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HomeMy WebLinkAbout2003/09/09-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 9, 2003 Date & Time On the 9t" day of September 9, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:04 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, Frank Moss, Clyde Picht, John Stevenson, 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 Pastor Douglas Martin, Community Church of River Oaks. Pledge The Pledge of Allegiance was recited. Minutes City Attorney Yett stated that the minutes for the regular meeting of September 2, 2003 needed to be amended to reflect Deputy City Attorney Marcia Wise attending the meeting in his absence. On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of September 2, 2003, were approved as amended unanimously. Special Council Member Davis presented a Proclamation for Kohl's Cares Presentations for Kids Day. Council Member Lane presented a Proclamation for Mexican Independence Day. Council Member Moss presented a Proclamation for Prostate Cancer Awareness Month. Mayor Pro tempore McCloud presented a Proclamation for Parents, Family and Friends of Lesbians and Gays (PFLAG) Month. Council Member Haskin presented a Proclamation for Yellow Ribbon Week. Announcements City Secretary Pearson announced that Boy Scout Troop No. 326 was attending the Council meeting working on their Citizenship in the Community and Communication badges. Council Member Haskin presented each member with a City pin. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 2 of 30 Council Member Moss announced that a Health Fair would be held at Greater New Hope Baptist Church at Wilbarger and Wichita Streets, September 13, 2003, from 9:00 a.m. to 2:00 p.m. He added that blood test screenings would be made available to health fair attendees. Council Member Silcox provided an overview of the Capital Improvement Program (CIP) timeline for various submissions and reports and stressed the importance of citizen input on the upcoming bond program. He further stated that CIP meetings to receive citizen input would be held as follows: District 7: September 10, 2003 - Arlington Heights High School Library, 4501 West Freeway and also for the Far Northwest area September 17, 2003 - Boswell High School, 5805 Bailey Boswell Road District 9: September 11, 2003 - Travis Avenue Baptist Church South Complex, 717 West Berry Street District 3: September 18, 2003 - R. D. Evans Community Center, 3242 Lackland Road Council Member Lane announced that the National Tour of Vintage Aircraft would be held September 14, 2003, at Meacham International Airport and invited everyone to attend. Council Member Stevenson echoed Council Member Silcox's comments relative to scheduled CIP meetings. He added that the meetings were an opportunity for citizens to listen to the draft proposal, provide input, make statements, and receive clarification. He also encouraged citizens to attend the Jazz on the Boulevard festivities September 19-20, 2003, in the Cultural District. Mayor Moncrief announced that the Museum of Science and History would have the opening of the exhibit of the Smithsonian Remembrance of 911 at 7:15 a.m. September 11, 2003. He encouraged all citizens to visit the exhibit and reflect on what they were doing when the tragedy occurred. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14087 be continued for one week and M&C Staff Nos. G-14070 and L-13644 be withdrawn. Consent Agenda On motion of Council Member Davis, seconded by Council Member Silcox, the consent agenda was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 3 of 30 Appointments Mayor Moncrief requested Council's consideration to appoint Peter Lee Hinojosa to the Library Advisory Board. Council Member Davis made a motion, seconded by Council Member Stevenson, to appoint Peter Lee Hinojosa to the Library Advisory Board Place 1, effective September 9, 2003, and with a term expiring October 1, 2005. The motion carried unanimously. Council Member Haskin made a motion, seconded by Council Member Davis, to appoint the following individuals to the Fort Worth Commission for Women effective September 9, 2003, and with a term expiring October 1, 2004: NAME REPRESENTING Ms. Kim Dignum Women's Policy Forum Ms. Sharon Marshall Women's Haven Ms. Grace Breeze American Association of University Women Ms. Joy Thomas Delta Sigma Theta Dr. Juanita Orneles Hispanic Women's Network Shirley Hankins-Carlisle American Indian Chamber of Commerce Ms. Judy Wang Asian American Chamber of Commerce Ms. Treisha Light Tarrant County College/Women in New Roles Ms. Marcy Paul Texas Christian University Women's Resource Center Ms. Stephanie Bretlinger Junior League of Fort Worth, Inc. The motion carried unanimously. Council Member Haskin urged Council Members to provide nominations for appointment to the Tarrant Appraisal District of Tarrant County Board of Directors. She stated that the Government and Neighborhood Relations Committee would conduct interviews October 7, 2003, and that the resolution appointing the City's representative had to be adopted no later than October 14, 2003. Res. #2992 There was presented Resolution No. 2992 appointing Bob Hampton Appoint Bob to the Area Metropolitan Ambulance Authority Board, effective Hampton to Area September 9, 2003 and with a term expiring September 9, 2005. Metropolitan Council Member Haskin made a motion, seconded by Council Ambulance Member Davis, that the recommendation be adopted. The motion Authority Board carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 4 of 30 Res. #2993 There was presented Resolution No. 2993 appointing Jeff Appoint Jeff Wentworth to the Dallas-Fort Worth (D/FW) International Airport Wentworth to Board Place 7, effective September 9, 2003, and with a term D/FW expiring January 31, 2006, or until a successor is duly qualified and International appointed. Council Member Stevenson made a motion, seconded Airport Board by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. OCS-1371 There was presented Mayor and Council Communication No. OCS- Claims 1371 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. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 1 (Downtown) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-208, as follows: BH-208 There was presented Mayor and Council Communication No. BH- Ord. #15667 208 from the City Manager recommending that the City Council: Ord. #15668 PID #1 — 1. Hold a benefit hearing concerning the proposed property Downtown assessments for Fiscal Year 2003-2004 on September 9, 2003; and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15667 closing hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 1 during Fiscal Year 2003-2004; fixing charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 5 of 30 4. Adopt Appropriation Ordinance No. 15668 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $735,000.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 1. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 1 (Downtown) and levying of assessments for Fiscal Year 2003-2004, Council Member Davis made a motion, seconded by Council Member Stevenson, that the benefit hearing be closed and that Mayor and Council Communication No. BH-208 be adopted. The motion carried unanimously. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 10 (Expanded Downtown) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-209, as follows: BH-209 There was presented Mayor and Council Communication No. BH- Ord. #15669 209 from the City Manager recommending that the City Council: Ord. #15670 PID #10 — 1. Hold a benefit hearing on September 9, 2003, concerning the Expanded proposed property assessments for Fiscal Year 2003-2004; Downtown and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15669 closing hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 10 during Fiscal Year 2003-2004; fixing charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 6 of 30 4. Adopt Appropriation Ordinance No. 15670 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $36,300.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 10. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 10 (Expanded Downtown) and levying of assessments for Fiscal Year 2003-2004, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the benefit hearing be closed and that Mayor and Council Communication No. BH-209 be adopted. The motion carried unanimously. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 6 (Park Glen Area) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-210, as follows: BH-210 There was presented Mayor and Council Communication No. BH- Ord. #15671 208 from the City Manager recommending that the City Council: Ord. #15672 PID #6 — Park 1. Hold a benefit hearing on September 9, 2003, concerning the Glen Area proposed property assessments for Fiscal Year 2003-2004; and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15671 closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 6 during Fiscal Year 2003-2004; setting charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 7 of 30 4. Adopt Appropriation Ordinance No. 15672 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $1,185,047.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 6. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 6 (Park Glen Area) and levying of assessments for Fiscal Year 2003-2004, Council Member Haskin made a motion, seconded by Council Member Lane, that the benefit hearing be closed and that Mayor and Council Communication No. BH-210 be adopted. The motion carried unanimously. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 7 (Heritage Area) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-211, as follows: BH-211 There was presented Mayor and Council Communication No. BH- Ord. #15673 211 from the City Manager recommending that the City Council: Ord. #15674 PID #7 — 1. Hold a benefit hearing concerning the proposed property Heritage Area assessments for Fiscal Year 2003-2004 on September 9, 2003; and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15673 closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 7 during Fiscal Year 2003-2004; setting charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 8 of 30 4. Adopt Appropriation Ordinance No. 15674 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $196,394.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 7. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 7 (Heritage Area) and levying of assessments for Fiscal Year 2003-2004, Council Member Haskin made a motion, seconded by Council Member Silcox, that the benefit hearing be closed and that Mayor and Council Communication No. BH-211 be adopted. The motion carried unanimously. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 8 (Camp Bowie) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-212, as follows: BH-212 There was presented Mayor and Council Communication No. BH- Ord. #15675 212 from the City Manager recommending that the City Council: Ord. #15676 PID #8 — Camp 1. Hold a benefit hearing concerning the proposed property Bowie assessments for Fiscal Year 2003-2004 on September 9, 2003; and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15675 closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 8 during Fiscal Year 2003-2004; setting charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 9 of 30 4. Adopt Appropriation Ordinance No. 15676 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $240,000.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 8. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 8 (Camp Bowie) and levying of assessments for Fiscal Year 2003-2004, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the benefit hearing be closed and that Mayor and Council Communication No. BH-212 be adopted. The motion carried unanimously. Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 11 (Stockyards) and levying of assessments for Fiscal Year 2003-2004. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. BH-213, as follows: BH-213 There was presented Mayor and Council Communication No. BH- Ord. #15677 213 from the City Manager recommending that the City Council: Ord. #15578 PID #11 — 1. Hold a benefit hearing concerning the proposed property Stockyards assessments for Fiscal Year 2003-2004 on September 9, 2003; and 2. Close the benefit hearing; and 3. Adopt Ordinance No. 15677 closing the hearing and levying assessments for the cost of certain improvements and/or services provided in Fort Worth Public Improvement District No. 11 during Fiscal Year 2003-2004; setting charges and liens against property in the district and against the owners thereof; providing for the collection of such assessments; reserving unto the City Council the right to allow credits reducing the amount of the respective assessment to the extent of any credit granted; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 10 of 30 4. Adopt Appropriation Ordinance No. 15678 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $35,200.00 from available funds for the purpose of providing Fiscal Year 2003-2004 funding for Improvement District No. 11. There being no one else present desiring to be heard in connection with the benefit hearing for adoption of an appropriation ordinance for Fort Worth Public Improvement District No. 11 (Stockyards) and levying of assessments for Fiscal Year 2003-2004, Council Member Lane made a motion, seconded by Council Member Haskin, that the benefit hearing be closed and that Mayor and Council Communication No. BH-213 be adopted. The motion carried unanimously. G-14070 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G- 14070, dated August 26, 2003, Adoption of Resolutions Requesting that the Regional Transportation Council Support Certain Projects through Partnership Programs No. 1 and No. 2, be withdrawn. G-14082 There was presented Mayor and Council Communication No. G- Ord. #15679 14082 from the City Manager recommending that the City Council: Ord. #15680 Ord. #15681 1. Adopt Appropriation Ordinance No. 15679 appropriating Reconciliation of $9,015.54 in the Water and Sewer Fund and decreasing the Funds for Unreserved Undesignated Retained Earnings by the same Recovery Efforts amount for the purpose of transferring said funds to the Related to Storm Grants Fund to meet matching revenue requirements of March 28,2000 related to recovery from the storm of March 28, 2000; and 2. Adopt Appropriation Ordinance No. 15680 appropriating $52,296.46 in the Solid Waste Fund and decreasing the Unreserved Undesignated Retained Earnings by the same amount for the purpose of transferring said funds to the Grants Fund to meet matching revenue requirements related to recovery from the storm of March 28, 2000; and 3. Adopt Appropriation Ordinance No. 15681 appropriating $338,735.04 in the General Fund and decreasing the Unreserved Undesignated Fund balance by the same amount for the purpose of transferring said funds to the Grants Fund to meet matching revenue requirements related to recovery from the storm of March 28, 2000; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 11 of 30 4. Approve a transfer to the Grants Fund in the amount of $338,735.04 from the General Fund, $9,015.54 from the Water and Sewer Fund, and $52,296.46 from the Solid Waste Fund. It was the consensus of the City Council that the recommendation be adopted. G-14083 There was presented Mayor and Council Communication No. G- Ord. #15682 14083 from the City Manager recommending that the City Council Grant of adopt Appropriation Ordinance No. 15682 appropriating Privilege $1,270,610.00 in the Solid Waste Fund and decreasing Retained Revenue for Earnings by the same amount for the purpose of transferring said Street funds to the General Fund for street maintenance; and approve a Maintenance transfer from the Solid Waste Fund to the General Fund in the amount of $1,270,610.00 for the purpose of funding street maintenance. It was the consensus of the City Council that the recommendation be adopted. G-14084 There was presented Mayor and Council Communication No. G- Dismissal of 14084 from the City Manager recommending that the City Council Counter-Suit — authorize the City Attorney to enter into mutual dismissals of the One Trinity lawsuit styled One Trinity Garden, Inc. and Two Trinity Garden, Inc. Garden, Inc. & vs. the City of Fort Worth, Texas, and the Building Standards Two Trinity Commission (BSC) of the City of Fort Worth, Texas, to facilitate a Garden, Inc. vs. sale of the property owned by One Trinity Garden, Inc. and Two City of Fort Trinity Garden, Inc. It was the consensus of the City Council that Worth & BSC of the recommendation be adopted. City of Fort Worth, Texas G-14085 There was presented Mayor and Council Communication No. G- Ord. #15683 14085 from the City Manager recommending that the City Council Donation for accept a donation of $2,500.00 from the Sid Richardson Foundation Bottle Bounty for the Bottle Bounty Program; and adopt Appropriation Ordinance Program No. 15683 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $2,500.00 from increased revenues for the purpose of funding the Bottle Bounty Program. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 12 of 30 G-14086 There was presented Mayor and Council Communication No. G- Reallocation of 14086 from the City Manager recommending that the City Council: HOME & CDBG Funds & Rental 1. Reallocate $1,402,218.00 in HOME funds to the Fort Worth Rehabilitation Housing Finance Corporation (FWHFC) for the Fort Worth Program Income Housing Development Fund (FWHDF); and for FWHDF & Federal National 2. Reallocate $300,000.00 in Community Development Block Mortgage Grant (CDBG) Program Income and $200,000.00 in Rental Association Line Rehabilitation Program Income to provide City guarantee of Credit for a Federal National Mortgage Association (Fannie Mae) line of credit of $2,000,000.00; and 3. Authorize the City Manager to execute a financial service agreement with the FWHFC in the amount not to exceed $1,402,218.00 for the FWHDF; and 4. Authorize the City Manager to amend such agreement, if necessary, to achieve program goals, provided that the amendment is within the scope of the FWHDF and in compliance with applicable laws and regulations. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14087 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14087, Adoption of Public Art Master Plan One Week Prepared by the Arts Council of Fort Worth and Tarrant County for Management of the Public Art Program, be continued for one week. P-9847 There was presented Mayor and Council Communication No. P- Anhydrous 9847 from the City Manager recommending that the City Council Ammonia authorize a purchase agreement for anhydrous ammonia with DPC Industries, Inc. through Texas Procurement Center for the Water Department based on the low bid of $413.03 per ton meeting specifications, with freight included in the unit price and payment is due 30 days after receipt of invoice; and confirm the purchase of anhydrous ammonia during the interim period of LaRoche Industries in the amount of $53,200.00; and authorize this agreement to begin September 9, 2003, and expire on September 8, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 13 of 30 P-9848 There was presented Mayor and Council Communication No. P- Road Service 9848 from the City Manager recommending that the City Council Tire Repair authorize a purchase agreement for road service tire repair with Big Dave's Service Center for the Equipment Services Department. Prices will be based on the low bid of unit prices and payment is due 30 days from the date the invoice is received; and authorize this agreement to begin September 9, 2003, and expire on September 8, 2004, with options to renew for four additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9849 There was presented Mayor and Council Communication No. P- Pump Control 9849 from the City Manager recommending that the City Council Valve authorize the purchase of a 24-inch pump control valve from Municipal Valve and Equipment through Texas Procurement Center for the Water Department at a cost not to exceed $32,445.00 with payment due within 30 days of the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9850 There was presented Mayor and Council Communication No. P- Microsoft 9850 from the City Manager recommending that the City Council Licenses authorize the purchase of Microsoft Licenses from Software House International using the State of Texas Department of Information Resource contract for the Information Technology Solutions Department at an estimated cost of $265,100.00. It was the consensus of the City Council that the recommendation be adopted. L-13637 There was presented Mayor and Council Communication No. L- Permanent 13637 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as A-1455, Eli W. Shriver Survey, Tarrant County, Texas, from Beach/Tarrant Parkway, Ltd. needed for future construction and maintenance of utilities and is located south of North Tarrant Parkway, east of Beach Street (DOE 3943), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13638 There was presented Mayor and Council Communication No. L- Pipeline License 13638 from the City Manager recommending that the City Council Agreement authorize the City Manager to execute a pipeline lease agreement with Cemex, Inc., a Louisiana-based corporation, for the construction of a 10-inch sanitary sewer pipeline under railroad CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 14 of 30 tracks at Line Segment 7500, Milepost .44, Northwest Tarrant County (DOE 3883), for a one-time total cost of $10.00; and consent to construct sewer line agreement with Cemex, Inc. and Centex Homes, a Nevada general partnership. It was the consensus of the City Council that the recommendation be adopted. L-13639 There was presented Mayor and Council Communication No. L- Sale of Surplus 13639 from the City Manager recommending that the City Council Tax Foreclosed approve the sale of two surplus tax foreclosed properties located Properties at 2726 Chesser Boyer Road to Linda L. Atkins and 3225 East Lancaster Avenue to Linda L. Atkins and John M. Moore in accordance with Section 272.001 of the Texas Local Government Code for a total of $33,636.00; and authorize the City Manager to execute the appropriate deeds conveying the properties to the high bidder complying with the bid specifications and requirements. It was the consensus of the City Council that the recommendation be adopted. L-13640 There was presented Mayor and Council Communication No. L- Permanent 13640 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement & needed to construct drainage facilities and one public open space Public Open easement necessary to restrict the placement of structures, plants Space Easement or objects that may obstruct a motorist's vision described as A- 464, L. J. Edwards Survey, Tarrant County, Texas, from Edwards Geren Limited for property located at the intersection of Bryant Irvin Road and Bellaire Drive, south of Bellaire Drive and east of Bryant Irvin Road (DOE 3996) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13641 There was presented Mayor and Council Communication No. L- Permanent 13641 from the City Manager recommending that the City Council Drainage approve the acceptance of a permanent drainage easement Easement described as A-999, W. M. McCowan Survey, Tarrant County, Texas, from Fellowship of the Parks needed to construct and maintain storm drainage facilities for property located north of Heritage Trace Parkway and west of North Beach Street (DOE 3951) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13642 There was presented Mayor and Council Communication No. L- Pipeline License 13642 from the City Manager recommending that the City Council Agreement authorize the City Manager to enter into a 25-year pipeline license CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 15 of 30 agreement with the Burlington Northern and Santa Fe Railway Company for construction of an 18-inch sanitary sewer pipeline at Mile Post 335.71 at the intersection of North Crowley-Cleburne Road in Southwest Fort Worth (DOE 4073) for a cost of $3,500.00, which includes a $1,000.00 charge for participation in the licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. L-13643 There was presented Mayor and Council Communication No. L- Pipeline License 13643 from the City Manager recommending that the City Council Agreement authorize the City Manager to enter into a 25-year term pipeline license agreement with the Burlington Northern and Santa Fe Railway Company for Water Main Replacement Contract MWR 2003F near Downtown Fort Worth (DOE 4016) for a cost of $3,500.00, which includes a $1,000.00 charge for participation in the licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. L-13644 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13644, Authorize the Conveyance of One Permanent Utility Easement to Oncor Electric Delivery Company for Installation of Underground Electrical Service to Serve Seminary Hills Park Elementary School in South Fort Worth (DOE 3944), be withdrawn. PZ-2499 There was presented Mayor and Council Communication No. PZ- Establish 2499 from the City Manager recommending that the City Council Timetable for approve the annexation timetable for the proposed voluntary Voluntary annexation of 109.07 acres of land located north of Westport Annexation of Parkway, south of Tarrant/Denton County Line, east of Old Denton 109.07 Acres Road and west of Beach Street North (Annexation Case No. AX-03- Located North of 0005, Powell Property) in compliance with the requirements of Westport Chapter 43 of the Local Government Code of the State of Texas; Parkway, South and direct staff to prepare a service plan that provides for the of Tarrant/ extension of full municipal services to the annexation area. Denton County Council Member Davis made a motion, seconded by Council Line, East of Old Member Stevenson, that the recommendation be adopted. The Denton Road & motion carried unanimously. West of Beach Street North (Powell Property) AX-03-0005 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 16 of 30 PZ-2500 There was presented Mayor and Council Communication No. PZ- Heard with 2500 from the City Manager recommending that the City Council Zoning Docket institute and consider adopting an ordinance declaring certain No. ZC-03-194 findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of a certain 156.879 acres (.24 square miles) of land, more or less, being a tract of land situated in the Jose Chirino Survey, Abstract no. 265, City of Fort Worth, Tarrant County, Texas, and being a portion of that tract of land as described by deed to Frederic Floren, Trustee, Tarrant County, Texas (Case No. AX-03-0006), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. City Attorney Yett stated that Council should consider this M&C with Zoning Docket No. ZC-03-194, as the two were related. C-19740 There was presented Mayor and Council Communication No. C- Ord. #15684 19740 from the City Manager recommending that the City Council Modification of authorize the City Manager to accept a modification to the Fiscal Fair Year 2003 Fair Employment Practice Agency Agreement between Employment the Fort Worth Human Relations Commission (FWHRC) and the Practice Agency U.S. Equal Employment Opportunity Commission (EEOC) to allow Agreement receipt of additional funds, if awarded, in the amount of up to Between $6,500.00; and adopt Appropriation Ordinance No. 15684 FWHRC & U.S. increasing estimated receipts and appropriations in the Grants EEOC Fund in an amount up to $6,500.00, subject to receipt of the funds, for the purpose of funding the modification of the Fair Employment Practice Agency Agreement between the Human Relations Commission and the U.S. Equal Employment Opportunity Commission. It was the consensus of the City Council that the recommendation be adopted. C-19741 There was presented Mayor and Council Communication No. C- Ord. #15685 19741 from the City Manager recommending that the City Council Reimbursement authorize the City Manager to execute a Fair Housing Assistance from Fair Housing program, Cooperative Agreement between the Fort Worth Human Assistance Relations Commission (FWHRC) and the U.S. Department of Program, Housing and Urban Development (HUD) and accept funds in the Cooperative Agreement amount of $476,604.00; and adopt Appropriation Ordinance No. Between FWHRC 15685 increasing estimated receipts and appropriations in the & HUD Grants Fund in the amount of $476,604.00 from available funds, for CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 17 of 30 the purpose of funding a Fair Housing Assistance Program, Cooperative Agreement between the Fort Worth Human Relations Commission and the U.S. Department of Housing and Urban Development. It was the consensus of the City Council that the recommendation be adopted. C-19742 There was presented Mayor and Council Communication No. C- Amendment #1 — 19742 from the City Manager recommending that the City Council AUI Contractors, approve the execution of Amendment No. 1 to a professional LP services agreement with AUI Contractors, LP for project analyses for four sites for the location of Citizen Drop-off Stations for a total additional fee of $11,930.00 and increasing the agreement to $35,140.00. It was the consensus of the City Council that the recommendation be adopted. C-19743 There was presented Mayor and Council Communication No. C- C. Green 19743 from the City Manager recommending that the City Council Scaping, LP authorize the City Manager to execute a contract with C. Green Scaping, LP in the amount of $171,600.00 for 90 working days for brick pavement repair at various locations. It was the consensus of the City Council that the recommendation be adopted. C-19744 There was presented Mayor and Council Communication No. C- Westhill 19744 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Westhill Inc. Construction, Inc. in the amount of$489,957.50 for 60 working days for Concrete Restoration (2003-24) at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19745 There was presented Mayor and Council Communication No. C- Framatome ANP 19745 from the City Manager recommending that the City Council DE&S authorize the City Manager to exercise the option to renew the contract with Framatome ANP DE&S for consulting/engineering services for the Fire Department to begin October 1, 2003, and expire September 30, 2004, at an annual cost not to exceed $80,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19746 There was presented Mayor and Council Communication No. C- Amendment to 19746 from the City Manager recommending that the City Council CSC #28148 — authorize the City Manager to execute an amendment to City North Central Secretary Contract No. 28148 with the North Central Texas Council Texas Council of of Governments for the period of October 1, 2003, through Governments September 30, 2004. The amendment specifies the City of Fort CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 18 of 30 Worth's cost share for administrative and implementation assistance as part of the regional storm water management program is $15,100.00 during FY2003-2004. It was the consensus of the City Council that the recommendation be adopted. Budget Hearing It appeared that the City Council set today as the date for the continuation of a hearing in connection with the proposed Fiscal Year 2003-2004 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the proposed Fiscal Year 2003-2004 Appropriation Ordinance and Ad Valorem Ordinance, Council Member Davis made a motion, seconded by Council Member Haskin, that the budget hearing be closed. The motion carried unanimously. Adopt 2003 Tax Council Member Davis introduced Ordinance No. 15686 providing Rate for the levy and collection of an annual ad valorem tax on all Ord. #15686 property, real, personal and mixed, situated within the territorial limits of the City of Fort Worth, Texas, and all personal property owned in said City of Fort Worth, Texas, on the first day of January, A.D., 2003, except such property as may be exempt from taxation by the constitution and laws of the State of Texas, and made a motion to adopt the ordinance levying taxes and setting the tax rate for 2003 at $0.6799 for maintenance and operation and $0.1851 for debt service, seconded by Council Member Stevenson. The motion carried unanimously. Adopt Budget Council Member Davis made a motion, seconded by Council Ord. #15636 Member Stevenson, that Ordinance No. 15636 establishing appropriations for the 2003-2004 Fiscal Year, be adopted on second and final reading. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Voluntary public hearing for the proposed voluntary annexation of Annexation of approximately 59.047 acres of land located north of Keller Haslet 59.047 Acres Road (County Road 4042), south of Wesport Parkway, east of Located North of Caylor Road and west of Old Denton Road (Annexation Case No. Keller Haslet AX-02-0009). Mayor Moncrief asked if there was anyone present Road (County Road 4042), South desiring to be heard. of Wesport Ms. Cathy Davidson, representing the Development Department, Parkway, East of appeared before Council regarding the voluntary annexation and Caylor Road & explained the service plan, gave a staff report and advised Council West of Old that staff should be directed to public notice setting September 23, Denton Road AX-03-0009 2003, as the second public hearing. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 19 of 30 There being no one present desiring to be heard in connection with the public hearing for the proposed voluntary annexation of approximately 59.047 acres of land located north of Keller Haslet Road (County Road 4042), south of Wesport Parkway, east of Caylor Road and west of Old Denton Road (Annexation Case No. AX-02-0009), Council Member Davis made a motion, seconded by Council Member Lane, that the public hearing be closed and that staff publish notice setting September 23, 2003 as the second public hearing. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Voluntary public hearing for the proposed voluntary limited purposes Limited annexation of approximately 7,257 acres of land located north of Purposes IH-30 south to IH-20, south of IH-20, east of Farmer Road and west Annexation of of the Waste Management site and Lost Creek Ranch Subdivision, 7,257 Acres Parker and Tarrant Counties (Annexation Case No. AX-02-0010) Located North of (Walsh Ranch). Mayor Moncrief asked if there was anyone present IH-30 South to desiring to be heard. IH-20, South of IH-20, East of Ms. Cathy Davidson, representing the Development Department, Farmer Road & appeared before Council regarding the voluntary limited purposes West of Waste annexation and explained the service plan, gave a staff report and Management advised Council that staff should be directed to public notice Site & Lost setting September 23, 2003, as the second public hearing. Creek Ranch Subdivision, There being no one present desiring to be heard in connection with Parker & Tarrant the public hearing for the proposed voluntary limited purposes Counties (Walsh annexation of approximately 7,257 acres of land located north of Ranch) IH-30 south to IH-20, south of IH-20, east of Farmer Road and west AX-03-0010 of the Waste Management site and Lost Creek Ranch Subdivision, Parker and Tarrant Counties (Annexation Case No. AX-02-0010) (Walsh Ranch), Council Member Silcox made a motion, seconded by County Member Davis, that the public hearing be closed and that staff publish notice setting September 23, 2003, as the second public hearing. The motion carried unanimously Regular Zoning It appeared to the City Council that Resolution No. 2983 was Hearing adopted on August 19, 2003, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on August 21, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 20 of 30 ZC-03-118 Reverend Sam Hugie, 4705 Melinda Drive, appeared before Council Approved in support of the zoning change. He provided Council with a Sam Hugie description of the parking layout for the church. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Christian Crusade for Christ for a change in zoning of property located at 5183 011ie Street from "ER" Neighborhood Commercial Restricted and "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for a church and a mortuary/funeral home as accessory use, with waiver of site plan recommended, Zoning Docket No. ZC-03-118, be approved. The motion carried unanimously. ZC-03-121 Council Member Lane made a motion, seconded by Council SP-03-024 Member Moss, that the application of Whan Y. Ro for a change in Approved zoning of property located at 1220, 1222 and 1224 Circle Park Boulevard from "C" Medium Density Multi-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus coin operated laundry and donut shop, with additional restrictions, Zoning Docket No. ZC-03-121 and Site Plan No. SP-03-024, be approved. The motion carried unanimously. ZC-03-124 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of SHG Land Investments of Fort Worth for a change in zoning of property located at the northwest corner of Oak Grove Road and Country Road 1004 from "B" Two-Family, "C" Medium Density Multi-Family and "I" Light Industrial to "A-5" One-Family and "PD/SU" Planned Development/Specific Use for all uses in "A-7.5" One-Family, with additional restrictions, and with waiver of site plan recommended, Zoning Docket No. ZC-03-124, be approved. The motion carried unanimously. ZC-03-136 Council Member Haskin inquired if this facility was a legal SP-03-025 nonconforming use and expressed concern with landscaping Approved requirements. Mr. John Garfield, representing the Development Department, stated that the operation of the facility was being expanded and that there was illegal operation at the facility that did not conform to zoning regulations. He added that this zoning change would bring them up to conformance and that they would have to conform to landscaping regulations. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 21 of 30 Steve Waters Mr. Steve Waters, 601 N. Sylvania, representing Reddy Ice, appeared before Council in support of the zoning change. He stated that the location is considered to be split zoning and that the company was attempting to correct that issue. He added that they had reached an agreement with residents of the local neighborhood association to construct an 8-foot wood fence around the facility, move the entrance from Sylvania Avenue to Grace Avenue, and landscape the entire property fronting Sylvania Avenue. He requested Council's favorable consideration. Janice Michel Ms. Janice Michel, 2115 Primrose Avenue, appeared before Council in support of the zoning change. She stated that the applicant had addressed all the concerns raised by the neighborhood association and requested Council's favorable consideration. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Packaged Ice by Reddy Ice for a change in zoning of property located at 500 North Sylvania Avenue and 501 Grace Avenue from "B" Two-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial and continuing use of an ice distribution facility with related outdoor storage and parking, and no additional signage is permitted, Zoning Docket No. ZC-03-136 and Site Plan No. SP-03-025, be approved. The motion carried unanimously. ZC-03-141 Mayor Pro tempore McCloud stated that he had received a request Denied Without from the applicant that this zoning case be denied without Prejudice prejudice and made a motion, seconded by Council Member Davis, that the application of Claudio C. Carrizal for a change in zoning of property located at 2521 Lawnwood Street from "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. ZC-03-141, be denied without prejudice. The motion carried unanimously. ZC-03-142 It appeared that the City Council, at its meeting of August 12, 2003, Continued Until continued the hearing of the application of the Manhattan Apts. October 14, 2003 Partnership for a change in zoning of property located east of the 6900 block of Manhattan Boulevard from "E" Neighborhood Commercial to "B" Two-Family, Zoning Docket No. ZC-03-142. Mayor Moncrief asked if there was anyone present desiring to be heard. Kathleen Ms. Kathleen Hamwai, 7021 Greenview Circle North, appeared Hamwai before Council in support of the zoning change. She expressed a desire for Council to resolve this case at their earliest opportunity as it had been continued twice previously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 22 of 30 Tim Hess Mr. Tim Hess, 7025 Greenview Circle North, appeared before Council in support of the zoning change. Myrna Ball Ms. Myrna Ruth Ball, 6951 Sandybrook Drive, appeared before Council in opposition of the zoning change. She expressed concern with more apartment complexes being constructed even though a large amount of vacancies already exist in various areas throughout the City. She added that rental costs were too high, especially for senior citizens, and apartment complexes could not attract residents even with incentives. There being no one else present desiring to be heard in connection with the application of the Manhattan Apts. Partnership, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-142 be continued until October 14, 2003. The motion carried unanimously. ZC-03-149 Council Member Haskin expressed concern with putting "I" Light Approved Industrial zoning next to single-family residential. She asked if a provision could be added to ensure a buffer yard being required should an "I" Light Industrial use be constructed before any residential construction begins. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He stated that the request for "I" Light Industrial zoning was voluntarily amended to "PD/SU" Planned Development/ Specific Use for all uses in "F" General Commercial with some certain additional uses such as a low grade interior type of use for a business park, but excluded some uses permitted in "F" General Commercial such as bars, taverns, sexual oriented businesses, and auto repair facilities. He stated that a provision such as that recommended by Council Member Haskin could be added. Mr. Garfield stated that because of the current use, the City looked at this property as being industrial. He added that the requirements of a screen fence, buffer yard, and also a 50 foot supplemental setback would be required on any development whether industrial development occurs first or residential development occurs first, and that it was the zoning that required a screening and buffer yard and supplemental setback. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 23 of 30 Council Member Stevenson made a motion, seconded by Council Member Silcox, that the application of Will A. Courtney for a change in zoning of property located north of Bailey-Boswell Road and east of Wagley Robertson Road from "AG" Agricultural to "A- 5" One-Family, "E" Neighborhood Commercial and "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial, with exceptions, plus additional uses relating to assembly and manufacturing, printing and publishing, warehouses, storage yards, and furniture repair and construction, with waiver of site plan recommended, Zoning Docket No. ZC-03- 149, be approved. The motion carried unanimously. ZC-03-185 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1124 Galveston Avenue from "D" High Density Multi-Family to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-03-185, be approved. The motion carried unanimously. ZC-03-187 Mr. Richard McMullin, 2829 Liverpool, appeared before Council in Denied support of the zoning change. He stated that his farmer's market Richard would bring more business to the downtown area on Jones McMullin between 12th and 13th streets. He stated that the Rail Market would benefit from his farmer's market and requested Council favorably consider his request. James Toal Mr. James Toal, 500 W. 7th Street, appeared before Council in opposition of the zoning change. He expressed concern with expanding the zoning to accommodate the farmer's market and requested Council deny the zoning change or return the case to the Zoning Commission for reconsideration. Pat Remington Mr. Pat Remington, 1000 Ballpark Way, Suite 300, Arlington, Texas, representing the Tarrant County Bar Association, appeared before Council in opposition of the zoning change. He stated that a farmer's market was an incompatible use for this area and that the appropriate place would be in the Rail Market. He requested Council deny the zoning change. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the application of Richard McMullin for a change in zoning of property located in the 1300 block of Jones Street from "H" Central Business District to "PD/SU" Planned Development/Specific Use for all uses in "H" Central Business CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 24 of 30 District plus a farmer's market, with waiver of site plan recommended, Zoning Docket No. ZC-03-187, be denied. The motion carried unanimously. ZC-03-189 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of Ed Teeples for a change in zoning of property located at 3710, 3712 and 3714 Clinton Avenue from "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. ZC-03-189, be approved. The motion carried unanimously. ZC-03-191 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of BKX, Ltd. for a change in zoning of property located at 409 North Henderson from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-03-191, be approved. The motion carried unanimously. ZC-03-192 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Zena Land Development for a change in zoning of property located in the 1200 block of Grand National Boulevard from "D" High Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-03-192, be approved. The motion carried unanimously. ZC-03-193 Council Member Davis made a motion, seconded by Council Denied Member Silcox, that the application of Ozymandius, L.P. for a change in zoning of property located at 604 Main Street and 605 Houston Street from "H/HC" Central Business District/Historic and Cultural Landmark to "H/HSE" Central Business District/Highly Significant Endangered, Zoning Docket No. ZC-03-193, be denied. The motion carried unanimously. ZC-03-194 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Frederik Floren, Trustee for a change in zoning of property located south of the 4800 block of Keller Haslet Road and west of 12500 Katy Road from Unzoned to "A-5" One-Family, Zoning Docket No. ZC-03-194, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 25 of 30 PZ-2500 There was presented Mayor and Council Communication No. PZ- Ord. #15687 2500 from the City Manager recommending that the City Council Annexation for institute and consider the adoption of Ordinance No. 15687 Full Purposes of declaring certain findings; providing for the extension of certain 156.879 Acres boundary limits of the City of Fort Worth; providing for the Located North of annexation of a certain 156.879 acres (.24 square miles) of land, North Oak more or less, being a tract of land situated in the Jose Chirino Subdivision, Survey, Abstract no. 265, City of Fort Worth, Tarrant County, South of Keller- Texas, and being a portion of that tract of land as described by Haslet-Roanoke deed to Frederic Floren, Trustee, Tarrant County, Texas (Case No. Road, East of AX-03-0006), which said territory lies adjacent to and adjoins the Caylor Street & present corporate boundary limits of Fort Worth, Texas; providing West of Keller that the territory annexed shall bear its pro rata part of taxes; City Limits providing that the inhabitants thereof shall have all the privileges (Floren of all the citizens of Fort Worth, Texas; providing that this Property) ordinance shall amend every prior ordinance in conflict herewith. AX-03-0006 Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-03-195 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of LARS Alliance for a change in zoning of property located in the 10000 block of Harmon Road from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. ZC-03-195, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None ZC-03-196 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Keo Bailey for a change in zoning of property located at 3104 Frazier Avenue from "E" Neighborhood Commercial to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-03-196, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 26 of 30 ZC-03-197 Council Member Picht made a motion, seconded by Council SP-03-026 Member Silcox, that the application of the City of Fort Worth for a Approved change in zoning of property located east of 8800 block of McCart Avenue from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for a water booster pump station and ground storage reservoir, Zoning Docket No. ZC-03-197 and Site Plan No. SP-03-026, be approved. The motion carried unanimously. ZC-03-198 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth Planning Department for a change in zoning of property located in portions of the 300 block of North Cummings Street, 600, 800 and 900 blocks of East Bluff Street, and 200 and 300 blocks of Elm Street from "D" High Density Multi-Family, "E" Neighborhood Commercial and"J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in the "H" Central Business District, with exceptions, with waiver of site plan recommended, Zoning Docket No. ZC-03-198, be approved. The motion carried unanimously. ZC-03-199 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth Planning Department for a change in zoning of property located in portions of the 400 block of North Cummings Street, 400-700 blocks of East Bluff Street and 500 and 600 blocks of Samuels Avenue from "D" High Density Multi-Family, "J" Medium Industrial, and "0-1" Floodplain to "PD/SU" Planned Development/Specific Use for all uses in "H" Central Business District, with exceptions and height and development restrictions, with waiver of site plan recommended, Zoning Docket No. ZC-03-199, be approved. The motion carried unanimously. ZC-03-202 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of James Rust for a change in zoning of property located at 2300 Grace Street from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-202, be approved. The motion carried unanimously. ZC-03-203 Mr. Bob Riley, Development Director, stated that the zoning map SP-03-028 that was part of the Council packet was in error. He added the map Approved reflected the "PD/AR" zoning as being along the shoreline and the balance of the property being "A-5". However, the map should be revised to reflect the "A-5" zoning along the shoreline (13.526 acres) and the balance of the zoning request to be "PD/AR" (36.735 acres). CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 27 of 30 Council Member Moss made a motion, seconded by Council Member Silcox, that the application of Waterview Estates, L.P. for a change in zoning of property located at the southeast corner of Kay Street and Sun Valley Drive from "C" Medium Density Multi- Family to "A-5" One-Family and "PD/SU" Planned Development/ Specific Use for "AR" Residential with 40-foot lots with 5-foot side yards, with site plan for one-family residences, Zoning Docket No. ZC-03-203 and Site Plan No. SP-03-028, be approved, as amended. The motion carried unanimously. ZC-03-205 Council Member Stevenson made a motion, seconded by Council SP-03-029 Member Davis, that the application of Christ Chapel Bible Church Approved by Dunaway Associates, Inc. for a change in zoning of property located at 3721-3727 Birchman Avenue and 3724-3744 Calmont Avenue from "PD/485" Planned Development for church, parking and accessory buildings and "B" Two-Family to "PD/SU" Planned Development/Specific Use for church parking and church accessory building, Zoning Docket No. ZC-03-205 and Site Plan SP- 03-029, be approved. The motion carried unanimously. ZC-03-208 Council Member Lane made a motion, seconded by Council SP-03-030 Member Picht, that the application of Ana Molina for a change in Approved zoning of property located at 1724 North Sylvania from "PD/178" for inside contractor's storage yard and "A-5" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus inside contractor storage and a fellowship hall associated with a place of worship, Zoning Docket No. ZC-03-208 and Site Plan No. SP-03-030, be approved. The motion carried unanimously. ZC-03-209 Council Member Stevenson made a motion, seconded by Council SP-03-031 Member Silcox, that the application of Ricky Seely and Suzanna Approved Bryan for a change in zoning of property located at 4008 and 4012 Ohio Garden Road from "B" Two-Family and "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial plus recreational vehicle park, Zoning Docket No. ZC-03- 209 and Site Plan No. SP-03-031, be approved. The motion carried unanimously. ZC-03-200 Council Member Davis made a motion, seconded by Council Approved/ Member Stevenson, that the application of Wide Open Spaces for a Denied Without change in zoning of property located below from "A-5" One-Family, Prejudice "D" High Density Multi-Family, and "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in the "H" CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 28 of 30 Central Business District, with exceptions and development and height restrictions, Zoning Docket No. ZC-03-200, be approved/denied, as follows: Approved: Portions of the 400-600 blocks of Grant Avenue, 300-600 blocks of Samuels Avenue, 1000 and 1100 blocks of Gounah Street Denied Without Prejudice: Strip of property behind 521 Samuels Avenue The motion carried unanimously. ZC-03-207 Mr. Bob Hollingworth, 2312 Oakland Boulevard, Suite 300, Continued Until appeared before Council in support of denying the zoning change. October 14, 2003 He stated that the applicant's request was for approval of spot Bob zoning. He requested Council uphold the decision of the Zoning Hollingworth Commission and deny the zoning request. Mary Pena Ms. Mary Pena, 917 Winnie Street, appeared before Council in opposition of the denial and requested Council approve the zoning change. Council Member Moss made a motion, seconded by Council Member Davis, that the application of Mary Pena and Hilario Gomez for a change in zoning of property located at 920 Winnie Street from "B" Two-Family to "I" Light Industrial, Zoning Docket No. ZC- 03-207, be continued until October 14, 2003. The motion carried unanimously. ZC-03-166 It appeared that the City Council, at its meeting of August 12, 2003, Approved set a special hearing for the application of Stanley Dee for a change in zoning of property located north of Enon Road and west of Forest Hills from "AG" Agricultural to "A-5" One-Family and "R1" Zero Lot Line/Cluster, Zoning Docket No. ZC-03-166. Mayor Moncrief asked if there was anyone present desiring to be heard. Thad Brundrett Mr. Thad Brundrett, 777 Main Street, representing the applicant through Carter and Burgess, Inc., appeared before Council in support of the zoning change. He stated that the original application was inconsistent with the Comprehensive Plan and requested the zoning be amended to all "A-5" Single-Family. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 29 of 30 There being no one else present desiring to be heard in connection with the application of Stanley Dee, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-166 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, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15688 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. Citizen Ms. Kalli Nazim, 4609 Inwood Road, and Mr. Jason Smith, 2257 Presentations College Avenue, representing the Fort Worth Dog Park Kalli Nazim, Association, appeared before Council to request that funding for a Jason Smith two to three acre dog park in Fort Worth be made a priority in the Capital Improvement Program. Hector Carrillo, Mr. Hector Carrillo, 740 N. Sylvania, and Mr. James Mackey, 2400 James Mackey Carnation, representing LULAC 4743, appeared before Council relative to the creation of a Cold Case Unit. They stated that they had not heard anything positive from the Council relative to unsolved murders in Fort Worth or what each Council Member's CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 9, 2003 PAGE 30 of 30 position was relative to the Cold Case Unit. They stated that no one had contacted either of them on the Cold Case effort and requested Council take action. Joan Crownover Ms. Joan Crownover, 1041 East Robert Street, representing the South Side Urban Development, appeared before Council relative to alleged Police brutality and crime in her neighborhood. Robert McKee Mr. Robert McKee, 222 W. 41h Street #511, appeared before Council and requested March 4th be designated as Garrett Morgan Day, inventor of the stop-light. Adjournment There being no further business, the meeting was adjourned at 9:43 p.m. CITY rAETARY MA OR