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HomeMy WebLinkAbout2003/08/12-Minutes-City Council CITY COUNCIL MEETING AUGUST 12, 2003 Date & Time On the 12th day of August, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Assistant City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Ed Malone, Central Christian Church. Pledge The Pledge of Allegiance was recited. Minutes City Attorney Yett stated that the City Council minutes for August 7, 2003, needed to be amended on Page 3, first paragraph, relating to Resolution No. 2977, Consent to Project for UT Southwestern Medical Center, to amend the last sentence to read "The motion carried unanimously, with the Mayor voting `Present'." On motion of Council Member Haskin, seconded by Council Member Lane, the minutes of the regular meeting of August 7, 2003, were approved unanimously, as amended. Special Mr. Mike Eastman, Executive Director, North Central Texas Council Presentations of Governments, presented the Development Excellence Awards to the City of Fort Worth, Tarrant County Water District, and Downtown Fort Worth, Inc. Mayor Moncrief expressed appreciation to the Council for this recognition and stated this was an indication that the City continued to move forward with products that would meet the needs of our citizens for a long time to come. Council Member Davis acknowledged David Pettit, formerly of Downtown Fort Worth, Inc., for the integral part he played in the establishment of the Rail Market. Announcements Council Member Picht announced that a new Purple Heart postage stamp was for sale at all post offices that commemorated all those who had been wounded in combat in all wars. He encouraged everyone to purchase the stamp. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 2 of 27 Mayor Pro tempore McCloud announced that he attended a Welcoming Back Breakfast for Fort Worth Independent School District school administrators and principals this morning and reminded everyone schools would start back into session next week and to be mindful of school zones. He stated that he informed attendees at the breakfast that some Council Members had mentioned visiting schools in their respective districts during this school year and that the attendees expressed excitement at his announcement. He offered a challenge to all the Council Members to visit schools in their districts and collaborate on visits as necessary. Council Member Lane announced that the CATS would be playing a double header this evening and would be playing baseball every evening through Thursday. He stated that the CATS were in the playoffs and encouraged everyone to support the team by attending a baseball game this week. Council Member Lane also acknowledged Council Member Picht as the only sitting Council Member having received a Purple Heart while serving in Vietnam. Council Member Silcox reminded everyone that the City is putting together information for the bond election tentatively scheduled for February 7, 2004. He stated that citizen input meetings would be scheduled in each district and encouraged everyone to submit their desires to Assistant City Manager Charles Boswell. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. G-14051 and P-9835 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. C-19695 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14051 be withdrawn. Staff Consent Agenda On motion of Council Member Picht, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 3 of 27 Council Member Haskin presented a Certificate of Recognition to Mr. Lavarno Grider for his service to the Building Standards Commission. She added that Mr. Grider had been recommended by City staff to chair the newly formed Appeals Board where he would continue to be a valuable asset to the City. Mr. Grider thanked the Council for the recognition and stated that he looked forward to serving the City in a different capacity. Res. #2979 There was presented Resolution No. 2979 approving the FY 2003- FY 2003-2004 2004 budget for Dallas/Fort Worth (D/FW) International Airport. Budget for D/FW Mayor Pro tempore McCloud made a motion, seconded by Council International Member Silcox, that the recommendation be adopted. The motion Airport carried unanimously. Ord. #15636 Council Member Stevenson introduced Ordinance No. 15636 on Budget first reading setting forth an itemized estimate of the expense of Ordinance — 1St conducting each department, division, and office of the Municipal Reading of Government of the City of Fort Worth for the ensuing Fiscal Year, Appropriation beginning October 1, 2003, and ending September 30, 2004, and Ordinance for appropriating money for the various funds and purposes of such 2003-2004 Fiscal estimate; appropriating money to pay interest and principal sinking Year fund requirement on all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a Committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for publication and final passage thereof. Council Member Silcox seconded the motion, and it carried unanimously. City Attorney Yett stated that this was the first reading of the appropriation ordinance and that there had to be two readings of the ordinance before final approval. He added that staff had been directed to publish notice of the City Manager's budget in accordance with the City Charter and to reflect on each agenda until final adoption, a public hearing on the budget. Ordinance City Manager Gary Jackson introduced the proposed ordinance Levying Ad levying Ad Valorem Taxes for 2003 based on the City Manager's Valorem Taxes estimates. for 2003 FY Budget City Attorney Yett stated that this was not the final adoption of the tax levy ordinance, simply an acceptance of the introduction of the ordinance and instruction to staff to carry forward the ordinance as a public hearing until final adoption. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 4 of 27 Resolution on There was presented a resolution setting a public hearing on the Public Hearing proposed 2003 tax increase and providing notice of such hearing. on 2003 Tax Increase City Manager Jackson stated that the staff had made further Withdrawn calculations and that it was not necessary to publish notice of a tax increase because of the modest budget. He requested Council withdraw the resolution. Council Member Moss made a motion, seconded by Council Member Silcox, that the resolution setting a public hearing on the proposed 2003 tax increase be withdrawn. The motion carried unanimously. Committee Council Member Haskin informed Council that appointments to the Report Tarrant County Appraisal District Board needed to be made by next month. She asked that applications be provided to her as soon as possible as interviews were scheduled for September 2, 2003. OCS-1366 There was presented Mayor and Council Communication No. OCS- Claims 1366 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-14048 There was presented Mayor and Council Communication No. G- Settlement of 14048 from the City Manager recommending that the City Council Building authorize the sum of $3,000.00 to be full and final payment to the Standards City for civil penalties assessed by the Building Standards Commission Commission filed in State District Court styled Elijah Ragira and Case — Elijah Ivan Ishii v. City of Fort Worth, Case No. 348-189872-01 for a multi- Ragira & Ivan family property owned by Elijah Ragira; and authorize the City Ishii v. City of Manager's Office and City Attorney's Office to execute, accept and Fort Worth record the appropriate instruments to effectuate the settlement. It Case #348- was the consensus of the City Council that the recommendation be 189872-01 adopted. G-14049 There was presented Mayor and Council Communication No. G- Temporary 14049 from the City Manager recommending that the City Council Closure of Alta authorize the temporary closure of Alta Vista Road from Alliance Vista Road from Gateway (Hwy 170) to Keller-Haslet Road, to facilitate the Alliance reconstruction of Alta Vista Road. It was the consensus of the City Gateway (Hwy Council that the recommendation be adopted. 170) to Keller- Haslet Road CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 5 of 27 G-14050 There was presented Mayor and Council Communication No. G- Ord. #15637 14050 from the City Manager recommending that the City Council Statewide authorize the City Manager to accept a tobacco compliance grant Tobacco in the amount of $18,000.00 from the Texas Comptroller of Public Education & Accounts; and adopt Appropriation Ordinance No. 15637 Prevention increasing estimated receipts and appropriations in the Grants Grant Fund in the amount of $18,000.00, subject to receipt of the grant from the Texas Comptroller of Public Accounts, for the purpose of funding the Statewide Tobacco Education and Prevention program. It was the consensus of the City Council that the recommendation be adopted. G-14051 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14051, Resolution Adopting a Revised Schedule of Standard Fines for Parking Offenses, be withdrawn. G-14052 There was presented Mayor and Council Communication No. G- Provide Water 14052 from the City Manager recommending that the City Council Service to 351 authorize the provision of water service to 351 Longhorn Lane Longhorn Lane located outside the city-limits of the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. G-14053 There was presented Mayor and Council Communication No. G- Appoint James 14053 from the City Manager recommending that the City Council R. Newgard as approve the appointment by the Board of Directors of the Executive Employees Retirement Fund of Mr. James R. Newgard as the Director of Executive Director of the Employees Retirement Fund of the City of Employees Fort Worth. Council Member Silcox made a motion, seconded by Retirement Fund Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for the submission of the amended Brownfield Economic Development Initiative Grant Application and application for Section 108 loan guarantee to the U.S. Department of Housing and Urban Development for the Montgomery Plaza Shopping Center. Mayor Moncrief asked if there was anyone present desiring to be heard. Christine Maguire, representing Economic and Community Development, appeared before Council and gave a staff report. She added that staff recommended that following any public comment this evening, the public hearing be closed and that action CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 6 of 27 on the M&C be delayed. She added that two other public hearings were scheduled for August 26, 2003, and September 2, 2003, and that staff would request Council take action at the end of public comments on September 2, 2003. She called attention to Mayor and Council Communication No. G-14054, as follows: G-14054 There was presented Mayor and Council Communication No. G- Amended 14054 from the City Manager recommending that the City Council: Brownfield Economic 1. Authorize the City Manager to submit an amended Development $2,000,000.00 Brownfield Economic Development Initiative Initiative Grant (BEDI) Grant Application to the U.S. Department of Housing Application & and Urban Development (HUD) for the Montgomery Plaza Application for Shopping Center; and Section 108 Loan Guarantee 2. Authorize the City Manager to submit an application to HUD to HUD for for a commitment of $13,000,000.00 in Section 108 Loan Montgomery Guarantees for the Montgomery Plaza Shopping Center; and Plaza Shopping Center 3. Accept, if offered, the BEDI Grant and Section 108 loan funds; and 4. Authorize the City Manager to enter into a contract with HUD for the receipt and payment of the Section 108 loan. The following individuals appeared before Council in support of this issue: Quentin Mr. Quentin McGown 1615 Sunset Terrace McGown, Ms. Bonnie Holmes 717 Westview Avenue Bonnie Holmes, Mr. Phillip Poole 3637 Watonga Phillip Poole, Ms. Libby Willis 2300 Primrose Libby Willis, Ms. Jerre Tracy 1020 Summit Avenue Jerre Tracy, Ms. Joan Crownover 1041 E. Robert Street Joan Crownover There being no one else present desiring to be heard in connection with the public hearing for the submission of the amended Brownfield Economic Development Initiative Grant Application and application for Section 108 loan guarantee to the U.S. Department of Housing and Urban Development for the Montgomery Plaza Shopping Center, Council Member Stevenson made a motion, seconded by Council Member Davis, that the public hearing be closed and the second public hearing be scheduled for August 26, 2003. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 7 of 27 G-14055 There was presented Mayor and Council Communication No. G- Participation in 14055 from the City Manager recommending that the City Council Regional authorize the City Manager to participate in the regional integrated Integrated Storm Storm Water Manual project at a cost not to exceed $78,985.00. Water Manual Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. P-9834 There was presented Mayor and Council Communication No. P- Traffic Marking 9834 from the City Manager recommending that the City Council Services authorize a purchase agreement for traffic marking services with Texas Highway Markings, LLC as the prime vendor with payment due within ten days with one percent discount and total due 30 days after receipt of invoice; and with United Rentals Highway Technologies, LP as the secondary vendor with payment due 30 days after receipt of invoice for the Transportation and Public Works Department; and authorize this agreement to begin August 12, 2003, and expire August 11, 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-9835 There was presented Mayor and Council Communication No. P- Paint 9835 from the City Manager recommending that the City Council Preparation authorize a one-time purchase for Cowtown Brushup 2003 paint Services preparation services for residential structures for the Housing Department from multiple vendors based on the low bid per house, with payment due ten days from the date of the invoice. Assistant City Secretary Glover stated tie bid submissions were received for Item 42 and Item 73 and therefore lots would be drawn to determine who would be awarded the bid. She added that Acting Assistant City Manager Richard Zavala and James Keyes, Finance Director, would each represent a contactor. Results of the casting of lots were as follows: a. Item 42: Mr. Zavala represented SOP Builders and Mr. Keyes represented New World Industries. New World Industries was awarded the bid. b. Item 73: Mr. Zavala represented SOP Builders and Mr. Keys represented GTO Construction. SOP Builders was awarded the bid. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. P- 9835 be adopted and bids awarded as drawn. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 8 of 27 P-9836 There was presented Mayor and Council Communication No. P- Aerial Bucket 9836 from the City Manager recommending that the City Council Trucks authorize the purchase of two new aerial bucket trucks for the City of Fort Worth from State of Texas Contract No. TXMAS-3-23010 at a total cost not to exceed $156,897.00 with payment due within 30 days of the date of invoice. It was the consensus of the City Council that the recommendation be adopted. L-13617 There was presented Mayor and Council Communication No. L- Renew Lease 13617 from the City Manager recommending that the City Council with TxDOT for authorize the City Manager to execute the renewal of the Use of Right-of- agreement of the Texas Department of Transportation (TxDOT) for Way for Parking use of State owned right-of-way for employee parking located at Lot the intersection of West Lancaster and Taylor Street for a term of three years at a sum of $3,450.00 per year. It was the consensus of the City Council that the recommendation be adopted. L-13618 There was presented Mayor and Council Communication No. L- Permanent 13618 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as Lot 1, Block 1, Old Decatur Addition, from Fellowship Baptist Church and Lot 6-R, Block A, B. Thomas Addition, Tarrant County, Texas, from Barry and Debbie Butler for properties located along Old Decatur Road (DOE 3622) needed to install approximately five miles of sewer force main and gravity main from the existing Dosier Creek sewer lift station to the existing Big Fossil Creek sewer collector for a total cost of $27,450.00. It was the consensus of the City Council that the recommendation be adopted. L-13619 There was presented Mayor and Council Communication No. L- Conveyance of 13619 from the City Manager recommending that the City Council Permanent authorize the conveyance of one permanent utility easement Easement described as a portion of Lot L and Lot M, Block 1, Greenfield Acres, Tarrant County, Texas, to Southwestern Bell Telephone, LP for installation and maintenance of a remote terminal station at 533 Lea Crest Lane, which is the location of Fire Station No. 13 in Northwest Fort Worth for a cost of$3,500.00; and authorize the City Manager to execute the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 9 of 27 L-13620 There was presented Mayor and Council Communication No. L- Water & Sanitary 13620 from the City Manager recommending that the City Council Sewer authorize the City Manager to enter into a pipeline crossing Replacement agreement with Union Pacific Railroad Company at Milepost Contract 2002 241.85, Dallas Subdivision, Tarrant County, Texas, for Water and STM-B Sanitary Sewer Replacement Contract 2002 STM-B (DOE 3702) needed for the construction of an 8-inch water pipeline, which will cross Union Pacific Railroad property at Miller Avenue near Hawlet Avenue in southeast Fort Worth for a one-time permit fee of $2,594.00. It was the consensus of the City Council that the recommendation be adopted. L-13621 There was presented Mayor and Council Communication No. L- Permanent 13621 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as A-1497, Benjamin Thomas Survey, Tarrant County, Texas, from John and Vivian Pak for property located along Old Decatur Road (DOE 3622) needed to install approximately five miles of sewer force main and gravity main from the existing Dosier Creek sewer lift station to the existing Big Fossil Creek sewer collector for $37,500.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13622 There was presented Mayor and Council Communication No. L- Condemnation 13622 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest in one permanent Waterline waterline easement and one temporary construction easement Easement & described as a portion of Tract 1, Abstract No. 1849 in the A.F. Temporary Albright Survey, City of Fort Worth, Texas, required for the Construction Northside Transmission Main (DOE 4088); and authorize the City Easement Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 10 of 27 PZ-2495 There was presented Mayor and Council Communication No. PZ- Establish Timetable 2495 from the City Manager recommending that the City Council for Voluntary Annexation for approve the annexation timetable for proposed voluntary Limited Purposes of annexation for limited purposes of approximately 7,257 acres of 7,257 Acres Located land, or 11.339 square miles (more or less) located north of IH-30 North of IH-30 south to IH-20, south of IH-20, east of Farmer Road, and west of the South to I1-1-20, Waste Management site and Lost Creek Ranch Subdivision in South of I1-1-20, East parker and Tarrant Counties (AX-03-0010, Walsh Ranch) in of Farmer Road, & West of Waste compliance with the requirements of Chapter 43 of the Local Management Site& Government Code of the State of Texas; and direct staff to comply Lost Creek Ranch with the statutory requirements for limited purpose annexation of Subdivision in the subject property. Council Member Haskin made a motion, Parker&Tarrant seconded by Council Member Lane, that the recommendation be Counties AX-03-0010,Walsh adopted. The motion carried unanimously. Ranch C-19695 There was presented Mayor and Council Communication No. C- Near Southeast 19695 from the City Manager recommending that the City Council: Community Development 1. Approve the application of Near Southeast Community Corporation Development Corporation (NSECDC), owner of properties located at 1059 East Humbolt Street and 1231 East Terrell Avenue, for a five-year Municipal Property Tax Abatement for the above mentioned property in the Evans and Rosedale Neighborhood Empowerment Zone (NEZ); and 2. Find that the Statements set forth in the recitals of the Tax Abatement Agreement (the Agreement) with the NSECDC are true and correct; and 3. Authorize the City Manager to enter into an Agreement with the NSECDC in accordance with the NEZ Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-19695 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 11 of 27 C-19696 There was presented Mayor and Council Communication No. C- JLB Contracting, 19696 from the City Manager recommending that the City Council LP authorize the City Manager to execute a contract with JLB Contracting, LP in the amount of $911,943.50 for 90 working days for HMAC (Hot Mix Asphaltic Concrete) Surface Overlay 2003-19 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-19697 There was presented Mayor and Council Communication No. C- Ord. #15638 19697 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $230,272.00 from the Water and Company, Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of $147,894.00, and the Sewer Capital Project Fund in the amount of $82,378.00; and 2. Adopt Appropriation Ordinance No. 15638 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $147,894.00 and the Sewer Capital Project Fund in the amount of $82,378.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc. for the reconstruction of Bourine Street (Curzon Avenue to West Rosedale Street) and Merrick Street (Diaz Avenue to Locke Avenue) including water and sanitary sewer main replacements; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $585,455.75 for the reconstruction of Bourine Street (Curzon Avenue to West Rosedale Street) and Merrick Street (Diaz Avenue to Locke Avenue) including water and sanitary sewer main replacements. It was the consensus of the City Council that the recommendation be adopted. C-19698 There was presented Mayor and Council Communication No. C- Amendment #1 19698 from the City Manager recommending that the City Council to CSC #27835 — authorize the City Manager to execute Amendment No. 1 to City Freese and Secretary Contract No. 27835 with Freese and Nichols, Inc. in the Nichols, Inc. amount of $58,500.00, thereby increasing the contract amount to $983,949.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 12 of 27 C-19699 There was presented Mayor and Council Communication No. C- Ord. #15639 19699 from the City Manager recommending that the City Council: S.H.U.C., Inc. 1. Authorize the transfer of $870,747.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15639 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $870,747.50 from the available funds for the purpose of funding a contract with S.H.U.C., Inc. for Water Replacement Contract 2002 STM-C; and 3. Authorize the City Manager to execute a contract with S.H.U.C., Inc. in the amount of $790,747.50 for Water Main Replacement Contract 2002 STM-C. It was the consensus of the City Council that the recommendation be adopted. C-19700 There was presented Mayor and Council Communication No. C- Ord. #15640 19700 from the City Manager recommending that the City Council: A.N.A. Consultants, 1. Authorize the transfer of $162,093.00 from the Water and L.L.C. Sewer Operating Fund to the Water Capital Project Fund in the amount of $103,902.00 and the Sewer Capital Project Fund in the amount of $58,191.00 from available funds; and 2. Adopt Appropriation Ordinance No. 15640 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $103,902.00 and the Sewer Capital Project Fund in the amount of $58,191.00 from available funds for the purpose of funding an engineering agreement with A.N.A. Consultants, L.L.C. for Water and Sewer Replacement Contract 2002 STM-O; and 3. Authorize the City Manager to execute an engineering agreement with A.N.A. Consultants, L.L.C. in the amount of $157,093.00 for Water and Sewer Main Replacement Contract 2002 STM-O. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 13 of 27 C-19701 There was presented Mayor and Council Communication No. C- Dunaway 19701 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., in the amount of $965,406.95 for the design of Walsh Ranch Water Main Extension, Phase I. It was the consensus of the City Council that the recommendation be adopted. C-19702 There was presented Mayor and Council Communication No. C- DeOtte, Inc. 19702 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with DeOtte, Inc., Civil Engineering in the amount of $168,191.10 for the design of Walsh Ranch Sewer Main Extension, Phase IC. It was the consensus of the City Council that the recommendation be adopted. C-19703 There was presented Mayor and Council Communication No. C- TranSystems 19703 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute an engineering agreement Consultants with TranSystems Corporation Consultants in the amount of $585,060.00 for the design of Walsh Ranch Sewer Main Extension, Phase IA, 1 B and 1 D. It was the consensus of the City Council that the recommendation be adopted. C-19704 There was presented Mayor and Council Communication No. C- Ord. #15641 19704 from the City Manager recommending that the City Council: Amend CSC #28059 - Texas 1. Authorize the City Manager to execute an amendment to City Commission on Secretary Contract No. 28059 with the Texas Commission on Environmental Environmental Quality (formerly the Texas Natural Quality Resources Conservation Commission) to operate three continuous air monitoring stations for the period September 1, 2003, through August 31, 2004; and 2. Adopt Appropriation Ordinance No. 15641 increasing estimated receipts and appropriations in the Grants Fund in the amount of $60,000.00, subject to receipt of an executed contract, for the purpose of funding an amendment to City Secretary Contract No. 28059 with the Texas Commission on Environmental Quality to operate three continuous air monitoring systems. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 14 of 27 C-19705 There was presented Mayor and Council Communication No. C- Ord. #15642 19705 from the City Manager recommending that the City Council: Texas Commission on 1. Authorize the City Manager to execute an agreement with Environmental the Texas Commission on Environmental Quality for air Quality pollution control services with a maximum amount of $206,934.00 for the two-year term of the contract. The term of the agreement for the two year period September 1, 2003, through August 31, 2005; and 2. Authorize a non-interest bearing inter-fund loan from the Environmental Management Operating Fund to the Grants Fund in the amount of $25,867.00 for interim financing for this grant pending contract execution; and 3. Authorize the use of $50,961.00 per year from the General Fund as an in-kind match for this contract; and 4. Adopt Appropriation Ordinance No. 15642 increasing estimated receipts and appropriations in the Grants Fund in the amount of $206,934.00, subject to receipt of an executed contract, for the purpose of funding an agreement with the Texas Commission on Environmental Quality for air pollution control services; and 5. Apply indirect costs at the most recently approved rate of 20.59 percent for the Environmental Management Department, not to exceed $21,304.00 per year. It was the consensus of the City Council that the recommendation be adopted. C-19706 There was presented Mayor and Council Communication No. C- S.J. Louis 19706 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute a contract with S.J. Louis Texas, Ltd., LLP Construction of Texas, Ltd., LLP in the amount of $8,639,252.47 for Northside II Water Main Extension Phase II, Units 1, 2 and 3. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19707 There was presented Mayor and Council Communication No. C- Archer Western 19707 from the City Manager recommending that the City Council Contractors, Ltd. authorize the City Manager to execute a contract with Archer CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 15 of 27 Western Contractors, Ltd. in the amount of $15,183,000.00 for the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 MGD (millions gallons per day) Expansion, Phase 3 — Plant Process Improvements. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19708 There was presented Mayor and Council Communication No. C- MWH Americas, 19708 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering agreement with MWH Americas, Inc. to assist in the implementation of the Water Information Technology Program for an amount not to exceed $2,802,743.00. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt an ordinance designating Tax Abatement Reinvestment Zone No. 44, City of Fort Worth, Texas. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. C-19709 as follows, and requested this item be continued for one week: C-19709 There was presented Mayor and Council Communication No. C- Continued One 19709 from the City Manager recommending that the City Council: Week 1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 44, City of Fort Worth, Texas; and 2. Adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. Forty-four, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing to adopt an ordinance designating Tax Abatement Reinvestment Zone No. 44, City of Fort Worth, Texas, CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 16 of 27 Council Member Davis made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C- 19709 be continued for one week. The motion carried unanimously. C-19710 There was presented Mayor and Council Communication No. C- Continued for 19710 from the City Manager recommending that the City Council One Week authorize the City Manager to execute Tax Abatement Agreements with Coca-Cola Enterprises (CCE) for a three phase project; and find that the statements set forth in the recitals of the Tax Abatement Agreements with CCE are true and correct. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C-19710 be continued for one week. The motion carried unanimously. C-19711 There was presented Mayor and Council Communication No. C- Motorola, Inc. 19711 from the City Manager recommending that the City Council: 1. Find that Motorola, Inc. has failed to meet the entirety of the commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 19790, as previously amended by City Secretary Contract Nos. 21015 and 28284); and 2. Authorize the City Manager to reduce the percentage amount of taxes to be abated from 70 percent to 64 percent for the 2003 tax year; and 3. Direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19712 There was presented Mayor and Council Communication No. C- Nokia Mobile 19712 from the City Manager recommending that the City Council: Phones, Inc. 1. Find that Nokia Mobile Phones, Inc. has failed to meet the entirety of the commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 20695); and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 17 of 27 2. Authorize the City Manager to reduce the percentage amount of taxes to be abated from 100 percent to 85 percent for the 2003 tax year; and 3. Direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19713 There was presented Mayor and Council Communication No. C- Southwest 19713 from the City Manager recommending that the City Council: Office Systems 1. Find that Southwest Office Systems (owned by Puente Brothers Investments, LLC) is in default of commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 21790); and 2. Authorize the City Manager to reduce the percentage amount of taxes to be abated from 50 percent to 34 percent for the 2003 tax year; and 3. Direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Davis stated that this action was noteworthy inasmuch as Council had just reduced three tax abatements to companies who did not fully comply with the agreements. She added that this reflected that the City monitored tax abatements. Budget Hearing It appeared that the City Council set today as the date for the hearing in connection with the proposed Fiscal Year 2003-2004 Appropriation Ordinance and Ad Valorem Tax Levy Ordinances. City Attorney Yett stated that the hearing would be carried on succeeding Council agendas until final adoption of the budget for necessary public comment. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 18 of 27 Citizen Ms. Joan Crownover, 1041 E. Robert St., representing South Side Presentations Urban Development, appeared before Council relative to conditions Joan Crownover in her neighborhood; tall grass, bulk trash, the need for a tree ordinance, insects and rodents in apartments on Glen Garden, and lighting and trash at a community grocery. Regular Zoning It appeared to the City Council that Resolution No. 2976 was Hearing adopted on July 22, 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 July 23, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-036 Mr. Jimmy Lynam, 8620 Bryson Lane, appeared before Council in Approved support of the zoning change. He stated that the neighborhood Jimmy Lynam association had agreed with the developer that no building permits would be issued prior to the brick wall being constructed, but that the contractor had now changed this to a Certificate of Occupancy being issued. He requested Council's assistance in resolving this issue. Bob Riley, Development Director, stated that a permit was not required to construct the six-foot fence. He added that the fence was part of the construction process. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, stated that he was unaware of the issue brought forward by Mr. Lynam and thought all parties were in agreement. He added that the construction of the fence would place an undue burden on the development and requested Council's favorable consideration. Council Member Stevenson made a motion, seconded by Council Member Davis, that the application of Lorin A. Boswell, Jr. for a change in zoning of property located in the 4800 block of Haltom Bailey Boswell Road from "A-43" One-Family to "A-7.5" One- Family and "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family, landscape buffer and brick wall required on eastern boundary, structures limited to one story on lots adjacent to landscape buffer, with waiver of site plan recommended, Zoning Docket No. ZC-03-036, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 19 of 27 ZC-03-086 It appeared that the City Council, at its meeting of July 15, 2003, Moved to End of continued the hearing of the application of the City of Fort Worth Agenda for a change in zoning of property located at in the 9200-9500 blocks of Boat Club Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for boat, RV, truck and trailer storage, bed and breakfast and residence repair and storage of inoperable vehicles prohibited, landscape buffer on southern and western property lines, with waiver of site plan recommended, Zoning Docket No. ZC-03-086 (See Letter of Appeal). Mayor Moncrief stated that this zoning case would be moved to the end of the agenda to permit staff time to provide a citizen in opposition of the zoning change an assisted listening device. ZC-03-142 It appeared that the City Council, at its meeting of July 8, 2003, Continued Until continued the hearing of the application of the Manhattan Apts. September 9, Partnership for a change in zoning of property located east of the 2003 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 Hamawi, 7021 Greenview Circle North, appeared Hamawi before Council in support of the zoning change, but stated that she would reserve further comments until after the meeting set up by Council Member Haskin and the developers. The following residents appeared before Council in opposition of the zoning change: Ruth Ball, Ms. Ruth Ball 6951 Sandybrook Drive Gale Vondrasek Ms. Gale Vondrasek 6940 Fallbrook Court 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 Lane, Zoning Docket No. ZC-03-142 be continued until September 9, 2003. The motion carried unanimously. ZC-03-143 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Mady Development for a change in zoning of property located at the southwest corner of Bonds Ranch Road and BNSF RR (formerly 321 West Hicks Road) from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC- 03-143, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 20 of 27 ZC-03-150 Council Member Moss made a motion, seconded by Council SP-03-020 Member Davis, that the application of Mariken Holding, LLC for a Approved change in zoning of property located at the southeast corner of Fite Street and Trinity Boulevard (11500 block of Trinity Boulevard) from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for small animal wholesale and distribution facility, Zoning Docket No. ZC-03-150 and Site Plan No. SP-03-020, be approved. The motion carried unanimously. ZC-03-152 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Sendera, Ltd. for a change in zoning of property located north and south of Sendera Boulevard and east of Willow Springs Road from "AG" Agricultural, A-5", A-7.5" and "A-10" One-Family, "C" Medium Density Multi-Family, "E" Neighborhood Commercial and "CF" Community Facilities to "AG" Agricultural, "PD/A-5", "A-5" and "A- 7.5" One-Family, "CF" Community Facilities and "E" Neighborhood Commercial, with waiver of site plan recommended, Zoning Docket No. ZC-03-152, be approved. The motion carried unanimously. ZC-03-155 It appeared that the City Council, at its meeting of July 15, 2003, Approved continued the hearing of the application of Metronorth Development, Inc. for a change in zoning of property located north of John T. White Road, south of Kuban Boulevard and west of Williams Road from "R2" Townhouse/Cluster, "CR" Low Density Multi-Family, and "ER" Neighborhood Commercial Restricted to "A-5" One-Family, Zoning Docket No. ZC-03-155. Mayor Moncrief 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 Metronorth Development, Inc., Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03- 155 be approved. The motion carried unanimously. ZC-03-156 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Thermacor Process for a change in zoning of property located at 1670 Hicks Field Road East (north side of Hicks Field Road East) from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. ZC-03-156, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 21 of 27 ZC-03-159 Council Member Picht made a motion, seconded by Council Continued for Member Haskin, that the application of Lumbermen's Investment One Week Corp. for a change in zoning of property located south of McPherson Boulevard and west of West Cleburne Road from "R1" Zero Lot Line/Cluster, "R2" Townhouse/Cluster, "E" Neighborhood Commercial, "FR" General Commercial Restricted and "C" Medium Density Multi-Family to "A-5" One-Family and "G" Intensive Commercial, Zoning Docket No. ZC-03-159, be continued for one week. The motion carried unanimously. ZC-03-161 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 2716 Columbus from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-161, be approved. The motion carried unanimously. ZC-03-162 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Phoenix Property Company for a change in zoning of property located in the 1000 block of West 5th Street and West 7th Street from "J" Medium Industrial and "J/DD" Medium Industrial/Demolition Delay to "H" Central Business District and "H/DD" Central Business District/Demolition Delay, Zoning Docket No. ZC-03-162, be approved. The motion carried unanimously. ZC-03-165 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Sendera, Ltd. for a change in zoning of property located north of Avondale Haslet, east of Willow Springs and Sendera Ranch Boulevard from "AG" Agricultural, "A- 43" and "A-5" One-Family, "PD/A-5" One-Family and "CF" Community Facilities to "A-21" and "A-7.5" One-Family, "AG" Agricultural, and "PD/A-5" Planned Development for all uses in "A- 5" One-Family plus a golf course, accessory buildings for the golf course, parks, a country club, and community recreation/amenity centers, with waiver of site plan recommended, Zoning Docket No. ZC-03-165, be approved. The motion carried unanimously. ZC-03-167 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Stevenson, that the application of Fort Worth ISD for a change in zoning of property located 1411 East 18th Street from "C/DD" Medium Density Multi-Family/Demolition Delay and "F" General Commercial to "PD/SU/DD" Planned Development/Specific Use/Demolition Delay for administrative offices, textbook/materials storage, and community service organizations, with waiver of site plan recommended, Zoning Docket No. ZC-03-167, be approved. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 22 of 27 Council Member Moss informed Council that he had a conflict with this issue, had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Stevenson, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss ZC-03-168 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Dell USA, L.P. for a change in zoning of property located south of Heritage Trace, west of North Freeway, east of Harmon Road from "E" Neighborhood Commercial, "FR" General Commercial Restricted, "C" Medium Density Multi-Family, "AR" One-Family Restricted, and "R2" Townhouse/Cluster to "A-5" One-Family and "G" Intensive Commercial, Zoning Docket No. ZC-03-168, be approved. The motion carried unanimously. ZC-03-169 Council Member Lane made a motion, seconded by Council Approved Member Picht, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3217 32nd Street Northwest from "B" Two-Family to "A-7.5" One- Family, Zoning Docket No. ZC-03-169, be approved. The motion carried unanimously. ZC-03-086 City Manager Jackson stated that the City's assisted listening Continued for system was inoperable and requested that Zoning Case No. ZC-03- One Week 086 be continued one week. It appeared that the City Council, at its meeting of July 15, 2003, continued the hearing of the application of the City of Fort Worth for a change in zoning of property located at in the 9200-9500 blocks of Boat Club Road from "AG" Agricultural to "Planned Development/Specific Use" for boat, RV, truck and trailer storage, bed and breakfast and residence repair and storage of inoperable vehicles prohibited, landscape buffer on southern and western property lines, with waiver of site plan recommended, Zoning Docket No. ZC-03-086 (See Letter of Appeal). CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 23 of 27 There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Stevenson made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03-086 be continued for one week. The motion carried unanimously. Council Member Davis stated that Zoning Docket Nos. ZC-03-170 through ZC-03-184 were all City of Fort Worth Planning Department initiated cases and made a motion, seconded by Council Member Silcox, that the zoning cases be approved simultaneously. The motion carried unanimously. City Attorney Yett stated that the motion was appropriate as there was no legal requirement to read the zoning cases as notice had been properly posted in accordance with the Open Meetings Act. ZC-03-170 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2604 Lee Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-170, be approved. The motion carried unanimously. ZC-03-171 Council Member Davis made a motion, seconded by Council Approved Member Silcox that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2927 Prospect Avenue from "C" Medium Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-03-171, be approved. The motion carried unanimously. ZC-03-172 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3022 Refugio Avenue from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-172, be approved. The motion carried unanimously. ZC-03-173 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3208 Refugio Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-173, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 24 of 27 ZC-03-174 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3300 29th Street Northeast from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-03-174, be approved. The motion carried unanimously. ZC-03-175 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3534 Montague Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-175, be approved. The motion carried unanimously. ZC-03-176 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1712 Vincennes Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-176, be approved. The motion carried unanimously. ZC-03-177 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2717 Wallace Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-177, be approved. The motion carried unanimously. ZC-03-178 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3218 Avenue H from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-178, be approved. The motion carried unanimously. ZC-03-179 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2598 Martin Luther King Freeway from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-179, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 25 of 27 ZC-03-180 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2719 Avenue J from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-180, be approved. The motion carried unanimously. ZC-03-181 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 926 Humbolt Street East from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-181, be approved. The motion carried unanimously. ZC-03-182 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1401 Missouri Avenue from "B" Two-Family to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-03-182, be approved. The motion carried unanimously. ZC-03-183 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 969 Pulaski Street East from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-183, be approved. The motion carried unanimously. ZC-03-184 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2145 Jennings Avenue South from "F" General Commercial to "A- 5" One-Family, Zoning Docket No. ZC-03-184, be approved. The motion carried unanimously. ZC-03-146 Council Member Stevenson made a motion, seconded by Council SP-03-021 Member Silcox, that the application of Jason Smith for a change in Denied Without zoning of property located at 5504 and 5508 El Campo Avenue from Prejudice "A-5" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family, with site plan for single-family residences with minimum lot area of 4,125 square feet, Zoning Docket No. ZC-03-146 and Site Plan No. SP-03-021, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 26 of 27 ZC-03-147 Council Member Silcox made a motion, seconded by Council Denied Without Member Davis, that the application of River Park II for a change in Prejudice zoning of property located in the 2500 to 2600 block of River Park Drive from "G" Intensive Commercial to "R1" Zero Lot Line/Cluster, Zoning Docket No. ZC-03-147, be denied without prejudice. The motion carried unanimously. ZC-03-163 Council Member Moss made a motion, seconded by Council Denied Without Member Davis, that the application of William & Wanda Nail for a Prejudice change in zoning of property located at 1901 Cooks Lane from "A- 5" One-Family to "FR" General Commercial Restricted, Zoning Docket No. ZC-03-163, be denied without prejudice. The motion carried unanimously. ZC-03-164 Council Member Haskin made a motion, seconded by Council Denied With Member Davis, that the application of Helen Guerrero for a change Prejudice in zoning of property located at 3825 Yucca Avenue from "A-5" One-Family and "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-03-164, be denied with prejudice. The motion carried unanimously. ZC-03-166 Mr. Thad Brudrett, 777 Main Street, representing Carter and Set for Special Burgess, Inc. and the applicant, appeared before Council and Hearing on requested a special hearing be set to consider their appeal. He September 2, stated that the application had been amended to change the zoning 2003 to all "A-5" One-Family. Thad Brundrett Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that 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, be set for a special hearing on September 2, 2003. 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: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 12, 2003 PAGE 27 of 27 ORDINANCE NO. 15643 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 8:40 p.m. LL CITY S ETARY MAYOR I/