HomeMy WebLinkAbout2004/12/14-Minutes-City Council CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
Date & Time On the 14th day of December, A.D., 2004, the City Council of the
City of Fort Worth, Texas, met in regular session at 7:03 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 Associate Minister Demetrius Warren,
Bethel Salter AME Church.
Pledge The Pledge of Allegiance was recited.
Minutes On motion of Mayor Pro tempore McCloud seconded by Council
Member Stevenson, the minutes of the regular meeting of
December 7, 2004, were approved unanimously.
Special Mayor Pro tempore McCloud introduced the Brass Ensemble from
Presentations Versia L. Williams Elementary School. The ensemble played two
selections for the audience and members of the ensemble were
presented with City pins. Mr. David King, Director of the ensemble
expressed appreciation to the Council for their support and
recognized Mr. Cliff Mayer, Principal of the school.
City Secretary Hendrix stated that the presentation of a
Photograph to Mr. Dain Hancock would be postponed until
December 21, 2004.
Council Member Picht presented a Certificate of Appreciation to
Mr. Pilar Pena for his service on the Buildings Standards
Commission.
Announcements Council Member Silcox expressed appreciation to Council
Members and everyone who attended the City Manager's
Christmas Reception on December 10, 2004. He stated that 145
toys were collected and over $5,000.00 raised to benefit the
Cowboy Santas program. He congratulated City Manager Boswell
for hosting a very successful event.
Council Member Wheatfall expressed appreciation to everyone
who attended the District 5 Summit on December 11, 2004 and to
City staff who attended the summit to provide information on City
services. He also acknowledged the efforts of the committee
chairman and community leaders to arrange the summit.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 2 of 31
Council Member Haskin stated that the League of Neighborhoods
held their Annual Awards Ceremony on December 11, 2004. She
congratulated the Carter-Riverside Neighborhood Association for
receiving the Community Spirit Award and the Garden of Eden
Neighborhood Association for receiving the award for
Neighborhood of the Year.
Mayor Pro tempore McCloud announced that Ms. Flora Brewer was
the recipient of the Second Annual Ben Ann Tomayko Award. He
added that she was a member of the Near Eastside Neighborhood
Association and received the award for all her formation of a
wonderful neighborhood of businesses and residences in a very
difficult area. He also expressed appreciation to everyone who
organized and attended the wonderful Holiday on Evans Avenue
festivities.
Council Member Davis congratulated the South Central Heights
Neighborhood Association on their receipt of the Spirit of
Cooperation Award during the League of Neighborhood's Annual
Awards Ceremony.
Mayor Moncrief stated that Cowboy Santas held another toy
collection effort this morning on the corner of Texas and Cherry
Streets which was also a tremendous success.
Council Member Silcox also announced that Cowboy Santas would
conduct another toy raising effort on the evening of December 17,
2004 in the horseshoe area at Will Rogers Memorial Coliseum.
Withdrawn from There were no items withdrawn from the consent agenda.
Consent Agenda
Continued/ City Manager Boswell requested that Mayor and Council
Withdrawn By Communication Nos. G-14615 be continued until January 4, 2005
Staff and that G-14616 and Zoning Docket No. ZC-04-266 be continued
for one week.
Consent Agenda On motion of Council Member Silcox, seconded by Council
Member Davis, the consent agenda was adopted unanimously.
Presentations by There were no changes presented by the City Council in
City Council memberships in the City's boards and commissions.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 3 of 31
Extend City Secretary Hendrix stated that the ordinance extending the
Moratorium on moratorium on the removal of protected trees equal to or greater
Removal of than six inches in diameter on a parcel of land greater than one
Protected Trees acre without a permit from the City Forester, would be considered
Considered with under Mayor and Council Communication No. G-14617.
M&C G-14617
Committee There were no presentations or communications from boards,
Presentations commissions and/or City Council Committees.
OCS-1455 There was presented Mayor and Council Communication No. OCS-
Claims 1455 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-14462 There was presented Mayor and Council Communication No. G-
Continued for 14462, dated August 17, 2004, from the City Manager
One Week recommending that the City Council to conduct a public hearing
on an appeal of the decision of the Historic and Cultural
Landmarks Commission to deny the application for a Certificate of
Appropriateness for replacement of the slate roof on the building
at 1501 Lipscomb Street. Council Member Davis made a motion,
seconded by Council Member Wheatfall, that Mayor and Council
Communication No. G-14462 be continued to the December 21,
2004 Council Meeting. The motion carried unanimously.
G-14606 There was presented Mayor and Council Communication No. G-
Ord. #16228 14606 from the City Manager recommending that the City Council
Adopt Civil adopt Ordinance No. 16228 adjusting the total number of
Service Staffing authorized civil service positions in the Police Department;
increasing authorized positions by one; providing a statement of
purpose and intent for the adoption and implementation of this
ordinance. It was the consensus of the City Council that the
recommendation be adopted.
(Council Member Picht stepped away from the dais.)
G-14607 There was presented Mayor and Council Communication No. G-
Tax Exemption 14607 from the City Manager recommending that the City Council
for Ability approve the Ability Resources Incorporated request for exemption
Resources from municipal property tax in the amount of 50 percent on a
Incorporated for vacant property located at 7822 and 7841 Albert Avenue (Bankhead
a Multi-Family Estates Addition, Block 4, Lots 20 and 21B) to be developed for a
Development multi-family development; and authorize the use of the approved
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 4 of 31
M&C as notice to the Tarrant Appraisal District and other taxing
entities in Tarrant County of the City Council's decision. Mayor
Pro tempore McCloud 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, Wheatfall, Stevenson,
and Davis
NOES: Council Members Silcox and Haskin
ABSENT: Council Member Picht
G-14608 There was presented Mayor and Council Communication No. G-
Tax Exemption 14608 from the City Manager recommending that the City Council
for Polytechnic approve Polytechnic Community Development Corporation's
Community request for exemption from municipal property tax in the amount
Development of 50 percent on a vacant property located at 2701 and 2725 Vogt
Corporation for (Lots 1 and 7, Block D, Sunshine Hill Addition) and developed
Single-Family property located at 3617 Ave M (Lot 16, Block 104, Polytechnic
Homeownership Heights Addition) to be developed for single-family
homeownership; and authorize the use of the approved M&C as
notice to the Tarrant Appraisal District and other taxing entities in
Tarrant County of the City Council's decision. Mayor Pro tempore
McCloud made a motion, seconded by Council Member Stevenson,
that the recommendation be adopted. The motion carried by the
following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Wheatfall,
Stevenson, and Davis
NOES: Council Member Silcox
ABSENT: Council Member Picht
G-14609 There was presented Mayor and Council Communication No. G-
Tax Exemption 14609 from the City Manager recommending that the City Council
for United approve United Riverside Rebuilding Corporation's request for
Riverside exemption from municipal property tax in the amount of 50 percent
Rebuilding on a vacant property located at the ten properties identified below,
Corporation for to be purchased and developed for single-family homeownership;
Single-Family and authorize the use of the M&C as notice to the Tarrant
Homeownership Appraisal District and other taxing entities in Tarrant County of the
City Council's decision.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 5 of 31
Situs Lot Block Addition
2912 E. 4th St. 12 32 Riverside Addition-FTW
2616 E. 1St St. 5 1 Riverside Addition-FTW
2612 Chenault W59, 1/2' Lot 12 28 Riverside Addition-FTW
2613 Chenault 12R 1 Riverside Addition-FTW
2615 Ennis 7R1 84 Riverside Addition-FTW
2614 La Salle 5 2 Martindale
2700 La Salle 9 2 Martindale
2712 La Salle 12 2 Martindale
3009 E. 12th 3 Lincoln Place
1209 E. Robert 30 17 Ryan Southeast
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Stevenson, that the recommendation be adopted. The
motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Wheatfall,
Stevenson, and Davis
NOES: Council Members Silcox
ABSENT: Council Member Picht
G-14610 There was presented Mayor and Council Communication No. G- 14610
Ord. #16229 from the City Manager recommending that the City Council adopt
Res. #3149 Supplemental Appropriation Ordinance No. 16229 increasing
Employment of estimated receipts and appropriations in the General Fund in the
Outside Legal amount of $100,000.00 and decreasing the unreserved, undesignated
Counsel for General Fund balance by the same amount, for the purpose of paying
Assistance in Kelly, Hart, and Hallman, P.C., for services rendered as outside legal
Negotiation and counsel for assistance in the negotiation and production of
Production of documents with Omni Hotels Corporation related to the construction,
Documents with development and operation of a Convention Center headquarters
Omni Hotels hotel; authorize the City Manager to retain the law firm of Kelly, Hart,
Corporation and Hallman, P.C., (Kelly, Hart), as outside counsel, pursuant to
Chapter VI, Section 3 of the City Charter, to assist the City Attorney in
the negotiation and production of documents with Omni Hotels
Corporation related to the construction, development and operation of
a Convention Center headquarters hotel; adopt Resolution No. 3149
authorizing the employment of outside legal counsel for assistance in
the negotiation and production of documents with Omni Hotels
Corporation related to the construction, development and operation of
a Convention Center headquarters hotel; and authorize the City
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 6 of 31
Manager to execute a related Professional Services Agreement with
Kelly, Hart, if required. Council Member Davis made a motion,
seconded by Council Member Wheatfall, that the recommendation be
adopted. The motion carried unanimously.
G-14611 There was presented Mayor and Council Communication No. G- 14611
Ord. #16230 from the City Manager recommending that the City Council approve
Settlement of the proposed settlement of all claims involved in the City of Fort
Lawsuit Styled Worth's lawsuit and Fort Worth and Western Railroad's appeal,
City of Fort including payment in the amount of $1,000,000.00 payable to the Fort
Worth v. Worth and Western Railroad Company; authorize the appropriate City
Western representative to execute the documents necessary to complete the
Railroad settlement; adopt Supplemental Appropriation Ordinance No. 16230
Company, Fort increasing estimated receipts and appropriations in the Property and
Worth Casualty Insurance Fund in the amount of $1,000,000.00 and
Independent decreasing the unreserved, designated fund balance by the same
School, and amount, for the purpose of funding a proposed settlement of claims in
Tarrant County, lawsuits Cause No. 2003-016214-3 in the County Court of Law Number
Cause #2003- 3, Tarrant County, Texas and Appeal Number 04-10433 in the Fifth
016214-3 Circuit Court of Appeals; and authorize the City Manager to execute an
agreement with 507#1, L.P., related to funding for necessary
signalization, quiet zones and maintenance of crossings at Museum
Way and West Seventh Street.
City Attorney Yett stated that paragraph 4 of the Recommendation
section of the M&C needed to be amended to change "507#1, L.P."
to "S07#1, L.P.".
Council Member Davis made a motion, seconded by Council
Member Silcox, that the recommendation be adopted as amended.
The motion carried unanimously.
G-14612 There was presented Mayor and Council Communication No. G-
Res. #3150 14612 from the City Manager recommending that the City Council
Texas approve Resolution No. 3150 to rescind approval of Texas
Transportation Transportation Commission Minute Order No. 106903, dated July
Commission 31, 1996, providing for the construction of West Vickery Boulevard
Minute Order No. from Henderson Street to Business 287P (Main Street); authorize
106903 for the sale of property that was intended as right-of-way for the
Realignment and
Reconstruction of realigned street; approve payment of up to $670,000.00 to the
West Vickery Texas Department of Transportation (TxDOT) for reimbursement of
Boulevard from design expenses for the West Vickery project; and designate the
Henderson Street balance of funds from the sale of the right-of-way (after
to Business 287P reimbursement to TxDOT and in combination with surpluses that
(Main Street) might become available from other projects) to be available for the
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 7 of 31
construction of a connection from the intersection of the IH-30
ramps with Henderson Street easterly to South Adams Street and,
subject to the availability of funds, the improvement of South
Adams from the connection to Vickery.
Raymond Mr. Raymond Darrow, 300 College Avenue, appeared before
Darrow Council in opposition of this issue. He stated that he had
purchased property on Vickery based on the City's realignment
forecast. He added that if the original plans were abandoned he
would loose a lot of money invested in his property.
Mr. Robert Goode, Transportation and Public Works Department
Director, stated that the original project estimate at $3.6 million,
with the City's share at $1.8 million, did not include other factors or
costs for inflation. The project was now at $10.2 million with the
City facing a $4 million shortfall. He added that the roadway would
be designed differently by current standards.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Silcox, that the recommendation be adopted. The motion
carried unanimously.
G-14613 There was presented Mayor and Council Communication No. G-
Res. #3151 14613 from the City Manager recommending that the City Council
Authorize City authorize the City Attorney to file a lawsuit pursuant to Chapter 54
Attorney to File of the Texas Local Government Code against Alfredo Alvarado, the
a Lawsuit owner of the property located at 125 Cromwell Street, Fort Worth,
against Alfredo Texas; and adopt Resolution No. 3151 authorizing the City
Alvarado Attorney to file a lawsuit against Alfredo Alvarado pursuant to
Pursuant to Chapter 54 of the Texas Local Government Code. Mayor Pro
Chapter 54 tempore McCloud made a motion, seconded by Council Member
Silcox, that the recommendation be adopted. The motion carried
unanimously.
G-14614 There was presented Mayor and Council Communication No. G-
Ord. #16231 14614 from the City Manager recommending that the City Council
Revise Exterior adopt Ordinance No. 16231 amending Section 7 of Ordinance No.
Boundaries of 7323, as amended, by revising the exterior boundary of City
Council District Council Single-Member District 7 to incorporate territory annexed
7 to Reflect by the City of Fort Worth for full purposes; revising the interior
Annexations boundary of City Council Single-Member District 3 to reflect the
annexation of approximately 277.33 acres known as the Edwards
Geren limited property for limited purpose. 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
DECEMBER 14, 2004
PAGE 8 of 31
G-14615 It was the consensus of the City Council that Mayor and Council
Continued Until Communication No. G-14615, Request for Variance from Section 4-
January 4, 2005 4 of the City Code to Allow Sale of Alcoholic Beverages at 4800
Wichita Street, be continued until January 4, 2005.
G-14616 It was the consensus of the City Council that Mayor and Council
Continued for Communication No. G-14616, Public Hearing and Ordinance
One Week Reducing the Boundary of Tax Increment Reinvestment Zone
Number Three, City of Fort Worth, Texas (Downtown TIF), be
continued for one week.
G-14617 There was presented Mayor and Council Communication No. G-
Ord. #16232 14617 from the City Manager recommending that the City Council
Extend adopt Ordinance No. 16232 extending the moratorium on the
Moratorium on removal of protected trees equal to or greater than six inches in
Removal of diameter on a parcel of land greater than one acre without a permit
Protected Trees from the City Forester to January 28, 2005.
Mayor Moncrief recognized the following individuals who were in
support of the moratorium but did not wish to address Council:
Ms. Charlene Lawrence 7301 Ellis Road
Ms. Janet H. Moore 7505 Laurie
Ms. Nedia Dryden 7650 Meadowbrook Drive
Ms. Alyce Boyd 7248 Ellis Road
Mr. Harvey Roberts 1651 Watson Road
Mrs. Deanne Gibson 1833 Christy Court
Ms. Paula Norman 7609 Springcreek Court
Council Member Davis made a motion, seconded by Council
Member Wheatfall, that the recommendation be adopted. The
motion carried unanimously.
(Council Member Picht returned to his chair at the dais.)
G-14618 There was presented Mayor and Council Communication No. G-
Approve 14618 from the City Manager recommending that the City Council
Enhanced authorize the City Manager to execute an Enhanced Community
Community Facilities Agreement in the amount not to exceed $2,778,950.00
Facilities with Sierra Vista L.P., (the developer) for the construction of water,
Agreement with sewer, streets and storm drain to serve a 232 lot addition to the
Sierra Vista L.P. City of Fort Worth, located off the intersection of Riverside Drive
and Berry Street and surrounding area in the Sierra Vista
subdivision and to approve fee waivers under the Neighborhood
Empowerment Zone Program.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 9 of 31
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Silcox, that the recommendation be adopted.
The following individuals appeared before Council in support of
the Community Facilities Agreement:
Glenn Forbes, Mr. Glenn S. Forbes 1150 South Freeway
Carl Pointer Reverend Carl Pointer 2532 Timberline Drive
Council Member Wheatfall expressed appreciation to Mr. Forbes
and Reverend Pointer for their presentations and also for their
hard work on this project. He made a substitute motion that the
Minority/Women Business Enterprise commitment be increased to
40 percent. The motion failed for lack of a second.
Council Member Davis requested that the developers meet with
City representatives and members of the various Chambers of
Commerce to discuss this project.
The original motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin, Picht,
Stevenson, and Davis
NOES: Council Member Wheatfall
ABSENT: None
G-14619 There was presented Mayor and Council Communication No. G-
Res. #3152 14619 from the City Manager recommending that the City Council
Authorize City authorize the City Attorney to file a nuisance abatement lawsuit
Attorney to File pursuant to Chapter 125 of the Texas Practice and Remedies Code
a Nuisance against Marie Barragan, the owner of 1406 East Arlington Avenue.
Abatement 1406 East Arlington Avenue is an alleged common nuisance under
Lawsuit against the law since it is habitually used for criminal activity as defined in
Marie Barragan, Chapter 125 of the Texas Civil Practice and Remedies Code. This
Owner of 1406 is evidenced by the criminal violations and the final convictions
East Arlington that have occurred on the subject property; and adopt Resolution
Avenue No. 3152 authorizing the City Attorney to file a lawsuit to abate the
common nuisance at 1406 East Arlington Avenue. Mayor Pro
tempore McCloud made a motion, seconded by Council Member
Lane, that the recommendation be adopted. The motion carried
unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 10 of 31
P-10051 There was presented Mayor and Council Communication No. P-
Electrical Utility 10051 from the City Manager recommending that the City Council
Parts authorize a purchase agreement for electrical utility parts with
Priester Supply Company, TEC VS&S, and Techline, Inc., for the
Transportation and Public Works Department; and authorize this
agreement to begin December 15, 2004 and expire December 14,
2005, with options to renew for two additional one-year periods. It
was the consensus of the City Council that the recommendation be
adopted.
P-10052 There was presented Mayor and Council Communication No. P-
Traffic Signal 10052 from the City Manager recommending that the City Council
Poles and Arms authorize a purchase agreement for traffic signal poles and arms
for the Transportation and Public Works Department from
Structural & Steel Products based on sole bid received with freight
included in unit prices and payment due 30 days after receipt of
invoice; and authorize this agreement to begin December 14, 2004,
and expire December 13, 2005, with options to renew for two
additional one-year periods. It was the consensus of the City
Council that the recommendation be adopted.
P-10053 There was presented Mayor and Council Communication No. P-
Equipment 10053 from the City Manager recommending that the City Council
Lease and authorize purchase agreements for equipment lease and rentals
Rentals with multiple vendors for the City of Fort Worth based upon the
"best value" non-exclusive award to all vendors, with payment due
30 days from date the invoice is received; authorize this agreement
to begin December 18, 2004, and expire on December 17, 2005,
with options to renew for four 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-10054 There was presented Mayor and Council Communication No. P-
Police Patrol 10054 from the City Manager recommending that the City Council
and Code authorize the purchase of police patrol and code enforcement
Enforcement vehicles from multiple cooperative purchasing programs for the
Vehicles City of Fort Worth for a cost not to exceed $2,463,273.85 with
payment due within 30 days of the date the invoice and freight
included in the unit price. It was the consensus of the City Council
that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 11 of 31
P-10055 There was presented Mayor and Council Communication No. P-
Ord. #16233 10055 from the City Manager recommending that the City Council
Emergency authorize the City Manager to transfer $53,564.45 from the
Services Environmental Management Operating fund to the Environmental
Management Project Fund; adopt Appropriation Ordinance No.
16233 increasing estimated receipts and appropriations in the
Environmental Management Project Fund in the amount of
$53,564.45 from available funds, for the purpose of funding
emergency services from Eagle Construction and Environmental
Services, L.P., for soil cleanup and removal of underground
storage tanks at Monroe and Lancaster; and authorize the City
Manager to pay Eagle Construction & Environmental Services,
L.P., $53,564.45 for soil cleanup and removal of underground
storage tanks at Monroe and Lancaster. It was the consensus of
the City Council that the recommendation be adopted.
P-10056 There was presented Mayor and Council Communication No. P-
Cancel Purchase 10056 from the City Manager recommending that the City Council
Agreement for rescind the award of contract for renovation of seating from Cy
Renovation of Young Industries for the Will Rogers Memorial Center Coliseum;
Seating authorize the City Manager to cancel the purchase agreement with
Cy Young Industries; and award a new contract to Texas
Procurement Center for the total of $162,804.59 for renovation of
seating for the Will Rogers Memorial Center Coliseum. Council
Member Lane made a motion, seconded by Council Member
Stevenson, that the recommendation be adopted. The motion
carried unanimously.
L-13981 There was presented Mayor and Council Communication No. L-13981
Permanent from the City Manager recommending that the City Council approve
Waterline the acquisition of one permanent waterline easement (PWE),
Easement described as part of J. Walker Survey, Abstract 1603,Tract 1F05,
Tarrant County, Texas, from Don and Paula Hamilton, which will
modify the current PWE on the property to include five above ground
appurtenances required for the construction of a 48-inch water
transmission main near Blue Mound Road, Haslet, Texas (DOE 1958),
for an additional cost of $7,680.00. It was the consensus of the City
Council that the recommendation be adopted.
L-13982 There was presented Mayor and Council Communication No. L-13982
Pipeline from the City Manager recommending that the City Council authorize
Crossing the City Manager to enter into a pipeline crossing agreement with
Agreement Union Pacific Railroad Company for a 12-inch water pipeline in Keller,
for a one-time cost of $1,500.00. It was the consensus of the City
Council that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 12 of 31
L-13983 There was presented Mayor and Council Communication No. L-
Temporary 13983 from the City Manager recommending that the City Council
Turnaround approve the acceptance of one temporary turnaround easement
Easement described as A-638, J. Hibbins Survey, Tarrant County, Texas, from
Railhead Industrial Park Investors, L.P., for property located in
north Fort Worth (DOE 4350), necessary for future development
and paved improvements of North Railhead Road and is located
north of Loop 820 and east of Saginaw Blvd., for a total cost of
$1.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13984 There was presented Mayor and Council Communication No. L-
Acquisition of 13984 from the City Manager recommending that the City Council
Land Located on authorize the acquisition of one 0.141 acre tract of land in the
Northeast Side Abner Lee Survey, Abstract No. 931, City of Fort Worth, which is
of Spinks located on the northeast side of Spinks Airport for eastside
Airport for drainage improvements, at no cost to the City; and authorize the
Eastside acceptance and recording of appropriate instruments. It was the
Drainage consensus of the City Council that the recommendation be
Improvements adopted.
Project
L-13985 There was presented Mayor and Council Communication No. L-
Dedication of 13985 from the City Manager recommending that the City Council
Parkland and accept the dedication of 6.997 acres of parkland and facility
Facility improvements from Crawford Partners No. 2, Ltd., for Crawford
Improvements Farms Subdivision, in accordance with the Neighborhood and
from Crawford Community Park Dedication Policy. Council Member Lane made a
Partners #2, Ltd. motion, seconded by Council Member Wheatfall, that the
recommendation be adopted. The motion carried unanimously.
PZ-2565 City Secretary Hendrix stated that Mayor and Council
Considered with Communication No. PZ-2565, institution and approval of the
ZC-04-344 annexation of approximately 40.98 acres of land in Tarrant County,
located directly north of where North Riverside Drive meets Keller
Hicks Road (AX-04-011, Villages of Woodland Springs), would be
moved to be heard prior to Zoning Docket No. ZC-04-344, its
associated zoning case.
PZ-2566 There was presented Mayor and Council Communication No. PZ-
Ord. #16234 2566 from the City Manager recommending that the City Council
Vacate Portion of adopt Ordinance No. 16234 vacating and extinguishing a portion of
Ferris Street, Ferris Street between Lot 1, Block 14 and Lot 8, Block 15 of the
Containing Candon Texas Tarrant County Addition to the City of Fort Worth,
Approximately Tarrant County, Texas and being approximately 136 feet long and
8,256 Square Feet
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 13 of 31
59 feet wide and containing 8,256 square feet, more or less;
providing for the reversion of fee in said land; and the retainment
of existing utility easements. Council Member Haskin made a
motion, seconded by Council Member Lane, that the
recommendation be adopted. The motion carried unanimously.
(Council Member Wheatfall stepped away from the dais.)
C-20428 There was presented Mayor and Council Communication No. C-
Ord. #16235 20428, dated December 7, 2004, from the City Manager
Independent recommending that the City Council adopt Supplemental
Environmental Appropriation Ordinance No. 16235 increasing appropriations in the
Services of Solid Waste Fund in the amount of $420,000.00 and decreasing
Texas, Inc. unreserved retained earnings by the same amount, for the purpose of
funding an award of contract to Independent Environmental Services
of Texas, Inc., for collection services of out-of-cycle, contaminated,
and excess waste piles; and approve the execution of a contract with
Independent Environmental Services of Texas, Inc., to provide
supplemental brush and bulky collection services from the date the
contract is signed through March 31, 2013, for a total cost not to
exceed $420,000.00 per year. Council Member Davis made a motion,
seconded by Council Member Stevenson, that the recommendation
be adopted. The motion carried unanimously.
C-20438 There was presented Mayor and Council Communication No. C-
Stream Water 20438 from the City Manager recommending that the City Council
Group, Inc. authorize the City Manager to execute an engineering agreement
with Stream Water Group, Inc., in the amount of $71,162.00 for a
Miscellaneous Drainage Improvements project for Glen Garden
Drive, Farnsworth Avenue, Helmick Avenue, Truman Drive, Loving
Avenue and Williams Road. It was the consensus of the City
Council that the recommendation be adopted.
C-20439 There was presented Mayor and Council Communication No. C-
Ord. #16236 20439 from the City Manager recommending that the City Council
Cleburne Utility authorize the transfer of $1,440,020.00 from the Water and Sewer
Construction, Fund to the Sewer Capital Projects Fund; adopt Appropriation
Inc. Ordinance No. 16236 increasing estimated receipts and
appropriations in the Sewer Capital Project Fund in the amount of
$1,440,020.00 from available funds for the purpose of funding an
award of contract to Cleburne Utility Construction, Inc., for
Sanitary Sewer Main Extensions, Replacements and Relocations
Contract 20048. It was the consensus of the City Council that the
recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 14 of 31
C-20440 There was presented Mayor and Council Communication No. C-20440
Ord. #16237 from the City Manager recommending that the City Council authorize
Cleburne Utility the transfer of $1,196,225.00 from the Water and Sewer Fund to the
Construction, Water Capital Projects Fund; adopt Appropriation Ordinance No.
Inc. 16237 increasing the estimated receipts and appropriations in the
Water Capital Project Fund in the amount of $1,196,225.00 from
available funds for the purpose of funding a contract with Cleburne
Utility Construction, Inc., for Water Main Extensions, Replacements
and Relocations Contract 200413; and authorize the City Manager to
execute a contract with Cleburne Utility Construction, Inc., in the
amount of $1,037,305.00 for Water Main Extensions, Replacements &
Relocations Contract 20048. It was the consensus of the City
Council that the recommendation be adopted.
C-20441 There was presented Mayor and Council Communication No. C-20441
Fort Worth from the City Manager recommending that the City Council authorize
Independent the City Manager to execute a renewal of the Interlocal Agreement
School District with the Fort Worth Independent School District (FWISD) for the City
to provide an Attendance Court to adjudicate FWISD truancy cases;
and authorize the City Manager to accept reimbursement from the
FWISD in the amount of$604,507.00 for all personnel and other costs
associated with operation of the above-mentioned Attendance Court
in FY 2004-2005. It was the consensus of the City Council that the
recommendation be adopted.
C-20442 There was presented Mayor and Council Communication No. C-20442
Ord. #16238 from the City Manager recommending that the City Council adopt
Ord. #16239 Appropriation Ordinance No. 16238 increasing estimated receipts
Second and appropriations in the Capital Projects Reserve Fund in the
Amendment to amount of $179,930.00 from available funds for the purpose of
CSC #30187, transferring funds to the Specialty Funded Capital Projects Fund;
Freese and authorize the transfer of $179,930.00 from the Capital Projects
Nichols, Inc. Reserve Fund to the Specially Funded Capital Projects Fund; adopt
Appropriation Ordinance No. 16239 increasing estimated receipts
and appropriations in the Specially Funded Capital Projects Fund in
the amount of $179,930.00 from available funds for the purpose of
funding a second amendment to City Secretary Contract No. 30187
with Freese and Nichols, Inc., for an operational assessment and
alternative evaluation for the active pool of the Fort Worth Water
Gardens; and authorize the City Manager to execute an amendment
to City Secretary Contract No. 30187 with Freese and Nichols, Inc.,
not to exceed $179,930.00 for additional services to evaluate and plan
the replacement and enhancement of the lighting and electrical
systems and plumbing facilities related to pump room #2. It was the
consensus of the City Council that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 15 of 31
C-20443 There was presented Mayor and Council Communication No. C-
Mint Creek, Ltd. 20443 from the City Manager recommending that the City Council
authorize the City Manager to execute a community facilities
agreement with Mint Creek, Ltd., for the installation of community
facilities for Liberty Crossing, Phase I located on FM 156. Council
Member Stevenson made a motion, seconded by Council Member
Davis, that the recommendation be adopted. The motion carried
unanimously.
C-20444 There was presented Mayor and Council Communication No. C-
Rainbow Ridge 20444 from the City Manager recommending that the City Council
Development, authorize the City Manager to execute a community facilities
L.P. agreement with Rainbow Ridge Development, L.P., for the
installation of community facilities for Rainbow Ridge Addition.
Council Member Picht made a motion, seconded by Council
Member Lane, that the recommendation be adopted. The motion
carried unanimously.
C-20445 There was presented Mayor and Council Communication No. C-
Wal-Mart Stores 20445 from the City Manager recommending that the City Council
East, Inc. authorize the City Manager to execute a community facilities
agreement with Wal-Mart Stores East, Inc., for the installation of
community facilities for Lots 1-4, Block 1, Wal-Mart Addition located
on North Beach and North Tarrant Parkway. Council Member Lane
made a motion, seconded by Council Member Haskin, that the
recommendation be adopted. The motion carried unanimously.
ZC-04-044 It appeared that the City Council, at its meeting of September 14,
Denied Without 2004, continued the hearing of the application of Mountain Way
Prejudice Group, LLC., for a change in zoning of property located in the 9800
block of West Freeway; from "PD-387' Planned Development for all
uses in "FR" General Commercial Restricted to "A-5" One-Family,
and letter of withdrawal, Zoning Docket No. ZC-04-044. Mayor
Moncrief opened the public hearing and asked if there was anyone
present desiring to be heard.
Mr. Bob Riley, Development Department Director, stated that a
letter of withdrawal had been received from the applicant.
There being no one present desiring to be heard in connection
with the application of Mountain Way Group, LLC., Council
Member Silcox made a motion, seconded by Council Member
Stevenson, that the Zoning Hearing be closed and that Zoning
Docket No. ZC-04-044 be denied without prejudice. The motion
carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 16 of 31
Regular Zoning It appeared to the City Council that Resolution No. 3142 was
Hearing adopted on November 16, 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
November 19, 2004. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
ZC-04-138 Council Member Lane made a motion, seconded by Council
Approved Member Silcox, that the application of American Diversified
Properties, Inc., for a change in zoning of property located in the
northwest corner of North Tarrant Parkway and Highway 377 from
"I" Light Industrial to "A-5" One-Family Residential (56.42); "R-1"
Zero Lot Line/Cluster Residential (60.99 acres); and "E"
Neighborhood Commercial (34.48 acres), Zoning Docket No. ZC-04-
138, be approved. The motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Picht,
Stevenson, and Davis
NOES: Council Member Haskin
ABSENT: Council Member Wheatfall
(Council Member Picht stepped away from the dais.)
ZC-04-196 Mayor Pro tempore McCloud made a motion, seconded by Council
SP-04-048 Member Silcox, that the application of Shellie Scott for a change in
Approved zoning of property located at 3425 Mansfield Highway from "E"
Neighborhood Commercial and "R-1" Zero Lot Line/Cluster
Residential to "PD/SU-E" Planned Development/Specific Use for all
Uses in "E" Neighborhood Commercial plus car wash and site plan
required, Zoning Docket No. ZC-04-196 and Site Plan No. SP-04-
048, be approved.
(Council Member Wheatfall returned to his chair at the dais.)
H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406,
Hopkins representing the applicant, appeared before Council in support of
the zoning change. He stated that his client would agree to the
exclusion of a package store at this location, but would like to
retain the allowance of alcohol sales for on-premise consumption
with food service.
The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 17 of 31
ZC-04-236 Council Member Stevenson made a motion, seconded by Council
SP-04-049 Member Davis, that the application of I Know Investments, Inc., for
Approved a change in zoning of property located at 4441 Bryant Irvin Road
from "ER" Neighborhood Commercial Restricted to "PD/SU"
Planned Development/Specific Use for the following uses in "ER"
Neighborhood Commercial Restricted: without limitation on the
gross floor area of a business; Day Care Center (child or adult);
Kindergarten; Government Office Facility; Care Facility;
Community Recreation Center (private or non-profit); Museum/
Cultural Facility; Bank, Financial Institution; Antique Shop;
Appliance Sales (supply or repair); Bakery; Business College or
Commercial School; Caterer; Clothing/Wearing Apparel Sales (new
or used); Copy Store or Commercial Print Center without Offset
Printing; Dressmaking, Custom Millinery Shop; Furniture Sales,
New (Office and Residential) in a building; General Merchandise
Store; Grocery Store; Meat Market; Home Improvement Store;
Interior Decorating; Laundry, Dry Cleaning or Washateria; Leather
Goods Shop; Locksmith; Optician; Retail Sales (general); Tailor,
Clothing or Apparel Shop. The following uses are prohibited: The
sale or commercial consumption of alcoholic beverages is
prohibited; Commercial Parking Lots, or Commercial Garages are
prohibited; buildings shall not exceed 20 feet in height and site
plan required, Zoning Docket No. ZC-04-236 and Site Plan No. SP-
04-049, be approved. The motion carried unanimously.
(Council Member Picht returned to his chair at the dais.)
ZC-04-257 Council Member Picht made a motion, seconded by Council
Approved Member Davis, that the application of the Cardon Group, LLC., for
a change in zoning of property located in the southeast corner of
West Risinger Road and McCart Avenue from "R-2" Townhouse/
Cluster Residential, "A-R" One-Family Restricted Residential, "C"
Medium Density Multi-Family Residential, "F-R" General
Commercial Restricted and "G" Intensive Commercial to "A-5"
One-Family Residential (Tracts 1 & 7); "R-2" Townhouse/Cluster
Residential (Tracts 6 & 8); "C" Medium Density Multi-Family
Residential (Tract 5); "G" Intensive Commercial (Tracts 2 & 3);
"PD/SU" Planned Development/Specific use for all uses in "G"
Intensive Commercial; excluding: Sexually Oriented Business,
Tattoo Parlor, Pawn Shops, R-V Storage Parks, Height Limitation of
4 Stories and waiver of site plan requested, Zoning Docket No. ZC-
04-257, be approved.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 18 of 31
H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406,
Hopkins representing the applicant, appeared before Council in support of
the zoning change. He requested that Tract #3, a 25.3-acre parcel
of land, be removed from consideration. He added that only Tract
#4 would be zoned "G" Intensive Commercial with restrictions, and
a 1,450 square foot lot minimum.
The motion carried unanimously.
ZC-04-266 It was the consensus of the City Council that Zoning Docket No.
Continued for ZC-04-266, application of Farmers and Mechanics, L.P., for a
One Week change in zoning of property located at 714 Main Street from
"H/HC" Central Business District/Historic Cultural to "H/HSE"
Central Business District/Highly Significant, Endangered, be
continued for one week.
ZC-04-293 Council Member Stevenson made a motion, seconded by Council
Approved Member Silcox, that the application of Estates of Eagle Mountain
for a change in zoning of property located in the Northwest corner
of Boaz Road and Bowman Roberts Road from "E" Neighborhood
Commercial, "A-R" One-Family Restricted Residential and "C-R"
Low Density Multi-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-293, be approved. The
motion carried unanimously.
ZC-04-295 Mayor Pro tempore McCloud made a motion, seconded by Council
SP-04-047 Member Lane, that the application of Forest Hill Acquisition Corp.,
Returned to City for a change in zoning of property located in the 8300 Block of
Zoning Forest Hill Drive from "PD-33" Planned Development, "A-5" One-
Commission Family Residential, and "R-1" Zero Lot Line/Cluster Residential to
"PD/SU-AR" Planned Development/Specific Use for One-Family
Restricted, 40 foot Lots with 5 foot side yards and site plan
required, Zoning Docket No. ZC-04-295 and SP-04-047, be
approved.
Council Member Haskin noted that the lots sizes of this
development were substantially smaller from other developments
and suggested the case be returned to the City Zoning
Commission for reconsideration. She added the lot sizes were not
compatible to Fort Worth standards.
Council Member Davis concurred with Council Member Haskin and
stated this was an example of urban sprawling to sparsely
populated areas on the fringes of the City. She made a substitute
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 19 of 31
motion, seconded by Council Member Haskin, that Zoning Docket
No. ZC-04-295 and Site Plan No. SP-04-047 be returned to the City
Zoning Commission for reconsideration and that City Zoning
Commission members review City staff's presentation relative to
urban sprawling provided to the City Council at the Workshop on
Growth and Development Issues yesterday. The motion carried by
the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Picht,
Stevenson, and Davis
NOES: Council Members Silcox and Wheatfall
ABSENT: None
ZC-04-296 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406,
Continued Until representing the applicant, appeared before Council in support of
February 8, 2005 the zoning change. He provided a summary of the zoning change
and stated that no one spoke in opposition to this case at the City
Zoning Commission meeting. He added that the application was
consistent and compatible with the City's Land Use Plan.
(Mayor Pro tempore McCloud stepped away from the dais.)
Lesli Goodin Ms. Lesli Goodin, 10633 Holly Grove Drive, appeared before Council
in opposition of the zoning change. She stated that her community
did not need smaller lots with smaller homes as it was not
consistent with the community. She requested it remain the current
zoning of"Community Facilities" with a park built on the site.
(Mayor Pro tempore McCloud returned to his chair at the dais.)
Mr. Hopkins provided rebuttal stating that his client stated that this
property would be developed. He added that he was not opposed
to meeting with the neighborhood to discuss the development and
asked for a 60-day delay to allow him to address concerns of the
community.
(Mayor Pro tempore McCloud stepped away from the dais.)
Council Member Stevenson made a motion, seconded by Council
Member Wheatfall, that the application of Chapel Springs Joint
Venture for a change in zoning of property located at 600 Deauville
Drive from "CF" Community Facilities to "A-R" One-Family
Restricted Residential, Zoning Docket No. ZC-04-296, be continued
until February 8, 2005. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 20 of 31
ZC-04-297 Council Member Stevenson made a motion, seconded by Council
Approved Member Silcox, that the application of Dusenberry Enterprises for
a change in zoning of property located at 516 Isbell Road from "E"
Neighborhood Commercial to "A-5" One-Family Residential,
Zoning Docket No. ZC-04-297, be approved.
(Mayor Pro tempore McCloud returned to his chair at the dais.)
The motion carried unanimously.
ZC-04-298 Mr. Bob Riley, Development Department Director, stated that a
Returned to City memo had been provided to the Council requesting this zoning
Zoning case be returned to the City Zoning Commission for rehearing.
Commission
Council Member Lane made a motion, seconded by Council
Member Wheatfall, that the application of Bill J. Markham for a
change in zoning of property located at 3613 Thompson Road from
"PD-427" Planned Development to "I" Light Industrial, Zoning
Docket No. ZC-04-298, be returned to the City Zoning Commission
for rehearing. The motion carried unanimously.
ZC-04-299 Council Member Lane made a motion, seconded by Council
SP-04-050 Member Wheatfall, that the application of Mike Middleton & Steven
Approved Helling for a change in zoning of property located at 2501, 2503
Bruce Street from "E-R" Neighborhood Commercial Restricted to
"PD/SU" Planned Development/Specific Use for Truck Display Lot
and site plan required, Zoning Docket No. ZC-04-299 and Site Plan
No. SP-04-050, be approved. The motion carried unanimously.
ZC-04-300 Council Member Lane made a motion, seconded by Council
SP-04-051 Member Wheatfall, that the application of Smith's Southeast
Approved Investments, LP, for a change in zoning of property located in the
6800 Block of Blue Mound Road from "E" Neighborhood
Commercial to "PD/SU" Planned Development/Specific Use for all
Uses in "E" Neighborhood Commercial plus mini warehouses and
site plan required, Zoning Docket No. ZC-04-300 and Site Plan No.
SP-04-051, 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
DECEMBER 14, 2004
PAGE 21 of 31
ZC-04-301 Mayor Pro tempore McCloud made a motion, seconded by Council
Approved Member Silcox, that the application of FWTG Holdings & FWSE
Residential Group for a change in zoning of property located in the
1300 Block of Glen Garden Drive from "PD-307' Planned
Development to "PD/SU" Planned Development/Specific Use for
One-Family Restricted Residential with minimum 4,000 square foot
lots and 5 foot side yards and site plan required, Zoning Docket
No. ZC-04-301, be approved. The motion carried unanimously.
ZC-04-303 Council Member Stevenson made a motion, seconded by Council
Continued Until Member Wheatfall, that the application of Marlin Atlantis White,
January 4, 2005 Ltd., for a change in zoning of property located 5000 Block of
Marine Creek Parkway from "J" Medium Industrial to "A-5" One-
Family Residential (76.54 acres) and "B" Two-Family Residential
(35.15 acres), Zoning Docket No. ZC-04-303, be continued until
January 4, 2005. The motion carried unanimously.
Council Member Davis requested that in the future staff provide
maps with a broader aerial view of the property being requested
for rezoning for Council consideration.
ZC-04-304 Council Member Stevenson made a motion, seconded by Council
SP-04-052 Member Silcox, that the application of Kosel Investments, Inc., for
Approved a change in zoning of property located 8900 Block of West
Freeway from "F" General Commercial to "PD/SU" Planned
Development/ Specific Use for all uses in "I" Light Industrial,
excluding the following: Assaying, Blacksmithing or Wagon Shop,
Bottling Works, Milk or Soft Drinks, Chicken Battery or Brooder,
Coal, Coke or Wood Yard, Crematorium, Electroplating, Fabricating
or Manufactured Housing (Temporary or Office Building), Food
Processing (No Slaughtering), Furniture Sales with outside
storage/display (New/Used), Galvanizing, Small Utensils, Machine
Shop, Manufacture of Aluminum, Brass or other Metals or from
Bone, Paper, Rubber, Leather, Manufactured Home/RV Repair,
Monument/Marble Works (Finishing and Carving only), Monument
Works, Stone (Outside Sales and Storage), Paint Mixing or
Spraying, Sheet Metal Shop, Storage Yards, Building Material
(outside storage), Welding Shop, Custom Work (not structural),
Yards, Contractors, Lumber or Storage (outside storage),
Passenger Station, Railroad Roadhouse or Railroad Car Repair
Shop, Railroad Tracks, Team, Spur, Loading or Storage, Terminals,
Truck, Freight, Rail or Water, Recycling Collection Facility,
Wholesale, Bakery (produce market or wholesale house) and site
plan required, Zoning Docket No. ZC-04-304 and Site Plan No. SP-
04-052, be approved. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 22 of 31
ZC-04-305 Council Member Haskin asked Mr. Jim Schell if there would be
SP-04-053 outside vehicle storage or alcohol sales at this location.
Approved
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the
applicant, and stated that there would be outside storage of
vehicles in the rear of the building but only for those vehicles
being repaired. He added that vehicle storage would be of a
temporary nature, 60-days, and that there would be no alcohol
sales permitted.
(Council Member Picht stepped away from the dais.)
Council Member Haskin made a motion, seconded by Council
Member Stevenson, that the application of Don Vo for a change in
zoning of property located 6705 Meadowbrook Drive from "E"
Neighborhood Commercial to "PD/SU" Planned Development/
Specific Use for all uses in "E" Neighborhood Commercial plus
Automotive Repair and site plan required, Zoning Docket No. ZC-
04-305 and site plan required, be approved including no outside
storage of vehicles when the business is closed and no alcohol
sales allowed. The motion carried unanimously.
ZC-04-308 Council Member Lane made a motion, seconded by Council
Approved Member Silcox, that the application of Two S.R., L.P., for a change
in zoning of property located at Sendera Boulevard and
Diamondback Lane from "AG" Agricultural, "A-10" One-Family
Residential and "CF" Community Facilities to "A-5" One-Family
Residential (24.5 acres), "E" Neighborhood Commercial (12.79
acres), "CF" Community Facilities (2.32 acres), and "F-R" General
Commercial Restricted (1.86 acres), Zoning Docket No. ZC-04-308,
be approved. The motion carried unanimously.
(Council Member Picht returned to his chair at the dais.)
City Attorney Yett advised the Council that Zoning Docket Nos. ZC-
04-309 through ZC-04-327, Items 26 through 43 on the agenda,
were City-initiated zoning cases to have these properties conform
to the comprehensive plan. He stated that Council approval could
be by a single motion.
Council Member Davis made a motion, seconded by Council
Member Silcox, that Zoning Docket Nos. ZC-04-309 through ZC-04-
327, be approved. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 23 of 31
ZC-04-309 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 in the 2200
thru 2500 Blocks of Westbrook Avenue & 2237 Dalford Street from
"B" Two-Family Residential to "A-5" One-Family Residential,
Zoning Docket No. ZC-04-309, be approved. The motion carried
unanimously.
ZC-04-311 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 2413 NW
20th Street from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-311, be approved. The
motion carried unanimously.
ZC-04-312 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 2718 26th
Street from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-312, be approved. The
motion carried unanimously.
ZC-04-313 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 2922
Pearl Avenue from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-313, be approved. The
motion carried unanimously.
ZC-04-314 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 2202
Houston from "E" Neighborhood Commercial to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-314, be approved. The
motion carried unanimously.
ZC-04-315 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 4205 Fain
Street from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-315, be approved. The
motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 24 of 31
ZC-04-316 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 1051
Prince Street from "PD-8" Planned Development to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-316 be approved.
The motion carried unanimously.
ZC-04-317 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 4012
Avenue L from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-317, be approved. The
motion carried unanimously.
ZC-04-318 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 2510
Marling Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-318, be approved.
The motion carried unanimously.
ZC-04-319 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 3104 Noe
Street from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-319, be approved. The
motion carried unanimously.
ZC-04-320 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 5430
Booker T Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-320, be approved.
The motion carried unanimously.
ZC-04-321 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 3408
Donalee Street from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-321, be approved.
The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 25 of 31
ZC-04-322 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 5324
Flamingo Road from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-322, be approved.
The motion carried unanimously.
ZC-04-323 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 5101
Fitzhugh Avenue from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-323, be approved.
The motion carried unanimously.
ZC-04-324 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 1704
Hughes Avenue from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-324, be approved.
The motion carried unanimously.
ZC-04-325 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 100
Missouri Avenue from "I" Light Industrial to "MU-1" Low Intensity
Mixed Use, Zoning Docket No. ZC-04-325, be approved. The
motion carried unanimously.
ZC-04-326 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 805 Isbell
Road from "B" Two-Family Residential to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-326, be approved. The
motion carried unanimously.
ZC-04-327 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 2324
Mitchell Boulevard from "B" Two-Family Residential to "A-5" One-
Family Residential, Zoning Docket No. ZC-04-327, be approved.
The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 26 of 31
ZC-04-328 Council Member Davis made a motion, seconded by Council
Approved Member Silcox, that the application of Linda and Randy Parham for
a change in zoning of property located at 2516 Ryan Place Drive
from "A-5/DD" One-Family Residential/Demolition Delay to "A-
5/HC" One-Family Residential Historic Cultural, Zoning Docket No.
ZC-04-328, be approved. The motion carried unanimously.
ZC-04-329 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 713, 721,
725, 729 and 733 Bluebird Street from "AG" Agricultural to "A-21"
One-Family Residential, Zoning Docket No. ZC-04-329, be
approved. The motion carried unanimously.
ZC-04-337 Mayor Pro tempore McCloud made a motion, seconded by Council
Approved Member Silcox, that the application of Feliz Asimiri for a change in
zoning of property located at 3101 Mansfield Highway from "E"
Neighborhood Commercial to "PD/SU" Planned Development/
Specific Use for all uses in "E" Neighborhood Commercial; plus
State Inspection Station and waiver of site plan recommended,
Zoning Docket No. ZC-04-337, be approved. The motion carried
unanimously.
ZC-04-338 Council Member Stevenson made a motion, seconded by Council
SP-04-058 Member Silcox, that the application of Kimbell, Inc. & Tri-State
Approved Commercial Associates for a change in zoning of property located
at 4515 Camp Bowie Boulevard and 2020, 2024 & 2026 Western
Avenue from "B" Two-Family Residential and "I" Light Industrial to
"PD/SU" Planned Development/Specific Use for all Uses in "E"
Neighborhood Commercial; and exclude the following uses:
Ambulance Dispatch Station, Care Facility, Hospital, Outdoor
Amusement, Drive-in Restaurant, Massage Therapy, Swimming
Pool (commercial), Theater, Movie Theater or Auditorium, R-V
Park, Cold Storage or Ice Plant, Firewood Sales, Mortuary or
Funeral Home, Pawn Shop, Tattoo Parlor, Veterinary Clinic with
indoor kennels, Garage (storage only), Gasoline Sales, Parking
area or garage (commercial or auxiliary) and site plan for retail
store required, Zoning Docket No. ZC-04-338 and Site Plan No. SP-
04-058, be approved. The motion carried unanimously.
ZC-04-343 Council Member Lane made a motion, seconded by Council Member
SP-04-055 Davis, that the application of Jesus and Imelda Baca for a change in
Approved zoning of property located at 1236 Gould Avenue from "PD-440"
Planned Development to "PD/SU" Planned Development/ Specific
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 27 of 31
Use for all uses in "ER" Neighborhood Commercial Restricted; plus
Drive Thru Restaurant, Zoning Docket No. ZC-04-343 and Site Plan
No. SP-04-055, be approved. The motion carried unanimously.
PZ-2565 There was presented Mayor and Council Communication No. PZ-2565
Ord. #16240 from the City Manager recommending that the City Council institute
Institute and and consider the adoption of Ordinance No. 16240 declaring certain
Approve findings; providing for the extension of certain boundary limits of the
Annexation of City of Fort Worth; providing for the annexation of an approximately
Approximately 40.98 acre tract of land situated in the James H. Eastman Survey,
40.98 Acres of Abstract Number 501 and the William McCowan Survey, Abstract
Land Located Number 999, Tarrant County, Texas and being a portion of that
Directly North of certain tract of land described by deed to James Prewitt, Tarrant
Where North County, Texas, (Case No. AX-04-011 Villages of Woodland Springs),
Riverside Drive which said territory lies adjacent to and adjoins the present corporate
Meets Keller boundary limits of Fort Worth, Texas; providing that the territory
Hicks Road annexed shall bear its pro rata part of taxes; providing that the
(AX-04-011, inhabitants thereof shall have all the privileges of all the citizens of
Villages of Fort Worth, Texas. Council Member Lane made a motion, seconded
Woodland by Council Member Silcox, that the recommendation be adopted.
Springs) The motion carried unanimously.
ZC-04-344 Council Member Lane made a motion, seconded by Council
Approved Member Silcox, that the application of One Woodland Springs,
Ltd., for a change in zoning of property located at Timberline Road
and Old Denton Road from Unzoned and "CF" Community
Facilities to "A-5" One-Family Residential (22.45 acres), "C"
Medium Density Multi-Family (11.75 acres) and "E" Neighborhood
Commercial (4.14 acres), Zoning Docket No. ZC-04-344, be
approved. The motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Wheatfall, Picht,
and Stevenson
NOES: Council Members Haskin and Davis
ABSENT: None
ZC-04-294 Mr. Jim Schell, 901 Fort Worth Club Building, representing the
Approved/ applicant, appeared before Council and requested that Lots 18, 19,
Denied and 20 of Block 80 be withdrawn from consideration. He
summarized the reasoning for his request and requested Council
approve the withdrawal of the properties.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 28 of 31
Robert Stripling Mr. Robert Stripling, 5528 Collinwood, appeared before Council in
support of the zoning change.
Council Member Stevenson made a motion, seconded by Mayor
Pro tempore McCloud, that the application of City of Fort Worth for
a change in zoning of property located in the 5200 Block thru 5600
Block of El Campo Avenue and 2409 Faron Street from "B" Two-
Family Residential to "A-5" One-Family Residential, be approved/
denied as follows, excluding Lots 18, 19, and 20 of Block 80:
Recommended for Approval
Block 77, Lots 1 thru 20; Block 79, Lots 13, 14, 17, 18, 19A and B,
20; Block 80, Lots 1, 2, 5 thru 17; South 55' of Lots 18 thru 20;
Block 81, Lots 1, 2, 3, 4, 8, 9, 12, 13, 14, 15, 16, 19 & 20
Recommended for Denial
Block 79, Lots 11 and 12; Block 80, Lots 3 and 4; Block 81, Lots 5,
6, 7, 10, 11, 17 and 18
The motion carried unanimously.
ZC-04-093 It appeared that the City Council set today as the date for a hearing
Denied Without for Zoning Docket No. ZC-04-093, Text Amendment concerning
Prejudice Daycare Centers. Mayor Moncrief opened the public hearing and
asked if there was anyone present desiring to be heard.
Mr. Bob Riley, Development Department Director, advised Council
that staff had recommended this case be withdrawn.
There being no one present desiring to heard in connection with
the Text Amendment, Council Member Davis made a motion,
seconded by Council Member Silcox, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-04-093 be denied without
prejudice. The motion carried unanimously.
ZC-04-182 Mr. Riley stated that staff was recommending this zoning case as
Denied Without well as ZC-04-187 be withdrawn as they were submitted without a
Prejudice legal description of the property.
Council Member Lane made a motion, seconded by Council
Member Davis, that the application of Raymax Management, L.P.,
for a change in zoning of property located at 2405 East Belknap
Street from "J" Medium Industrial to "J/DD" Medium
Industrial/Demolition Delay, Zoning Docket No. ZC-04-182, be
denied without prejudice. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 29 of 31
ZC-04-187 Mr. Clifford Proffitt, P. O. Box 7484, President of the Carter-
Denied Without Riverside Neighborhood Association, appeared before Council in
Prejudice opposition of the zoning change. He stated that the neighborhood
Clifford Proffitt association never had a clear understanding of the zoning change.
Council Member Haskin made a motion, seconded by Council
Member Davis, that the application of City of Fort Worth for a
change in zoning of property located in the 800-1200 Blocks of
Bonnie Brae Street ROW (Esplanade) from "A-5" One-Family, "C"
Medium Density Multi-Family, "ER" Neighborhood Commercial
Restricted and "E" Neighborhood Commercial to "A-5/DD" One-
Family Residential/Demolition Delay, "C/DD" Medium Density
Multi-Family/Demolition Delay, "ER/DD" Neighborhood
Commercial/ Demolition Delay and "E/DD" Neighborhood
Commercial/ Demolition Delay, Zoning Docket No. ZC-04-187, be
denied without prejudice. The motion carried unanimously.
ZC-04-302 Mr. Louis Zapata, 2007 N. Houston, appeared before Council in
Set for Special support of the zoning change. He requested that Council set the
Hearing on case for a Special Hearing on February 8, 2005. He added that the
February 8, 2005 developer had agreed to place single-family housing in the rear of
Louis Zapata the development, commercial in front, and the townhouses in the
middle.
Robert Chesser Mr. Robert Chesser, 3217 Kimbo Road, President of the Bonnie
Brae Neighborhood Association, appeared before Council in
support of the denial.
Clifford Proffitt Mr. Clifford Proffitt, P. O. Box 7484, President of the Carter-
Riverside Neighborhood Association, appeared before Council in
opposition of the zoning change.
Council Member Haskin made a motion, seconded by Council
Member Lane, that the application of Texas National Theaters for a
change in zoning of property located at 3715 NE 28th Street from
"A-5" One-Family Residential and "E" Neighborhood Commercial
to "R-2" Townhouse/Cluster Residential, Zoning Docket No. ZC-04-
302, be set for a Special Hearing on February 8, 2005. The motion
carried unanimously.
ZC-04-306 Mr. Jim Schell, 901 Fort Worth Club Building, representing the
SP-04-054 applicant, appeared before Council in opposition of the denial. He
Set for Special requested that Council set the case for a Special Hearing on
Hearing on February 8, 2005.
February 8, 2005
Jim Schell
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 30 of 31
Council Member Stevenson made a motion, seconded by Mayor
Pro tempore McCloud that the application of Jerry D. Scott for a
change in zoning of property located at 701 Westview Avenue from
"B" Two-Family Residential to "PD/SU" Planned Development/
Specific Use for all uses in "A-7.5" One-Family Residential plus
enclosed carport and site plan required, Zoning Docket No. ZC-04-
306 and Site Plan No. SP-04-054, be set for a Special Hearing on
February 8, 2005. The motion carried unanimously.
ZC-04-264 It appeared that the City Council, at its meeting of November 9,
SP-04-045 2004, set today as the special hearing of the application of Retasal
Set for Special I, L.P./Charles Lasater for a change in zoning of property located in
Hearing the 7200 Block of Blue Mound Road from "A-5" One-Family
Residential to "PD/SU" Planned Development/Specific Use for all
uses in "E" 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. Mayor Moncrief opened the public hearing and asked if there
was anyone present desiring to be heard.
There being no one present desiring to be heard in connection
with the application of Retasal I, L.P./Charles Lasater, Council
Member Lane made a motion, seconded by Council Member Picht,
that the Zoning Hearing be closed and that Zoning Docket No. ZC-
04-264 and Site Plan No. SP-04-045 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 Lane made a motion,
seconded by Council Member Picht, that the hearing be closed and
that the following ordinance be adopted:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
DECEMBER 14, 2004
PAGE 31 of 31
ORDINANCE NO. 16241
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 THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE
DATE.
The motion carried unanimously.
Citizen Mr. Joe Waller, 2533 Castle Circle, representing the Neighborhood
Presentations Association on South Lake Worth, appeared before Council and
Joe Waller requested that gas leases and royalties from the land surrounding
Lake Worth be allocated to a Lake Worth trust fund for
improvements.
Adjournment There being no further business, the meeting was adjourned at
9:30 p.m.
These minutes approved by the Fort Worth City Council on the 21St
day of December, 2004.
Attest: Approved:
mc��4,. I
Marty HendRx Michael J. Mo rie
City Secretary Mayor