The URL can be used to link to this page

Home My WebLink About2004/09/14-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 Date & Time On the 14th day of September, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:07 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Interim City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Ted Kitchens, Christ Chapel Bible Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of September 7, 2004 were approved unanimously. Special Ms. Elaine Yamagata, Board of Directors for Fort Worth Sister Presentations Cities International, introduced a delegation of students from Nagaoka, Japan participating in the Ambassador Middle School program. Council Member Haskin presented each student with a City pin and their chaperone presented Mayor Moncrief with a gift. Ms. Yamagata also acknowledged Ms. Susan Wade, Daggett Montessori Middle School Principal, and host families of the students. Council Member Stevenson presented a Proclamation for Prostate Cancer Awareness Month to Christopher Goetz. Mr. Goetz expressed appreciation for the proclamation and for the City's support of their Car Show, September 18, 2004, from 10:00 a.m. to 4:00 p.m., on Second Street and Main Streets. He added that there would be free PSA screenings for all men and that prevention of prostate cancer was the goal of the organization. Mayor Moncrief recognized members from Boy Scout Troop #97 who were attending the Council Meeting working on their Citizenship and Community Badges. Council Member Silcox presented each member with a Molly pin. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 2 of 27 Ms. Brandy O'Quinn, representing Historic Camp Bowie, Inc., invited everyone to attend their Second Annual Jazz By the Boulevard, September 17, 2004 from 4:00 p.m. to 11:00 p.m. and September 18, 2004 from noon to 11:00 p.m. on the lawn of the Kimball Art Museum. She stated that there would also be an area for kids September 18, 2004 from noon to 6:00 p.m. and invited everyone to come out and discover Fort Worth's jazz heritage. She further stated that they would have a musical instrument drive whereby old instruments would be refurbished and donated to schools for the music program. Ms. O'Quinn also announced that Historic Camp Bowie was presented with the Urban Forestry Award from the Texas Forestry Service for planting trees in the area. Announcements Mayor Pro tempore McCloud stated that in conjunction with the proclamation for Prostate Cancer Awareness Month, the Health Department would conduct "Take a Love One to the Doctor" throughout the country, September 21, 2004, aimed at early detection. He added that the Evans Avenue Advisory Committee would meet September 17, 2004 at 6:00 p.m. at the Southside Multi- Purpose Center and invited everyone interested to attend. Council Member Picht announced that District 6 would conduct a meeting for Crime Control and Prevention District (CCPD) input October 14, 2004, 6:30 p.m., at the Westcreek Elementary School Auditorium, 3401 Walton. He added that following the input meeting District 6 would conduct a Community Meeting for south Fort Worth and invited everyone interested to attend. Council Member Silcox announced the following CCPD meetings: a. District 7: September 16, 2004 at 7:30 p.m., Arlington Heights High School Library, 4501 W. Freeway b. District 8: September 23, 2004 at 7:00 p.m., Southside Community Center Activity Room, 959 E. Rosedale Street c. District 4: September 29, 2004 at 6:00 p.m., East Regional Library, 6301 Bridge Street d. District 5: October 6, 2004 at 7:00 p.m., Dunbar High School Cafeteria, 5700 Ramey e. Districts 5 & 8: October 19, 2004 at 7:00 p.m., William James Middle School Auditorium, 1101 Nashville Avenue CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 3 of 27 Council Member Lane congratulated Mr. Eddie Gossage and the Texas Motor Speedway for being awarded a second Nascar race and stated that Williamson-Dickey would sponsor the race. He also announced that Alliance Airport would have their annual Air Show, September 18 and 19, 2004, and invited everyone to attend. Withdrawn from Interim City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. OCS-1439, P-10013, L-13905, and C-20272, be withdrawn from the consent agenda. Continued/ Interim City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. L-13905 be withdrawn. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Budget Hearing It appeared that the City Council set today as the date for the continuation of a hearing in connection with the proposed Fiscal Year 2004-2005 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. 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 proposed Fiscal Year 2004-2005 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance, Council Member Silcox made a motion, seconded by Council Member Davis, that the budget hearing be closed. The motion carried unanimously. Adopt 2004 Tax Council Member Silcox made a motion, seconded by Council Rate Member Davis, that Ordinance No. 16114 providing for the levy and Ord. #16114 collection of an annual ad valorem tax on all property, real, personal and mixed, situated within the territorial limits of the City of Fort Worth, Texas, and all personal property owned in said City of Fort Worth, Texas, on the first day of January, A.D., 2004, except such property as may be exempt from taxation by the constitution and laws of the State of Texas, levying taxes and setting the tax rate for 2004 at $0.8650 for maintenance and operation and $0.6946 for debt service. The motion carried unanimously. Adopt Budget Council Member Silcox made a motion, seconded by Council Ord. #16061 Member Stevenson, that Ordinance No. 16061 establishing appropriations for the 2004-2005 Fiscal Year, be adopted on the second and final reading. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 4 of 27 Presentations by Council Member Lane made a motion, seconded by Mayor Pro City Council — tempore McCloud, to reappoint Mr. Mark Barnes to the City Plan Appointments Commission effective September 14, 2004 and with a term expiring October 1, 2006. The motion carried unanimously. Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, to appoint Ms. Jacq A. Duncan to the City Plan Commission effective September 14, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. Res. #3121 There was presented Resolution No. 3121 appointing Robert Appoint Member "Skipper" Shook, City Treasurer, to the Board of Directors of the to Board of Employees' Retirement Fund of the City of Fort Worth. Council Directors of Member Silcox made a motion, seconded by Council Member Employees' Davis, that the resolution be adopted. The motion carried Retirement Fund unanimously. (Council Member Lane stepped away from the dais.) Res. #3122 There was presented Resolution No. 3122 endorsing the concept Endorse Concept of a unique Not for Profit Fort Worth Spinal Cord Center in the City of Not for Profit of Fort Worth. Council Member Silcox made a motion, seconded FW Spinal Cord by Council Member Davis, that the resolution be adopted. The Center motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1438 There was presented Mayor and Council Communication No. OCS- Claims 1438 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1439 There was presented Mayor and Council Communication No. OCS- Res. #3123 1439 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3123 setting the regular zoning Zoning Hearing hearing for October 12, 2004. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommended be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 5 of 27 G-14490 There was presented Mayor and Council Communication No. G- Confirm 14490, dated September 7, 2004, from the City Manager Appointments to recommending that the City Council confirm the appointment of Disciplinary the following individuals to the Disciplinary Appeals Board for Appeals Board three year terms: NAME ADDRESS COUNCIL DISTRICT Charles Williams 7101 Avington Way 76133 6 Carla McKenzie Smith 2524 Frazier Avenue 76110 9 Marjeanna Burge 3306 Lake Como Drive 76107 7 Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14496 There was presented Mayor and Council Communication No. G- Ord. #16115 14496 from the City Manager recommending that the City Council Approve Dallas/ adopt Ordinance No. 16115 pursuant to V. T. C. A. Transportation Fort Worth Code, Chapter 22, Subchapter D, approving Resolution No. 2004- International 03-68 of the Dallas-Fort Worth International Airport Board which Airport Board amends the Dallas-Fort Worth International Airport Construction Res. #2004-03-68 and Fire Standards, June 1988 Edition, originally adopted as Airport Board Resolution No. 88-147; providing for a fine of not to exceed two hundred dollars ($200.00) for any violation thereof. It was the consensus of the City Council that the recommendation be adopted. P-10013 There was presented Mayor and Council Communication No. P- Water Fittings 10013 from the City Manager recommending that the City Council authorize a purchase agreement for water fittings with Atlas Utility Supply Co. for the Water Department based on discounts offered from manufacturer's list price and freight included in the unit prices; and authorize this agreement to begin September 5, 2004 and expire September 14, 2005, with options to renew for two additional one-year periods. Interim City Manager Boswell stated that paragraph 2 in the Recommendation section of the M&C needed to be amended to reflect the agreement to begin "September 15, 2004" and not "September 5, 2004". Council Member Wheatfall made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. P- 10013 be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 6 of 27 L-13905 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13905, Cancellation of Lease with John and Mary Jane Boling for City-Owned Property Located at 8228 Woodvale Road, Lot 2, Block 6, Lake Worth Lease Survey, be withdrawn. L-13906 There was presented Mayor and Council Communication No. L- Permanent & 13906 from the City Manager recommending that the City Council Temporary approve the acceptance of one permanent drainage easement and Drainage one temporary drainage easement described as portion of the D. Easements Odum Survey, Abstract No. 1184, Tarrant County, Texas, from Mercantile Partners, L.P., for property located east of Mercantile Drive North in North Fort Worth (DOE 3508), needed for the construction, operation, and maintenance of a storm drainpipe, headwall, and channel for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13907 There was presented Mayor and Council Communication No. L- Permanent 13907 from the City Manager recommending that the City Council Waterline approve the acceptance of two permanent waterline easements Easements and and two permanent sanitary sewer easements described as part of Permanent A-1699, J.W. Wallace Survey, Tarrant County, Texas, from Newport Sanitary Sewer Holdings, Inc., for property located north of Trinity Boulevard and Easements west of Sugarberry Street for Newport Villages Subdivision (DOE 4516), needed for future development and water service for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-13908 There was presented Mayor and Council Communication No. L- Permanent 13908 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easements described as portions of the Joseph Kirby Survey, Abstract No. 907 and Joseph Bowman Survey, Abstract No. 80, Tarrant County, Texas, from Marine Creek of Texas Joint Venture, and one permanent waterline easement described as portions of the Garcia, Montez & Duran Survey, Abstract No. 627, B.B.B. & C. R.R. Co. Survey, Abstract No. 222, and Joseph Kirby Survey, Abstract No. 907, Tarrant County, Texas, from Nina Maria Korth Cole and Fritz-Alan Korth, for property located south of Loop 820 Northwest and west of Marine Creek Parkway in North Fort Worth (DOE 4196), required for the construction, operation, and maintenance of a water main to serve the Villages of Marine Creek development for a total cost of $11.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 7 of 27 L-13909 There was presented Mayor and Council Communication No. L- Permanent 13909 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement and easement, described as part of A-319, Cornelius Survey, Permanent Westworth Village, Tarrant County, Texas, and one permanent Access access agreement, from Westworth Redevelopment Authority, for Agreement property located north of Altamere Drive and west of Roaring Springs Road (DOE 4427), required for future development and sewer service for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2546 There was presented Mayor and Council Communication No. PZ- Institute 2546 from the City Manager recommending that the City Council Annexation of institute and adopt an ordinance declaring certain findings; Approximately providing for the extension of certain boundary limits of the City of 68.32 Acres of Fort Worth; providing for the annexation of approximately 68.32 Land in Tarrant acre tract of land situated in the G.T. Walters Survey, Abstract County Located 1696, as located in Tarrant County, Texas, and being a portion of at the Northwest the DBE Realty Tract (Case No. AX-04-007) which said territory lies Corner of adjacent to and adjoins the present corporate boundary limits of Haltom-Bailey- Fort Worth, Texas; providing that the territory annexed shall bear Boswell Road its pro rata part of taxes; providing that the inhabitants thereof and Park Road shall have all the privileges of all the citizens of Fort Worth, Texas. (AX-04-007 Parks at Boat Club) Interim City Manager Boswell stated that the Recommendation section of the M&C needed to be revised as follows: "It is recommended that the City Council move for the institution of annexation case AX-04-007 (Parks at Boat Club) and defer the consideration of the annexation ordinance until October 12, 2004." Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. (Council Member Lane returned to his chair at the dais.) C-20233 There was presented Mayor and Council Communication No. C- Advertise for 20233, dated August 24, 2004, from the City Manager Bids for Gas recommending that the City Council authorize the City to receive Well and consider bids for gas well development on City-owned Development property located near Alliance Airport, and at the Gateway, Quanah Parker, and Tandy Hills City parks. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 8 of 27 (Council Member Wheatfall stepped away from the dais.) Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Wheatfall C-20266 There was presented Mayor and Council Communication No. C- Concentra 20266 from the City Manager recommending that the City Council Medical Centers authorize the City Manager to enter a one-year agreement with Concentra Medical Centers as the City's preferred Occupational Health Provider beginning October 1, 2004, and expiring September 30, 2005, with four one-year options for renewal. It was the consensus of the City Council that the recommendation be adopted. C-20267 There was presented Mayor and Council Communication No. C- Ord. #16116 20267 from the City Manager recommending that the City Council Python adopt Appropriation Ordinance No. 16116 increasing estimated Corporation receipts and appropriations in the Contract Street Maintenance Fund in the amount of $599,181.00 based on a receivable from the Fort Worth Transportation Authority for the purpose of funding a portion of the Fiscal Year 2003-2004 Street Maintenance Program; and authorize the City Manager to execute a contract with Python Corporation in the amount of $631,479.56 for 120 working days for Bridge Repair & Repainting at Various Locations (2004-10). It was the consensus of the City Council that the recommendation be adopted. C-20268 There was presented Mayor and Council Communication No. C- Gibson & 20268 from the City Manager recommending that the City Council Associates, Inc. confirm an emergency procurement contract with Gibson & Associates, Inc., for the structural repair of the Silver Creek Road bridge over Live Oak Creek based upon a low bid of $62,902.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 9 of 27 C-20269 There was presented Mayor and Council Communication No. C- DeOtte, Inc. 20269 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with DeOtte, Inc., in the amount of $79,080.00 for pavement reconstruction and water and sewer main replacement on Bird Street (Bonnie Brae Street to E. Dead End), Gwynne Street (E. Belknap Street to Bird Street), Kimbo Court (Kimbo Road to Cul-De Sac), and Mesquite Road (Fossil Drive to Carolea Drive). It was the consensus of the City Council that the recommendation be adopted. C-20270 There was presented Mayor and Council Communication No. C- Dannenbaum 20270 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute an engineering agreement Corporation with Dannenbaum Engineering Corporation in the amount of $164,126.44 for pavement reconstruction and water and sewer main replacement on Cockrell Avenue (SW Loop 820 to Rutland Avenue), Odessa Avenue (SW Loop 820 to Wosley Drive), Wedgmont Circle N (Wilkie Way to Whitman Avenue), and Wessex Avenue (Welch Avenue to Wedgmont Circle N). It was the consensus of the City Council that the recommendation be adopted. C-20271 There was presented Mayor and Council Communication No. C- Huitt-Zollars, Inc. 20271 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with Huitt-Zollars, Inc., for pavement reconstruction and water and sanitary sewer main replacement on NW 24th Street (McKinley Avenue to Hanna Avenue), NW 27th Street (Robinson Street to W. Dead End), and NW 26th Street (Pearl Avenue to Loving Avenue) in the amount of $167,762.00 for DOE Project No. 4568. It was the consensus of the City Council that the recommendation be adopted. C-20272 There was presented Mayor and Council Communication No. C- CLR, Inc. 20272 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with CLR, Inc., in the amount of $86,482.43 for pavement reconstruction and water and sewer main replacement on Piedmont Road (Trappingham Terrace to Southwest Boulevard) and Creston Avenue (Pearl Avenue to Loving Avenue) (DOE 0016). CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 10 of 27 Interim City Manager Boswell stated that the last line in the Recommendation section of the M&C needed to be amended to delete "(Pearl Avenue to Loving Avenue)" and insert "(Stadium to Westcreek)". Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 20272 be adopted as amended. The motion carried unanimously. C-20273 There was presented Mayor and Council Communication No. C- Change Order#2 20273 from the City Manager recommending that the City Council to CSC #29412 authorize the City Manager to execute Change Order No. 2 to City Conatser Secretary Contract No. 29412 with Conatser Construction TX., L.P., Construction for Water Main and Sanitary Sewer Main Relocation on Rosedale TX., L.P. Street, Contract 2, Unit III, in the amount of $43,479.50 to provide for additional pay item quantities, thereby increasing the contract amount to $1,008,175.00. It was the consensus of the City Council that the recommendation be adopted. C-20274 There was presented Mayor and Council Communication No. C- William J. 20274 from the City Manager recommending that the City Council Schultz, Inc., authorize the City Manager to execute a contract with William J. d/b/a Circle "C" Schultz, Inc., d/b/a Circle "C" Construction Company in the Construction amount of $558,623.50 for Clear Fork Drainage Basin Sanitary Company Sewer Rehabilitation and Improvements (DOE 4118). It was the consensus of the City Council that the recommendation be adopted. C-20275 There was presented Mayor and Council Communication No. C- Federal Aviation 20275 from the City Manager recommending that the City Council Administration authorize the City Manager to execute a lease agreement with the Federal Aviation Administration for underground cable conduits for Medium Intensity Approach Lights with Runway Alignment Indicator Lights (MALSR) at Runway 16 at Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20276 There was presented Mayor and Council Communication No. C- Consent of 20276 from the City Manager recommending that the City Council Assignment to authorize the City Manager to execute a written consent of an CSC #16363 — assignment by Michael L. Richardson, of all leasehold interests in WTW Properties, lease site 52S at Fort Worth Meacham International Airport, to Inc. WTW Properties, Inc. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 11 of 27 C-20277 There was presented Mayor and Council Communication No. C- Jorge Hernandez 20277 from the City Manager recommending that the City Council approve a five-year Municipal Property Tax Abatement for a property located at 724 West Shaw Street owned by Jorge Hernandez in the Hemphill/Berry Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with There Is Hope, Inc., are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Jorge Hernandez for the property located at 724 West Shaw Street in the Hemphill/Berry NEZ, in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. ZC-04-044 It appeared that the City Council at its meeting of August 10, 2004, Continued Until continued the hearing of the application of Mountain Way Group, December 14, LLC., for a change in zoning of property located in the 9800 block 2004 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 stated that a letter was received from the applicant requesting this case be continued until December 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 Davis, that Zoning Docket No. ZC-04-044 be continued until December 14, 2004. The motion carried unanimously. ZC-04-068 It appeared that the City Council at its meeting of August 10, 2004, SP-04-041 continued the hearing of the application of Ron Self for a change Denied With in zoning of property located at 3500 NE 28th Street, from "B" Two- Prejudice Family Residential and "E" Neighborhood Commercial to "F-R" General Commercial Restricted and "PD/SU" Planned Development/Specific Use for car wash and lube center with site plan required, Zoning Docket No. ZC-04-068 and Site Plan SP-04- 041. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning request. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 12 of 27 The following individuals appeared before Council in opposition of the zoning request. They stated that the requested use was incompatible with the revitalization of the Riverside area. They requested Council deny the zoning application. Janice Michel, Ms. Janice Michel 2115 Primrose Avenue Preston Phillips Mr. Preston Phillips 2309 Goldenrod Avenue Council Member Haskin stated that she had received letters from several homeowners associations in opposition of the rezoning. There being no one else present desiring to be heard in connection with the application of Ron Self, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04- 068 and Site Plan SP-04-041 be denied with prejudice. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3110 was Hearing adopted on August 17, 2004 setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on August 20, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-129 Mr. Andy Taft, 777 Taylor Street, Suite 100, representing Downtown Approved Fort Worth, Inc., appeared before Council in support of the zoning Andy Taft request. The following individuals appeared in opposition of the zoning request: Ross Meekins, Mr. Ross Meekins 1725 Martel Avenue Jimmy Schnurr Mr. Jimmy Schnurr 5400 Renaissance Tower, 1201 Elm Street, Dallas, TX City Attorney Yett stated that one of the property owners had objected to the rezoning of his property and therefore a super majority vote of Council was required to approve the zoning request. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 13 of 27 Mr. Bob Riley, Development Department Director, stated that the address of the property owner in opposition was 2046 W. 15th Street. In response to Council Member Davis' request, he summarized the zoning request. Council Member Picht stated that property owners needed to be invited to public meetings that would include their property. Council Member Davis made a motion, seconded by Council Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of property located in the 1000 block of West Lancaster, 1000 block of East Lancaster and 1000 block of Henderson Street, 400 block of West Henderson Street from "J/HC" Medium Industrial/Historic Cultural, "H" Central Business District and "J" Medium Industrial to "H" Central Business District, "H/HC" Central Business District/Historic Cultural, "PD/H" Planned Development/Central Business District (Sub Area 1 and 2), "PD/H/HSE" Planned Development/Central Business District/Highly Significant Endangered (Sub Area 2); subject to Downtown Design Review Guidelines and waiver of site plan recommended, Zoning Docket No. ZC-04-129, be approved. The motion carried unanimously. ZC-04-141 Mr. Chris R. Bonilla, 3204 S. Main, representing the applicant, SP-04-035 appeared before Council in support of the zoning request. He Returned to City summarized the request and stated that all proposed activities had Zoning been moved inside the facility. He requested that Council amend Commission the 10 percent requirement for landscaping, as it would create an Chris Bonilla undue hardship for the development. He proposed that the tree requirement be 4 percent and 6 percent for shrubs. Shelly Harper Ms. Shelly Harper, 6301 Cahoba Drive, representing the Lake Worth Neighborhood Association, appeared before Council in opposition of the zoning request. She stated that they were not notified of the zoning request and that the proposed development was less than 15 yards away from a retirement community. Council Member Stevenson asked staff if there would be a problem with parking at this location since a portion of the parking lot was located in Lake Worth and a portion in Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 14 of 27 Mr. John Garfield, representing the Development Department, stated that both Police Departments would respond to any 911 call at this location. He added that the appropriate Council action would be to approve the zoning request, deny without prejudice, or return the case to the City Zoning Commission for further consideration. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of Barato Bazaar, Ltd., for a change in zoning of property located at 6001 through 6009 Jacksboro Highway from "PD-450" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus Halloween events to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus minor auto repair, tire sales and installation, rental hall for family functions (not to exceed 6% of gross floor area and open no later than midnight and on-site security required during business hours), arcade and pool (each not to exceed 3% of gross floor area), potentially hazardous mobile food vendor, subject to no alcohol sales except as part of a restaurant, 10% of net site area to be landscaped per landscape regulations of the Zoning Ordinance and site plan required, Zoning Docket No. ZC-04-141 and Site Plan No. SP-04-035, be returned to the City Zoning Commission. The motion carried unanimously. ZC-04-142 It appeared that the City Council set today as the date for a hearing Ord. #16117 for Zoning Docket No. ZC-04-142, Text Amendment concerning the Text Amendment Lancaster Corridor. Mayor Moncrief asked if there was anyone Approved 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-04-142 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 15 of 27 ORDINANCE NO. 16117 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (1986), BY AMENDING THE DOWNTOWN URBAN DESIGN STANDARDS REFERRED TO IN SECTION 2.104 AND SECTION 4.1200 OF THE ZONING ORDINANCE BY AMENDING SECTION 4: BUILDING EDGE, SPECIAL VIEW AREAS, PARAGRAPH 4: LANCASTER CORRIDOR ZONE, PAGE 4-10 OF THE DOWNTOWN FORT WORTH URBAN DESIGN STANDARDS, DECEMBER 2001, TO ESTABLISH HEIGHT RESTRICTIONS AND REGULATIONS FOR NEW CONSTRUCTION IN THE LANCASTER CORRIDOR; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-147 Council Member Picht made a motion, seconded by Council SP-04-042 Member Lane, that the application of Ace Investments, Inc., for a Approved change in zoning of property located in the 3751 block of Sycamore School Road from "PD-31" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus mini warehouses and site plan required, Zoning Docket No. ZC-04-147 and Site Plan No. SP-04- 042, be approved. The motion carried unanimously. ZC-04-156 Council Member Picht made a motion, seconded by Council Approved Member Lane, that the application of Stanley Dee for a change in zoning of property located in the 10000 block of Crowley Road from "B" Two-Family Residential and "C" Medium Density Multi- Family to "A-5" One-Family Residential (Tract B) and "R-1" Zero Lot Line/Cluster Residential (Tract A), Zoning Docket No. ZC-04- 156, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Wheatfall CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 16 of 27 ZC-04-157 The following individuals appeared before Council in support of SP-04-039 the zoning request: Continued Until October 12, 2004 Mr. Viran Nana 5924 Kittansett Court Viran Nana, Mr. Preston Phillips 2309 Goldenrod Avenue Preston Phillips (Council Member Wheatfall returned to his chair at the dais.) The following individuals appeared before Council in opposition of the zoning request. They expressed concern with increased traffic and the safety of their children. Julio Miranda, Mr. Julio Miranda 4112 Fain Street Jose Galiazzi Mr. Jose O. Galiazzi 4108 Fain Street City Attorney Yett stated that a petition had been received from 20 percent of the residents in this area in opposition to the zoning change and therefore a super majority vote of the Council would be required. Anthony Foglia Mr. C. Anthony Foglia, San Diego, California, representing the applicant, appeared before Council in support of the zoning request. He stated that the hotel would have 40 guest rooms with an average occupancy rate of 65 percent. He added that an increase of approximately 27-30 vehicles would add to the traffic per day and that their guest demographics was business, leisure, and senior citizen travelers. He requested the Council's favorable consideration for the zoning change. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Ruth Bravenec for a change in zoning of property located in the 1000 block of King's Highway from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for hotel and site plan required, Zoning Docket No. ZC-04-157 and Site Plan No. SP-04-039, be continued until October 12, 2004 to allow the applicant to meet with the neighborhood to address their concerns. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 17 of 27 ZC-04-181 It appeared that the City Council, at its meeting of August 10, 2004, Approved continued the hearing of the application of Wayside Church of 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. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Wayside Church of God in Christ, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-181 be approved. The motion carried unanimously. Council Member Davis pointed out the difficulties with the "HSE" designation and stated that the ordinance was too vague and needed significant improvement. ZC-04-193 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Ralph Yates for a change in zoning of property located at 2133 Jacksboro Highway from "B" Two-Family Residential to "F-R" General Commercial Restricted, Zoning Docket No. ZC-04-193, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-04-194 It appeared that the City Council set today as the date for a hearing Ord. #16118 for Zoning Docket No. ZC-04-194, Text Amendment concerning the Text Amendment Sexually Oriented Businesses. Mayor Moncrief asked if there was Approved anyone present desiring to be heard. Captain Rick Reflogal, representing the Police Department, appeared before Council and presented statistical data on Sexually Oriented Businesses. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 18 of 27 Assistant City Attorney Sarah Fullenwider, appeared before Council and provided a summary of the text amendment. She recommended amendments to the proposed text amendment be made as follows: a. Section 2. Add a definition to Section 9.101 of the zoning ordinance to read as follows: Highway 1-30 and/or 1-35: For the purpose of Chapter 5, Article 2, Sexually Oriented Business, Highway 1-35 and/or 1-30 shall mean any property located within 300 feet of the right-of-way line of the prospective interstate highway. Measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the right-of-way line of the highway to the nearest property line of the property sought to be used as a sexually oriented business. b. Section 9. Add an effective date of September 27, 2004 Eric Kelly Mr. Eric Damian Kelly, PhD, 2312 W. Audubon, Muncie, Indiana, appeared before Council and presented a briefing entitled "Secondary Effects of Sexually Oriented Businesses". The following individuals appeared before Council in support of the proposed ordinance: Betty Mars, Ms. Betty Mars 1821 Christopher Drive Eva Bonilla, Ms. Eva Bonilla 7801 Grassland Drive Gary Kidwell, President, Fort Worth League of Neighborhoods Steven Swander, Mr. G.B "Gary" Kidwell 6908 Kingsley Drive John Faltynski Mr. Steven W. Swander 505 Main Street #250 Mr. John Faltynski 1803 W. Harris Road, Arlington, TX Larry Stevens Mr. Larry Stevens, 2812 Calico Rock Drive, appeared before Council in support of the proposed ordinance. He recommended strengthening the ordinance to requiring a 6-foot distance between the patrons and dancers and establishments be a minimum of 1,500 feet from neighborhoods. There being no one else present desiring to heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-194 be approved, and the following ordinance be adopted as amended: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 19 of 27 ORDINANCE NO. 16118 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (1986), BY AMENDING ARTICLE 2, "SEXUALLY ORIENTED BUSINESSES" OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO CONSOLIDATE THE REGULATIONS IN SECTION 23-18, "SEXUALLY ORIENTED BUSINESS OFFENSES" OF CHAPTER 23, "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CITY CODE AND TO ADD REGULATIONS RELATED TO DISTANCE, SIGNAGE, BUILDING COLOR, LICENSING OF EMPLOYEES, DISTANCE BETWEEN PATRONS AND DANCERS, HOURS OF OPERATION, AND CONSUMPTION OF ALCOHOL WHERE ALL NUDE ENTERTAINMENT IS PROVIDED; AMENDING CHAPTER 9, "DEFINITIONS" TO ADD DEFINITIONS RELATED TO SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-195 Council Member Stevenson 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 9200, 9204, 9212, 9220, 9224 Heron Drive from "A-5/DD" One-Family Residential/ Demolition Delay to "A-5" One-Family Residential, Zoning Docket No. ZC-04-195, be approved. The motion carried unanimously. (Council Member Lane stepped away from the dais.) ZC-04-197 Council Member Silcox made a motion, seconded by Council Approved Member Stevenson, that the application of Bob M. & Flora M. Mitchell for a change in zoning of property located at 2810, 2812, 2814 Clinton Avenue from "B" Two-Family Residential to "F-R" General Commercial Restricted, Zoning Docket No. ZC-04-197, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 20 of 27 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane ZC-04-198 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Renfro Foods, Inc., for a change in zoning of property located at 308 Kentucky Avenue from "A-5" One-Family Residential to "J" Medium Industrial, Zoning Docket No. ZC-04-198, be approved. The motion carried unanimously. ZC-04-200 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Christ Chapel Bible Church for a change in zoning of property located at 3616 Pershing Avenue from "B" Two-Family Residential to "PD/SU" Planned Development/Specific Use for church offices, residences, counseling offices and related activities and waiver of site plan recommended, Zoning Docket No. ZC-04-200, be approved. The motion carried unanimously. ZC-04-201 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Keystone Equity Partners, LLC., for a change in zoning of property located in the 4800 block of Old Decatur Road from "C" Medium Density Multi-Family Residential to "F" General Commercial, Zoning Docket No. ZC-04- 201, be approved. The motion carried unanimously. ZC-04-202 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Hickman LSM, Inc., for a change in zoning of property located at 4100 White Settlement Road from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-202, be approved. The motion carried unanimously. ZC-04-206 Mr. Bob Riley, Development Department Director, stated that staff Denied Without had received a letter from the applicant requesting the application Prejudice be denied without prejudice. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 21 of 27 Council Member Picht made a motion, seconded by Council Member Davis, that the application of Hunt Petroleum Corp & Delle-Lee Investments for a change in zoning of property located at 1200 Sycamore School Road from "E" Neighborhood Commercial, "C" Medium Density Multi-Family Residential, "A-R" One-Family Restricted Residential, "E-R" Neighborhood Commercial Restricted and "B" Two-Family Residential to "A-5" One-Family Residential (Tract 1), "A-R" One-Family Restricted Residential (Tract 2) and "E" Neighborhood Commercial (Tract 3), Zoning Docket No. ZC-04-206, be denied without prejudice. The motion carried unanimously. ZC-04-207 Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Approved Council in support of the zoning request. He stated that the average lot size was just under 8,400 square feet and that a typical lot size was 7,200 square feet. Council Member Silcox made a motion, seconded by Council Member Davis, that the application of BN Leasing for a change in zoning of property located in the 7000 block of North Freeway from "I" Light Industrial to "G" Intensive Commercial (Tract 2), "E" Neighborhood Commercial (Tract 3), and "A-5" One-Family Residential (Tract 1), Zoning Docket No. ZC-04-207, 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 (Council Member Lane returned to his chair at the dais.) ZC-04-208 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Baruch Properties for a change in zoning of property located in the southeast corner of Harmon Road and Heritage Trace Parkway from "A-R" One-Family Restricted Residential, "R-2" Townhouse/Cluster Residential, "C" Medium Density Multi-Family Residential, "E" Neighborhood Commercial and "F-R" General Commercial Restricted to "A-5" One-Family Residential (75.48 acres) and "C" Medium Density Multi-Family Residential (5.45 acres), Zoning Docket ZC-04-208, be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 22 of 27 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-04-209 Council Member Stevenson made a motion, seconded by Council Approved Member Lane, that the application of City of Fort Worth for a change in zoning of property located at 9901 Weatherford Road from "F" General Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-209, be approved. The motion carried unanimously. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wheatfall, that Zoning Docket Nos. ZC-04-210 through ZC- 04-221, be voted by a single motion. The motion carried unanimously. ZC-04-210 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1254 East Magnolia Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-210, be approved. The motion carried unanimously. ZC-04-211 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1541 East Myrtle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-211, be approved. The motion carried unanimously. ZC-04-212 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1433 Stewart Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-212, be approved. The motion carried unanimously. ZC-04-213 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 612 Powell Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 23 of 27 Zoning Docket No. ZC-04-213, be approved. The motion carried unanimously. ZC-04-214 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 2108 Ash Crescent Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-214, be approved. The motion carried unanimously. ZC-04-215 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 3000 Burton Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-215, be approved. The motion carried unanimously. ZC-04-216 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 2700 La Salle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-216, be approved. The motion carried unanimously. ZC-04-217 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1235 East Terrell Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-217, be approved. The motion carried unanimously. ZC-04-218 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 2615 Ennis Avenue from "B" Two-Family Residential to "A-7.5" One-Family Residential, Zoning Docket No. ZC-04-218, be approved. The motion carried unanimously. ZC-04-219 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1912 East Myrtle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-219, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 24 of 27 ZC-04-220 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1616 Powell Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-220, be approved. The motion carried unanimously. ZC-04-221 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wheatfall, that the application of City of Fort Worth for a change in zoning of property located at 1333 East Jefferson Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-221, be approved. The motion carried unanimously. ZC-04-222 Council Member Wheatfall made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth for a change in zoning of property located at 2013 Langston Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-222, be approved. The motion carried unanimously. ZC-04-231 It appeared that the City Council set today as the date for a hearing Ord. #16119 for Zoning Docket No. ZC-04-231, Text Amendment concerning Text Amendment Indoor Recreation/Health Clubs. Mayor Moncrief asked if there Approved 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-04-231 be approved, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 25 of 27 ORDINANCE NO. 16119 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, AMENDING SECTION 4.803 TO ADD INDOOR RECREATION AS A PERMITTED USE AND TO ALLOW HEALTH CLUBS AS A PERMITTED USE UNDER THE "FR" HEADING IN THE NONRESIDENTIAL DISTRICT USE TABLE; AMENDING SECTION 9.01 TO ADD A DEFINITION OF "INDOOR RECREATION"; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-239 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Bulmaro Tafoya for a change in zoning of property located at 2001 Belle Avenue from "A-5" One-Family Residential to "PD/SU" Planned Development/ Specific Use for all uses in A-5 One-Family Residential plus existing use of three single-family residences on one lot and waiver of site plan recommended, Zoning Docket No. ZC-04-239, be approved. The motion carried unanimously. ZC-04-199 Council Member Stevenson made a motion, seconded by Mayor Approved/ Pro tempore McCloud, that the application of City of Fort Worth, Denied Without Zoning Docket No. ZC-04-191, be approved/denied without Prejudice prejudice as follows: Approved 3100-3500 blocks of Bryant Irvin Road, 5300-6000 blocks of Camp Bowie Boulevard, 2800-3700 blocks of Lake Como Drive, 4900-5900 blocks of West Vickery Boulevard and 5000-5100 blocks of Bonnell Avenue; from "B" Two-Family Residential, "C-R" Low Density Multi-Family Residential, "C" Medium Density Multi-Family Residential, "E-R" General Commercial Restricted, "E" Neighborhood Commercial, "F-R" General Commercial Restricted and "F" General Commercial to "A-5" One-Family Residential Denied Without Prejudice 4311 Bryant Irvin Road and 4441 Bryant Irvin Road The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 14, 2004 PAGE 26 of 27 ZC-04-048 Council Member Stevenson made a motion, seconded by Council Denied Without Member Silcox, that the application of Winwood Club Apartments, Prejudice Ltd., for a change in zoning of property located in the 9700 block of Verna Trail North and 1200 block of Silver Creek Road from "AG" Agricultural to "A-5" One-Family Residential (190.97 acres) and "E" Neighborhood Commercial (10.45 acres), Zoning Docket No. ZC-04-048, be denied without prejudice. The motion carried unanimously. (Council Member Picht stepped away from the dais.) ZC-04-150 Council Member Lane made a motion, seconded by Council Set for Special Member Silcox, that the application of Chadwick Holdings, Ltd., for Hearing a change in zoning of property located in the 2100 linear feet south Approved 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. 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 Lane made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16120 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 SEPTEMBER 14, 2004 PAGE 27 of 27 Citizen Mr. Richard Vickers, 2400 Cypress Street, appeared before Council Presentations relative to The "T" operations. He expressed concern with his Richard Vickers treatment by bus drivers and the deterioration of the bus system. Mayor Moncrief stated that he would talk to members of the "T" Board and advise Mr. Vickers. Gene Putnam Mr. Gene Putnam, 5501 Lubbock, Business 4101 Surrey, appeared before Council relative to break-ins at his business and the unresponsiveness of the Police Department. Mayor Moncrief stated that Assistant City Manager Joe Paniagua would investigate this matter and provide a report to the Council. The following individuals appeared before Council relative to preserving the McAdams Building located on Belknap in the Riverside area. They requested Council's assistance with the preservation of the building. Libby Willis, Ms. Libby Willis 2300 Primrose Preston Phillips, Mr. Preston Phillips 2309 Goldenrod Avenue Janice Michel, Ms. Janice Michel 2115 Primrose Jyl DeHaven, Ms. Jyl DeHaven 2013 Tam O'Shanter Rick Herring Mr. Rick Herring 325 N. Chandler Ms. Dana Burghdoff, representing the Planning Department, read a letter sent to the owner, stating that the building would be demolished October 4, 2004 unless an offer for the property was made to refurbish the building. Interim City Manager Boswell stated that staff would explore options for this property and provide a report to Mr. Herring by September 17, 2004. Adjournment There being no further business, the meeting was adjourned at 11:03 p.m. These minutes approved by the Fort Worth City Council on the 21St day of September, 2004. Attest: Appro Marty Hendr M ich el J. Moncri City Secretary Mayor