson and K. Hokett for a change in zoning of property located at 2819 East Belknap Street from "I" Light Industrial to "I/DD" Light Industrial/Demolition Delay, Zoning Docket No. ZC-04-189, be approved. The motion carried unanimously. ZC-04-190 Council Member Lane made a motion, seconded by Council Approved Member Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located in the 2300-2600 blocks of Bird Street, 900 block of Bird Place and 1000 block of Bird Court from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-190, be approved. The motion carried unanimously. Council Member Lane acknowledged Mr. Louis Zapata, former City Council Member from District 2, in the audience. ZC-04-192 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Mary Lynn Foust for a change in zoning of property located at 3124 — 3126 East Belknap Street from "J" Medium Industrial to "J/DD" Medium Industrial/ Demolition Delay, Zoning Docket No. ZC-04-192, be approved. The motion carried unanimously. ZC-04-191 Mayor Pro tempore McCloud prefaced the following presentations Approved/ by stating that the intent of this rezoning was to bring an entire Denied Without community into compliance with the zoning ordinance. Prejudice CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 22 of 24 The following individuals appeared before Council in support of the requested zoning change: Shirley Lewis, Ms. Shirley Lewis 906 E. Lueda Johnny Lewis, Mr. Johnny Lewis 953 E. Terrell Avenue Terry Boyle Ms. Terry Boyle 1007 E. Broadway Street Trey Cushman Mr. Trey Cushman, 3463 Bluebonnet Circle, appeared before Council in opposition of the rezoning. He stated that he and his father owned several multi-family properties relative to this zoning case and were in the process of renovating the structures. He added that rezoning the properties to single family would be costly. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the application of City of Fort Worth, Zoning Docket No. ZC-04-191, be approved/denied without prejudice as indicated: Recommended for Approval 700-1000 blocks of East Daggett Street, 700-1600 blocks of East Rosedale Street, 1100-1200 blocks of South Freeway, 800-110 blocks of South Riverside Drive, 1000-1800 blocks of East Vickery Boulevard, from "B, B/DD, C, CR, D, ER, E, FR, F, I, J to "A-5" One- Family Residential & "A-5/DD" One-Family Residential Demolition Delay (212 New York & 1104, 1109, 1125, 1128 E. Bessie) (See Letter of Appeal) Recommended for Denial Without Prejudice 1001 East Terrell Avenue and 1410 Tucker Avenue The motion carried unanimously. ZC-04-150 Council Member Lane made a motion, seconded by Council Set for Special Member Davis, that the application of Chadwick Holdings, Ltd. for a Hearing change in zoning of property located in the 2100 linear feet south of SH 114 and Cleveland—Gibbs Road intersection and 3300 linear feet north of Litsey Road from "AG" Agricultural and "CF" Community Facilities to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-04-150, be set for a special hearing. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 10, 2004 PAGE 23 of 24 ZC-04-105 It appeared that the City Council, at its meeting of July 13, 2004, set SP-04-029 today as a special hearing of the application of J.L. Maberry for a Special Hearing change in zoning of property located in the 9500 block of Santa Continued Until Clara Drive from "A-5" One-Family to "PD/SU" Planned September 7, Development/Specific Use for one dwelling unit when part of a 2004 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, (See Letter of Appeal), Zoning Docket No. ZC-04-105 and Site Plan No. SP-04-029. 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 J.L. Maberry, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-105 and Site Plan No. SP-04-029 be continued until September 7, 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 Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16073 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 AUGUST 10, 2004 PAGE 24 of 24 Citizen Mr. Clifford Proffitt, P.O. Box 7484, representing the Carter Presentations Riverside Neighborhood Association, appeared before Council Clifford Proffitt relative to the Association's elections and the grand opening of the Riverside Wal-mart August 25, 2004. Adjournment There being no further business, the meeting was adjourned at 8:47 p.m. Z�, 'CITY SECRETARY MAYOR