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HomeMy WebLinkAbout2003/01/14-Minutes-City Council CITY COUNCIL MEETING JANUARY 14, 2003 Date & Time On the 14th day of January, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:08 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Minister Anthony Gardner, Greater St. Mark Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of January 7, 2003, were approved unanimously. Special Council Member Wentworth presented a Proclamation for Tom and Presentations Carol Beech Day. Announcements Council Member Haskin stated that the Stock Show parade was held January 11, 2003, and expressed appreciation for everyone who planned the events, especially those who provided coffee and hot chocolate at La Grave Field. Council Members Picht, Davis, and Wentworth recognized Boy Scouts Kalib Helms from Troop 1136, Jay Stouffer from Troop 720, and Marshall Mays from Troop 350, who attended the Council meeting to earn their Citizenship in the Community badge. Each Scout was presented with a City pin by the Council Member from their district. Council Member Lane echoed Council Member Haskin's comments on the Stock Show parade and expressed appreciation to City of Dallas Mayor Laura Miller for riding in the parade. He added that a Hispanic/Mexican-American Rodeo would be showcased at the Will Rogers Memorial Coliseum January 15-16, 2003, and the regular rodeo would start January 17, 2003. He invited everyone to attend. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 2 of 30 Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13855 be continued for one week. Staff Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Silcox, the consent agenda was adopted unanimously. OCS-1325 There was presented Mayor and Council Communication No. OCS- Claims 1325 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-13845 There was presented Mayor and Council Communication No. G- Amend 2000- 13845 from the City Manager recommending that the City Council 2003 amend the City's 2000-2003 Consolidated Plan to include the Worth Consolidated Heights Neighborhood Revitalization Strategy (NRS). It was the Plan to Include consensus of the City Council that the recommendation be Worth Heights adopted. N RS G-13846 There was presented Mayor and Council Communication No. G- Extend 13846 from the City Manager recommending that the City Council Temporary authorize an extension of the temporary closure of Northeast 21St Closure of Street between North Calhoun Street and Grove Street from Northeast 21St January 15, 2003, until April 16, 2003, to facilitate the replacement Street of the existing double barrel box culvert with a triple box culvert. It was the consensus of the City Council that the recommendation be adopted. G-13847 There was presented Mayor and Council Communication No. G- Temporary 13847 from the City Manager recommending that the City Council Closure of authorize a temporary closure of the sidewalks on Taylor Street Sidewalks on from 4t" Street to 5t" Street, 4t" Street from Taylor Street to Taylor Street Throckmorton Street, and 5t" Street from Taylor Street to Throckmorton Street until January 30, 2003, to accommodate completion of plans for future use of the Bank One building located at 500 Throckmorton Street. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 3 of 30 G-13848 There was presented Mayor and Council Communication No. G- Ord. #15392 13848 from the City Manager recommending that the City Council: Ord. #15393 Ord. #15394 1. Authorize the City Manager to apply for and accept, if Fiscal Year awarded, four grants from the Governor's Office, Criminal 2003-2004 Justice Division in the amount of $228,418.00; and Criminal Justice Grant Proposals 2. Adopt Appropriation Ordinance No. 15392 increasing appropriations in the Federal Awarded Assets Fund in the amount of $129,686.00 from available funds, for the purpose of funding the City's match for grants from the Governor's Office, Criminal Justice Division; and 3. Authorize the transfer of $129,686.00 from the Federal Awarded Assets Fund to the Grants Fund for the City's match; and 4. Adopt Appropriation Ordinance No. 15393 increasing the estimated receipts and appropriations in the State Awarded Assets Fund in the amount of $58,670.00 from available funds, for the purpose of funding the City's match for grants from the Governor's Office, Criminal Justice Division; and 5. Authorize the transfer of $58,670.00 from the State Awarded Assets Fund to the Grants Fund for the City's match; and 6. Authorize the use of volunteer services with an anticipated value of $30,900.00; and 7. Adopt Appropriation Ordinance No. 15394 increasing estimated receipts and appropriations in the Grants Fund in the amount of $447,674.00 from available funds, for the purpose of funding the Police Department's Domestic Assault Response Team, Enhanced Domestic Assault Response Team, Computer Crime Fraud Expansion and SCRAM Sexual Assault Training; and 8. Authorize the City Manager to designate Libby Watson, Assistant City Manager, as the authorized official to accept, reject, or alter the listed grants, if awarded; and 9. Authorize a contract with Women's Haven at a cost not to exceed $35,150.00 contingent upon receipt of the grant from the Criminal Justice Division; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 4 of 30 10.Authorize the City Manager to waive indirect costs in the amount of $40,628.00. It was the consensus of the City Council that the recommendation be adopted. G-13849 There was presented Mayor and Council Communication No. G- Ord. #15395 13849 from the City Manager recommending that the City Council: FY2001-2002 Annual Building 1. Adopt Appropriation Ordinance No. 15395 increasing Security Costs estimated receipts and appropriations in the Special Trust Fund, Municipal Court Building Security Fund in the amount of $374,796.28 from available funds, for the purpose of funding the reimbursement of FY2001-2002 annual security costs; and 2. Authorize the City Manager to transfer $374,796.28 from the Municipal Court Building Security Fund to the General Fund. It was the consensus of the City Council that the recommendation be adopted. G-13850 There was presented Mayor and Council Communication No. G- Ord. #15396 13850 from the City Manager recommending that the City Council Supplemental authorize the City Manager to accept Supplemental Environmental Environmental Project funds for use by the Environmental Collection Center; and Project Funds adopt Appropriation Ordinance No. 15396 increasing estimated for receipts and appropriations in the Grants Fund in the amount of Environmental $3,000.00 from available funds, for the purpose of funding the Collection Environmental Collection Center. It was the consensus of the City Center Council that the recommendation be adopted. G-13851 There was presented Mayor and Council Communication No. G- Semi-Annual 13851 from the City Manager recommending that the City Council Impact Fees adopt the Citizen Advisory Committee's Semi-Annual Progress Progress Report report concerning the status of the Water and Wastewater Impact of Water & Fees. It was the consensus of the City Council that the Wastewater CIP recommendation be adopted. G-13852 There was presented Mayor and Council Communication No. G- Ord. #15397 13852 from the City Manager recommending that the City Council Cowtown Brush accept donations totaling $32,664.54 for the Cowtown Brush Up Up Project paint program; and adopt Appropriation Ordinance No. 15397 Contributions increasing estimated receipts and appropriations in the Special CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 5 of 30 Trust Fund in the amount of $32,664.54 from increased revenues, for the purpose of funding the Cowtown Brush Up paint program. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted with appreciation. The motion carried unanimously. G-13853 There was presented Mayor and Council Communication No. G- Petition & 13853 from the City Manager recommending that the City Council: Application Fee for PID #11 in 1. Receive the petition for establishment of Fort Worth Public Stockyards Area Improvement District No. 11 (PID No. 11) in the Stockyards area; and 2. Accept the application fee of $150.00 to be used by City staff for petition verification and establishing a proposed assessment roll; and 3. Direct the City Manager and City Attorney to review the petition to determine whether the petition includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and 4. Schedule the petition for further consideration at a future City Council meeting. Steve Murrin Mr. Steve Murrin, 101 W. Exchange Avenue, appeared before Council and expressed appreciation to the City and Assistant City Attorney Cynthia Garcia for their assistance in this endeavor. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation to Mr. Murrin. The motion carried unanimously. Mayor Barr thanked Mr. Murrin for his hard work to establish a PID in the Stockyards and added that he hoped it would become the catalyst that would bring everyone together. Public Hearing It appeared that the City Council set today as the date for a public hearing for the appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for the property located at 1220 Buck Avenue. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 6 of 30 G-13854 Council Member Davis stated that she had received a request from Continued Until the applicant requesting a delay until March 11, 2003, and made a March 11, 2003 motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-13854 from the City Manager recommending that the City Council consider Mr. Jon Aubry's appeal of the decision of the Historic and Cultural Landmarks Commission (HCLC) to deny the application for a Certificate of Appropriateness for certain work to be performed on the house at 1220 Buck Avenue, be continued until March 11, 2003. The motion carried unanimously. G-13855 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13855, Appropriation Ordinance and One Week Authorization to Submit an Application for a 2003 Texas Parks and Wildlife Regional Park Grant, be continued for one week. G-13856 There was presented Mayor and Council Communication No. G- Ord. #15398 13856 from the City Manager recommending that the City Council: Settlement of Claims of Police 1. Approve the proposed settlement of the lawsuit arising from Officers — the alleged failure of the City to grant vacation days to the Bradley W. City of Fort Worth police officers from November 10, 1996, Hickey, et al v. through November 10, 2000; and City of Fort Worth, Cause 2. Authorize the payment of $30,000.00 to H. L. O'Neal for Worth, 00 attorney's fees incurred on behalf of the plaintiff police officers; and 3. Authorize the transfer of up $623,000.00 from the Property and Casualty Insurance Fund to the General Fund; and 4. Adopt Supplemental Appropriation Ordinance No. 15398 increasing estimated receipts and appropriations in the General Fund in the amount of $623,000.00 from available funds, for the purpose of funding the settlement of all claims of plaintiff police officers in Bradley W. Hickey, et al v. the City of Fort Worth, Texas, Cause No. 348-185345-00, in the 248th Judicial District Court of Tarrant County, Texas; and 5. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 7 of 30 P-9731 There was presented Mayor and Council Communication No. P- New Bi-Fuel 9731 from the City Manager recommending that the City Council Trucks authorize cancellation of the purchase of 16 new bi-fuel trucks previously awarded to the Houston Galveston Area Council; and authorize award of the purchase of 16 new bi-fuel trucks to Philpott Ford, based on Tarrant County Bid No. 2003-008, at a cost not to exceed $361,126.47 with payment due within 30 days of the date of the invoice, and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9732 There was presented Mayor and Council Communication No. P- Commercial 9732 from the City Manager recommending that the City Council: Recorder & Fort Worth Star- 1. Authorize a purchase agreement for the publication of City Telegram notices and discretionary advertisements with the Commercial Recorder; and 2. Authorize a purchase agreement for publication of personnel advertisements, display advertisements, and discretionary advertisements as deemed necessary with the Fort Worth Star-Telegram; and 3. Name the Commercial Recorder as the official City publication per Section 17 of the City Charter; and 4. Authorize this agreement to begin January 2, 2003, and expire January 1, 2004. It was the consensus of the City Council that the recommendation be adopted. P-9733 There was presented Mayor and Council Communication No. P- Clarifier Parts 9733 from the City Manager recommending that the City Council authorize the sole source purchase of clarifier parts to rebuild one Walker Process double pinion spur gear drive from Walker Process Equipment for the Water Department in an amount not to exceed $50,125.00. It was the consensus of the City Council that the recommendation be adopted. P-9734 There was presented Mayor and Council Communication No. P- Cantwell 9734 from the City Manager recommending that the City Council Equipment & authorize a purchase agreement with Cantwell Equipment and Diversified Diversified Service for generator parts, repairs, and scheduled Service maintenance. Payment due within thirty days from the date CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 8 of 30 invoices are received; and authorize this agreement to begin January 14, 2003, and expire January 13, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9735 There was presented Mayor and Council Communication No. P- High Water 9735 from the City Manager recommending that the City Council Warning authorize a purchase agreement for high water warning systems Systems with High Sierra Electronics for the Transportation and Public Works Department using the interlocal purchasing program with pricing established by the State of Arizona; and authorize this agreement to begin January 14, 2003, and expire January 13, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9736 There was presented Mayor and Council Communication No. P-9736 Reject Bid #02- from the City Manager recommending that the City Council authorize 0264 for Fire the rejection of Bid No. 02-0264 for the purchase of a fire rehab truck Rehab Truck to be used by the Fire Department. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. L-13485 There was presented Mayor and Council Communication No. L- Sale of Tax 13485 from the City Manager recommending that the City Council Foreclosed consent to the sale of two tax foreclosed properties located at 818 Properties Springer Avenue and 4531 Blackstone Drive in accordance with Section 34.05 of the Texas Tax Code (DOE 920) for a total of $12,810.00; and accept as payment of City of Fort Worth taxes due on the properties a proportional share of the purchase amount received, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the properties to Alvin Collins. It was the consensus of the City Council that the recommendation be adopted. L-13486 There was presented Mayor and Council Communication No. L-13486 Revision of M&C from the City Manager recommending that the City Council authorize #L-13458 on Sale the revision of Mayor and Council Communication No. L-13458 dated of Tax December 3, 2002; and approve the direct sale of the tax foreclosed Foreclosed property described as Lot 5, Block 72, Polytechnic Heights Addition to Property Ronald Dansby, Sr. in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute an appropriate deed conveying the property to Ronald Dansby, Sr. and record the deeds. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 9 of 30 L-13487 There was presented Mayor and Council Communication No. L- Sale of Tax 13487 from the City Manager recommending that the City Council Foreclosed authorize the sale of tax foreclosed property described as Lot 2A, Property Block RF, Hallbrook Addition (1100 South Ayers Avenue) to Ernest McGhee in accordance with Section 34.05 of the Texas Tax Code (DOE 920) for a total cost of $11,434.59; and authorize the City Manager to execute an appropriate deed conveying the property to Ernest McGhee, and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13488 There was presented Mayor and Council Communication No. L- Condemnation 13488 from the City Manager recommending that the City Council of Parcel of declare the necessity of condemning a parcel of land, Abstract No. Land for 1262, Tarrant County, Texas, owned by the Boswell Family for one Permanent permanent easement and one temporary construction easement Easement & required to provide service to the annexed area south of Old Temporary Decatur Road (DOE 3312); and authorize the City Attorney to Construction institute condemnation proceedings to acquire the interest in the Easement land. It was the consensus of the City Council that the recommendation be adopted. L-13489 There was presented Mayor and Council Communication No. L- Ord. #15399 13489 from the City Manager recommending that the City Council: Sale of Tracts of Land and Grant 1. Approve the sale of a portion of three separate tracts of land Temporary described as 1.769 Acres, B. Lavois Survey, Abstract No. Construction 991 (1304 Westport Parkway), 1.565 Acres, C. R. Harmon Easements Survey, Abstract No. 737 (1404 Westport Parkway) and 2.161 Acres, C. R. Harmon Survey, Abstract No. 737 (1504 Westport Parkway) to the City of Haslet for right-of-way to accommodate the reconstruction and widening of Westport Parkway along the southern boundary of Fort Worth Alliance Airport (DOE 3531); and 2. Find that the sales prices being accepted in the amounts of $115,608.00 for 1304 Westport Parkway, $119,299.95 for 1404 Westport Parkway, and $164,733.00 for 1504 Westport Parkway are Fair Market Value with a just compensation amount to be received totaling $399,640.95; and 3. Adopt Appropriation Ordinance No. 15399 increasing estimated receipts and appropriations in the Airport Capital Grant Fund in the amount of $399,640.95 from the proceeds of the sale of a portion of three separate tracts of land CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 10 of 30 located at 1304, 1404, and 1504 Westport Parkway to the City of Haslet for the purpose of funding the reconstruction and widening of Westport Parkway along the southern boundary of Fort Worth Alliance Airport (DOE 3531); and 4. Authorize temporary construction easements described as 0.794 Acres (1304 Westport Parkway), 0.503 Acres (1404 Westport Parkway), and 0.699 Acres (1504 Westport Parkway) to the City of Haslet for use during construction of the roadway; and 5. Authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13490 There was presented Mayor and Council Communication No. L- Lease City- 13490 from the City Manager recommending that the City Council owned Lake authorize a lease with Ms. Irene Zamarripa for City-owned Lake Worth Lease Worth lease property described as Lot 1, Block 19, Lake Worth Property Lease Survey (4078 Peninsula Club Circle); and authorize this lease to begin July 1, 2002, and expire June 30, 2007, with one-year option to extend the five-year term; and approve the annual lease rate of $1,235.00; and authorize the City Manager to execute the appropriate documents. It was the consensus of the City Council that the recommendation be adopted. L-13491 There was presented Mayor and Council Communication No. L- Permanent 13491 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main easement Easement & described as A-1497, Benjamin Thomas, Tarrant County, Texas, Permanent and one permanent sanitary sewer easement described as A-1079, Sanitary Sewer D. F. McCardy Survey, Tarrant County, Texas, from Pender Easement Investment Corporation located along Business US287 and south of Bonds Ranch Road for the Chapel Hill Addition offsite water main project (DOE 3733) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 11 of 30 L-13492 There was presented Mayor and Council Communication No. L- Detention Pond 13492 from the City Manager recommending that the City Council Easement approve the acceptance of one detention pond easement Agreement & agreement and temporary construction easement described as Temporary Abstract No. 1264, James Rogers Survey from Cityview Partners, Construction L.P. for property located at the southwest corner of Interstate Easement Highway 20 and Overton Ridge Boulevard (DOE 3886) necessary for the installation, maintenance, operation, removal and repair of a detention pond for a cost of $10.00, subject to City Council approval of the award of contract to Site Concrete, Inc. for the Cityview Detention project as outlined in Mayor and Council Communication No. C-19413 dated January 14, 2003. It was the consensus of the City Council that the recommendation be adopted. L-13493 There was presented Mayor and Council Communication No. L- Sale of Surplus 13493 from the City Manager recommending that the City Council Tax Foreclosed approve the sale of various surplus tax foreclosed properties in Properties accordance with Section 272.001 of the Texas Tax Code for a total of $104,786.94; and authorize the City Manager to execute the appropriate deeds conveying the properties to the high bidder complying with the bid specifications. It was the consensus of the City Council that the recommendation be adopted. L-13494 There was presented Mayor and Council Communication No. L- Permanent 13494 from the City Manager recommending that the City Council Underground approve the acceptance of one permanent underground water Water Utility utility easement described as Lot 6A, Block 2, F. Cuella Survey, Easement Tarrant County, Texas, from Teraspace Networks Alliance No. 1, L.P., necessary for the construction, operation, and maintenance of a sanitary sewer system for property located west of Independence Parkway (DOE 0200) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13495 There was presented Mayor and Council Communication No. PZ- Purchase & Sale 13495 from the City Manager recommending that the City Council Agreement authorize the City Manager to execute a written consent to a purchase and sale agreement between Sterling-Fort Worth J.C., L.P. and Trajen Flight Support, L.P. relating to all of Sterling-Fort Worth, J.C., L.P. leasehold interests at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 12 of 30 PZ-2451 There was presented Mayor and Council Communication No. PZ- Ord. #15400 2451 from the City Manager recommending that the City Council Annexation of adopt Ordinance No. 15400 declaring certain findings; providing 0.656 Acres Out for the extension of certain boundary limits of the City of Fort of J. Burnett Worth; providing for the annexation of a certain 0.656 acres (.00102 Survey square miles) of land, more or less, out of the Jerry Burnett Survey, AX-02-0012 Abstract No. 1923 Tarrant County, Texas (Annexation Case No. AX- 02-0012), which territory lies adjacent to the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. It was the consensus of the City Council that the recommendation be adopted. PZ-2452 There was presented Mayor and Council Communication No. PZ- Ord. #15401 2452 from the City Manager recommending that the City Council Street & Alley adopt Ordinance No. 15401 vacating portions of the 1300 and 1400 Vacations block of Talton Avenue (formerly Judd Street), Morningside Drive, VA-02-084 Colvin Avenue, and a portion of the 2600 to 2800 block of Capulin Avenue and Yuma Avenue, and 15-foot wide alley portions running through blocks 21, 22, 33, 34, 35, 36 and 47, Ryan Southeast Addition, Tarrant County, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 13 of 30 C-19410 There was presented Mayor and Council Communication No. C- McGriff, Seibels 19410 from the City Manager recommending that the City Council & Williams of authorize the City Manager to execute a contract for excess Texas, Inc. workers' compensation insurance with McGriff, Seibels & Williams through North of Texas, Inc. through the North River Insurance Company for an River Insurance amount not to exceed $209,395.00; and authorize this agreement to Company begin January 1, 2003, and expire December 31, 2003, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. C-19411 There was presented Mayor and Council Communication No. C- Tegrity 19411 from the City Manager recommending that the City Council Contractors, Ltd. authorize the City Manager to execute a contract with Tegrity Contractors, Ltd., Inc. in the amount of $167,660.00 for renovations to the Bolt Street Public Safety Communications Center at 3000 West Bolt Street. It was the consensus of the City Council that the recommendation be adopted. C-19412 There was presented Mayor and Council Communication No. C- Assign Tax 19412 from the City Manager recommending that the City Council Abatement consent to the assignment by AgFoods Limited Partnership Agreement by (AgFoods) of its rights, duties and obligations under it Tax AgFoods to Abatement Agreement, City Secretary Contract No. 27004, to Opus Opus Real Estate Texas V Limited Partnership (Opus); and authorize the City Manager to execute a Consent to Assignment Agreement with Opus. It was the consensus of the City Council that the recommendation be adopted. C-19413 There was presented Mayor and Council Communication No. C- Site Concrete, 19413 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Site Concrete, Inc. in the amount of $725,301.75 for 100 working days for the Cityview Detention Project; and approve the temporary street closure of Overton Ridge Boulevard from IH20 to a median opening 600 feet south of IH20 beginning Tuesday, January 21, 2003, through Monday, July 14, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19414 There was presented Mayor and Council Communication No. C- Dustrol, Inc. 19414 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Dustrol, Inc. in the amount of $103,200.00 for Surface Wedge Milling (2003-2) at various locations for one year. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 14 of 30 C-19415 There was presented Mayor and Council Communication No. C- Southwest 19415 from the City Manager recommending that the City Council Research authorize the City Manager to execute an engineering services Institute agreement with the Southwest Research Institute for the development of a Communications Master Plan for the Traffic Management System for a fee not to exceed $377,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19416 There was presented Mayor and Council Communication No. C- B-C Company, 19416 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with B-C Company, Inc. in the amount of $373,530.80 for runway guard lights, signs and striping improvements at Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-19417 There was presented Mayor and Council Communication No. C- S.J. Louis 19417 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute amendments to wholesale Texas, Ltd., LLP water contracts with the City of Burleson, City of Crowley, and Bethesda Water Supply Corporation providing for cost participation by these entities in the proposed water transmission main extension to meet each customer's estimated capacity/demand in 2020; and authorize the City Manager to execute a contract with S.J. Louis Construction of Texas, Ltd., LLP, in the amount of $2,781,800.00 for the Southside III, 36-inch Water Transmission Main Extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek. It was the consensus of the City Council that the recommendation be adopted. C-19418 There was presented Mayor and Council Communication No. C- Conatser 19418 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc. in the amount of $1,326,175.20 for a 36-inch water line extension to serve Sendera Ranch, Contract II. It was the consensus of the City Council that the recommendation be adopted. C-19419 There was presented Mayor and Council Communication No. C- Ord. #15402 19419 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $781,349.00 from the Water and Company, Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of $698,032.00, and the Sewer Capital Project Fund in the amount of $83,317.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 15 of 30 2. Adopt Appropriation Ordinance No. 15402 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $698,032.00 and the Sewer Capital Project Fund in the amount of $83,317.00 from available funds for the purpose of funding an award of contract to McClendon Construction Company, Inc. for Alternate "A" for the reconstruction of 28th Street Northwest (Sherman Avenue to Titus Street), 28th Street Northwest (Macie Street to Kearney Avenue) and 28th Street Northwest (West Long Avenue to Ephriham Avenue) including water and sanitary sewer replacements; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. for Alternate "A" in the amount of $1,223,718.85 for the reconstruction of Northwest 28th Street (Sherman Avenue to Titus Street), Northwest 28th Street (Macie Street to Kearney Avenue) and Northwest 28th Street (Long Avenue to Ephriham Avenue) including water and sanitary sewer main replacements. It was the consensus of the City Council that the recommendation be adopted. C-19420 There was presented Mayor and Council Communication No. C- BRB 19420 from the City Manager recommending that the City Council Contractors, inc. authorize the City Manager to execute a contract with BRB Contractors, Inc. in the amount of $1,736,201.40 for a 36-inch water line extension to serve Sendera Ranch, Contract I. It was the consensus of the City Council that the recommendation be adopted. C-19421 There was presented Mayor and Council Communication No. C- Ord. #15403 19421 from the City Manager recommending that the City Council: Change Order#1 to CSC #27454 — 1. Authorize the transfer of $90,934.40 from the Water and Conatser Sewer Operating Fund to the Water Capital Project Fund in Construction, the amount of $2,647.00 and the Sewer Capital Project Fund Inc. in the amount of $88,287.40; and 2. Adopt Appropriation Ordinance No. 15403 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $2,647.00 and the Sewer Capital Project Fund in the amount of $88,287.40 from available funds for the purpose of funding Change Order No. 1 to City Secretary Contract No. 27454 with Conatser Construction, Inc.; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 16 of 30 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 27454 with Conatser Construction, Inc. in the amount of $111,283.40, thereby increasing the contract amount to $926,570.85. It was the consensus of the City Council that the recommendation be adopted. C-19422 There was presented Mayor and Council Communication No. C- Eagle 19422 from the City Manager recommending that the City Council Construction & authorize the City Manager to execute a contract with Eagle Environmental Construction and Environmental Services, Inc. in the amount of Services, Inc. $261,682.00 for the disposal of residual wastewater sludge and liquid inside Digester No. 9 at the former Riverside Wastewater Treatment Plant for the Water Department, with final payment due 30 days from the date of the invoice; and authorize the agreement to begin January 14, 2003, and expire May 31, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19423 There was presented Mayor and Council Communication No. C- Ord. #15404 19423 from the City Manager recommending that the City Council: Miller Pipeline Corporation 1. Authorize the transfer of $106,518.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $68,126.00, and the Sewer Capital Project Fund in the amount of $38,392.00; and 2. Adopt Appropriation Ordinance No. 15404 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $68,126.00 and the Sewer Capital Project Fund in the amount of $38,392.00 from available funds for the purpose of funding an award of contract to Miller Pipeline Corporation for locating and deholing buried utilities; and 3. Authorize the City Manager to execute a contract with Miller Pipeline Corporation in the amount of $96,835.00 with the option to renew for three additional one-year periods for locating buried utilities using the vacuum excavation method. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 17 of 30 C-19424 There was presented Mayor and Council Communication No. C- City of Keller 19424 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement between the City of Fort Worth and the City of Keller for the provision of wastewater services for Deerfield Addition, Phase III. It was the consensus of the City Council that the recommendation be adopted. C-19425 There was presented Mayor and Council Communication No. C-19425 Can-Fer from the City Manager recommending that the City Council authorize Construction the City Manager to execute a contract with Can-Fer Construction Company Company in the amount of $527,900.00 for the sanitary sewer lift station to serve Sendera Ranch, Ltd. It was the consensus of the City Council that the recommendation be adopted. C-19426 There was presented Mayor and Council Communication No. C- Historic 19426 from the City Manager recommending that the City Council Landmark, Inc. authorize the City Manager to execute a Community Facilities d/b/a ArtSpace Agreement with Historic Landmark, Inc. d/b/a ArtSpace Texas, Inc. Texas, Inc. for the installation of parkway improvements to benefit the Victory Arts Center located at 3300 Hemphill Street along West Shaw from Hemphill Street to Lipscomb Street that are required to meet current City standards, for a total City participation cost of $52,000.00. Council Member Davis made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. C-19427 There was presented Mayor and Council Communication No. C- Arthur Weinman, 19427 from the City Manager recommending that the City Council Architects authorize the City Manager to execute an architectural design agreement with Arthur Weinman, Architects to prepare construction documents for the renovation of the Roseland Theater Annex, located immediately north of the present Roseland Theater, at a cost of $37,890.00. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Lane requested staff to prepare an Informal Report updating the Council on the status of the Roseland Theater. C-19428 There was presented Mayor and Council Communication No. C- Mooreland 19428 from the City Manager recommending that the City Council Development authorize the City Manager to execute a Community Facilities Company, Inc. Agreement with Mooreland Development Company, Inc. for the rehabilitation of existing facilities and installation of water and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 18 of 30 sewer services to serve a portion of South Oak Grove Estates, Phase II and III of Blocks 7, 8, 12, and 13, on McPherson Road east of Highway 135 in far southeast Fort Worth. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19429 There was presented Mayor and Council Communication No. C- Hillsborough 19429 from the City Manager recommending that the City Council Mady, L.P. authorize water and wastewater services to be provided to Hillsborough Addition, which is located in the City of Fort Worth's extraterritorial jurisdiction (ETJ); and authorize the City Manager to execute a Community Facilities Agreement with Hillsborough Mady, L.P. for the installation of community facilities for Hillsborough Addition in Fort Worth's ETJ. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19430 There was presented Mayor and Council Communication No. C- Scott 19430 from the City Manager recommending that the City Council Communities authorize the City Manager to execute a Community Facilities Developers Agreement with Scott Communities Developers Limited Limited Partnership for construction of offsite sewer services to serve Partnership Lago Vista at Bonds Ranch on Bonds Ranch Road, south of Highway 287 in far northwest Fort Worth. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19431 There was presented Mayor and Council Communication No. C- Continued for 19431 from the City Manager recommending that the City Council One Week authorize water and wastewater services to be provided to Wilshire Valley Addition located outside of the Fort Worth city limits; and authorize the City Manager to execute a Community Facilities Agreement with Wilshire Valley Mady, L.P. for the installation of community facilities for Wilshire Valley Addition in Fort Worth's extraterritorial jurisdiction. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 19 of 30 Public Hearing It appeared that the City Council set today as the date for the Proposed second public hearing for the proposed voluntary annexation of Voluntary approximately 48 acres in the Jesse Billingsley Survey, Abstract Annexation of 48 No. 70, located south of Keller Hicks Road, east of Alta Vista Road Acres in Jesse and north of Golden Triangle Road, Tarrant County, Texas Billingsley (Annexation Case No. AX-02-0010). Mayor Barr asked if there was Survey anyone present desiring to be heard. AX-02-0010 Ms. Cathy Davidson, representing the Development Department, appeared before Council, gave a staff report and advised Council to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of February 4, 2003. There being no one present desiring to be heard in connection with the second public hearing for the proposed voluntary annexation of approximately 48 acres in the Jesse Billingsley Survey, Abstract No. 70, located south of Keller Hicks Road, east of Alta Vista Road and north of Golden Triangle Road, Tarrant County, Texas (Annexation Case No. AX-02-0010), Council Member Haskin made a motion, seconded by Council Member Lane, that the second public hearing be closed and that staff be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of February 4, 2003. Regular Zoning It appeared to the City Council that Resolution No. 2900 was Hearing adopted on December 17, 2002, 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 December 20, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-02-180 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Terry's Ocean Containers for a change in zoning of property located at 2001 West Loop 820 North from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for selected commercial uses, with site plan required, Zoning Docket No. ZC-02-180, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 20 of 30 ZC-02-234 It appeared that the City Council, at its meeting of November 12, SP-02-023 2002, continued the hearing of the application of Chris Chappell for Continued Until a change in zoning of property located at 4711, 4713, 4717 and February 11, 4721 Byers Avenue from "C" Medium Density Multi-Family to 2003 "PD/SU" Planned Development/Specific Use for day care centers, schools, offices, places of worship, bed and breakfast homes and inns, and other specified commercial uses, with monument signs only, Zoning Docket No. ZC-02-234 and Site Plan No. SP-02-023. Mayor Barr asked if there was anyone present desiring to be heard. Andrew Yanez Mr. Andrew Yanez, 4605 Byers Avenue, appeared before Council in opposition of the zoning change. He stated that it would create problems with the resale of his property and requested Council deny the zoning change. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, representing the applicant, appeared before Council in support of the zoning change. He stated that the applicant had tried to meet with everyone interested in the proposed zoning change. He added that the neighborhood supported the change and that the City Zoning Commission unanimously approved the change. However, he would not oppose the case being postponed to meet with Mr. Yanez. Council Member Wentworth stated that he had reservations about the zoning change until he spoke with Mr. Hopkins and the applicant. He added that Mr. Yanez should have an opportunity to meet with the applicant to resolve his concerns. There being no one else present desiring to be heard in connection with the application of Chris Chappell, Council Member Wentworth made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-234 and Site Plan No. SP-02-023 be continued until February 11, 2003. The motion carried unanimously. ZC-02-246 It appeared that the City Council, at its meeting of December 10, Approved 2002, continued the hearing of the application of Cityview Partners, LP for a change in zoning of property located in the 6300-6400 block of Overton Ridge Boulevard from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for housing for elderly persons subject to "CR" development standards and provisions of Unified Residential Development site plan, with waiver of planned development site plan recommended, Zoning Docket No. ZC-02-246. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 21 of 30 There being no one present desiring to be heard in connection with the application of Cityview Partners, LP, Council Member Silcox made a motion, seconded by Council Member Wentworth, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-246 be approved. The motion carried unanimously. ZC-02-272 It appeared that the City Council, at its meeting of December 10, Approved 2002, continued the hearing of the application of John B. Sartain and Pantego Bible Church for a change in zoning of property located in the 6000-6200 block of John T. White Road and 900-1000 block of John T. White Road North from "ER" Neighborhood Commercial to "PD/E" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with no alcohol sales allowed, with waiver of site plan recommended, Zoning Docket No. ZC-02-272. Mayor Barr 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 John B. Sartain and Pantego Bible Church, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-272 be approved by amending the zoning to "E" Neighborhood Commercial as this would prohibit the sale of alcohol being that the property was located across the street from a church. The motion carried unanimously. ZC-02-282 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Lisa Jenkins Dryden for a change in zoning of property located at 2204 Huntington Lane from "A-5" One-Family to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-02-282, be approved. The motion carried unanimously. ZC-02-283 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Gene Thompson for a change in zoning of property located at 2508 College Avenue from "A- 5" One-Family to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-02-283, be approved. The motion carried unanimously. ZC-02-285 Council Member Davis made a motion, seconded by Council Member Approved Silcox, that the application of Longhorn Finance for a change in zoning of property located 4444 South Freeway from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-02-285, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 22 of 30 ZC-02-286 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Trinity 2.87 Partners, LP for a change in zoning of property located in the 1600-1700 block of Foch Street from "J" Medium Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-286, be approved. The motion carried unanimously. ZC-02-289 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of L & S Land Company for a change in zoning of property located north of the 2800-3100 block of Sherman Avenue from "PD-451" Planned Development/Specific Use for all uses in "A-5" One-Family with minimum lot size of 4,100 square feet and minimum lot width of 41 feet to "A-5" One-Family, Zoning Docket No. ZC-02-289, be approved. The motion carried unanimously. ZC-02-290 Mr. Jim Walker, 331 Arbor Court, Euless, Texas, representing the Continued Until applicant, appeared before Council in support of the zoning February 11, change and requested the "PD" be amended to allow the property 2003 to be used as a trucking and transportation facility. Jim Walker The following individuals appeared before Council in opposition of the zoning change. They expressed concerns relative to safety, economic, and environmental issues. Ty Bush, Mr. Ty Bush 12608 Sweet Bay Dr Brian Simpson, Mr. Brian Simpson 12617 Red Cedar, Euless, TX lone Stanley, Ms. lone Stanley 12712 Chinaberry Ct Craig Lewis, Mr. Craig Lewis 12809 Peach Tree Wy Robert Ruiz, Mr. Robert Ruiz 12704 Red Cedar, Euless, TX Tyler Russell, Mr. Tyler Russell 12664 Black Cherry Ln, Euless, TX Brian Stanley, Mr. Brian Stanley 12712 Chinaberry Ct Douglas Blake Mr. Douglas Blake 12708 Beech Tree Ln Council Member Moss stated that heavy truck traffic in this area disturbed the neighborhood. He requested staff evaluate the area to determine how a 130-foot vehicle could safely navigate a turn from Trinity Hills Boulevard onto Euless South Main Road. Council Member Haskin requested that staff provide a briefing at the February 11, 2003 Pre-Council Meeting relative to traffic concerns on this portion of Trinity Boulevard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 23 of 30 Council Member Moss made a motion, seconded by Council Member Silcox, that the application of CTC Transportation for a change in zoning of property located at 3540 Euless South Main Road from "PD-43" Planned Development/Specific Use for a petroleum storage and distribution facility with conditions to "I" Light Industrial, Zoning Docket No. ZC-02-290, be continued until February 11, 2003, to allow the community and owner time to devise mutually agreeable terms to provide additional protection to the neighborhood. The motion carried unanimously. ZC-02-291 Council Member Picht made a motion, seconded by Council Approved Member Haskin, that the application of James Avenue Baptist Church for a change in zoning of property located at 5745 James Avenue from "B" Two-Family to "PD/SU" Planned Development/Specific Use for a daycare and church subject to "E" Neighborhood Commercial development regulations, with waiver of site plan recommended, Zoning Docket No. ZC-02-291, be approved. The motion carried unanimously. ZC-02-292 Council Member Haskin stated that this property was located in an Continued Until area dense with trees and expressed concern with deed January 28, 2003 restrictions and setback requirements and asked that the applicant respond. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, stated that the property was isolated and located at the very dead end of Trinity Boulevard. He added that he could not foresee this ever being residential property and since the property was not platted there could be no setback. He also stated that he had not met with Randall Harwood, Parks and Community Services Planning and Resource Management. Council Member Moss made a motion, seconded by Council Member Haskin, that the application of Hunter Ferrell Associates, LP for a change in zoning of property located at the future southwest corner of Trinity Boulevard and Riverpark Street from "A-5" One-Family to "J" Medium Industrial, Zoning Docket No. ZC- 02-292, be continued until January 28, 2003. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 24 of 30 ZC-02-293 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of Scott Communities Developers, LP for a change in zoning of property located at 11000 Los Rios Drive from "A-21" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-02-293, be approved. The motion carried unanimously. ZC-02-294 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Southside Lofts, Ltd. for a change in zoning of property located at 812 and 816 West Broadway Avenue from "G" Intensive Commercial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-294, be approved. The motion carried unanimously. ZC-02-295 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of AIL Investments, LP for a change in zoning of property located in the 8600 block of IH-35W from "I" Light Industrial to "G" Intensive Commercial, Zoning Docket No. ZC-02-295, be approved. The motion carried unanimously. ZC-02-296 Mr. John Garfield, representing the Development Department, Continued Until appeared before Council and stated that staff recommended February 4, 2003 continuing this case to allow the associated annexation to be ratified on February 4, 2003. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Claudia Hosfelt and Guy and Minnie Browning for a change in zoning of property located in the 3800-4000 block of Keller-Hicks Road and 11200-11300 block of Alta Vista Road from "Unzoned" (Contingent) to "PD/SU" Planned Development/Specific Use for single-family use with the 7,000 square feet average lot size and 6,000 square feet minimum lot size, Zoning Docket No. ZC-02-296, be continued until February 4, 2003. The motion carried unanimously. ZC-02-297 Mr. Garfield stated that he had received a letter from the applicant Continued Until requesting this case be continued until February 11, 2003. February 11, 2003 CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 25 of 30 Council Member Picht made a motion, seconded by Council Member Davis, that the application of James L. Brittain for a change in zoning of property located in the 10500 block of Crowley Road (FM 731) from "B" Two-Family, "CR" Low Density Multi- Family and "E" Neighborhood Commercial to "A-5" One-Family and "B" Two-Family, Zoning Docket No. ZC-02-297, be approved. The motion carried unanimously. ZC-02-298 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Charles Petrek for a change in zoning of property located at 9616 Camp Bowie West from "E" Neighborhood Commercial to "PD/1" Planned Development/ Specific Use for all uses in "I" Light Industrial, outside storage areas must be paved and screened with 6-foot fence, and waiver of site plan recommended, Zoning Docket No. ZC-02-298, be approved. The motion carried unanimously. ZC-02-300 It appeared that the City Council set today as the date for a hearing Ord. #15405 for Zoning Docket No. ZC-02-300, Text Amendment concerning Approved shelters. Mayor Barr asked if there was anyone present desiring to Text be heard. Amendment There being no one else present desiring to be heard in connection with the Text Amendment, Mayor Pro tempore McCloud, made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, that Zoning Docket No. ZC-02-300 be approved, and that the following ordinance be adopted: ORDINANCE NO. 15405 AN ORDINANCE AMENDING THE ZONING ORGINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY ADDING A DEFINITION FOR A "SHELTER"; AMENDING THE RESIDENTIAL AND NONRESIDENTIAL USE TABLES TO ADD "SHELTER" AS A PERMITTED USE IN "PD" PLANNED DEVELOPMENT DISTRICT; AMENDING THE USE INDEX TO ADD "SHELTER"; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 26 of 30 ZC-02-301 It appeared that the City Council set today as the date for a hearing Ord. #15406 for Zoning Docket No. ZC-02-301, Text Amendment concerning Approved accessory buildings. Mayor Barr asked if there was anyone Text present desiring to be heard. Amendment There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, that Zoning Docket No. ZC-02-301 be approved, and that the following ordinance be adopted: ORDINANCE NO. 15406 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 9, "DEFINITIONS" TO AMEND THE DEFINITIONS OF "ACCESSORY BUILDINGS" AND "GARAGE, PRIVATE" AND TO ADD A DEFINITION FOR "CARPORT/PORTE COCHERE"; TO AMEND SECTION 5.301 OF CHAPTER 5, ARTICLE 3, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR ACCESSORY BUILDINGS ON RESIDENTIAL LOTS; TO RENUMBER SECTIONS 5.301 THROUGH 5.305 OF CHAPTER 5, ARTICLE 3, "ACCESSORY USES"; TO AMEND CHAPTER 4, ARTICLE 7, "RESIDENTIAL DISTRICTS" TO ADD A REFERENCE TO THE SUPPLEMENTAL USE STANDARDS IN CHAPTER 5, ARTICLE 3, AND TO ADD A LIMITATION ON THE NUMBER OF GARAGES/CARPORTS IN RESIDENTIAL LOTS; TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE AND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE TO AMEND AND ADD REFERENCES TO THE SUPPLEMENTAL STANDARDS AND TO INDICATE WHEN A SPECIAL EXCEPTION IS REQUIRED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-03-026 Council Member Lane made a motion, seconded by Council SP-03-007 Member Moss, that the application of Fort Worth Sports Authority Approved for a change in zoning of property located at 3601 Highway 114 from "PD/215 and 232" and "AG" Agricultural to "PD/SU" Planned CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 27 of 30 Development/Specific Use and to amend Texas Motor Speedway to include all regulations under Ordinance Nos. 12627 and 12866, with site plan for race track and associated uses, Zoning Docket No. ZC- 03-026 and Site Plan No. SP-03-007, be approved. The motion carried unanimously. ZC-02-284 Mayor Pro tempore McCloud made a motion, seconded by Council SP-02-028 Member Haskin, that the application of the City of Fort Worth for a Approved change in zoning of various addresses as listed on attached Exhibit A from "CF" Community Facilities, "C" Medium Density Multi-Family, "E" Neighborhood Commercial, "J" Medium Industrial, "J/HSE" Medium Industrial/Highly Significant Endangered and "K" Heavy Industrial to "MU-2" High Intensity Mixed-Use "MU-2/HSE" High Intensity Mixed-Use/Highly Significant Endangered and "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed-Use plus shelters, with site plan at 1321 East Lancaster, Zoning Docket No. ZC-02-284 and Site Plan No. SP-02-028, be approved. The motion carried unanimously. ZC-02-284 Mayor Pro tempore McCloud made a motion, seconded by Council SP-02-028 Member Davis that the application of the City of Fort Worth for a Denied change in zoning located at 1404 East Presidio; from "K" Heavy Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-284 and Site Plan No. SP-02-028, be denied. The motion carried unanimously. SP-02-013 Council Member Wentworth made a motion, seconded by Council Denied Member Silcox, that the application of Terry's Ocean Containers for a change in zoning of property located at 2001 West Loop 820 North, site plan for storage of outside containers, Site Plan No. SP- 02-013, be denied. The motion carried unanimously. ZC-02-154 Council Member Wentworth made a motion, seconded by Council Denied Without Member Davis, that the application of Courtney Family Trust for a Prejudice change in zoning of property located at 104 and 106 Churchill Road and 4658 White Settlement Road from "E" Neighborhood Commercial to "I" Light Industrial, Zoning Docket No. ZC-02-154, be denied without prejudice. The motion carried unanimously. ZC-02-185 Council Member Silcox made a motion, seconded by Council Denied Without Member Picht, that the application of Land Rover, Ltd. for a change Prejudice in zoning of property located in the 2800-3050 block of Cherry Lane from "PD-57" Planned Development/Specific Use for all uses in CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 28 of 30 "ER" Neighborhood Commercial Restricted through "H" Central Business with various exceptions and development restrictions to "C" Medium Density Multi-Family, Zoning Docket No. ZC-02-185, be denied without prejudice. The motion carried unanimously. ZC-02-287 Mayor Pro tempore McCloud made a motion, seconded by Council SP-02-027 Member Davis, that the application of Amjad S. Babaa for a change Set for Special in zoning of property located in the 300 block of Rand Street from Hearing on "B" Two-Family and "E" Neighborhood Commercial to "PD/SU" February 4, 2003 Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus uses related to the establishment and operation of an auto diagnostics service facility and supporting uses, Zoning Docket No. ZC-02-287 and Site Plan No. SP-02-027, be set for a special hearing on February 4, 2003. (See Letter of Appeal). The motion carried unanimously. SP-03-004 Council Member Moss made a motion, seconded by Council Denied Without Member Davis, that the application of CentrePort Venture, Inc. for a Prejudice change in zoning of property located in the 14900 block of Frye Road, site plan for office, Site Plan No. SP-03-004, be denied without prejudice. The motion carried unanimously. Mayor Barr stated that citizen presentations would be heard at this time. Citizen Mr. Rick Flanagan, 1409 Avenue H, Grand Prairie, appeared before Presentations Council regarding the sweeper/scrubber bid for Fort Worth Convention Center. Mayor Barr requested that City Manager Jackson provide a report on the circumstances surrounding this issue and that a copy be provided to Mr. Flanagan. Council Member Silcox asked staff to provide a report explaining why a gasoline-powered machine was being used in an indoor facility. Recessed/ Mayor Barr recessed the meeting at 8:43 p.m. and reconvened it at Reconvened 8:58 p.m. Special Hearing It appeared that the City Council, at its meeting of December 17, ZC-02-271 2002, set today as the date for a special hearing of the application Approved of Beechwood Business Park Joint Venture for a change in zoning of property located at the southeast corner of State Highway 114 CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 29 of 30 and FM 156 from "K" Heavy Industrial to "R-2" Townhouse/Cluster Residential, "G" Intensive Commercial and "A-5" One-Family, Zoning Docket No. ZC-02-271 be approved. Mayor Barr asked if there was anyone present desiring to be heard. The following individuals appeared before Council in support of the zoning change: Don Dykstra, Mr. Don Dykstra 807 Potomac PI., Southlake, TX Dennis Hopkins, Represented Pulte Homes Leslie Sagar, Mr. H. Dennis Hopkins 6850 Manhattan Blvd. #406 Susan Mead Represented Beechwood Business Park Joint Venture Ms. Leslie Sagar 2190 Ottinger Rd., Keller, TX Leslie Sagar & Associates, LLC Ms. Susan Mead 201 Main St. Ste 600 Represented Jenkens & Gilchrist The following individuals appeared before Council in opposition of the zoning change: Dan Hagan, Mr. Dan Hagan 3016 Owenwood Dr. Michael Dimaria, Represented American Airlines Tim Ward, Mr. Michael C. Dimaria 2001 Worldwide Dr. James O'Neil, Represented FedEx Eddie Gossage, Mr. Tim Ward 2221 Alliance Blvd. Mike Berry Represented Alliance International Airport Mr. James J. O'Neil 2650 Lou Menk Dr. Represented Burlington Northern Santa Fe Railroad Mr. Eddie Gossage P. O. Box 500 Represented Texas Motor Speedway Mr. Mike Berry 6217 Genoa Rd. Represented AIL Investments, L.P. There being no one else present desiring to be heard in connection with the special hearing of the application of Beechwood Business Park Joint Venture, Council Member Lane made a motion, seconded by Council Member Davis, that the special hearing be closed and Zoning Docket No. ZC-02-271 be denied. Council Member Silcox made a substitute motion, seconded by Mayor Pro tempore McCloud, that the special hearing be closed and Zoning Docket No. ZC-02-271 be approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 2003 PAGE 30 of 30 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, and Picht NOES: Council Members Lane, Moss, Wentworth, and Davis ABSENT: None There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15407 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. Adjournment There being no further business, the meeting was adjourned at 10:55 P.M. &,�, J(-- ]�_A4 ze� CITY 7 ARY MAYOR