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HomeMy WebLinkAbout2004/11/09-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 Date & Time On the 9t" day of November, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 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; 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 Pastor T.L. Wise, Trinity Fellowship Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Haskin, the minutes of the regular meeting of November 2, 2004, were approved unanimously. Special Mr. Jason Smith, President, Fort Worth Dog Park Association, Presentations introduced members of the association and expressed appreciation to the Council for their support of the dog park. He stated that as part of the "Barktoberfest" fundraising activities, Council Member Haskin's dog "Gigi" was elected as Fort Woof's first Mayor. Gigi was presented with official Mayor attire and the City was presented with a $6,000.00 check for care of the dog park. Mr. Smith also presented the City Council, Fire Department, Parks and Community Services Department, and Fort Worth Star- Telegram reporter Anna Tinsley, with a Rubber Fire Hydrant Award for their support of the dog park. Announcements Council Member Wheatfall stated that the following community meetings and activities would be conducted and lead up to the District 5 Summit: a. November 15, 2004: Education Committee, 7:00 p.m. to 8:00 p.m., Eugene McCray Center, corner of Wilbarger and Village Creek b. November 16, 2004: Employment Sub-Committee, 6:30 p.m. to 8:30 p.m., Eastland Street Baptist Church, 4300 Eastland Street CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 2 of 26 c. November 17, 2004: Health and Human Services Sub- Committee, 6:00 p.m. to 7:00 p.m., MLK Center, 5565 Truman Drive. d. November 22, 2004: Economic Development & Housing Committee, 6:30 p.m. to 7:30 p.m., Polytechnic Community Office, 2841 Avenue G. e. Every Monday: Clean and Safe Neighborhoods, 6:00 p.m. to 7:00 p.m., Eugene McCray Center, corner of Wilbarger and Village Creek. f. November 20, 2004: Community Thanksgiving Dinner and Feed the Hungry, 1:00 p.m. to 3:00 p.m., MLK Center, 5565 Truman Drive. g. December 11, 2004: District 5 Summit, 10:00 a.m. to 2:00 p.m., ITC Building, 1001 Jones Street. Council Member Picht reminded everyone that Veteran's Day was on November 11, 2004. He stated that there would be a parade through town at 10:30 a.m. and that Veteran's Day programs would be held at both Shannon Rose Hill Cemetery and the Botanic Gardens at 3:00 and invited everyone to attend. Mayor Pro tempore McCloud invited everyone to attend a culmination of meetings over the past year and a half of persons and committees who had been looking at ways to eliminate chronic homelessness in the City. The meeting would be held on November 10, 2004 at the Central Library, Tandy Lecture Hall, and people who had been working hard on this issue would give presentations and solicit public opinion on how to strategically deal with the homeless issue. Council Member Silcox announced that the final two meetings for the Crime Control and Prevention District Board would be held on November 11th and 18th, 2004 at 6:00 p.m. in the Pre-Council Chamber. He summarized the process that would lead up to the February 5, 2005 election for renewal of the district and encouraged everyone to attend and provide their input. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. P-10036 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 3 of 26 Council Member Picht requested that Mayor and Council Communication No. P-10035 be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. P-10037 be withdrawn. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wheatfall, the consent agenda, as amended, was adopted unanimously. Presentations by Council Member Haskin made a motion, seconded by Council City Council - Member Wheatfall, that the following appointment and Appointments reappointments be made to Boards and Commissions as indicated and with expiration of terms as reflected: REAPPOINTMENTS: PLACE NAME EXPIRATION Golf Advisory Committee 4 Ray Ferrell October 1, 2006 Animal Shelter Advisory Committee 4 Jerry Cook October 1, 2006 6 Raul Rodriguez October 1, 2006 Board of Adjustment & Fort Worth Alliance Airport Board of Adjustment -Alternate 10 Victoria Powell October 1, 2006 City Plan Commission - Alternate 10 John Melcher October 1, 2006 Downtown Design Review Board 2 Raymond O'Connor October 1, 2006 4 James E. Fender October 1, 2006 6 Elizabeth Falconer October 1, 2006 Fort Worth Commission for Women 10 Judy Wang October 1, 2005 11 Grace Breeze October 1, 2005 13 Joy Thomas October 1, 2005 14 Juanita Orneles October 1, 2005 15 Lynette Jensen October 1, 2005 16 Treisha Light October 1, 2005 17 Marcy Paul October 1, 2005 19 Kathryn Bryan October 1, 2005 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 4 of 26 Tarrant County 9-1-1 Emergency Assistance Board Jim Austin October 1, 2006 APPOINTMENT: Human Relations Commission 10 Elizabeth Trevino October 1, 2006 The motion carried unanimously. Res. #3137 There was presented Resolution No. 3137 Requesting Financial Request Assistance from the Texas Water Development Board. Council Financial Member Stevenson made a motion, seconded by Council Member Assistance from Silcox, that the resolution be adopted. Texas Water Development Board Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1450 There was presented Mayor and Council Communication No. OCS- Claims 1450 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14575 There was presented Mayor and Council Communication No. G- Ord. #16197 14575 from the City Manager recommending that the City Council Fund adopt Appropriation Ordinance No. 16197 increasing Investigations of appropriations in the General Fund, Department of Police, in the Serious Animal- amount of $50,983.00 and decreasing appropriations in the General Related Offenses Fund, Department of Public Health by the same amount, for the purpose of transferring said funds to the Police Department to fund investigations of serious animal related offenses. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 5 of 26 G-14576 There was presented Mayor and Council Communication No. G- Ord. #16198 14576 from the City Manager recommending that the City Council Authorize Supplemental Appropriation Ordinance No. 16198 increasing Payment to appropriations in the General Fund in the amount of $54,039.10 Standing and decreasing the unreserved, designated fund balance by the Steering same amount, for the purpose of funding participation in dockets Committee of and rate cases at the Texas Public Utilities Commission with the TXU Electric TXU Electric Services Area Cities Steering Committee; and Service Area authorize the City Manager to pay the Steering Committee of TXU Cities at Texas Electric Service Area Cities the sum of $54,039.10 to fund Public Utility participation in current and upcoming dockets and rulemakings at Commission the Texas Public Utilities Commission. It was the consensus of the City Council that the recommendation be adopted. G-14577 There was presented Mayor and Council Communication No. G- Adopt Corporate 14577 from the City Manager recommending that the City Council Partnerships approve and adopt the Corporate Partnerships Policy Statement, Policy Statement which provides guidelines for developing and managing marketing partnership agreements. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14578 There was presented Mayor and Council Communication No. G- Appoint Steve 14578 from the City Manager recommending that the City Council Parker to authorize the City Manager to appoint Mr. Steve Parker to Place 4 Construction of the City's Construction and Fire Prevention Board of Appeals and Fire effective November 9, 2004 and with a term expiring October 1, Prevention 2006. Council Member Davis made a motion, seconded by Council Board of Member Stevenson, that the recommendation be adopted. The Appeals, Place 4 motion carried unanimously. G-14579 There was presented Mayor and Council Communication No. G- Donation of 14579 from the City Manager recommending that the City Council Aircraft Hull authorize the City Manager to accept from Spirit Airlines the from Spirit donation of an MD-81 aircraft hull valued at an estimated Airlines for $100,000.00 for the purpose of conducting airport firefighting and Conducting rescue training. Council Member Davis made a motion, seconded Airport by Council Member Silcox, that the recommendation be adopted Firefighting and with appreciation. The motion carried unanimously. Rescue Training CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 6 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing to Submit the City's FY 2005-06 Funding Application to the Fort Worth Crime Control and Prevention Board of Directors. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Susan Alanis, representing the Police Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14580 as follows: G-14580 There was presented Mayor and Council Communication No. G- Submit 14580 from the City Manager recommending that the City Council City's FY 2005- authorize the City Manager to submit the City's FY 2005-06 funding 06 Funding application to the Crime Control and Prevention District Board of Application to Directors; and submit a FY 2004-05 mid-year budget amendment in Fort Worth the amount of $2,186,289.00 to the Crime Control and Prevention Crime Control District Board of Directors after a successful renewal election. and Prevention Board of There being no one present desiring to be heard in connection with Directors the public hearing, Council Member Lane made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14580 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None P-10035 There was presented Mayor and Council Communication No. P- Continued for 10035 from the City Manager recommending that the City Council One Week authorize a purchase agreement for the purchase of Blackberry equipment, software and wireless services from Nextel Communications, Inc., for the Information Technology Solutions Department; and authorize this agreement to begin December 1, 2004, and expire November 30, 2005, with options to renew for three additional one-year periods. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. P-10035 be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 7 of 26 Council Member Picht made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P- 10035 be continued for one week. The motion carried unanimously. P-10036 There was presented Mayor and Council Communication No. P- Res. #3138 10036 from the City Manager recommending that the City Council Join U.S. approve Resolution No. 3138 for the City of Fort Worth to join the Communities U.S. Communities Government Purchasing Alliance; authorize this Government resolution to begin November 9, 2004 and expire upon mutual Purchasing consent of both parties; and authorize the City Manager to execute Alliance an agreement with the U.S. Communities Government Purchasing Alliance. City Manager Boswell stated that the last two paragraphs of the resolution needed to be amended to change "5t" day of October 2005" to "9t" day of November 2004." Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. P- 10036 be adopted as amended. The motion carried unanimously. P-10037 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-10037, Confirm Emergency Purchase from Eagle Construction & Environmental Services, L.P., for Cleanup of Primary Clarifiers at The Village Creek Wastewater Treatment Plant, be withdrawn. (Council Member Davis stepped away from the dais.) L-13927 There was presented Mayor and Council Communication No. L- Permanent 13927, dated October 5, 2004, from the City Manager Sanitary Sewer recommending that the City Council declare the necessity of taking Easement an interest in a parcel of land, B.F. Richardson Survey, Abstract No. 1374, Tarrant County, Texas, owned by Lee Bass, Trustee (DOE 4159), to provide sanitary sewer service to the Walsh Ranch addition and the surrounding area south of Mary's Creek and authorize the City Attorney to institute condemnation proceedings to acquire an interest in the land. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 8 of 26 L-13946 There was presented Mayor and Council Communication No. L- Permanent 13946 from the City Manager recommending that the City Council Sanitary Sewer authorize the acceptance of one permanent sanitary sewer Easement easement described as Lot 26, Block 8, Trentman City Addition, Tarrant County, Texas, from Rosita Basaldu for property located at 5101 Shackleford Street (DOE 920), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13947 There was presented Mayor and Council Communication No. L- Permanent 13947 from the City Manager recommending that the City Council Drainage approve the acceptance of two permanent drainage easements and Easements and two temporary construction easements described as part of Lot 3, Temporary Block 4, Diamond Hill Addition, Tarrant County, Texas, from Construction Charity Camancho, for property located on Peak Street (DOE 3912), Easements required for the construction of an offsite storm drain outfall, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13948 There was presented Mayor and Council Communication No. L- Quit Claim Deed 13948 from the City Manager recommending that the City Council authorize the transfer of title by quit claim deed to the Fort Worth Transportation Authority for excess right-of-way land located near the Southeastern Central Business District (DOE 3462). It was the consensus of the City Council that the recommendation be adopted. L-13949 There was presented Mayor and Council Communication No. L- Permanent 13949 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main easement Easement and and one temporary turnaround easement from Thomas Crossing a, Temporary LLC, and one permanent drainage easement from M B Southern Turnaround Oaks Partners, LTD, described as portion of the Abner Lee Survey, Easement Abstract No. 931, Tarrant County, Texas, for property located south of Burleson Retta Road and east of Wild Cat Way in far South Fort Worth (DOE 4304), necessary for the construction, operation, maintenance and repair of water and drainage facilities to serve the Thomas Crossing Phase III project, for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 9 of 26 L-13950 There was presented Mayor and Council Communication No. L- Permanent 13950 from the City Manager recommending that the City Council Aerial Easement approve the conveyance of one permanent aerial easement described as Jacob Wilcox Survey No. 2, Abstract No. 1725, Tarrant County, Texas, from the City of Fort Worth to TXU Electric Delivery Company for the Installation of one power pole and related electrical facilities for Pocket Theatre, Inc., d/b/a Hip Pocket Theatre on Silver Creek Road in West Fort Worth. It was the consensus of the City Council that the recommendation be adopted. L-13951 There was presented Mayor and Council Communication No. L- Accept 8.588 13951 from the City Manager recommending that the City Council Acres of accept the dedication of 8.588 acres of parkland and constructed Parkland and facility improvements from Pulte Homes of Texas, L.P., for Lasater Facility Addition Phase I Section I in accordance with the Neighborhood Improvements and Community Park Dedication Policy. Council Member Wheatfall from Pulte made a motion, seconded by Council Member Lane, that the Homes of Texas, recommendation be adopted. The motion carried unanimously. L.P. PZ-2555 There was presented Mayor and Council Communication No. PZ- Ord. #16199 2555 from the City Manager recommending that the City Council Vacate Portions adopt Ordinance No. 16199 vacating and extinguishing portions of of Miscellaneous miscellaneous streets and alleys as follows: a portion of Harding Streets and Street between Block 159 of the Original Town of Fort Worth and Alleys Block A of Evans and Huffman Addition; a portion of Pharr Street VA-04-017, VA- situated on the south side of Block 159 of the Original Town of Fort 04-018,VA-04- Worth, being approximately 60 feet wide and having a variable 020, and VA-04- width of 68.27 feet to 100.10 feet; a portion of Grant Street between 023 Blocks A and B of the Evans Huffman Addition; and all of the 16 foot wide alley lying on the west side of Block B of the Evans Huffman Addition, and lying on the east side of the Boaz Summit Addition and the J.L. Moore Subdivision. • VA-04-017 Being a portion of Harding Street between Block 159 of the Original Town of Fort Worth, an unrecorded addition to the City of Fort Worth and Block A of Evans and Huffman Addition, an addition to the City of Fort Worth; and • VA-04-018 Being a portion of Pharr Street situated on the south side of Block 159 of the Original Town of Fort Worth, an unrecorded addition to the City of Fort Worth; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 10 of 26 • VA-04-020 Being a portion of Grant Street between Blocks A and B of the Evans Huffman Addition, an addition to the City of Fort Worth; and • VA-04-023 Being all of the 16 foot wide alley lying on the west side of Block B of the Evans Huffman Addition, an addition to the City of Fort Worth, and lying on the east side of the Boaz Summit Addition, an unrecorded addition to the City of Fort Worth, and on the east side of the J.L. Moore Subdivision, an unrecorded addition to the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-20388 There was presented Mayor and Council Communication No. C- Rice Williams 20388 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract for professional services with Rice Williams Associates, Inc., to conduct a telephone survey of future cable-related community needs, and Marcus Cable Associates L.L.C. d/b/a Charter Communications performance under the current franchise agreement. The cost of these services will not exceed $58,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20389 There was presented Mayor and Council Communication No. C- First Southwest 20389 from the City Manager recommending that the City Council Asset authorize the City Manager to negotiate and execute a three-year Management, contract with First Southwest Asset Management, Inc., an affiliate Inc. of First Southwest Company, for arbitrage rebate calculation services for all outstanding bond issues falling under the arbitrage regulations. It was the consensus of the City Council that the recommendation be adopted. C-20390 There was presented Mayor and Council Communication No. C- Morgan Stanley 20390 from the City Manager recommending that the City Council and Bank of New authorize the City Manager to negotiate and execute the necessary York documents to amend the City's securities lending program with Morgan Stanley and Bank of New York for one year with four optional one-year renewals. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 11 of 26 C-20391 There was presented Mayor and Council Communication No. C- Change Order#1 20391 from the City Manager recommending that the City Council to CSC #28066, authorize the City Manager to execute Change Order No. 1 to City J.L. Bertram Secretary Contract No. 28066 with J.L. Bertram Construction & Construction & Engineering, Inc., in the amount of $55,209.09, for HMAC Surface Engineering, Inc. Overlay 2002-19, increasing the total contract amount to $888,900.04. It was the consensus of the City Council that the recommendation be adopted. C-20392 There was presented Mayor and Council Communication No. C- DeOtte, Inc., 20392 from the City Manager recommending that the City Council Civil Engineering authorize the City Manager to execute an engineering agreement with DeOtte, Inc., Civil Engineering, in the amount of $28,765.00 for the Kellis-May Drainage Improvements project (City Project 00089). It was the consensus of the City Council that the recommendation be adopted. C-20393 There was presented Mayor and Council Communication No. C- Change Order#2 20393 from the City Manager recommending that the City Council to CSC #28340, authorize the City Manager to execute Change Order No. 2 to City Champagne Secretary Contract No. 28340 with Champagne Webber, Inc., Texas Webber, Inc. (now W. W. Webber, Inc.) in the amount of $71,125.23 for West Cargo Taxiway improvements at Fort Worth Alliance Airport, thereby increasing the contract amount to $6,016,300.55. It was the consensus of the City Council that the recommendation be adopted. C-20394 There was presented Mayor and Council Communication No. C- Res. #3139 20394 from the City Manager recommending that the City Council Ord. #16200 authorize the City Manager to accept an Airport Project Texas Participation Agreement grant from the Texas Department of Department of Transportation (TxDOT) for $1,200,000.00 for the design and Transportation engineering phase of the Runway 16/34 repair and apron expansion project at Fort Worth Meacham International Airport, of which $1,080,000.00 will be funded by TxDOT and $120,000.00 funded by the City; adopt Resolution No. 3139 Grant Agreement State Funded Runway Repair Project — TxDOT acting as Agent; authorize the transfer of funds in the amount of $120,000.00 from the Aviation Capital Projects Fund to the Grants Fund for the 10 percent match; and adopt Appropriation Ordinance No. 16200 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,200,000.00, subject to receipt of the Airport Project Participation Agreement Grant from the Texas Department of Transportation, for the purpose of funding the CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 12 of 26 Design and Engineering Phase of the Runway 16/34 Repair Project at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20395 There was presented Mayor and Council Communication No. C- Texas Jet, Inc. 20395 from the City Manager recommending that the City Council authorize the City Manager to execute a Tank Farm Lease and Public Fueling Agreement with Texas Jet, Inc. It was the consensus of the City Council that the recommendation be adopted. C-20396 There was presented Mayor and Council Communication No. C- Metroplex 20396 from the City Manager recommending that the City Council Control authorize the City Manager to execute a contract with Metroplex Systems, Inc. Control Systems, Inc., for the installation of an alert notification system at the Holly Water Treatment and Maintenance Complex, in an amount not to exceed $1,034,647.00. It was the consensus of the City Council that the recommendation be adopted. C-20397 There was presented Mayor and Council Communication No. C- Ord. #16201 20397 from the City Manager recommending that the City Council Amend Ord. adopt Ordinance No. 16201 amending Paragraph 2 of Ordinance #15853, Sewer No. 15853 adopting a per acre charge for the 1523 acres served by Per Acre Charge approach Sewer Main M-624* from Station 0+00 to Station 124+80. for M-624* Sewer It was the consensus of the City Council that the recommendation Main be adopted. C-20398 There was presented Mayor and Council Communication No. C- AUI Contractors, 20398 from the City Manager recommending that the City Council L.P. authorize the City Manager to execute a contract with AUI Contractors, L.P., in the amount of $497,780.00 for civil construction work associated with entrance security improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants. It was the consensus of the City Council that the recommendation be adopted. C-20399 There was presented Mayor and Council Communication No. C- Change Order 20399 from the City Manager recommending that the City Council No. 7 to CSC authorize the City Manager to execute Change Order No. 7 to City #30445, Secretary Contract No. 30445 with Muckleroy and Falls Muckleroy and Construction Company Inc., to complete construction on the Fort Falls Worth Mercado in the amount of $350,524.00, for a total contract Construction amount of $3,815,012.00. Council Member Lane made a motion, Company Inc. seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 13 of 26 C-20400 There was presented Mayor and Council Communication No. C- Res. #3140 20400 from the City Manager recommending that the City Council Ord. #16202 authorize the City Manager to apply for and accept, if awarded, a Ord. #16203 grant from the Texas Department of Transportation (TxDOT) Texas relating to the development of an Airport Systems Plan for the City Department of of Fort Worth in the amount of $325,000.00; adopt Resolution No. Transportation 3140 Grant Agreement State Funded Airport Systems Plan — TxDOT acting as Agent; authorize the transfer of $32,500.00 from escrow funds to the Airport Grants Fund for the City's 10 percent match; adopt Appropriation Ordinance No. 16202 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $32,500.00 from available escrow funds for the purpose of funding the City's Match for a grant with the Texas Department of Transportation, Aviation Division for the Development of an Airport Systems Plan; and adopt Appropriation Ordinance No. 16203 increasing estimated receipts and appropriations in the Airport Grant Fund in the amount of $325,000.00, subject to receipt of the grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding the Development of an Airport Systems Plan. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. First Public It appeared that the City Council set today as the date for the first Hearing for public hearing for Proposed Voluntary Full Purpose Annexation of Proposed Approximately 40.98 Acres of Land in Tarrant County, located Voluntary Full north of the intersection of North Riverside Drive and Keller Hicks Purpose Road. Mayor Moncrief asked if there was anyone present desiring Annexation of to heard. Approximately 40.98 Acres Ms. Allison Gray, representing the Development Department, Located North of appeared before Council and presented a staff report. the Intersection of North There being no one present desiring to be heard in connection with Riverside Drive the first public hearing for the proposed voluntary full purpose and Keller Hicks annexation, Council Member Lane made a motion, seconded by Road (AX-04-011 Council Member Wheatfall, that the public hearing be closed. The Village of motion carried unanimously. Woodland Springs) (Council Member Davis returned to her chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 14 of 26 ZC-04-131 It appeared that the City Council, at its meeting of October 19, SP-04-043 2004, continued the hearing of the application of Autobahn Realty Approved and Partners for a change in zoning of property located in the 112, 116, Denied Without 200 and 204 Adrian Drive from "PD-234" Planned Prejudice (Lot 4) Development/Specific Use for office display and inside storage area to "PD/SU" Planned Development for all uses in "F-R" General Commercial Restricted and site plan required, Zoning Docket No. ZC-04-131 and Site Plan No. SP-04-043. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Schell At Council Member Davis' request, Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council and summarized characteristics of the site plan. Mayor Moncrief stated that Council Member Stevenson had asked to abstain from voting on this zoning case and asked if there were any objection from Council. Upon receiving no objection, Mayor Moncrief stated Council Member Stevenson would abstain from voting on this issue. Mr. Bob Riley, Development Department Director, advised Council that Lot 4 needed to be removed from the zoning case and that Council's motion would be to deny Lot 4 without prejudice. There being no one else present desiring to be heard in connection with the application of Autobahn Realty Partners, Council Member Davis made a motion, seconded by Council Member Silcox that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-131 and Site Plan No. SP-04-043 be approved with the exception of Lot 4 which would be denied without prejudice. The motion carried unanimously. ZC-04-229 It appeared that the City Council, at its meeting of October 12, Withdrawn 2004, continued the hearing of the application of Jerry Martinez for a change in zoning of property located in the 8800 Block of South Normandale Street from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-229. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Riley stated that a letter had been received from the applicant requesting the zoning change be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 15 of 26 There being no one present desiring to be heard in connection with the application of Jerry Martinez, Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-04-229 be withdrawn. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Picht, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Stevenson Regular Zoning It appeared to the City Council that Resolution No. 3134 was Hearing adopted on October 19, 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 October 22, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-238 Council Member Picht made a motion, seconded by Council Approved Member Wheatfall, that the application of B.N. Development Company for a change in zoning of property located in the 1000 thru 1700 Blocks of West Risinger Road; 9700 thru 10,500 Blocks of Crowley Road from "AG" Agricultural, "A-5" One-Family Residential and "B" Two-Family Residential to "A-5" One-Family Residential (545.0 acres); "E" Neighborhood Commercial (35.0 acres; and "C" Medium Density Multi-Family Residential (50.0 acres), Zoning Docket No. ZC-04-238, 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 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 16 of 26 ZC-04-258 Mr. Michael Koonce, 712 May Street, appeared before Council in Continued Until opposition of the zoning change. He submitted a petition from December 3, residents in the community requested that Council restrict the 2004 zoning to only residential use. (See Subsequent Reconsideration) Mayor Pro tempore McCloud made a motion, seconded by Council Michael Koonce Member Stevenson, that the application of Ken and Kim McLaughlin for a change in zoning of property located at 312 West Leuda from "D/DD" High Density Multi-Family/Demolition Delay to "PD/SU/DD" Planned Development/Specific Use/Demolition Delay for all uses in the "MU-1" District excluding the following uses: Boarding Houses, Community Home, Group Home 1 and 2, Halfway House, College or University, Day Care Center (child or adult), Kindergarten, School; elementary or secondary (public or private), Government Office Facility, Assisted Living Facility, Hospice, Hospital, Nursing Home with full medical services, Country Club (private), Golf Course, Golf Driving Range, Stealth Telecommunications Tower, Telecommunications Antenna (on structure), Utility Transmission or distribution line, Amusement Indoor, Amusement Outdoor, Drive-in Restaurant or Business, Health or Recreation Club, Lodge or Civic Club, Museum/Cultural Facility, Restaurant, Cafe, Cafeteria, Swimming Pool (commercial), Theater, Drive-in Theater, Movie Theater or Auditorium, Bank, Financial Institution, Business College or Commercial School, Cold Storage Plant or Ice Plant, Convenience Store, Copy Store or Commercial Print Center without off-set printing, Feed Store no processing/milling, Firewood Sales, Home Improvement Store, Large Retail Store, Laundry, Dry Cleaning or Washateria, Liquor or Packaged Store, Mortuary or Funeral Home, Pawn Shop, Saddle or Harness repair or sales, Tattoo Parlor, Auto Parts Supply retail, Gasoline Sales, Parking Area or Garage (commercial or auxiliary), Passenger Station, Accessory use or building, Satellite Antenna (dish), Storage or display outside, Trailer, portable sales construction or storage, Vendor door to door, Vendor Food non- potentially hazardous food, Vendor Transient non-potentially hazardous food and waiver of site plan recommended, Zoning Docket No. ZC-04-258, be continued to December 3, 2004. The motion carried unanimously. (Note: This item was reconsidered after the zoning case below.) CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 17 of 26 ZC-04-260 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Congregation Ahawath Sholom for a change in zoning of property located in the 4000 Block of Kingsridge Road from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use for all uses in the "E" Neighborhood Commercial District and exclude all uses except the following uses: Day Care Center (child or adult), Kindergarten, school elementary or secondary (public or private), Government Office Facility, Museum, Library or Fine Arts Center government operated or controlled, Ambulance Dispatch Station, Care Facility, Health Service Facility including Doctor's Office or Medical Clinic, Hospice, Hospital, Center, Community Recreation or Welfare government operated or controlled, Country Club (private), Place of Worship, Telecommunications Antenna (on structure), Utility Transmission or Distribution Line, Offices, Barber or Beauty Shop, Book, Stationary Stores or Newsstand, Clothing/Wearing Apparel Sales new, Dressmaking custom millinery shop, Laundry or Dry Cleaning Collection Office, Medical Supplies/Equipment sales or Rental, Pharmacy drug store, Photograph portrait/camera shop or photo finishing, Studio Art or Photography, Parking Area or Garage (commercial or auxiliary), Accessory Use or Building, Satellite Antenna (dish), Trailer portable sales, construction or storage and waiver of site plan recommended, Zoning Docket No. ZC-04-260, be approved. The motion carried unanimously. Mayor Pro tempore requested that Zoning Docket No. ZC-04-258 be reconsidered at this time to change the December 3, 2004 continuation date to November 30, 2004. Council Member Haskin made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-04-258 be reconsidered. The motion carried unanimously. ZC-04-258 Mayor Pro tempore McCloud made a motion, seconded by Council Continued Until Member Silcox, that the application of Ken and Kim McLaughlin for November 30, a change in zoning of property located at 312 West Leuda from 2004 "D/DD" High Density Multi-Family/Demolition Delay to "PD/SU/DD" Planned Development/Specific Use/Demolition Delay for all uses in the "MU-1" District excluding the following uses: Boarding Houses, Community Home, Group Home 1 and 2, Halfway House, College or University, Day Care Center (child or adult), Kindergarten, School; elementary or secondary (public or private), Government Office Facility, Assisted Living Facility, Hospice, Hospital, Nursing Home with full medical services, Country Club CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 18 of 26 (private), Golf Course, Golf Driving Range, Stealth Telecommunications Tower, Telecommunications Antenna (on structure), Utility Transmission or distribution line, Amusement Indoor, Amusement Outdoor, Drive-in Restaurant or Business, Health or Recreation Club, Lodge or Civic Club, Museum/Cultural Facility, Restaurant, Cafe, Cafeteria, Swimming Pool (commercial), Theater, Drive-in Theater, Movie Theater or Auditorium, Bank, Financial Institution, Business College or Commercial School, Cold Storage Plant or Ice Plant, Convenience Store, Copy Store or Commercial Print Center without off-set printing, Feed Store no processing/milling, Firewood Sales, Home Improvement Store, Large Retail Store, Laundry, Dry Cleaning or Washateria, Liquor or Packaged Store, Mortuary or Funeral Home, Pawn Shop, Saddle or Harness repair or sales, Tattoo Parlor, Auto Parts Supply retail, Gasoline Sales, Parking Area or Garage (commercial or auxiliary), Passenger Station, Accessory use or building, Satellite Antenna (dish), Storage or display outside, Trailer, portable sales construction or storage, Vendor door to door, Vendor Food non- potentially hazardous food, Vendor Transient non-potentially hazardous food and waiver of site plan recommended, Zoning Docket No. ZC-04-258, be continued until November 30, 2004. The motion carried unanimously. ZC-04-261 Council Member Picht made a motion, seconded by Council Approved Member Silcox, 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, and "E-R" Neighborhood Commercial Restricted to "A-5" One-Family Residential (Tract 1); "R-1" Zero Lot Line/Cluster Residential (Tract 2); and "E" Neighborhood Commercial (Tract 3), Zoning Docket No. ZC-04-261, be approved. The motion carried unanimously. ZC-04-262 Council Member Davis made a motion, seconded by Council SP-04-046 Member Stevenson, that the application of Fort Worth South, Inc., Approved for a change in zoning of property located at 1200, 1201, 1207, 1208, 1212 and 1214 South Adams Street from "C-F" Community Facilities to "PD/R-2" Planned Development for Townhouse/Cluster Residential and site plan required, Zoning Docket No. ZC-04-262 and Site Plan No. SP-04-046, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 19 of 26 ZC-04-263 Ms. Rita Vinson, 6216 Dovenshire Terrace, appeared before SP-04-044 Council in support of the zoning change. She stated that the Approved neighborhood's primary consideration was the amount of traffic Rita Vinson that would be generated by this new development. She added that an application for street closure would be submitted in the future to reduce traffic flow. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Donald E. Couch for a change in zoning of property located at 2000 East Loop 820 from "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in the "A-5" One-Family District; plus: a roof pitch of 6:12; side entry garages on all corner lots; 50 percent masonry exterior required on all homes; wood screen fences with steel posts. Trees within 15' of exterior property line will be saved and site plan required, Zoning Docket No. ZC-04-263 and Site Plan No. SP-04-044, be approved. The motion carried unanimously. Council Member Haskin expressed appreciation to Ms. Vinson and to the applicant for preserving many trees in the development. ZC-04-265 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Randy & Sue Weston for a change in zoning of property located at 8100 Anglin Drive from "PD/568" Planned Development to "PD/568/HC" Planned Development/Historic, Cultural for all uses in "E" Neighborhood Commercial plus tea room, restaurant with alcohol sales for on- premise consumption, plant nursery, plant demonstration gardens and area for weddings or receptions with outdoor and indoor storage, Zoning Docket No. ZC-04-265, be approved. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Stevenson, that Zoning Docket Nos. ZC-04-267 through ZC-04-280 be voted by a single motion. The motion carried unanimously. ZC-04-267 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 2904 Grove Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-267, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 20 of 26 ZC-04-268 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 2900 Grove Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-268, be approved. The motion carried unanimously. ZC-04-269 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 2937 Gordon Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-269, be approved. The motion carried unanimously. ZC-04-270 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 2614 La Salle Street from "E-R" Neighborhood Commercial Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-04-270, be approved. The motion carried unanimously. ZC-04-271 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 4513 Wichita Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-271, be approved. The motion carried unanimously. ZC-04-272 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 1901 Avenue C from from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-272, be approved. The motion carried unanimously. ZC-04-273 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 1233 Powell Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-273, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 21 of 26 ZC-04-274 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 1257 Allen Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-274, be approved. The motion carried unanimously. ZC-04-275 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 1003 Baurline Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-275, be approved. The motion carried unanimously. ZC-04-276 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 1203 Allen Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-276, be approved. The motion carried unanimously. ZC-04-277 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 3823 Avenue H from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-277, be approved. The motion carried unanimously. ZC-04-278 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 928 Oleander Street East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-278, be approved. The motion carried unanimously. ZC-04-279 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 1414 Ash Crescent Street from "I" Light Industrial to "A-5" One-Family Residential, Zoning Docket No. ZC-04-279, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 22 of 26 ZC-04-280 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 3617 Avenue G from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-280, be approved. The motion carried unanimously. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Zoning Docket Nos. ZC-04-281 through ZC-04- 284, be voted by a single motion. The motion carried unanimously. ZC-04-281 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 1108 Berry Street from "F" General Commercial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-281, be approved. The motion carried unanimously. ZC-04-282 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 2300 Carter Avenue from "J" Medium Industrial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-282, be approved. The motion carried unanimously. ZC-04-283 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 2309 Bomar Avenue from "J" Medium Industrial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-283, be approved. The motion carried unanimously. ZC-04-284 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 2311 Bomar Avenue from "J" Medium Industrial to "E" Neighborhood Commercial, Zoning Docket No. ZC-04-284, be approved. The motion carried unanimously. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Zoning Docket Nos. ZC-04-286 through ZC-04- 289, be voted by a single motion. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 23 of 26 ZC-04-286 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 831 Harvey Avenue East from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-286, be approved. The motion carried unanimously. ZC-04-287 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 928 Myrtle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-287, be approved. The motion carried unanimously. ZC-04-288 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 1271 Myrtle Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-04-288, be approved. The motion carried unanimously. ZC-04-289 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 1308, 1312, 1400, 1408, 1412, 1420 Carson Street and 6001, 6005, 6009 and 6013 Elliott Reeder Road from "AG" Agricultural to "A-5" One-Family Residential, Zoning Docket No. ZC-04-289, be approved. The motion carried unanimously. ZC-04-118 Council Member Haskin made a motion, seconded by Council Denied Member Davis, that the application of City of Fort Worth for a change in zoning of property located at 1312 Carson Street from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. ZC-04- 118, be denied. The motion carried unanimously. ZC-04-119 Council Member Haskin made a motion, seconded by Council Denied Member Lane, that the application of City of Fort Worth for a change in zoning of property located at 1312 Carson Street from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. ZC-04- 119, be denied. The motion carried unanimously. ZC-04-259 Council Member Haskin made a motion, seconded by Council Denied With Member Davis, that the application of Rodolpho Chavez for a Prejudice change in zoning of property located at 3837 Rusty Dell Road from "A-5" One-Family Residential to "E-R" Neighborhood Commercial Restricted, Zoning Docket No. ZC-04-259, be denied with prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 24 of 26 ZC-04-264 Council Member Lane made a motion, seconded by Council SP-04-045 Member Silcox, that the application of Retasal I, L.P./Charles Set for Special Lasater for a change in zoning of property located in the 7200 Hearing on Block of Blue Mound Road from "A-5" One-Family Residential to December 14, "PD/SU" Planned Development/Specific Use for all uses in "E" 2004 Neighborhood Commercial plus mini warehouse (3.46 acres) and site plan required; "F-R" General Commercial Restricted (1.02 acres), Zoning Docket No. ZC-04-264 and Site Plan No. SP-04-045, be set for a special hearing on December 14, 2004. The motion carried unanimously. ZC-04-235 It appeared that the City Council, at its meeting of October 12, Approved 2004, set today as the special hearing of 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. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, representing the applicant, appeared before Council in support of the zoning change. He asked for the Council's favorable consideration as the City Zoning Commission did not make a recommendation for denial of the zoning change. He added that the applicant was seeking an initial zoning change to this property. Paul Bertanzetti Mr. Paul Bertanzetti, 415 W. Pioneer, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of Christopher Harris, Trustee, Council Member Picht made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-235 be approved. 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 Stevenson, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 25 of 26 ORDINANCE NO. 16204 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. (Council Member Picht stepped away from the dais.) Citizen Ms. Yolanda Eidson, 3015 Ellis Avenue, appeared before Council Presentations relative to the amount of bars and nightclubs on North Main Street, Yolanda Eidson expressed concern with the amount of homeless people in the 100 block of Northeast 30th Street, and requested that the salvage yard at 3605 Commerce be closed and the trees along the back side of the property be cut down. (Council Member Picht returned to his chair at the dais.) Wanda Brown Ms. Wanda F. Brown, 7320 Nantucket Drive, appeared before Council and requested Council's assistance to demolish a substandard structure at 7017 Norma Street. She stated that she and her husband purchased the property June 14, 1999 and were unaware that the house had been in a flood. She added that the house was a Level 3 abatement, was now in foreclosure, and stated that something had to been done to stop previously identified substandard structures from being resold. She further stated that she had tried to receive assistance from her insurance and mortgage companies to no avail, and requested Council assist in the demolition of the structure as they had with the hotel on Lancaster Avenue. Mayor Moncrief asked Ms. Brown to meet with Assistant City Manager Libby Watson to resolve this issue. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 9, 2004 PAGE 26 of 26 Charles Lewis Mr. Charles Lewis, 1417 Savage, appeared before Council relative to a $300.00 citation he received because of where his trash container was located on his property while in use. He stated that he could not find a time limit in the City Code and stated that he never had his trash container in the front of his property unless he was working on the front yard. He added that he had to file an appeal to the citation and requested he be advised of what time limits, if any, had been imposed by the City relative to trash receptacles. City Attorney Yett advised Mr. Lewis that the City could not overrule a court decision. He asked that Mr. Lewis leave his personal contact information and the prosecuting attorney would contact him. (Council Member Wheatfall stepped away from the dais.) The following individuals appeared before Council relative to instituting a moratorium on the clear cutting of trees by developers in the City: Mr. David Radke 308 Williams Road Ms. De De Smith 8000 Lowrey Road Ms. Nedia Dryden 7650 Meadowbrook Drive Mr. Dan Jaegerman 7909 Lowery Road Mayor Moncrief stated that the Council was very cognizant of this process and was working to stop the process. He added that Council anticipated being able to take some action at a later date that would benefit both the City and the developers. He asked for the speakers' indulgence during the review process. Adjournment There being no further business, the meeting was adjourned at 8:40 p.m. These minutes approved by the Fort Worth City Council on the 16th day of November, 2004. Attest: Approved: Marty Hen ix i Moncri City Secretary Mayor