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HomeMy WebLinkAbout2003/11/11-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 11, 2003 Date & Time On the 11th day of November, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 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 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. Council Member Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Luther Henry, St. Andrews United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of November 4, 2003, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Hospice Presentations Month. Council Member Moss presented a Proclamation for Fort Worth Heritage Week. Mr. Ernie Sykes entertained the Council and audience yodeling and then sang The Old Chisholm Trail. Council Members Haskin and Davis recognized Eagle Scouts Wesley Lamar Robinson and Christopher Michael Corbeille from Longhorn Council Troop 720. They were presented with recognition certificates and City pins. Council Member Picht read the Proclamation for Marine Corps Week. Mayor Moncrief reminded the listening audience to pray for our men and women serving our country. Council Members Haskin and Picht presented Certificates of Recognition to the following former Board and Commission members: Mr. Jesse Kemp City Plan Commission Mr. Gary Moates City Zoning Commission Mr. Gregory Hughes FW Transportation Authority Executive Committee Mr. William T. Leonard FW Transportation Authority Executive Committee CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 2 of 18 Mr. William Greenhill Parks & Community Services Advisory Board Mr. Richard Spraberry FW Transportation Authority Executive Committee Announcements Mayor Moncrief announced that the Youth Town Hall meeting would be held November 15, 2003, from 9:30 a.m. to 1:30 p.m. at the Police and Fire Training Academy, 1000 Calvert Street. He stated that this was an opportunity for teens to express their thoughts on issues of concern within the City and invited teens to attend. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. C-19846 be withdrawn from the consent agenda. City Manager Jackson requested that Mayor and Council Communication No. PZ-2511 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Item X2, under Presentations Withdrawn By by the City Council, Resolution Formation of Alarm Task Force, be Staff withdrawn. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud to appoint Dean Bridges, representing the American Indian Chamber of Commerce, to the Minority and Women's Business Enterprise Advisory Committee, effective November 11, 2003, and with a term expiring October 1, 2005. Formation of It was the consensus of the City Council that the proposed Alarm Task Resolution for Formation of the Alarm Task Force, be withdrawn. Force Withdrawn Res. #3008 There was presented Resolution No. 3008 casting votes for Craig L. Cast Votes for Kelly to fill a position on the Board of Directors for the Tarrant Craig L. Kelly to Appraisal District (TAD), commencing January 1, 2004, and with a Fill Position on term expiring December 31, 2005. Council Member Davis made a Board of motion, seconded by Mayor Pro tempore McCloud, that the Directors for recommendation be adopted. The motion carried by the following TAD vote: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 3 of 18 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane Res. #3009 There was presented Resolution No. 3009 appointing the Appoint membership of the SH-121 Citizens' Advisory Group as follows: Membership of SH-121 Citizens' APPOINTED BY APPOINTEE Advisory Group Mayor Moncrief Chairperson, Elaine Petrus Brian Newby Beth Rivers Council Member Silcox Vic Tinsley Jack Baxley Council Member Picht Mike Noskin Kim Dignum Council Member Davis Tom Reynolds Michelle Key City Council Ray Dickerson (Nominated by FW Chamber of Commerce) Jim Beckman (Nominated by Streams &Valleys, Inc.) Jon Nelson (Nominated by I-CARE) Louise Appleman (Nominated by Citizens Advisory Committee) Judy Harman (Nominated by League of Neighborhoods) Eva Bonilla (Nominated by League of Neighborhoods) Council Member Stevenson made a motion, seconded by Council Member Davis, that the resolution be adopted. The motion carried unanimously. Ordinance There was presented an ordinance Calling for and Ordering an Calling for Election for February 7, 2004, on the Question of the Issuance of February 7, 2004 Bonds for the 2004 Capital Improvement Plan. Council Member Bond Election Silcox made a motion, seconded by Council Member Davis, that Continued for the resolution be continued for one week. The motion carried One Week unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 4 of 18 Committee Council Member Davis reported that the Central City Revitalization Report and Economic Development Committee selected four development teams to interview from nine that submitted proposals to build a convention center hotel next to the newly expanded and remodeled Fort Worth Convention Center. She added that the teams selected were scheduled to make presentations to the committee November 17, 2003, and that the committee would make recommendations to the City Council at an early December meeting. The development teams selected were as follows: • Austin Commercial, L.P. (Dallas, Texas Hellmuth, Obata + Kassabaum, L.P., (HOK) Gideon Toal, Inc. The Projects Group Hilton Hotels Corporation • Hines (Dallas, Texas) Hilton Hotels Hellmuth, Obata + Kassabaum, L.P., (HOK) Centex Construction Company • Omni Hotels (Irving, Texas) • Stormont Hospitality Group, LLC (Atlanta, Georgia) Hilton Hotels Corporation Cooper Carry, Inc. Council Member Davis further stated that the City's hotel consultant, CH Johnson Consulting, evaluated the responses on the best value to the city, the developers' ability to provide required equity and debt financing, and project innovation and creativity to bring a quality facility to meet the demands of the hotel market for first class rooms, and the ability to minimize the risk to the City. OCS-1382 There was presented Mayor and Council Communication No. OCS- Claims 1382 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. Public Hearing It appeared that the City Council, at its meeting of November 4, 2003, continued the public hearing to request a variance from Section 4-4 of the City Code to allow the sale of alcoholic beverages at 5500A Brentwood Stair Road. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 5 of 18 Mr. Bob Riley, Development Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14139, as follows: G-14139 There was presented Mayor and Council Communication No. G- Variance from 14139, dated November 4, 2003, from the City Manager Section 4-4 of recommending that the City Council approve the request from Ms. City Code Teresa Collette Lister for a variance from Section 4-4 of the City Prohibiting Sale Code prohibiting the sale of alcoholic beverages within 300 feet of of Alcoholic a church at 5500A Brentwood Stair Road. Beverages at 5500A There being no one else present desiring to be heard in connection Brentwood Stair with the public hearing to request a variance from Section 4-4 of Road - the City Code to allow the sale of alcoholic beverages at 5500A Brentwood Stair Road, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. G-14139 be adopted. The motion carried unanimously. G-14143 There was presented Mayor and Council Communication No. G- Ord. #15739 14143 from the City Manager recommending that the City Council Amend Ord. approve Ordinance No. 15739 amending Ordinance No. 15385 to #15385 to accurately reflect the City Council's decision in Case No. ZC-02-277 Correct Zoning to rezone property in the 13100-13400 block of South Pipeline Road for 13100-13400 to "A-5" One-Family and "PD/SU" Planned Development/Specific Block of South Use for all uses in "A-5" One-Family with structures limited to one Pipeline Road, story and a waiver of site plan; providing for interpretation, ZC-02-077 purpose and conflict. It was the consensus of the City Council that the recommendation be adopted. G-14144 There was presented Mayor and Council Communication No. G- Ord. #15740 14144 from the City Manager recommending that the City Council Transfer adopt Supplemental Appropriation Ordinance No. 15740 increasing Insurance Funds estimated receipts and appropriations in the Insurance Fund in the for Insured amount of $62,386.96 from available funds due to subrogation and Property & recovery from commercial insurance coverage, for the purpose of Liability Losses funding insured property and liability losses; and authorize the transfer of $85,889.96 from the Insurance Fund to various funds. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 6 of 18 G-14145 There was presented Mayor and Council Communication No. G- TAD Payments 14145 from the City Manager recommending that the City Council for January authorize payment in an amount not to exceed $1,053,104.01 for through the City of Fort Worth's assessed allocation of the Tarrant September 2004 Appraisal District's (TAD) 2004 budget for the months of January through September 2004. It was the consensus of the City Council that the recommendation be adopted. G-14146 There was presented Mayor and Council Communication No. G- Temporary 14146 from the City Manager recommending that the City Council Closure of Main approve the temporary closure of Main Street between 3rd Street Street to and 4t" Street from November 15, 2003, until January 3, 2004, for Accommodate the Fort Worth Jaycees Annual Christmas Tree display. It was the Jaycees Annual consensus of the City Council that the recommendation be Christmas Tree adopted. Display G-14147 There was presented Mayor and Council Communication No. G- Ord. #15741 14147 from the City Manager recommending that the City Council Amend Ord. approve Ordinance No. 15741 amending Ordinance No. 15518 to #15518 to correct the descriptions of the 500 block of East Bluff Street, 800- Correct Zoning 1000 blocks of East Peach Street, 300-400 blocks of Cummings Case Street and the 600 block of West Belknap Street in Zoning Case No. ZC-03-080 ZC-03-080 and to delete certain tracts. It was the consensus of the City Council that the recommendation be adopted. G-14148 There was presented Mayor and Council Communication No. G- Reauthorize 14148 from the City Manager recommending that the City Council Military Pay authorize the continuation of the Military Pay Supplement Benefit Supplement and Leave Fund Policy. Council Member Silcox made a motion, Benefit & seconded by Council Member Davis, that the recommendation be Military Leave adopted. The motion carried unanimously. Fund Policy G-14149 There was presented Mayor and Council Communication No. G- Ord. #15742 14149 from the City Manager recommending that the City Council: Receive Grant Funds for 1. Authorize the City Manager to apply for and receive grant Afterschool funding on a reimbursable basis in the amount of Programming & $1,013,537.34 from the Texas Education Agency for the Student Safety grant period of August 31, 2003, to August 15, 2004; and 2. Adopt Appropriation Ordinance No. 15742 increasing estimated receipts and appropriations in the Grants Fund in CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 7 of 18 the amount of $1,013,537.34 subject to the receipt of the grant from the Texas Education Agency for the purpose of funding after school and student safety programming; and 3. Authorize the waiver of indirect costs in the amount of 16.68 percent of salaries and fringe benefits, because the indirect costs are not an allowable expense in this grant; and 4. Contingent on grant approval, authorize the execution of an interlocal agreement with Fort Worth Independent School District in an amount not to exceed $420,000.00 for afterschool programming, attendance tracking and training services; and 5. Contingent on grant approval, authorize the execution of a contract with Fort Worth Country Day School in an amount not to exceed $15,000.00 programming for the Summerbridge program; and 6. Contingent upon grant approval, authorize the execution of a contract with Texas State University-San Marcos, Center for Initiatives in Education, for its Texas School Safety Center in an amount not to exceed $250,000.00 for services regarding school safety audits and review in qualified districts. Council Member Moss advised Council that he had a Conflict of Interest on this item, would file an affidavit with the City Secretary, and would abstain from voting. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 8 of 18 P-9876 There was presented Mayor and Council Communication No. P- Street Guides 9876 from the City Manager recommending that the City Council authorize a purchase agreement for Street Guides with Mapsco, Inc. for the City of Fort Worth at a unit price of $23.37, with payment due 30 days from the receipt of invoices and freight included in unit price; and authorize this agreement to begin November 11, 2003, and expire November 12, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13694 There was presented Mayor and Council Communication No. L- Right-of-Way 13694 from the City Manager recommending that the City Council Parcels authorize the City Manager to approve the acquisition of two right- of-way parcels (ROW) described as A-999, William McCowan Survey, Tarrant County, Texas, from AIL Investment, L.P. for property located along the east side of IH-35W near the existing ROW of North Tarrant Parkway (Project No. 0081-12-036) from IH- 35W to US-377 (DOE 4014) for a total cost of $2.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13695 There was presented Mayor and Council Communication No. L- Permanent 13695 from the City Manager recommending that the City Council Water Main approve the acquisition of one permanent water main easement Easement & and one temporary construction easement described as part of the Temporary A.F. Albright Survey, Abstract No. 1849 from Centex Homes for Construction property located between Longhorn Trail and NW Loop 820, east of Easement Old Decatur Road (DOE 4087) necessary for the construction, maintenance and operation of the Northside II water transmission main between the McCandless Street and the Cantrell-Samson pump stations for $21,847.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13696 There was presented Mayor and Council Communication No. L- Single-Family 13696 from the City Manager recommending that the City Council Residential authorize the acquisition of two single-family residences (3321 Properties Pearl Avenue) from the Estate of Beaulah Gross and (3402 Pearl Avenue) from Hubert Flowers, in conjunction with the Meacham International Airport Mitigation Program (DOE 3932); and find that the prices offered in the total amount of $87,000.00 are just compensation for the acquisition of the two properties; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 9 of 18 L-13697 There was presented Mayor and Council Communication No. L- Sale of Tax 13697 from the City Manager recommending that the City Council Foreclosed approve the sale of three tax foreclosed properties described as Properties Lot 15, Block 81, Fostepco Heights Addition (3205 Pecan Street), Lot 18, Block 15, Diamond Hill Addition (2701 Hutchinson Street) and Lot 21, Block 101, M.G. Ellis Addition (3206 Ross Avenue) to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. in accordance with Section 34.05 of the Texas Tax Code (DOE 920) for a total price of $8,209.63; and authorize the City Manager to execute the appropriate deeds, conveying the property to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. and record the necessary documents. It was the consensus of the City Council that the recommendation be adopted. L-13698 There was presented Mayor and Council Communication No. L- Permanent 13698 from the City Manager recommending that the City Council Water Main approve the acquisition of a permanent water main easement and a Easement & temporary construction easement described as part of the A.F. Temporary Albright Survey, Abstract No. 1849 from SF Pacific Properties, Inc. Construction for property located west of Main Street North and north of Loop Easement 820 NW (DOE 4088) necessary for the construction, maintenance and operation of the Northside II water transmission main between the McCandless Street and the Cantrell-Samson pump stations for $15,600.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13699 There was presented Mayor and Council Communication No. L- Permanent 13699 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements easements described as A-1497 and Lot 8-R, Block A, Benjamin Thomas Addition, Tarrant County, Texas, from Ronald Stults, Steve Cofer and Kenton Atkinson, respectively, 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 a total cost of $19,565.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. PZ-2511 It was the consensus of the City Council that Mayor and Council Heard with Communication No. PZ-2511, Institution and Approval of Zoning Docket Annexation of Approximately 52 Acres of Land, or .081 Square No. ZC-03-206 Miles (More or Less) Located North of W. J. Boaz Road, South of Bailey Boswell Road, East of Boat Club Road, and West of Bowman Roberts Road (AX-03-0007, Boswell Ranch Estates/Mae Tract), be heard with Zoning Docket No. ZC-03-206. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 10 of 18 C-19846 City Manager Jackson stated that this item was inadvertently Ord. #15743 reflected on the Council agenda as a public hearing; however a Amendment #2 public hearing was not required just Council action. to CSC #24975 — Kimley-Horn and There was presented Mayor and Council Communication No. C- Associates, Inc. 19846 from the City Manager recommending that the City Council: 1. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 24975 with Kimley-Horn and Associates, Inc. for additional design services and construction document revisions for three streetscape pilot projects in the North Main Street corridor between the Tarrant County Courthouse and 27th Street for an additional fee not to exceed $164,500.00, thereby increasing the total contract amount to $635,500.00; and 2. Authorize the transfer of $95,000.00 from the Contract Street Maintenance Fund to the Specially Funded Capital Projects Fund; and 3. Adopt Appropriation Ordinance No. 15743 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $95,000.00 from available funds for the purpose of funding the construction of a public art sculpture in the North Main Street corridor. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox; Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Lane C-19847 There was presented Mayor and Council Communication No. C- Ord. #15744 19847 from the City Manager recommending that the City Council: Turner Collie & Braden, Inc. 1. Authorize the transfer of the 25 percent local match for the Ninth Street Pedestrian and Streetscape Enhancement project in the amount of $375,000.00 from the Critical Projects Improvements Fund to the Grants Fund; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 11 of 18 2. Adopt Appropriation Ordinance No. 15744 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,500,000.00 from increased revenues for the purpose of funding a contract with Turner, Collie & Braden, Inc. for the Ninth Street Pedestrian and Streetscape Enhancement Project; and 3. Authorize the City Manager to enter into a planning, design, and engineering contract with Turner Collie & Braden, Inc. for an amount not to exceed $332,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19848 There was presented Mayor and Council Communication No. C- Turner Collie & 19848 from the City Manager recommending that the City Council: Braden, Inc. 1. Authorize the City Manager to enter into a joint contract with the Fort Worth Transportation Authority and Turner Collie & Braden, Inc. for the planning, design, and engineering of the Hyde Park Transit Plaza project, for an amount not to exceed $470,000.00; and 2. Authorize payment to the Fort Worth Transportation Authority for the City's share of local matching funds in the amount of $148,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19849 There was presented Mayor and Council Communication No. C- Amendment #1 19849 from the City Manager recommending that the City Council to CSC #28963 — authorize the City Manager to execute Amendment No. 1 to City Cheatham and Secretary Contract No. 28963 with Cheatham and Associates, Inc. Associates, Inc. in the amount of $18,010.00 to provide for additional engineering services, thereby increasing the contract amount to $39,510.00. It was the consensus of the City Council that the recommendation be adopted. C-19850 There was presented Mayor and Council Communication No. C- Ord. #15745 19850 from the City Manager recommending that the City Council: Camp Dresser & McKee 1. Adopt Appropriation Ordinance No. 15745 increasing estimated receipts and appropriations in the Water Capital CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 12 of 18 Projects Fund in the amount of $75,142.50 and the Sewer Capital Projects Fund in the amount of $75,142.50 from available funds awarding an engineering agreement with Camp Dresser & McKee for the purpose of funding Wholesale and Retail, Water and Wastewater Impact Fees to update Water and Wastewater Impact Fee Report; and 2. Authorize the City Manager to execute an engineering agreement with Camp Dresser & McKee, in an amount not to exceed $150,285.00 for updating the [Water and Wastewater] Land Use Assumptions and Capital Improvements Plan for the purpose of revising the impact fee ordinance. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for the designation of Fort Worth Neighborhood Empowerment Zone No. 12 and Tax Abatement Agreement with Lewis Carter Bledsoe and Barbara Babcock Blesdoe Revocable Living Trust and related findings of fact by the City Council for properties located in the Hemphill/Berry Neighborhood Empowerment Zone (NEZ). Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. John Cox, representing the Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C19851, as follows: C-19851 There was presented Mayor and Council Communication No. C- Ord. #15746 19851 from the City Manager recommending that the City Council: Lewis Carter 1. Hold a public hearing concerning the designation of 0.71 Bledsoe & acres of vacant land as described in Exhibit "A" as Fort Barbara Worth Neighborhood Empowerment Reinvestment Zone Babcock (FWNERZ) No. 12; and Bledsoe Revocable 2. Adopt Ordinance No. 15746 designating a certain area in the Living Trust City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 12, 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; and 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with the Lewis Carter Bledsoe and Barbara Babcock Bledsoe Revocable Living Trust are true and correct; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 13 of 18 4. Authorize the City Manager to enter into a Tax Abatement Agreement with the Lewis Carter Bledsoe and Barbara Babcock Bledsoe Revocable Living Trust for the properties in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one else present desiring to be heard in connection with the public hearing for the designation of Fort Worth Neighborhood Empowerment Zone No. 12 and Tax Abatement Agreement with Lewis Carter Bledsoe and Barbara Babcock Blesdoe Revocable Living Trust and related findings of fact by the City Council for properties located in the Hemphill/Berry Neighborhood Empowerment Zone, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and that Mayor and Council Communication No. C-19851 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane C-19852 There was presented Mayor and Council Communication No. C- Mike Sandlin 19852 from the City Manager recommending that the City Council Companies, Inc. authorize the City Manager to execute a Community Facilities Agreement with Mike Sandlin Companies, Inc., for the construction of water and sewer services to serve Innisbrook Place, Phase 1. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19853 There was presented Mayor and Council Communication No. C- Basswood/35 19853 from the City Manager recommending that the City Council Partners, L.P., a authorize the City Manager to execute a Community Facilities Texas Limited Agreement with Basswood/35 Partners, L.P., a Texas limited Partnership, by partnership, by Orinda Capital Partners, L.P., by Orinda Managers, Orinda Capital Inc., a Texas Corporation, for construction of water and sewer Partners, L.P., mains to serve Sandshell Commercial Addition. Council Member by Orinda Davis made a motion, seconded by Mayor Pro tempore McCloud, Managers, Inc. that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 14 of 18 C-19854 There was presented Mayor and Council Communication No. C- Summercreek 19854 from the City Manager recommending that the City Council South authorize the City Manager to execute a Community Facilities Development, Agreement with Summercreek South Development, Ltd., by its Ltd., by Its General Partner, 3720 Briarhaven, LLC, a Texas limited liability General Partner, company, for the construction of water and sewer services to serve 3720 Briarhaven, Summer Creek South, Phase 2. Council Member Davis made a LLC, a Texas motion, seconded by Council Member Picht, that the Limited Liability recommendation be adopted. The motion carried unanimously. Company Regular Zoning It appeared to the City Council that Resolution No. 3005 was Hearing adopted on October 21, 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 October 23, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. PZ-2511 There was presented Mayor and Council Communication No. PZ- Ord. #15747 2511 from the City Manager recommending that the City Council Annexation of 52 institute and consider the adoption of Ordinance No. 15747 Acres Located declaring certain findings; providing for the extension of certain North of W. J. boundary limits of the City of Fort Worth; providing for the Boaz Road, annexation of approximately 52 acres (.081 square miles) of land, South of Bailey more or less, being a tract of land situated in the R. Whitley Survey, Boswell Road, Abstract No. 1672, Tarrant County, being the remainder of that East of Boat same tract of land described in a deed to the 1995 John Duncan Club Road & McNeill Irrevocable Trust, Verna Mae, Tarrant County, Texas, West of Bowman hereinafter known as the Mae Tract (Case No. AX-03-0007), which Roberts Road said territory lies adjacent to and adjoins the present corporate (Boswell Ranch boundary limits of Fort Worth, Texas; providing that the territory Estates/Mae annexed shall bear its pro rata part of taxes; providing that the Tract) inhabitants thereof shall have all the privileges of all the citizens of AX-03-0007 Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. ZC-03-206 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of McNeill Family Partnership, LP for a change in zoning of property located at the southwest corner of Haltom-Bailey-Boswell Road and Bowman Roberts Road CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 15 of 18 from Unzoned and "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-03-206, be approved. The motion carried unanimously. ZC-03-254 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of James William Hudson, Jr. for a change in zoning of property located at 2409 Oakland Boulevard from "E" Neighborhood Commercial to "A-21" One- Family, Zoning Docket No. ZC-03-254, be approved. The motion carried unanimously. ZC-03-256 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Light of the World Lutheran Church for a change in zoning of property located at 8750 Old Denton Road from "A-7.5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-256, be approved. The motion carried unanimously. ZC-03-257 Council Member Silcox made a motion, seconded by Council SP-03-038 Member Davis, that the application of Corrigan Properties, Inc. for Continued Until a change in zoning of property located at 5000 South Hulen Street December 16, from "F" General Commercial to "PD/SU" Planned 2003 Development/Specific Use for all uses in "E" Neighborhood Commercial plus indoor amusement facilities and retail sales and service of automobile electronic parts, no automobile sales lots, repair service or rental facilities, and site plan for a retail center, Zoning Docket No. ZC-03-257 and Site Plan No. SP-03-038, be continued until December 16, 2003. (See letter of continuance). The motion carried unanimously. ZC-03-258 Council Member Silcox made a motion, seconded by Council Approved Member Stevenson, that the application of Mark Mattlage for a change in zoning of property located at 2941 and 2945 Northwest 30th Street from "E" Neighborhood Commercial to "A-5" One- Family, Zoning Docket No. ZC-03-258, be approved. The motion carried unanimously. ZC-03-259 Council Member Stevenson made a motion, seconded by Council Approved as Member Silcox, that the application of Ameripark Lodges of Fort Amended Worth, Inc. for a change in zoning of property located in the 6600 block of Lands End Court from "PD-404" Planned Development/Specific Use for senior retirement center to "CF" Community Facilities, Zoning Docket No. ZC-03-259, be approved, as amended, changing the zoning to PD/SU Planned CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 16 of 18 Development/Specific Use for all uses in "CF" Community Facilities, with monument sign, construction of masonry wall, and waiver of site plan. The motion carried unanimously. ZC-03-261 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of River Park II for a change in zoning of property located in the 2700 block of River Park Drive from "G" Intensive Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-261, be approved. The motion carried unanimously. ZC-03-262 Council Member Haskin made a motion, seconded by Council Continued Until Member Davis, that the application of Baptist Foundation of Texas, December 16, for a change in zoning of property located north of Heritage Trace 2003 Parkway, south of Golden Heights and east of Harmon Road from "C" Medium Density Multi-Family, "I" Light Industrial, "E" Neighborhood Commercial, "ER" Neighborhood Commercial Restricted, "R-2" Townhouse/Cluster Residential and "PD-26" Planned Development for "E" Neighborhood Commercial and "OM" Office Midrise to "A-5" One-Family and "E" Neighborhood Commercial, Zoning Docket No. ZC-03-262, be continued until December 16, 2003. The motion carried unanimously. ZC-03-263 Council Member Stevenson made a motion, seconded by Mayor Approved Pro tempore McCloud, that the application of Hillwood RLD, LP., for a change in zoning of property located at 465 Darlington Trail from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-263, be approved. The motion carried unanimously. ZC-03-188 Council Member Silcox made a motion, seconded by Council Member Stevenson, that the application of RKP Investment, Inc., Approved/ for a change in zoning of property located at 5001 through 5099 Denied Borden Drive from "E" Neighborhood Commercial and "FR" General Commercial to "AR" One-Family Restricted, Zoning Docket No. ZC-03-188, be approved/denied as follows: Approved: Denied: Lots 1 through 7 Lots 8 and 9 The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 17 of 18 ZC-03-215 Council Member Haskin made a motion, seconded by Council Denied Member Davis, that the application of Louis Hoang for a change in zoning of property located at 3216 Northeast 28th Street from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-03-215, be denied. The motion carried unanimously. SP-03-039 Council Member Davis made a motion, seconded by Mayor Pro Denied tempore McCloud, that the application of Baptist Foundation of Texas for a change in zoning of property located north of Heritage Trace Parkway, south of Golden Heights and east of Harmon Road for a site plan for one-family residences, Site Plan No. SP-03-039, be denied. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15748 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 Mr. Edward Drew, 3900 Barnett St., appeared before Council Presentations relative to his business, Universal. Edward Drew CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 11, 2003 PAGE 18 of 18 Dee Jay Mr. Dee Jay Johannessen, 329 Green River Trail, representing Johannessen Dean Corps, appeared before Council relative to providing volunteer community service projects. Robert McKee Mr. Robert McKee, 222 W. 4#" Street #211, representing Garrett Morgan Society, appeared before Council and expressed a belated happy birthday to Mayor Pro tempore McCloud; his appreciation for American flags being displayed downtown; and recognized Council Member Picht for his many years of service in the Air Force. Steve Hunt Mr. Steve Hunt, 1015 South Jennings #1013, appeared before Council relative to imports/exports to Cuba and Clear Channel Communications billboards. Adjournment There being no further business, the meeting was adjourned at 8:07 p.m. I Al CITY SECRETARY M OR