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HomeMy WebLinkAbout2003/10/14-Minutes-City Council CITY COUNCIL MEETING OCTOBER 14, 2003 Date & Time On the 14th day of October, 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, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Becky Haskin was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Earl King, Emanuel Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of October 7, 2003, were approved unanimously. Special Mayor Moncrief presented Council Member Davis with the Annika Presentations Sorenstam Award in recognition of her hole in one October 13, 2003, at Colonial Country Club. Council Member Davis introduced Project New and the ACORN Fall 2003 Class. Council Member Davis excused herself from the Council table at this time. Council Member Moss presented a Proclamation for Dr. Edward Guinn Day. Council Member Moss presented a Proclamation for Dr. James E. Guinn III Day. Council Member Stevenson presented a Proclamation for Beth Lea Clardy Day. Council Member Haskin assumed her chair. Mayor Pro tempore McCloud presented Certificates of Recognition to the following former Board and Commission members: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 2 of 22 Christopher Ebert Historic & Cultural Landmarks Commission Vicki Dickerson Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment Mary Ann Epps Fort Worth Commission on Women Council Member Silcox presented a Proclamation for Physical Therapy Month. Announcements Council Member Lane expressed appreciation to the men and women at the Texas Motor Speedway (TMS) and to Fort Worth Police Officers for putting on a great race October 11-12, 2003. He also expressed get-well wishes to Kenny Brack who was involved in an accident on the track at TMS. He additionally commended the men, women, doctors, and other health care professionals at Children's Medical Center in Dallas who worked to separate conjoined Egyptian twin boys October 12, 2003. Mayor Pro tempore McCloud announced that a City Wide Forum on the 2004 Comprehensive Plan and Capital Improvement Bond Program would be conducted October 23, 2003, at Will Rogers Memorial Center in the Round Up Inn. He added that the forum would start with an Open House at 5:30 p.m. where residents could ask staff questions on the Comprehensive Plan, and then at 7:00 p.m. residents would be able to provide their input on the proposed 2004 Bond Program. He encouraged everyone interested to attend. Council Member Silcox announced that the last workshop for the 2004 Capital Improvement Bond Program would be conducted October 16, 2003, at 3:00 p.m. in the Pre-Council Chamber and encouraged everyone to attend. Consent Agenda On motion of Council Member Stevenson, seconded by Council Member Lane, the consent agenda was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, to appoint the following individuals to boards and commissions indicated, effective October 14, 2003, and with expiration dates as reflected: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 3 of 22 Animal Shelter Advisory Council Place Name Expiration 1 Jim Leveritt October 1, 2005 3 Natalie Rayburn October 1, 2005 5 Roberta Florez October 1, 2005 7 Margaret Thomas October 1, 2005 Board of Adjustment & Fort Worth Alliance Airport Board of Adjustment 11 Susan Witts October 1, 2005 Downtown Design Review Board 1 J. D. Granger October 1, 2005 3 William Boecker October 1, 2005 5 J. Searcy October 1, 2005 6 Kenneth Moczulski October 1, 2004 Fort Worth Human Relations Commission 1 Perry Roc Pack October 1, 2005 3 Norma Esparza October 1, 2005 5 Troy Thorn October 1, 2005 7 Karen Anisman October 1, 2005 11 Richard Burnett October 1, 2005 Minority & Women Business Enterprise Advisory Committee Monte Elliott October 1, 2005 Marilou M. Stevens October 1, 2005 Carole Hicks Myers October 1, 2005 Wyntress Ware October 1, 2005 Javier Lucio October 1, 2005 Guadalupe Arriola October 1, 2005 Reba Henry October 1, 2005 Patricia A. Briggs October 1, 2005 Antoin J. Espritt October 1, 2005 Ann Kovich October 1, 2005 W. G. Daniels October 1, 2005 The motion carried unanimously. Council Member Stevenson made a motion, seconded by Council Member Silcox, that William Greenhill be appointed to Place 7 on the City Zoning Commission, effective October 14, 2003, and with a term expiring October 1, 2005. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 4 of 22 Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, to reaffirm the appointment of Brandy O'Quinn to the City Zoning Commission as recommended by Council Member Davis October 7, 2003. The motion carried unanimously. Res. #3004 There was presented Resolution No. 3004 nominating Craig L. Nominate Craig Kelly for appointment to the Board of Directors for the Tarrant L. Kelly for Appraisal District (TAD), effective October 14, 2003, and with a term Appointment to expiring October 1, 2005. Council Member Haskin made a motion, TAD Board of seconded by Council Member Lane, that the recommendation be Directors adopted. The motion carried unanimously. OCS-1377 There was presented Mayor and Council Communication No. OCS- Claims 1377 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-14123 There was presented Mayor and Council Communication No. G- Approve 14123 from the City Manager recommending that the City Council Applications for approve the applications from seven property owners for partial Historic Site Tax approval of the Historic Site Tax Exemption for properties located Exemption at 1717 Hurley Avenue, 2215 5t" Avenue, 1625 Fairmount Avenue, Pertaining to 2211 Fairmount Avenue, 2335 Mistletoe Avenue, 1921 South Historically Henderson Street and 1912 Hurley Avenue. It was the consensus Designated of the City Council that the recommendation be adopted. Properties G-14124 There was presented Mayor and Council Communication No. G- Verify Historic 14124 from the City Manager recommending that the City Council Site Tax approve the applications from three property owners for Exemption for verification of the Historic Site Tax Exemption for 1625 Fairmount Various Avenue, 2227 6t" Avenue and 2224 Hurley Avenue. It was the Properties consensus of the City Council that the recommendation be adopted. G-14125 There was presented Mayor and Council Communication No. G- Reappoint Jesse 14125 from the City Manager recommending that the City Council Zamarripa as confirm the reappointment of Mr. Jesse Zamarripa as a member of Member of Civil the City of Fort Worth Firefighters' and Police Officers' Civil Service Service Commission for a three-year term expiring October 1, 2006, Commission or, as required by Section 1.05 of the City of Fort Worth Firefighters' and Police Officers' Civil Service Rules and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 5 of 22 Regulations, until a successor is appointed, confirmed and qualified. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-9867 There was presented Mayor and Council Communication No. P- Concrete 9867 from the City Manager recommending that the City Council Manhole authorize a purchase agreement for concrete manhole sections Sections from Paradigm Outdoor Supply through Texas Procurement Center for the Water Department based on the low bid of unit prices, with payment due 30 days after receipt of invoice; and authorize this agreement to begin October 14, 2003, and expire October 15, 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-9868 There was presented Mayor and Council Communication No. P- Audio Books 9868 from the City Manager recommending that the City Council amend the amount authorized for audio books from Books on Tape, Inc. and Recorded Books, LLC for the Library Department by $65,000.00. It was the consensus of the City Council that the recommendation be adopted. L-13669 There was presented Mayor and Council Communication No. L- Permanent 13669 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements easements described as parts of John Smith Survey, Abstract No. 1446, M.G. Elkins Survey, Abstract No. 502, Joel L. Hallum Survey, Abstract No. 723, and part of Lot 3, Block 1, South Village on the Creek Addition, Tarrant County, Texas, from the City of Arlington required for the construction of Main 244A-Parallel Relief Sewer (DOE 3295) in east Tarrant County for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13670 There was presented Mayor and Council Communication No. L- Permanent 13670 from the City Manager recommending that the City Council Sanitary Sewer authorize the acceptance of one permanent sanitary sewer Easement easement described as A-1447, James J. Scott Survey, Tarrant County, Texas, from BEW Properties, Ltd. (DOE 4039) needed to provide sanitary sewer service for future development of the Brookwood Park Addition located north of Everman Parkway between 1-35W and Union Pacific Railroad for $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 6 of 22 L-13671 There was presented Mayor and Council Communication No. L- Acquisition of 13671 from the City Manager recommending that the City Council Single-Family authorize the acquisition of five single-family residential properties Residential at 3413 Pearl Avenue, 3419, 3504, 3510 and 3302 Chestnut Avenue Properties for in conjunction with the Meacham International Airport Mitigation Meacham Program (DOE 3932); and find that the prices offered in the total International amount of $301,000.00 to be just compensation for the acquisition Airport of the five properties; and authorize the acceptance and recording Mitigation of the appropriate instruments. It was the consensus of the City Program Council that the recommendation be adopted. L-13672 There was presented Mayor and Council Communication No. L- Permanent 13672 from the City Manager recommending that the City Council Water Line approve the acceptance of a permanent water line easement Easement described as a portion of the Mary Johnson Survey, Abstract No. 858 from Mercantile Partners L.P. for property located east of 1-35W and south of Meacham Boulevard (DOE 4129) necessary for the construction, operation, maintenance, and repair of a water line to serve the Mercantile Center Addition for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13673 There was presented Mayor and Council Communication No. L- Relocation & 13673 from the City Manager recommending that the City Council Moving Expense authorize the payment of relocation, moving and other related Payments for expenses to displaced homeowners/tenants in connection with the Meacham Noise Mitigation Program, Phase IV-A (DOE 3932) at Fort Worth International Meacham International Airport for a maximum total amount of Airport Noise $890,000.00. It was the consensus of the City Council that the Mitigation recommendation be adopted. Program, Phase IV-A L-13674 There was presented Mayor and Council Communication No. L- Pipeline 13674 from the City Manager recommending that the City Council Crossing authorize the City Manager to enter into a perpetual pipeline Agreement crossing agreement with Union Pacific Railroad Company (DOE 3758) needed for a proposed 8-inch sanitary sewer line replacement crossing Union Pacific Railroad Company tracks in Union Pacific Northeast Yards, which is located near the intersection of South Main Street and Allen Avenue in southeast Fort Worth, Water and Sanitary Sewer Replacement Contract 2002 STM-L, for a one-time cost of $11,688.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 7 of 22 L-13675 There was presented Mayor and Council Communication No. L- Right-of-Way 13675 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of a Right-of-Way Dedication Deed from AIL Investment, LP for property described as A-457, John Edmonds Survey, Tarrant County, Texas, located north of Wall- Price Keller Road and west of Corral Drive for proposed storm drain infrastructure to serve the Kingsridge Addition (DOE 3819) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. City Secretary Pearson stated that Mayor and Council Communication Nos. PZ-2507 and PZ-2508 had associated zoning cases and each would be heard in conjunction with their zoning cases during the Zoning Hearing. PZ-2507 It was the consensus of the City Council that Mayor and Council Heard with Communication No. PZ-2507, Institution and Approval of Zoning Docket Annexation of Approximately 59.047 Acres Located North of Keller No. ZC-03-222 Haslet Road, South of Westport Parkway, East of Caylor Road and West of Old Denton Road (Annexation Case No. AX-03-0009, Woodhaven Homes Development), be heard with Zoning Docket No. ZC-03-222. PZ-2508 It was the consensus of the City Council that Mayor and Council Heard with Communication No. PZ-2508, Institution of Annexation and Zoning Docket Adoption of Ordinance Annexing Approximately 7,257 Acres of No. ZC-03-213 Land, Located North of IH-30 South to IH-20, south of IH-20, East of Farmer Road and West of the Waste Management Site and Lost Creek Ranch Subdivision, Parker and Tarrant Counties for Limited Purposes and Adopting Regulatory Plan (Annexation Case No. AX- 03-0010) (Walsh Ranch), be heard with Zoning Docket No. ZC-03- 213. C-19808 There was presented Mayor and Council Communication No. C- Maximus, Inc. 19808 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Maximus, Inc. for a three-year term, with the option to renew for three additional one-year periods, for an annual amount not to exceed $33,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19809 There was presented Mayor and Council Communication No. C- Change Order#2 19809 from the City Manager recommending that the City Council to CSC #28563 — authorize Change Order No. 2 to City Secretary Contract No. 28563 R-CON, Inc. with R-CON, Inc. for the 16-inch Water Main Extension in Hemphill CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 8 of 22 Street and McPherson Boulevard, from Deer Creek Park to Union Pacific Railroad Crossing, in the amount of $35,954.00, thereby increasing the total contract amount to $442,390.80. It was the consensus of the City Council that the recommendation be adopted. C-19810 There was presented Mayor and Council Communication No. C- Change Order 19810 from the City Manager recommending that the City Council #24 to CSC authorize the City Manager to execute Change Order No. 24 to City #26482 — Kinsel Secretary Contract No. 26482, a construction contract with Kinsel Industries, Inc. Industries, Inc., for the North Holly Water Treatment Plant Improvements, Phase I, in the amount of $266,478.00 thereby increasing the contract amount to $21,879,936.91. It was the consensus of the City Council that the recommendation be adopted. C-19811 There was presented Mayor and Council Communication No. C- William Rigg 19811 from the City Manager recommending that the City Council Company authorize the City Manager to exercise the first of two consecutive one-year renewal options for the Broker of Record Agreement with William Rigg Company as the City's broker for the procurement of property and casualty insurance and boiler and machinery insurance policies; and authorize the purchase of the City's commercial property insurance at a total premium cost of $1,204,154.00; and authorize the purchase of the City's commercial boiler and machinery insurance at a total cost of $87,707.00. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19812 There was presented Mayor and Council Communication No. C- Change Order#4 19812 from the City Manager recommending that the City Council to CSC #28662 — authorize the City Manager to execute Change Order No. 4 to City AUI Contractors, Secretary Contract No. 28662 with AUI Contractors, LP in the LP amount of $35,665.04 to provide for additional pay item quantities thereby increasing the contract amount to $1,393,941.25. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-19813 There was presented Mayor and Council Communication No. C- Arcadia Land 19813 from the City Manager recommending that the City Council Partners 19, Ltd. authorize the City Manager to execute a Community Facilities Agreement with Arcadia Land Partners 19, Ltd. for the installation CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 9 of 22 of water and sewer services to service Marine Creek Ranch, Phase 2. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19814 There was presented Mayor and Council Communication No. C- Gershman, 19814 from the City Manager recommending that the City Council Brickner, & authorize the City Manager to execute a contract with Gershman, Bratton Brickner, and Bratton, Inc. for professional services related to the implementation and evaluation of the City of Fort Worth's Solid Waste Management Program. The estimated amount for this contract is $41,958.00. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, and Stevenson NOES: Council Members Silcox and Picht ABSENT: Council Member Davis Public Hearing It appeared that the City Council set today as the date for the Consideration of second public hearing for consideration of Verified Alarm Verified Alarm Response. Mayor Moncrief asked if there was anyone present Response desiring to be heard. Chief Ralph Mendoza, representing the Police Department, appeared before Council and gave a staff report. Council Member Davis assumed her chair. Mayor Moncrief prefaced citizen comment by stating that it was the Council's intent to return this issue to the Public Safety Committee for further review and recommendations. Anne Syler Ms. Anne Syler, 10908 Hornby St., appeared before Council in support of the Verified Alarm Response proposal. The following individuals appeared before Council in opposition of the Verified Alarm Response proposal: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 10 of 22 George Felan, Mr. George D. Felan 3507 N. Main St. Richard Mr. Richard Thompson No address given Thompson, Mr. Tim Tatom 4208 Buttonwood Rd. Tim Tatom, Mr. Joe Garcia 1504 Roberts Cutoff Joe Garcia, Ms. Juanita Harwell 5521 Boca Raton Juanita Harwell, Ms. Cindy Arnold 5933 Waits Ave. Cindy Arnold, Gary Gibson, Mr. Gary N. Gibson 6678 Trinity Heights Blvd. Greg Huse, Mr. Greg Huse 104 Lakeridge Rd. W.F. Allison, Mr. W. F. Allison 6524 S. Dover Terrace Luther Rust, Mr. Luther Rust 7512 Nutwood PI. Gyneen Ms. Gyneen Boudreaux 5900 Ash Flat Dr. Boudreaux, Mr. Nathan Bryant 10545 Mapleridge, Dallas, TX Nathan Bryant, Mr. Jerry Ray 1724 W. Broadus Jerry Ray, Ms. Kimberly Kasper 6129 Malvey Ave. Kimberly Kasper, Ms. Beverly Adkins 4420 Overton Terrace Beverly Adkins, Mr. David Hinshaw 5401 E. Lancaster David Hinshaw, Ms. Susan Sipple 2204 W. Magnolia Susan Sipple, Barbara Espejo, Ms. Barbara Espejo 1604 Arbor Ridge Dr. Carol Aldrich, Ms. Carol Ray Aldrich 3001 Avenue G Bobbie New Ms. Bobbie I. New 1700 Eagle Stan Martin Mr. Stan Martin 11209 New Orleans Dr., Frisco, TX Peggy Saint- Ms. Peggy Saint-Michel 22566 th Ave. Michel, Mr. Christopher Manuel 1405 Langston St. Christopher Ms. Ora Robinson 5555 Turner St. Manuel, Mr. Michael Bell 3728 E. Berry St. Ora Robinson, Mr. Richard Haskell 621 Edgefield Rd. Michael Bell, Ms. Janett Arnold 2929 Portales Dr. Richard Haskell, Mr. Steve Hilliard 2221 Green Hill Cir. Janett Arnold, Steve Hilliard, Ms. Stephanie Enlow 2515 Tandy Ave. Stephanie Enlow, Mr. Frank J. Wallace 3823 Kelvin Ave. Frank Wallace, Mr. Bill Johnson 7201 Nasilla Bill Johnson, Ms. Pamela Starling 8128 Sweetwater Lane Pamela Starling, Ms. Colleen Jones 3427 Purington Ave. Colleen Jones, Ms. Kimberly Newcomer 2705 Benbrook Blvd. Kimberly Newcomer Recessed/ Mayor Moncrief recessed the meeting at 9:23 p.m. and reconvened Reconvened at 9:34 p.m. ZC-03-142 It appeared that the City Council, at its meeting of August 12, 2003, Withdrawn continued the hearing of the application of Manhattan Apts. Partnership for a change in zoning of property located east of 6900 CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 11 of 22 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. City Attorney Yett stated that a letter had been received from the applicant requesting the zoning application be withdrawn. He further stated that the proper motion would be to accept the withdrawal that had the effect of denying the case without prejudice. There being no one else present desiring to be heard in connection with the application of Manhattan Apts. Partnership, Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-142 be withdrawn. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 2994 was Hearing adopted on September 16, 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 September 24, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-190 Ms. Jyl De Haven, 2012 Tam O'Shanter, applicant for the property, Denied With appeared before Council in support of the zoning change and Prejudice requested their favorable consideration. Jyl De Haven The following individuals appeared before Council in opposition of the zoning change: Wendell Dr. Wendell Campbell 5325 Bonnell St. Campbell, Ms. Dorothy DeBose 5713 Humbert Dorothy DeBose, Mr. Leroy Baldwin 2921 Lake Como Dr. Leroy Baldwin, Ms. Willie M. Westbrook 5613 Houghton Ave. Willie Westbrook, Mr. Tommy McFarland 5804 Geddes Ave. Tommy Ms. Elsie Green 5813 Geddes Ave. McFarland, Mr. Louis Bell 5049 Wilmington Elsie Green, Louis Bell, Mr. Eric Billips 5235 Bonnell Ave. Eric Billips CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 12 of 22 Council Member Stevenson made a motion, seconded by Council Member Silcox, that the application of Lillie Williams for a change in zoning of property located at 5825 Donnelly Avenue from "C" Medium Density Multi-Family to "PD/MU-1" Planned Development for all uses in "MU-1" Low Intensity Mixed-Use with maximum plate height of 32 feet, Zoning Docket No. ZC-03-190, be denied with prejudice. The motion carried unanimously. ZC-03-201 Council Member Lane made a motion, seconded by Council SP-03-027 Member Moss, that the application of Arcadia Lots, Ltd. for a Approved change in zoning of property located west of 8900 block of North Beach Street from "A-5" One Family to "PD/SU" Planned Development/Specific Use for amenity center, Zoning Docket No. ZC-03-201 and Site Plan No. SP-03-027, be approved. The motion carried unanimously. ZC-03-211 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of Jason Burroughs for a change in zoning of property located at 5009 Saunders Road from "B" Two-Family to "I" Light Industrial, Zoning Docket No. ZC-03- 211, be approved. The motion carried unanimously. ZC-03-212 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Kunwar Mahendra for a change in zoning of property located at 2807, 2809 and 2811 Deen Road and 2413 Northeast 28th Street from "B" Two-Family and "J" Medium Industrial to "E" Neighborhood Commercial, Zoning Docket No. ZC-03-212, be approved. The motion carried unanimously. ZC-03-213 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of Walsh Ranch, L.P. for a change in zoning of property located north of Aledo Iona Road, south of White Settlement Road and east of FM 1187 from Unzoned to "PD/SU" Planned Development/Specific Use for low density residential, multifamily residential, public, civic, commercial and industrial uses, with waiver of site plan recommended, Zoning Docket No. ZC-03-213, be approved. (See M&C PZ-2508). The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 13 of 22 PZ-2508 There was presented Mayor and Council Communication No. PZ- Ord. #15714 2508 from the City Manager recommending that the City Council Limited Purpose institute and adopt Ordinance No. 15714 declaring certain findings; Annexation of providing for limited purpose annexation of a certain 7,257 acres 7,257 Acres of (11.339 square miles) of land, more or less, located north of IH-30 Land, Located South to IH-20, south of IH-20, east of Farmer Road and west of the North of IH-30 Waste Management Site and Lost Creek Subdivision, in Tarrant South to IH-20, South of IH-20, County and Parker County, Texas (Annexation Case No. AX-03- East of Farmer 0010, Walsh Ranch), which said territory lies adjacent to and Road &West of adjoins the present corporate boundary limits of Fort Worth, Waste Texas; providing that this ordinance shall amend every prior Management Site ordinance in conflict herewith. Council Member Silcox made a & Lost Creek motion, seconded by Council Member Davis, that the Ranch recommendation be adopted. The motion carried unanimously. Subdivision, Parker& Tarrant Countries (Walsh Ranch) AX-03-0010 ZC-03-216 Council Member Silcox made a motion, seconded by Council Approved Member Stevenson, that the application of Polo Club Office Park for a change in zoning of property located in the 9800-10000 blocks of Richland Street and 3100 and 3200 block of Longvue Avenue from "MH" Manufactured Housing and "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC-03-216, be approved. The motion carried unanimously. ZC-03-217 Council Member Haskin made a motion, seconded by Council Approved Member Stevenson, that the application of W.W. Investments for a change in zoning of property located at 6901 John T. White Road from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-217, be approved. The motion carried unanimously. ZC-03-219 Council Member Moss made a motion, seconded by Council SP-03-034 Member Lane, that the application of Charles Lawhon for a change Approved in zoning of property located at 4600 East Loop 820 South from "B" Two-Family to "PD/SU" Planned Development/Specific Use for selected uses in "I" Light Industrial, with site plan for nursery, warehouse, showrooms and office, Zoning Docket No. ZC-03-219 and Site Plan No. SP-03-034, be approved on the condition the site plan be amended to ensure that the trees on the east end (110 feet) of the property would remain. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 14 of 22 ZC-03-221 Council Member Haskin expressed concern with the 60-foot high SP-03-036 pole sign and inquired if the applicant had considered entering into Continued for a unified sign agreement. One Week Emilou Barnes Ms. Emilou Barnes, 3800 Forest Lane, Dallas, Texas, representing Home Depot, stated that a unified sign agreement was not an option, as it would encumber the property. She added that they must have the 60-foot sign for it to be visible from Loop 820. Council Member Stevenson made a motion, seconded by Council Member Davis, that the application of West Loop 820 Partners for a change in zoning of property located in the 9500 block of White Settlement Road from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" plus outside storage and display, with site plan for home improvement store, Zoning Docket No. ZC-03-221 and Site Plan No. SP-03-036, be continued for one week. The motion carried unanimously. ZC-03-222 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of John Deere Landscapes, Inc. for a change in zoning of property located in the 4700 block of Keller Haslet Road from Unzoned to "A-5" One-Family, Zoning Docket No. ZC-03-222, be approved. (See M&C PZ-2507). The motion carried unanimously. PZ-2507 There was presented Mayor and Council Communication No. PZ- Ord. #15715 2507 from the City Manager recommending that the City Council to Annexation of institute and consider the adoption of Ordinance No. 15715 59.047 Acres declaring certain findings; providing for the extension of certain Located North of boundary limits of the City of Fort Worth; providing for the Keller Haslet annexation of approximately 59.047 acres (.0922 square miles) of Road, South of land, more or less, being a tract of land situated in the Jose Chirino Westport Survey, Abstract No. 265 and being a portion of that certain tract of Parkway, East of land described by deed to McGinnis Farms, Inc., d/b/a John Deere Caylor Road & Landscapes, Tarrant County, Texas, also being a portion of that West of Old certain tract of land described by deed to Clayton A. Conley and Denton Road wife, Ora L. Conley, Tarrant County, Texas, and also being all that (Woodhaven tract of land described by deed to William Henry Krass and wife, Homes Carolyn Sue Krass, Tarrant County, Texas (Annexation Case No. Development) AX-03-0009, Woodhaven Homes Development), which said territory AX-03-0009 lies adjacent to and adjoins the present corporate boundary limits of Fort Worth Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 15 of 22 shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every other prior ordinance in conflict herewith. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. ZC-03-223 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Mike Carrancejie for a change in zoning of property located south of Cromwell-Marine Creek Road, east of Boat Club Road, west of Bowman Roberts Road and north of Ten Mile Bridge Road from "C" Medium Density Multi-Family, "R-1" Zero Lot Line/Cluster Residential and "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-223, be approved. The motion carried unanimously. ZC-03-224 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Pulte Homes of Texas, L.P. for a change in zoning of property located at the southeast corner of North Beach Street and Jaylin Street from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-224, be approved. The motion carried unanimously. ZC-03-225 Council Member Silcox made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3113 and 3116 Winthrop Avenue and 6040 Camp Bowie Boulevard from "E" Neighborhood Commercial and "F" General Commercial to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-03-225, be approved with the amendment that the property at 3113 and 3116 Windthrop Avenue be rezoned as requested but that the property at 6040 Camp Bowie be zoned "PD/MU-1" Planned Development/Low Intensity Mixed Use with a maximum height of 35 feet and waiver of site plan. The motion carried unanimously. ZC-03-226 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of 35 W. Investment, L.P. for a change in zoning of property located east of 2000 block of Chapel Creek Boulevard and west of the 2000 block of Academy Boulevard from "C" Medium Density Multi-Family, "E" Neighborhood Commercial and "F" General Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-226, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 16 of 22 ZC-03-227 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of One Woodland Springs for a change in zoning of property located in the 11900 block of Alta Vista Road from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-227, be approved. The motion carried unanimously. ZC-03-229 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3511 Pecan Street North from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-229, be approved. The motion carried unanimously. Council Member Davis stated that Zoning Docket Nos. ZC-03-230 through ZC-03-235 were all City initiated zoning and requested they be approved simultaneously. ZC-03-230 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2403 Clinton Avenue from "F" General Commercial to "A-5" One- Family, Zoning Docket No. ZC-03-230, be approved. The motion carried unanimously. ZC-03-231 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3322 Avenue M from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-231, be approved. The motion carried unanimously. ZC-03-232 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2836 Burchill Road South from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-03-232, be approved. The motion carried unanimously. ZC-03-233 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 4325 Carmel Avenue from "B" Two-Family to "A-5" One Family, Zoning Docket No. ZC-03-233, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 17 of 22 ZC-03-234 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5405 Cottey Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-234, be approved. The motion carried unanimously. ZC-03-235 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5409 Cottey Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-235, be approved. The motion carried unanimously. ZC-03-236 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5115 Pinson Street from "B" Two-Family to "A-21" One-Family, Zoning Docket No. ZC-03-236, be approved. The motion carried unanimously. Council Member Davis stated that Zoning Docket Nos. ZC-03-237 through ZC-03-253 were all City initiated zoning and requested they be approved simultaneously. ZC-03-237 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3716 Avenue L from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-237, be approved. The motion carried unanimously. ZC-03-238 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2825 Burchill Road from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-238, be approved. The motion carried unanimously. ZC-03-239 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2700 Miller Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-239, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 18 of 22 ZC-03-240 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5409 Pinson Street from "B" Two-Family to "A-10" One-Family, Zoning Docket No. ZC-03-240, be approved. The motion carried unanimously. ZC-03-241 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5609 Humbert Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-241, be approved. The motion carried unanimously. ZC-03-242 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5605 Wellesley Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-242, be approved. The motion carried unanimously. ZC-03-243 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 5336 Fletcher Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-243, be approved. The motion carried unanimously. ZC-03-245 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2717 Belzise Terrace from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-245, be approved. The motion carried unanimously. ZC-03-246 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2909 Burton Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-246, be approved. The motion carried unanimously. ZC-03-247 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 19 of 22 2801 Crenshaw Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-247, be approved. The motion carried unanimously. ZC-03-248 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1212 Jessamine Street East from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-03-248, be approved. The motion carried unanimously. ZC-03-249 Council Member Davismade a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1462 Magnolia Avenue East from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-03-249, be approved. The motion carried unanimously. ZC-03-250 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1807 Ash Crescent Street from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-03-250, be approved. The motion carried unanimously. ZC-03-251 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2636 Carter Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-251, be approved. The motion carried unanimously. ZC-03-252 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1612 Logan Street from "I" Light Industrial to "B" Two-Family, Zoning Docket No. ZC-03-252, be approved. The motion carried unanimously. ZC-03-253 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 510 Paradise Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-03-253, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 20 of 22 ZC-03-134 It appeared that the City Council, at its meeting of June 3, 2003, SP-03-019 continued the hearing of the application of Jay and Barbara Denied Without Hedges for a change in zoning of property located at 6500 Bridge Prejudice Street from "PD/SU" Planned Development/Specific Use/Intensive Commercial to "PD/SU" Planned Development/Specific Use for a City-managed public collection/disposal facility, Zoning Docket No. ZC-03-134 and Site Plan No. SP-03-019. Mayor Moncrief asked if there was anyone present desiring to be heard. City Manager Jackson stated that a letter had been received from the applicant requesting withdraw of this case. There being no one else present desiring to be heard in connection with the application of Jay and Barbara Hedges, Council Member Haskin made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 03-134 and Site Plan No. SP-03-019 be denied without prejudice. The motion carried unanimously. ZC-03-214 Council Member Davis made a motion, seconded by Mayor Pro SP-03-032 tempore McCloud that the application of Juan Garcia for a change Denied With in zoning of property located at 2419 Hemphill Street from "PD- Prejudice 265" Planned Development for a commercial office and warehouse to amend "PD-265" to include a restaurant, Zoning Docket No. ZC- 03-214 and Site Plan No. SP-03-032, be denied with prejudice. The motion carried unanimously. ZC-03-218 Mr. Lemuel W. Taylor III, 5655 Worrell, appeared before Council in SP-03-033 opposition of the denial. He requested Council permit him to use Denied Without the property to sell Christmas trees and have outside displays for a Prejudice six-week period. Lemuel Taylor Council Member Picht made a motion, seconded by Council Member Davis, that the application of Shawn Livingston for a change in zoning of property located at 6720 McCart Avenue from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" plus the sale of Christmas trees, yard art and flowers, Zoning Docket No. ZC-03-218 and Site Plan No. SP-03-033, be denied without prejudice. The motion carried unanimously. ZC-03-207 It appeared that the City Council, at its meeting of September 9, Continued for 2003, set today as the date for a Special Hearing of the application Two Weeks of Mary Pena and Hilario Gomez for a change in zoning of property CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 21 of 22 located at 920 Winnie Street from "B" Two-Family to "I" Light Industrial, Zoning Docket No. ZC-03-207. Mayor Moncrief asked if there was anyone present desiring to be heard. Mary Pena Ms. Mary Pena, 917 Winnie St., appeared before Council in support of the zoning change. She stated that she had obtained 63 signatures of neighborhood residents in support of this issue. John Taylor Mr. John F. Taylor, 1040 Burnett Plaza, appeared before Council in opposition of the zoning change. He stated that his property was in the middle of residential property and asked that the application be denied. There being no one else present desiring to be heard in connection with the Mary Pena and Hilario Gomez, Council Member Moss made a motion, seconded by Council Member Haskin, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-207 be continued for two weeks. 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 Moss made a motion, seconded by Council Member Haskin, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15716 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. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 14, 2003 PAGE 22 of 22 Citizen Ms. Jeanette E. Rincon, 1421 Robinwood Dr., President, Carter Presentations Riverside Neighborhood Association, appeared before Council Jeanette Rincon relative to the 2004 Capital Improvement Program. Angela Lutts Ms. Angela Lutts, 8721 Lake Meadows Lane, representing Lakes of River Trails Homeowners Association, appeared before Council relative to the 2004 Capital Improvement Program and requested improvements be made to Precinct Line road. Clifford Proffitt Mr. Clifford Proffit, P. O. Box 7484, appeared before Council relative to the 2004 Capital Improvement Program and requested improvements be made to the historic Six Points intersection of the City. Richard Mr. Richard Thompson appeared before Council regarding Thompson changes in the state law that allowed police to issue citations for a missing front license plate. Adjournment There being no further business, the meeting was adjourned at 11:03 p.m. CITY S ETARY MAYOR