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HomeMy WebLinkAbout2004/10/12-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 Date & Time On the 12th day of October, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:18 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, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Interim City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Becky Haskin was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Alan Lobaugh, University Christian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of October 5, 2004 were approved unanimously. Special Council Member Lane presented a Proclamation for Lights on Presentations Afterschool Day to Ms. Sue Matkin, Program Director of 21St Century Community Learning Centers, and Mr. Miguel Garcia, Director of Fort Worth After School. (Council Member Haskin assumed her chair at the dais.) Council Member Wheatfall presented a Proclamation for 2004 Fort Worth Kidney Walk Day to Mr. Wright Lassiter III, Senior Vice President of Operations for JPS Health Network and board member of the National Kidney Foundation of North Texas. Mayor Pro tempore McCloud presented a Proclamation for Little Kids, Big Plans Month to Ms. Sandra Lamm, Facilitator for Working Group of the National League of Cities' Project — Early Childhood Matters. Council Member Davis presented a Proclamation for Stage West 25th Anniversary to her father, Mr. Jerry Russell, Founder/Producing Director, Ms. Suzi McLaughlin, Co-Founder, and Mr. Jim Covault, Artistic Director of Stage West. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 2 of 31 Mayor Moncrief recognized Cub Scouts in the audience from Pack 100, District 31, Longhorn Council, sponsored by San Mateo Catholic Church. He stated that the scouts were attending the Council meeting to learn about City government and each scout was presented with a City pin. Announcements Council Member Picht encouraged everyone who had not had an opportunity to attend a Crime Control and Prevention District (CCPD) citizen input meeting, to attend the District 6 CCPD meeting on October 14, 2004 at 6:30 p.m. at the Westcreek Elementary School Auditorium, 3401 Walton. He added that following the CCPD meeting, a District 6 Town Hall Meeting would be held. Mayor Moncrief extended belated Happy Birthday wishes to Council Member Silcox in honor of his birthday on October 8, 2004. Council Member Wheatfall announced that District 5 and 8 would conduct a joint CCPD meeting, October 19, 2004 at 7:00 p.m. at the William James Middle School Auditorium, 1101 Nashville Avenue, and encouraged all residents to attend. He extended congratulations to the Handley community for conducting a very successful Handley Street Festival on October 9, 2004. He also expressed appreciation to all the City staff for conducting a wonderful Most Livable City celebration at Gateway Park. Council Member Lane congratulated the Carter Riverside Association for working together to preserve the McAdams Building and save it from demolition. He expressed appreciation to City staff and Mark Bearden for their efforts and especially to Robert Bell for purchasing the building. He also invited everyone to attend the truck and Indy Racing League races at Texas Motor Speedway October 16 and 17, 2004. He added that the races were a family event and could be enjoyed by everyone. Council Member Stevenson announced that the Como Neighborhood would conduct a Como Pride Public Town Hall Meeting, October 21, 2004 at 6:00 p.m. at the Community Center. He stated that the purpose of the meeting was to discuss goals that are most important to the Como community and encouraged everyone to attend to express their interest and take part in the destiny of the community. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 3 of 31 Council Member Silcox stated that there were only three citizen input opportunities left during the CCPD meetings remaining until the February 2005 election. He added that citizen input was very important as the information provided was used to provide, expand, or eliminate funding for various programs and added that a packet would be developed from citizen input and which would be available to the public in December 2004 or January 2005. He further stated that District 3 would conduct a citizen input meeting on October 21, 2004 at 7:00 p.m. at Southcliff Baptist Church on Selkirk Drive and invited everyone interested to attend. Mayor Pro tempore McCloud announced that on October 14, 2004 at the Bethlehem United Community Center, 970 E. Humbolt Street, District 8 would conduct a Community Meeting at 5:30 p.m. to discuss concerns and issues regarding City services. He stated that staff from Code Compliance, Community Relations, Environmental Management, and Police would be present to respond to concerns. He further stated that the meeting was open to everyone but that invitations were sent to the following neighborhood associations: Glenwood Triangle, Historic Southside, Hillside Morningside, Morningside, Vicki Lane, Bowie Street, Mitchell Boulevard, and West Morningside. Council Member Haskin expressed appreciation to the Mayor and City staff for the very successful Most Livable City celebration on October 9, 2004 and stated it was a lot of fun. She added that on October 23, 2004, Fort Woof, the City's dog park, would hold an event and stated there was still time to make costumes for their dog. She further extended an "atta-girl" to Addison Gumbert, a 15- year old Nolan Catholic High School student who organized a concert with 12 bands and personally raised $10,000.00 to benefit the Stephen Breen Memorial Foundation last Sunday. Council Member Haskin stated that Stephen recently lost his life to cancer. Mayor Moncrief expressed appreciation to everyone in Fort Worth, City staff, and especially Co-Chairs Shirley Little and Assistant City Manager Libby Watson for organizing a very exciting Most Livable City celebration. Mayor Moncrief also announced that the City has suffered the loss of Jack Tinsley, a veteran reporter for the Fort Worth Star Telegram. He expressed condolences from the City to his daughter Anna Tinsley and the entire Tinsley family. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 4 of 31 Withdrawn from Interim City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. P-10025 be withdrawn from the consent agenda. Continued/ Interim City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. L-13927 and L-13932 be continued for one Staff week and that G-14540 be withdrawn. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Presentations by Council Member Haskin made a motion, seconded by Council City Council Member Lane, that the following individuals be reappointed to the Appointments Human Relations Commission effective October 12, 2004 and with terms expiring October 1, 2006: NAME PLACE Estrus Tucker 2 Linda Garcia 4 Jeanette Rincon 6 Sophia Sheppard-Richardson 8 The motion carried unanimously. Res. #3131 There was presented Resolution No. 3131 accepting the Early Accept Early Childhood Community Action Plan and authorize creation of an Childhood Early Childhood Matters Council. Council Member Davis made a Community motion, seconded by Council Member Stevenson, that the Action Plan and resolution be adopted. Create Early Childhood Matters Council Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1445 There was presented Mayor and Council Communication No. OCS- Claims 1445 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 5 of 31 G-14535 There was presented Mayor and Council Communication No. G- Ord. #16160 14535 from the City Manager recommending that the City Council Insurance Fund adopt Supplemental Appropriation Ordinance No. 16160 increasing and Transfer estimated receipts and appropriations in the Property and Casualty Amounts to Insurance Fund in the amount of $233,245.86 from available funds Various Funds due to subrogation and recovery from commercial insurance for Insured coverage, for the purpose of funding insured property and liability Property and losses; and authorize the transfer of $280,597.81 from the Property Liability Losses and Casualty Insurance Fund, FE71, to various funds for Fiscal Year 2004. It was the consensus of the City Council that the recommendation be adopted. G-14536 There was presented Mayor and Council Communication No. G- Ord. #16161 14536 from the City Manager recommending that the City Council Increase Fees adopt Ordinance No. 16161 amending Chapter 25, "Planning" of for Development the Code of the City of Fort Worth (1986), as amended, by Application and amending Section 25-1 to change the fees for certain services Services for related to Zoning Board of Adjustment, Zoning Commission, and Development Plan Commission Functions: Department 1. Annexation and miscellaneous fees with an effective date of October 26, 2004; 2. Zoning fees with an effective date of November 9, 2004; 3. Plan and applications fees with an effective date of October 26, 2004; and 4. Board of Adjustment and City Council variances or special exceptions with an effective date of November 2, 2004. City Attorney Yett stated that City staff had distributed an amended ordinance at the Pre-Council meeting to revise the effective dates for services in Section 7. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 6 of 31 G-14537 There was presented Mayor and Council Communication No. G- Ord.#16162 14537 from the City Manager recommending that the City Council: Ord.#16163 Ord.#16164 1. Adopt Ordinance No. 16162 amending the Fort Worth Ord.#16165 Building Code, by providing for an increase in the fees Ord.#16166 charged; providing penalties for the violation thereof; Increase Fees for Building, 2. Adopt Ordinance No. 16163 amending the Fort Worth Mechanical, Mechanical Code, by providing for an increase in the fees Plumbing, charged; providing penalties for the violation thereof; Electrical and Sign Permits for 3. Adopt Ordinance No. 16164 amending the Fort Worth Development Plumbing Code, by providing for an increase in the fees Department charged; providing penalties for the violation thereof; 4. Adopt Ordinance No. 16165 amending the Fort Worth Electrical Code, by providing for an increase in the fees charged; providing penalties for the violation thereof; 5. Adopt Ordinance No. 16166 amending the Fort Worth Sign Code, by providing for an increase in the fees charged; providing penalties for the violation thereof; and 6. Establish the effective date of all ordinances as October 25, 2004. City Attorney Yett stated that Section 7 of the ordinances were amended to reflect the effective date of fee increases as October 25, 2004. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. G-14538 There was presented Mayor and Council Communication No. G- Res. #3132 14538 from the City Manager recommending that the City Council Reorganization adopt Resolution No. 3132 reorganizing the Mayor's Committee on of Mayor's Persons with Disabilities to include up to twenty-seven service Committee on providers, Fort Worth employers and employment assistance Persons with agencies and interested citizens; and appoint the following Disabilities and persons and organizations to the Mayor's Committee on Persons Appoint with Disabilities. Committee Members CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 7 of 31 Service Providers Representative Place 1 Advocacy, Incorporated Isabell Montgomery Place 2 Arc of Greater Tarrant County to be determined Place 3 Texas Department of Assistive& Rehabilitative Services Division of Rehabilitation Services Gena Swett Place 4 Texas Department of Assistive& Rehabilitative Services Division of Blind Services Glen Crawford Place 5 Easter Seals Greater Northwest Texas Jennifer Murphy Place 6 FW Vet Center, Readjustment Counseling Service Susan Avery Place 7 Goodrich Center for the Deaf& Hard of Hearing Connie Stucker Place 8 Mental Health Mental Retardation of Tarrant County Dan Gadbury Place 9 REACH Resource Center on Independent Living Stacey Kinney Place 10 United Cerebral Palsy of Tarrant County Barbara Selman Alternate Fleet&Family Support Center, Naval Air Station Claudia Dugan Joint Reserve Base Fort Worth Fort Worth Citizens Place 11 Tim Gil Place 12 Charles Kilmer Place 13 Janice Kuntz Place 14 Limous Walker Employers/Employment Assistance Agencies Representative Place 18 Creative Achievements Karen Forbis Place 19 Expanco, Incorporated Judy Bland Place 20 FW Independent School District Career Resources Lila Boydston Place 21 FW Transportation Authority Greg Scott Place 22 Lighthouse for the Blind of Fort Worth W.Wayne Pound Place 23 Workforce Solutions for Tarrant County Paul Cobb Richard Vickers Mr. Richard Vickers, 2400 Cypress Street, appeared before Council in opposition to the resolution. He expressed concern that the composition of the committee did not promote inclusion because several organizations were not represented. He also stated that there should have been public hearings or other meetings held to receive input on the proposed committee changes from individuals with a disability. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14539 There was presented Mayor and Council Communication No. G- Appoint 14539 from the City Manager recommending that the City Council Salvador Espino confirm the appointment of Mr. Salvador Espino as a member of to Firefighters' the Firefighters' and Police Officers' Civil Service Commission. and Police Council Member Lane made a motion, seconded by Council Officers' Civil Member Wheatfall, that the recommendation be adopted. The Service motion carried unanimously. Commission CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 8 of 31 G-14540 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14540, Confirmation of Submission of a Grant Application to the International Public Management Association for Human Resources for the City of Fort Worth Human Resources Disabilities Program, be withdrawn. G-14541 There was presented Mayor and Council Communication No. G- Ord. #16167 14541 from the City Manager recommending that the City Council Donation from authorize the transfer of funds from escrow to the General Fund in Amon Carter the amount of a $5,000.00 donation from the Sid Richardson Foundation and Foundation and a $5,000.00 donation from the Amon Carter Sid Richardson Foundation; and adopt Appropriation Ordinance No. 16167 Foundation for increasing estimated receipts and appropriations in the General Center for Fund in the amount of $10,000.00 from available funds, for the Nonprofit purpose of funding expenses related to a contract with the Center Management for Nonprofit Management and the City (City Contract No. 30456). Contract Council Member Silcox made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-14542 There was presented Mayor and Council Communication No. G- Ord. #16168 14542 from the City Manager recommending that the City Council Local Law authorize the City Manager to accept a grant award from the U.S. Enforcement Department of Justice in the amount of $311,079.00 for the period Block Grant October 1, 2004 through September 30, 2006; authorize the transfer Programs, of $45,495.00 from the FY2005 General Fund to the Grants Fund as Year 9 the cash match for the Local Law Enforcement Block Grant program; authorize the transfer of $500,000.00 from the FY2005 General Fund to the Grants Fund for additional costs of the Comin' Up gang intervention program for the contract period; authorize the use of anticipated interest earned in the amount of $28,000.00; authorize the City Manager to execute a contract with the Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up gang intervention program; and adopt Appropriation Ordinance No. 16168 increasing estimated receipts and appropriations in the Grants Fund in the amount of $884,574.00 from available funds for the purpose of funding Local Law Enforcement Block Grant Programs. Richard Vickers Mr. Richard Vickers, 2400 Cypress Street, appeared before Council in support of this issue. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 9 of 31 G-14543 There was presented Mayor and Council Communication No. G- Agreement with 14543 from the City Manager recommending that the City Council West Fork authorize the City Manager to enter into an agreement with West Pipeline Fork Pipeline Company for the purpose of constructing trail Company to improvements at Quanah Parker Park. Council Member Haskin Construct Trail made a motion, seconded by Council Member Silcox, that the Improvements at recommendation be adopted. The motion carried unanimously. Quanah Parker Park Public Hearing It appeared that the City Council set today as the date for a public hearing on the Request for Variance from Section 4-4 of the City Code to Allow Sale of Alcoholic Beverages at 3849 Altamesa Boulevard. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Bob Riley, Development Department Director, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14544 as follows: G-14544 There was presented Mayor and Council Communication No. G- Request for 14544 from the City Manager recommending that the City Council Variance from consider the request from Mr. Mohammad Moharrami has Section 4-4 to submitted a request for a variance from Section 4-4 of the City Sell Alcoholic Code prohibiting the sale of alcoholic beverages within 300 feet of Beverages at a school at 3849 Altamesa Blvd. The variance request is submitted 3849 Altamesa to the City Council for consideration. Blvd., Mohammad Mr. Mohammad Moharrami, 649 Coats Street, Coppell, Texas, Moharrami - appeared before Council in support of the variance. He stated that Denied he was the owner of the property and summarized the reasons for the variance. Reginald Mr. Reginald D. Wheatfall, 7304 Wagonwheel Road, appeared Wheatfall before Council in opposition of the variance. There being no one else present desiring to be heard in the public hearing on the Request for Variance, Council Member Picht made a motion that the public hearing be closed and Mayor and Council Communication No. G-14544 be adopted. The motion failed for lack of a second. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14544 be denied. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 10 of 31 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None P-10023 There was presented Mayor and Council Communication No. P- Hot Mix Asphalt 10023 from the City Manager recommending that the City Council and Pothole authorize a non-exclusive purchase agreement for hot mix asphalt Patching Mix and pothole patching mix with various vendors for the City of Fort Worth based on the responsive bids received with payment due 30 days from date of the invoice; authorize this agreement to begin October 12, 2004, and expire on October 11, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-10024 There was presented Mayor and Council Communication No. P- Printing of City 10024 from the City Manager recommending that the City Council Page authorize a purchase agreement for printing of the City Page with Multiple Vendors, including the Fort Worth Star Telegram, La Vida — The Black Voice and Diario La Estrella, for an annual cost of $143,767.00; and authorize these agreements to begin October 23, 2004, and expire October 22, 2005. It was the consensus of the City Council that the recommendation be adopted. P-10025 There was presented Mayor and Council Communication No. P- Radio and 10025 from the City Manager recommending that the City Council Television authorize an award of a professional services contract to Univision Commercials for the production of radio and television commercials for a specific geographic area requested by the City for a cost not to exceed $96,400.00. Interim City Manager Boswell stated that the second line of the first paragraph of the "Discussion" section needed to be amended to correct "14 specific surrounding counties" to "13 specific surrounding counties". CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 11 of 31 Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. P- 10025 be adopted as amended. The motion carried unanimously. P-10026 There was presented Mayor and Council Communication No. P- Wood Shavings 10026 from the City Manager recommending that the City Council authorize non-exclusive purchase agreements with multiple vendors for wood shavings for resale for the Public Events Department, Will Rogers Memorial Center, with payments due 30 days from receipt of the invoice with freight cost included; and authorize these agreements to begin October 12, 2004 and expire October 11, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13927 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13927, dated October 5, 2004, Condemnation One Week for One Permanent Sanitary Sewer Easement on a Parcel of Land Owned by Lee Bass, Trustee (DOE 4159), be continued for one week. L-13932 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13932, dated October 5, 2004, Condemnation One Week for One Permanent Sanitary Sewer Easement on a Parcel of Land Owned by Waste Management of Texas, Inc., (DOE 4159), be continued for one week. PZ-2547 There was presented Mayor and Council Communication No. PZ- Ord. #16169 2547 from the City Manager recommending that the City Council Repeal adopt Ordinance No. 16169 repealing Ordinance Numbers 15810 Ordinance Nos and 15996; vacating and extinguishing a 12-foot wide by 207-foot 15810 and 15996 long alley north of West Berry Street lying between Lots 1 through and Vacate 4 and Lots 10 through 14, Block 13, Forest Park Addition, as Portion of 12 situated in the W. Hudson Survey, Abstract 717, Fort Worth, Texas, Foot Wide Alley providing for reversion of fee in said land; providing that the City North of West shall retain all existing utilities, and providing an effective date of Berry, Forest December 30, 2004. It was the consensus of the City Council that Park Addition the recommendation be adopted. PZ-2548 There was presented Mayor and Council Communication No. PZ- Ord. #16170 2548 from the City Manager recommending that the City Council Vacate Portion of adopt Ordinance No. 16170 vacating and extinguishing a portion of North Elm St. on North Elm Street located in Block 123 of the original Town of Fort East Side of Block Worth, an unrecorded addition to the City of Fort Worth, Tarrant 123 and West Side County, Texas, providing for the reversion of fee in said land; the Block of ck 124, of lo k 1 retainment of existing utility easements. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 12 of 31 PZ-2549 There was presented Mayor and Council Communication No. PZ- Voluntary 2549 from the City Manager recommending that the City Council Annexation of adopt an ordinance declaring certain findings; providing for the Approximately extension of certain boundary limits of the City of Fort Worth; 68.32 Acres providing for the annexation of approximately 68.32 acre tract of Located at land situated in the G.T. Walters Survey, Abstract 1696 as located Northwest in Tarrant County, Texas and being a portion of the DBE Realty Corner of tract, Tarrant County, Texas (Case No. AX-04-007) which said Haltom-Bailey- territory lies adjacent to and adjoins the present corporate Boswell Road boundary limits of Fort Worth, Texas; providing that the territory and Park Road annexed shall bear its pro rata part of taxes; providing that the (AX-04-007) inhabitants thereof shall have all the privileges of all the citizens of Heard After Fort Worth, Texas. Council Member Stevenson made a motion, Zoning Docket seconded by Council Member Silcox, that the recommendation be No. ZC-04-148 heard after Zoning Docket No. ZC-04-148, its associated zoning case. The motion carried unanimously. PZ-2550 There was presented Mayor and Council Communication No. PZ- Voluntary 2550 from the City Manager recommending that the City Council Annexation of adopt an ordinance declaring certain findings; providing for the Approximately extension of certain boundary limits of the City of Fort Worth; 113.19 Acres providing for the annexation of approximately 113.19 acre tract of Located at land situated in the Henry Robertson Survey, Abstract No. 1259, Northeast Tarrant County, Texas, and being a portion of that tract of land Corner of described in deed to Edwin Greines Cohen, Tarrant County, Texas. Highway 287 (Case No. AX-04-008) which said territory lies adjacent to and and Bonds adjoins the present corporate boundary limits of Fort Worth, Ranch Road Texas; providing that the territory annexed shall bear its pro rata (AX-04-008) part of taxes; providing that the inhabitants thereof shall have all Heard After the privileges of all the citizens of Fort Worth, Texas. Council Zoning Docket Member Haskin made a motion, seconded by Council Member No. ZC-04-203 Wheatfall, that the recommendation be heard after Zoning Docket No. ZC-04-203, its associated zoning case. The motion carried unanimously. PZ-2551 There was presented Mayor and Council Communication No. PZ- Ord. #16171 2551 from the City Manager recommending that the City Council City Initiated Ordinance No. 16171 declaring certain findings; providing for the Annexation of extension of certain boundary limits of the City of Fort Worth; Approximately 2.69 Acres Located providing for the annexation of approximately 2.69 acre tract of East of Highway land situated in the Henry Robertson Survey, Abstract No. 1259 287 and West of and the William Redfield Survey, Abstract No. 1348, Tarrant Blue Mound Road County, Texas and being a portion of East Bonds Ranch Road, (AX-04-009) located east of Hwy 287 and west of Blue Mound Road (Case No. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 13 of 31 AX-04-009) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20327 There was presented Mayor and Council Communication No. C- Arts Council of 20327 from the City Manager recommending that the City Council Fort Worth and authorize the City Manager to execute a contract in the amount of Tarrant County $110,000.00 with the Arts Council of Fort Worth and Tarrant County for their Art Grants Program. It was the consensus of the City Council that the recommendation be adopted. C-20328 There was presented Mayor and Council Communication No. C- Van Cliburn 20328 from the City Manager recommending that the City Council Foundation, Inc. authorize the City Manager to execute a contract in the amount of $62,500.00 with the Van Cliburn Foundation, Inc. It was the consensus of the City Council that the recommendation be adopted. C-20329 There was presented Mayor and Council Communication No. C- Fort Worth 20329 from the City Manager recommending that the City Council Museum of authorize the City Manager to execute a contract in the amount of Science and $539,072.00 with the Fort Worth Museum of Science and History. It History was the consensus of the City Council that the recommendation be adopted. C-20330 There was presented Mayor and Council Communication No. C- Fort Worth 20330 from the City Manager recommending that the City Council Sister Cities authorize the City Manager to execute a contract in the amount of International $332,000.00 with Fort Worth Sister Cities International. It was the consensus of the City Council that the recommendation be adopted. C-20331 There was presented Mayor and Council Communication No. C- Ord. #16172 20331 from the City Manager recommending that the City Council Crowley adopt Appropriation Ordinance No. 16172 increasing estimated Independent receipts and appropriations in the Street Light and Signal School District Improvement Fund in the amount $125,000.00 subject to receipt of funds from an agreement with Crowley Independent School District (CISD), for the purpose of funding traffic signal equipment; and authorize the City Manager to execute an interlocal agreement with CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 14 of 31 CISD for the furnishing of traffic signal equipment by a municipality at following intersection: Chaparral Creek Drive at Hulen Street South at the school driveway for North Crowley High School. It was the consensus of the City Council that the recommendation be adopted. C-20332 There was presented Mayor and Council Communication No. C- Change Order#3 20332 from the City Manager recommending that the City Council to CSC #29294, authorize the City Manager to execute Change Order No. 3 to City AUI Contractors, Secretary Contract No. 29294 with AUI Contractors, L.P., for M-1-1-1 L.P. Drainage Basin Sanitary Sewer and Water System Rehabilitation and Improvement, Phase I, in the amount of $46,096.00 for additional pay item quantities, thereby increasing the contract amount to $1,106,738.19. It was the consensus of the City Council that the recommendation be adopted. C-20333 There was presented Mayor and Council Communication No. C- Carter & 20333 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering agreement with Carter & Burgess, Inc., in the amount of $86,926.00 for pavement reconstruction and water and sewer main replacement for Childress Street (Wichita Street to Erath Street), Eastland Street (Wichita Street to Nolan Street), Grayson Street (Wichita Street to Foard Street), and Cutter Street (Foard Street to Nolan Street). It was the consensus of the City Council that the recommendation be adopted. C-20334 There was presented Mayor and Council Communication No. C- Amendment #1 20334 from the City Manager recommending that the City Council to CSC #29706, authorize the City Manager to execute Amendment No. 1 to City Kimley-Horn and Secretary Contract No. 29706 with Kimley-Horn and Associates, Associates, Inc. Inc., for Sanitary Sewer Rehabilitation Contract LXX (70) in the amount of $62,629.50 to provide for additional design and survey services, thereby increasing the contract amount to $471,079.50. It was the consensus of the City Council that the recommendation be adopted. C-20335 There was presented Mayor and Council Communication No. C- John DuBosque 20335 from the City Manager recommending that the City Council authorize the City Manager to execute an Unimproved Ground Lease with Mandatory Improvements with Mr. John DuBosque for 14,000 square feet of land for aircraft storage hangars at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 15 of 31 C-20336 There was presented Mayor and Council Communication No. C- Arthur and 20336 from the City Manager recommending that the City Council Patricia B. approve a five-year Municipal Property Tax Abatement for a Tatum property located at 2033 Danner Street owned by Arthur Tatum and Patricia B. Tatum in the Stop Six Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with Arthur Tatum and Patricia B. Tatum are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Arthur Tatum and Patricia B. Tatum for 2033 Danner Street in the Stop Six NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox C-20337 There was presented Mayor and Council Communication No. C- Continued for 20337 from the City Manager recommending that the City Council One Week authorize the City Manager to execute a contract with CPS Executive Search for executive search consultant services for the recruitment and selection of a City Manager, for an amount not to exceed $23,000.00 for professional services and $10,000.00 for related expenses. Several Council Members expressed concern with who would be responsible for oversight of the executive search for the City Manager. City Attorney Yett stated that the City Council would be responsible for the process. Acting Assistant City Manager Zavala stated that there was a timeline involved that included profiling of the ideal candidate, a recruitment process, and candidate interviews. Council Member Lane made a motion, seconded by Council Member Wheatfall, that the recommendation be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 16 of 31 C-20338 There was presented Mayor and Council Communication No. C- Cott Beverages, 20338 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute the Tax Abatement Agreement with Cott Beverages, Inc.; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Cott Beverages, Inc., are true and correct. Council Member Wheatfall 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, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-20339 There was presented Mayor and Council Communication No. C- Meacham 20339 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a written consent to the LLC execution of a Deed of Trust Lien by Meacham Development, LLC, in favor of Southwest Bank of Texas N.A. related to lease sites 5-N through 10-N at Fort Worth Meacham International Airport. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20340 There was presented Mayor and Council Communication No. C- One SR, L.P. 20340 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with One SR, L.P., a Texas Limited Partnership by Centamtar Terras, LLC, its General Partner, for the installation of water and sewer services to serve Sendera Ranch, Phase II, Section 2, a future single-family home development, located in northwest Fort Worth. Council Member Lane made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. (Council Member Wheatfall stepped away from the dais.) C-20341 There was presented Mayor and Council Communication No. C- One SR, L.P. 20341 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilitates Agreement with One SR, L.P., a Texas Limited Partnership by CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 17 of 31 Centamtar Terras, LLC, its General Partner, for the installation of water and sewer services to serve Sendera Ranch, Phase II, Section 1A, a future single-family home development, located in northwest Fort Worth. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. (Council Member Lane stepped away from the dais.) Public Hearing It appeared that the City Council set today as the date for the first on Evans and public hearing on Evans and Rosedale Business and Cultural Rosedale District Master Plan. Mayor Moncrief asked if there was anyone Business and present desiring to be heard. Cultural District Master Plan Ms. Patrina Newton, representing the Planning Department, appeared before Council and gave a staff report. The following individuals appeared before Council in support of the master plan: Devoyd Mr. Devoyd Jennings 1150 S. Freeway Jennings, Sonia Ms. Sonia Williams-Babers 605 E. Berry Street, Suite 110 Williams-Babers, Ms. Reba Henry 2914 Avenue L Reba Henry, Francisco (Council Member Wheatfall returned to his chair at the dais.) Hernandez, Mr. Francisco Hernandez 2108 Alston Avenue Shirley Lewis, Ross Haynes, Jr. Ms. Shirley W. Lewis 906 East Leuda (Council Member Lane returned to his chair at the dais.) Mr. Ross Haynes, Jr. 1021 Glen Garden Drive There being no one present desiring to be heard in connection with the first public hearing on the Evans and Rosedale Business and Cultural District Master Plan, Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the public hearing be closed. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 3123 was Hearing adopted on September 14, 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 September 17, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 18 of 31 ZC-03-322 It appeared that the City Council set today as the date for a hearing Continued for for Zoning Docket No. ZC-03-322, Text Amendment concerning One Week Home Occupations. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Department Director, appeared before Council and provided a staff report relative to changes to the ordinance. The following individuals appeared before Council in opposition of the text amendment. They expressed concern relative to regulating the amount of students allowed in home schools, and requested the Council include an exemption in paragraph 1c of the ordinance for education related classes taught in a home. David Dena, Mr. David Dena 1509 Trafalgar Road Lynn Sneed, Idaly Flores, (Council Member Lane stepped away from the dais.) Jay Keiser, Melody Lambert, Ms. Lynn Sneed 1317 Country Manor Guy Opp Ms. Idaly Flores 2315 Villanova Street, Arlington, TX Esther per, sh, Mr. Jay Keiser 6037 Western Pass Jack Hamilton, Ms. Melody Lambert 4020 Alicante Avenue John Lundelius, Mr. Guy Opper 2405 Westwood Drive, Arlington, TX Francisco Ms. Esther McElfish 7112 Martha Lane Hernandez, (Mayor Moncrief and Council Member Silcox stepped away from Katherine the dais.) Hagood, Janice Michel, Mr. Jack Hamilton 3139 Lipscomb Street Mary Hamilton, Mr. John Lundelius 2112 Sixth Avenue Allie Hamilton Mr. Francisco Hernandez 2108 Alston Avenue Ms. Katherine Hagood 3511 Westcliff Road South (Mayor Moncrief and Council Member Silcox returned to their chairs at the dais.) Ms. Janice Michel 2115 Primrose Avenue (Addressed material/merchandise delivery; sale of merchandise) Ms. Mary Hamilton 3139 Lipscomb Street Ms. Allie Hamilton 3139 Lipscomb Street There being no one else present desiring to heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03- 322 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 19 of 31 ZC-04-072 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Nance Properties (South), for a change in zoning of property located in the 10900-11300 blocks of Willow Springs Road, 1600-1800 blocks of Bonds Ranch from "AG" Agricultural to "A-5" One-Family Residential (172.54 acres) and "E" Neighborhood Commercial (35.35 acres) and "A-10" One-Family Residential (124.66 acres), Zoning Docket No. ZC-04- 072, be approved. The motion carried unanimously. ZC-04-073 Council Member Stevenson made a motion, seconded by Council Continued for Member Wheatfall, that the application of Nance Properties (North), Two Weeks for a change in zoning of property located in the 200-800 blocks of Avondale Haslet Road from "AG" Agricultural to "G" Intensive Commercial (66.90 acres), "MU-2" High Intensity Mixed Use (139.0 acres), "C" Medium Density Multi-Family Residential (174.87 acres), "R-2" Townhouse/Cluster Residential (92.89 acres) and "A-5" One- Family Residential (545.25 acres) and "E" Neighborhood Commercial (92.33 acres), Zoning Docket No. ZC-04-073, be continued for two weeks. The motion carried unanimously. PZ-2549 There was presented Mayor and Council Communication No. PZ- Ord. #16173 2549 from the City Manager recommending that the City Council Voluntary adopt Ordinance No. 16173 declaring certain findings; providing Annexation of for the extension of certain boundary limits of the City of Fort Approximately Worth; providing for the annexation of approximately 68.32 acre 68.32 Acres tract of land situated in the G.T. Walters Survey, Abstract 1696 as Located at located in Tarrant County, Texas and being a portion of the DBE Northwest Realty tract, Tarrant County, Texas (Case No. AX-04-007) which Corner of said territory lies adjacent to and adjoins the present corporate Haltom-Bailey- boundary limits of Fort Worth, Texas; providing that the territory Boswell Road annexed shall bear its pro rata part of taxes; providing that the and Park Road inhabitants thereof shall have all the privileges of all the citizens of (AX-04-007) Fort Worth, Texas. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 20 of 31 ZC-04-148 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of K. Wayne Lee, for a change in zoning of property located at the northwest Corner of Bailey- Boswell Road and Park Drive from "AG" Agricultural to "A-5" One- Family Residential, Zoning Docket No. ZC-04-148, 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 ZC-04-157 It appeared that the City Council, at its meeting of September 14, SP-04-039 2004, continued the hearing of the application of Ruth Bravenec, Denied Without for a change in zoning of property located in the 1000 block of Prejudice 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. Mayor Moncrief asked if there was anyone present desiring to be heard. The following individuals appeared before Council in support of the zoning request: Viran Nana, Mr. Viran Nana 5924 Kittansett Court Raffy Aladro, Mr. Raffy Aladro 1201 Bonnie Brae Janice Michel Ms. Janice Michel 2115 Primrose Avenue Clifford Proffitt Mr. Clifford Proffitt, P.O. Box 7484, appeared before Council and commended the developer for meeting with the neighborhood. He added that his neighborhood was outside of the notification boundary and therefore remained neutral on this zoning change. The following individuals appeared before Council in opposition of the zoning change: Ms. Brandi Lamb 4105 Fain Street Mr. Jose Galiazzi 4108 Fain Street Mr. Julio Miranda 4112 Fain Street Ms. Paige Pilcher 1120 Wayne Street CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 21 of 31 Mr. Bob Riley, Development Department Director, advised Council that the City Secretary had received a petition in opposition of the zoning change. He added that the petition exceeded 20 percent of required signatures for residents within 200 feet of the affected area, and therefore a super majority vote of the Council would be needed to approve the zoning change. He further stated that the developer had delivered to the Council offices today a listing of 15 items that he would like included to the site plan requirements. There being no one else present desiring to be heard in connection with the application of Ruth Bravenec, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-157 and Site Plan No. SP-04-039 be denied without prejudice. The motion carried unanimously. PZ-2550 There was presented Mayor and Council Communication No. PZ- Ord. #16174 2550 from the City Manager recommending that the City Council Voluntary adopt Ordinance No. 16174 declaring certain findings; providing Annexation of for the extension of certain boundary limits of the City of Fort Approximately Worth; providing for the annexation of approximately 113.19 acre 113.19 Acres tract of land situated in the Henry Robertson Survey, Abstract No. Located at 1259, Tarrant County, Texas, and being a portion of that tract of Northeast land described in deed to Edwin Greines Cohen, Tarrant County, Corner of Texas. (Case No. AX-04-008) which said territory lies adjacent to Highway 287 and adjoins the present corporate boundary limits of Fort Worth, and Bonds Texas; providing that the territory annexed shall bear its pro rata Ranch Road part of taxes; providing that the inhabitants thereof shall have all (AX-04-008) the privileges of all the citizens of Fort Worth, Texas. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 22 of 31 ZC-04-203 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Edwin Cohen/Richard Craig, for a change in zoning of property located in the 1000 block of Bonds Ranch Road East from "AG" Agricultural to "A-5" One- Family Residential (Tract A) and "F" General Commercial (Tract B), Zoning Docket No. ZC-04-203, be approved. Mr. Riley stated that a revised service plan needed to be attached to the annexations. He added that they included Aqua Utilities as the water provider and an agreement between the developer and Aqua Utilities to allow Fort Worth to be the water provider. 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 ZC-04-204 Mr. Paul Lee, 1501 Merrimac Circle, Suite 100, representing the Approved applicant, appeared before Council and summarized the zoning Paul Lee change. In response to Council Member Davis' inquiry regarding site plan submission, Mr. Lee stated that the site plan would be submitted once concerns of the neighborhood were addressed. Council Member Davis made a motion, seconded by Council Member Silcox, that the application of Casa Grande, L.P., for a change in zoning of property located at 2501, 2505 and 2509 Rodgers Avenue from "B" Two-Family Residential to "PD/A-R" Planned Development/One-Family Restricted Residential and Site Plan required, Zoning Docket No. ZC-04-204, be approved. The motion carried unanimously. ZC-04-223 Council Member Davis 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 1722 Lipscomb Street from "B/HC" Two-Family Residential/Historic Cultural to "A-5/HC" One- Family Residential/Historic Cultural, Zoning Docket No. ZC-04-223, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 23 of 31 ZC-04-224 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Covenant Orthodox Presbyterian Church of Fort Worth, Inc., for a change in zoning of property located in the 10700 block of Westpoint Boulevard from "C" Medium Density Multi-Family Residential to "B" Two-Family Residential, Zoning Docket No. ZC-04-224, 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 ZC-04-225 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of T. David Skinner, for a change in zoning of property located in the 1100 block of Rendon Crowley Road East, from "I" Light Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-225, 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 ZC-04-229 Council Member Silcox made a motion, seconded by Council Continued Until Member Davis, that the application of Jerry Martinez, for a change November 9, in zoning of property located in the 8800 block of South 2004 Normandale Street from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-229, be continued until November 9, 2004. The motion carried unanimously. ZC-04-230 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, Approved representing the applicant, appeared before Council in support of the zoning change. He summarized the zoning change and added that he had met with affected school districts in the area and received no opposition. He further stated that City staff supported the zoning. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 24 of 31 Council Member Haskin expressed concern that the proposed 899 lots could be 4,000 square foot lots with zero lot lines. Mr. Hopkins provided rebuttal and stated that 596 of the lots were "PD/AR" with an average size of 4,400 square feet; the other 34 percent of the lots were "A-5" and were an average size of 5,500 square feet. After a lengthy discussion, Council Member Silcox called for the question, seconded by Council Member Stevenson. 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 Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Petrus Investment, L.P., for a change in zoning of property located at 10500 Oak Grove Road from "I" Light Industrial to "PD/AR" Planned Development/One- Family Restricted (164.26 acres) and "A-5" One-Family Residential (53.93 acres) and site plan required, Zoning Docket No. ZC-04-230, 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 ZC-04-232 Ms. Marty Craddock, 4904 Dexter, appeared before Council in Approved support of the zoning change. She read a letter from Mr. David Marty Craddock Thornton requesting that the following language be added: "A Certificate of Occupancy for the property cannot be issued for a medical use unless the occupants have received a variance from the Board of Adjustment for the current parking requirement of ten spaces." CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 25 of 31 Rita Baker Ms. Rita Baker, 6317 Pamlico, owner of the property, appeared before Council in support of the zoning change. She stated that there was currently room for nine parking spaces. She stated that placing additional requirements on the property would seriously impact her ability to have the property leased. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of Galbraith Investments, Trustee Rita Baker, for a change in zoning of property located at 5013 Byers Avenue from "PD-27A" Speech and Hearing Therapy Clinic to "PD/SU" Planned Development/Specific Use for the following uses: Health Services Facility, Including Doctor's Office or Medical Clinic; Offices; Dressmaking, Custom; Millinery Shop; Studio, Art or Photography subject to the "E-R" District Development Standards with required 5 feet side yards and waiver of site plan recommended, Zoning Docket No. ZC-04-232, be approved. The motion carried unanimously. ZC-04-233 Ms. Teophelia Garza, 3517 Ellis Avenue, applicant, appeared before Approved Council in support of the zoning change. Teophelia Garza Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Teophelia Garza, for a change in zoning of property located at 2508 Fisher Avenue from "J" Medium Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-233, be approved. The motion carried unanimously. ZC-04-237 Council Member Wheatfall made a motion, seconded by Council Approved Member Davis, that the application of Wal-Mart, for a change in zoning of property located in the 8500 block of North Beach Street from "C" Medium Density Multi-Family to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-237, be approved. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket Nos. ZC-04-240 through ZC-04- 255 be voted by a single motion. The motion carried unanimously. Mayor Pro tempore McCloud requested that the motion be reconsidered as he intended to make an amendment to Item 26, Zoning Docket No. ZC-04-250. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 26 of 31 Council Member Davis made a motion, seconded by Council Member Silcox, to reconsider the previous action by the City Council. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket Nos. ZC-04-240 through ZC-04- 255 be voted by a single motion with the exception of Zoning Docket No. ZC-04-250. The motion carried unanimously. ZC-04-240 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located 2910 NW 20th Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-240, be approved. The motion carried unanimously. ZC-04-242 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 4208 Fain Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-242, be approved. The motion carried unanimously. ZC-04-243 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 2508 Dillard Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-243, be approved. The motion carried unanimously. ZC-04-244 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 5217 Dunbar Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-244, be approved. The motion carried unanimously. ZC-04-245 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1400 East Berry Street from "K" Heavy Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-04-245, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 27 of 31 ZC-04-246 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1723 East Hattie Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-246, be approved. The motion carried unanimously. ZC-04-247 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1325 East Morphy Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-247, be approved. The motion carried unanimously. ZC-04-248 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1433 Elmwood Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-248, be approved. The motion carried unanimously. ZC-04-249 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 917 Ramsey Avenue from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-249, be approved. The motion carried unanimously. ZC-04-250 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1226 Ash Crescent Street from "J" Medium Industrial and "I" Light Industrial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-250, be approved by amending the zoning to "ER" Neighborhood Commercial Restricted. Mr. Bob Riley, Development Department Director, advised the Council that "ER" zoning limited the size of the building and recommended the zoning be "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding alcohol sales. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 28 of 31 Mayor Pro tempore McCloud amended his motion, and Council Member Davis amended her second, to approve Zoning Docket No. ZC-04-250 by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding the sale of alcohol. The motion carried unanimously. (Note: See further action on this item on page 30.) ZC-04-251 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 2712 La Salle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-251, be approved. The motion carried unanimously. ZC-04-252 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1117 East Morphy Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-04-252, be approved. The motion carried unanimously. ZC-04-253 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 2727 Jones Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-253, be approved. The motion carried unanimously. ZC-04-254 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 2838 Hemphill Street from "F" General Commercial to "E-R" General Commercial Restricted, Zoning Docket No. ZC-04-254, be approved. The motion carried unanimously. ZC-04-255 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department, for a change in zoning of property located at 1112 East Oleander Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-255, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 29 of 31 ZC-04-234 Mr. Leigh Chu, 1501 Merrimac Circle, representing the applicant, Approved/ appeared before Council in support of the zoning request and Denied summarized the submitted changes. Leigh Chu Council Member Picht made a motion, seconded by Council Member Davis, that the application of Boa Sorte, L.P., et. al., Zoning Docket No. ZC-04-191 for a change in zoning of property located at the southeast corner of West Risinger Road and McCart Avenue, be approved/denied without prejudice as follows: Recommended for Approval From "C" Medium Density Multi-Family Residential, "E" Neighborhood Commercial, "R-2" Townhouse/Cluster Residential, "A-R" One-Family Restricted Residential and "I" Light Industrial to "A-5" One-Family Residential (Tract 3), "A-R" One-Family Restricted Residential (Tracts 4 & 5) Recommended for Denial "A-5" One-Family Residential (Tract 1) & "C" Medium Density Multi- Family Residential (Tract 2) 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 ZC-04-235 Mr. Donald L. "Bud" Hudgins, 4836 Bryce, applicant, appeared Set for Special before Council in support of the zoning change and requested Hearing on Council schedule this case for a special hearing on November 9, November 9, 2004. 2004 Donald Hudgins Council Member Picht made a motion, seconded by Council Member Davis, that the application of Christopher Harris, Trustee, for a change in zoning of property located in the 900 block of West Risinger Road from "I" Light Industrial and "J" Medium Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-235, be set for a Special Hearing on November 9, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 12, 2004 PAGE 30 of 31 Reconsider City Attorney Yett advised Council that Zoning Docket No. ZC-04- Zoning Docket 250 needed to be reconsidered as it did not address a waiver of the No. ZC-04-250 Site Plan. He added that the original zoning was straight zoning and required no site plan; however, a site plan was required with "PD/SU" Planned Development/Specific Use zoning. Council Member Davis made a motion, seconded by Council Member Silcox, to reconsider Zoning Docket No. ZC-04-250. The motion carried unanimously. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the application of the City of Fort Worth Planning Department, for a change in zoning of property located at 1226 Ash Crescent Street from "J" Medium Industrial and "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial excluding the sale of alcohol, Zoning Docket No. ZC-04-250, be approved by amending the zoning to include waiver of Site Plan. 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 Picht made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16175 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 OCTOBER 12, 2004 PAGE 31 of 31 Citizen Mr. Austin Onyeche, 8514 Gatlingburg Drive, appeared before Presentations Council and requested the Council approve a permit extension for his year 2000 taxicab. Council Member Davis requested that staff develop an amortization of the payment schedule for 2000 taxicabs to determine if the taxicabs could be paid for by the time the City required their removal from operation in the City. She added that it might be appropriate to extend the permit deadline if it was determined otherwise. Adjournment There being no further business, the meeting was adjourned at 11:25 p.m. These minutes approved by the Fort Worth City Council on the 19th day of October, 2004. Attest: Approved: Marty Hen ix Micha I J. Moncrief City Secretary Mayor