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HomeMy WebLinkAbout2002/04/09-Minutes-City Council CITY COUNCIL MEETING AP RI L 9, 2002 Date & Time On the 9t" day of April, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:15 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Demetrius Warren, Bethel Salter A.M.E. Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Wentworth, the minutes of the regular meeting of April 2, 2002, were approved unanimously. Special Council Member Moss presented a Proclamation for Fair Housing Presentations Awareness Month to Karen Anisman, Chair of the Human Relations Commission. Council Member Lane presented a Proclamation for Child Abuse Prevention Month to Dan White, President of Lives for Children. Citizen Mrs. Mollie Lasater, 1301 Humble Court, appeared before Council Presentation regarding adaptive reuse of the Modern Art Museum. Announcements City Manager Jackson stated that City Council had received an update from staff relative to the ordinance on mobile vendors. He added that the Council would reevaluate the ordinance within 30-45 days and during that time enforcement of the curfew hours would be suspended. Mr. Jackson encouraged the vendors present in the Council Chamber to meet with staff in the Pre-Council Chamber where they were to receive additional information and present their concerns. Council Member Lane underscored Mr. Jackson's comments that the enforcement of the curfew hours would be suspended, but not the requirements of a permit and inspections by the Health Department. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-19041 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 2 of 22 Consent Agenda On motion of Mayor Pro tempore McCloud, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Council Member Davis, to reappoint Jim Austin to the Tarrant County 9-1-1 Emergency Assistance District Board, effective April 9, 2002, and with a term expiring April 1, 2004. The motion carried unanimously. Res. #2824 There was presented Resolution No. 2824 by the City Council of D/FW Airport the City of Fort Worth, approving the issuance and sale of Facility Dallas/Fort Worth (D/FW) International Airport Facility Improvement Improvement Corporation American Airlines, Inc. Revenue Bonds, Series 2002 if Corporation specified parameters are met; approving documents related American thereto; and related matters. Mayor Pro tempore McCloud made a Airlines, Inc. motion, seconded by Council Member Moss, that the resolution be Revenue Bonds, adopted. The motion carried unanimously. Series 2002 Ord. #15066 There was presented Ordinance No. 15066 by the City Council of Amend to the City of Fort Worth, amending in part the 32nd Supplemental Concurrent Concurrent Bond Ordinance relating to Dallas/Fort Worth (D/FW) Bond Ordinance International Airport Joint Revenue Commercial Paper Notes. Relating to D/FW Joint Revenue City Attorney Yett stated that Article II, Eligible Project, of the Commercial ordinance needed to be amended to add "...by the Board and Paper Notes Cities..." after "...amended and revised..." Council Member Moss made a motion, seconded by Council Member Haskin, that the ordinance be adopted, as amended. The motion carried unanimously. Res. #2825 There was presented Resolution No. 2825 by the City Council of Villas of the City of Fort Worth, approving restated Articles of Organization Eastwood and first amended and restated Regulations of the Villas of Terrace, LLC Eastwood Terrace, LLC. Council Member Moss made a motion, seconded by Council Member Lane, that the resolution be adopted. The motion carried unanimously. OCS-1275 There was presented Mayor and Council Communication No. OCS- Claims 1275 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 Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 3 of 22 G-13585 There was presented Mayor and Council Communication No. G- Extension of 13585 from the City Manager recommending that the City Council Injury Leave-of- approve Police Officer Robert L. Coe's second request for an Absence Pay for extension of injury leave-of-absence pay benefits for four months. Police Officer It was the consensus of the City Council that the recommendation Robert L. Coe be adopted. G-13586 There was presented Mayor and Council Communication No. G- Ord. #15067 13586 from the City Manager recommending that the City Council: Provide Continuing 1. Accepts funds in the amount of $1,392.76 from the Texas Education and Comptroller of Public Accounts to provide continuing Training to Fire education and training to persons licensed under Chapter Department, Fire 415 of the Texas Local Government Code; and Investigation Division 2. Adopt Appropriation Ordinance No. 15067 increasing estimated receipts and appropriations in the Special Trust Fund, Law Enforcement Officer Standards and Education (LEOSE) Funds in the amount of $1,392.76 from available funds for the purpose of funding continuing education and training for the Fire Department, Fire Investigators. It was the consensus of the City Council that the recommendation be adopted. G-13587 There was presented Mayor and Council Communication No. G- Nominate 13587 from the City Manager recommending that the City Council Certain authorize the City Manager to nominate various transportation Transportation projects for funding through the North Central Texas Council of Projects for Governments (NCTCOG) 2002 Strategic Programming Initiative. NCTCOG 2002 Council Member Haskin made a motion, seconded by Council Strategic Member Lane, that the recommendation be adopted. The motion Programming carried unanimously. Initiative G-13588 There was presented Mayor and Council Communication No. G- Delayed Until 13588 from the City Manager recommending that the City Council After Executive approve the settlement of the lawsuit entitled Luis T. Hernandez, et Session al v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318 for $750,000.00, plus taxable court costs not to exceed $25,000.00, and reasonable guardian and litem fees as approved by the court, in order to complete this settlement. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 4 of 22 City Attorney Yett advised Council that staff recommended delaying this issue until after Executive Session. Mayor Barr stated that Mayor and Council Communication No. G- 13588 would be delayed until after Executive Session. P-9566 There was presented Mayor and Council Communication No. P- Continued for 9566, dated March 19, 2002, from the City Manager recommending Two Weeks that the City Council authorize an amendment to City Secretary No. 26677 with Avizion Technologies Group, Inc. for the Information Technology Solutions Department to expand the level of services provided using State of Texas Catalogue purchasing procedures. David Miller, Director of IT Solutions, briefed Council on the expansion of services that would be provided by Avizion through the contract amendment. He advised Council that an independent third party could perform the same services, but would have to work in tandem with Avizion representatives until their contract expired which would result in additional cost to the City. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication P-9566 be continued for two weeks. Greg Shirey Mr. Greg Shirey, 6064 Wimbleton Way, appeared before Council in opposition of amending the contract. He addressed Council Member Wentworth's query relative to upgrading operating systems by former employees, by stating that staff never received direction from IT Solutions management staff to upgrade the systems and management was unresponsive to employee suggestions to upgrade the operating systems. The motion carried unanimously. P-9574 There was presented Mayor and Council Communication No. P- Reject Bid and 9574 from the City Manager recommending that the City Council Authorize Rebid authorize rejection of the sole bid from the Senior Citizen Services for Summer of Greater Tarrant County, Inc.; and authorize rebid of the Summer Food Program Food Program for the Parks and Community Services Department. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 5 of 22 L-13268 There was presented Mayor and Council Communication No. L- Permanent 13268 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as A-417, W. M. Doshier Survey, Tarrant County, Texas, from Marine Creek Meadows (DOE 3458) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13269 There was presented Mayor and Council Communication No. L- Permanent 13269 from the City Manager recommending that the City Council Utility approve the acceptance of one 15-foot permanent utility easement Easements and one 60-foot permanent utility easement described as A-1611, C. C. Whyte Survey, Tarrant County, Texas, from Gehan-Arcadia, L.P. (DOE 3483) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13270 There was presented Mayor and Council Communication No. L- Permanent 13270 from the City Manager recommending that the City Council Drainage approve the acceptance of three permanent drainage easements Easements described as A-1690, Samuel P. William Survey, Tarrant County, Texas, from Hillwood Alliance Residential, LP (DOE 3641) for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13271 There was presented Mayor and Council Communication No. L- Permanent 13271 from the City Manager recommending that the City Council Drainage, Utility approve the acceptance of one permanent drainage, utility and and Recreational recreational access easement described as A-1797, Thomas Logan Access Survey, and one permanent drainage and utility easement Easement and described as A-1868, S. T. Rhodes Survey, Tarrant County, Texas, Permanent from G & G Development Partnership, Ltd. (DOE 3496) for a total Drainage and cost of $2.00. It was the consensus of the City Council that the Utility Easement recommendation be adopted. L-13272 There was presented Mayor and Council Communication No. L- Permanent 13272 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as A-641, John F. Health Survey, Tarrant County, Texas, from Rail Properties (DOE 3480) for a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 6 of 22 L-13273 There was presented Mayor and Council Communication No. L- Unimproved 13273 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute and Unimproved Ground with Mr. Jake Lease with Mr. Jake Huffman for mandatory improvements for Huffman 3,000 square feet of unimproved land on the east side of Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-13274 There was presented Mayor and Council Communication No. L- Office Space for 13274 from the City Manager recommending that the City Council Mission authorize the City Manager to execute an annual Terminal Building Research Office Lease Agreement with Mission Research Corporation for Corporation 3,400 square feet of office space on the second floor of the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13275 There was presented Mayor and Council Communication No. L- T-Hangar Units 13275 from the City Manager recommending that the City Council 14S-B and 14S-E authorize the City Manager to execute a T-Hangar Lease from Pastime Agreement with Pastime for T-Hangar Units 14S-B and 14S-E at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13276 There was presented Mayor and Council Communication No. L- Terminal 13276 from the City Manager recommending that the City Council Building Office authorize the City Manager to execute a Terminal Building Office Lease Lease Agreement for Suite "G" with Rick Gatlin d/b/a Wings Above Aviation at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-13277 There was presented Mayor and Council Communication No. L- Office Space for 13277 from the City Manager recommending that the City Council World Airline authorize the City Manager to execute an annual Terminal Building Dispatcher Office Lease Agreement with World Airline Dispatcher Schools for Schools 2,496 square feet of office space on the second floor of the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13278 There was presented Mayor and Council Communication No. L- Sale of Tax 13278 from the City Manager recommending that the City Council: Foreclosure Surplus 1. Approve the direct sale of tax foreclosure property located Property at 1347 Richmond Avenue to the adjoining property owner Ms. Joyce Horrice for a cost of$3,942.50; and CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 7 of 22 2. Authorize City staff to meet with Tarrant County, the Tarrant County Water Control and Improvement District No. 1, the Tarrant County Hospital District, the Tarrant County Junior College, the Tarrant County Education District Board, and the Fort Worth Independent School District for approval of the direct sale for appraised market value; and 3. Authorize the City Manager to accept and record the appropriate instruments. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19031 There was presented Mayor and Council Communication No. C- Amendment #2 19031, dated April 2, 2002, from the City Manager recommending to CSC #25212 — that the City Council authorize the City Manager to execute Sandpiper Amendment No. 2 to City Secretary Contract No. 25212 with Airport Inn, Inc. Sandpiper Airport Inn, Inc. for Lease Site 1-S at Fort Worth Meacham International Airport. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19036 There was presented Mayor and Council Communication No. C- Polytechnic 19036 from the City Manager recommending that the City Council: Community Development 1. Authorize the reallocation of $175,000.00 in existing Fiscal Corporation year 2001 Home Investment Partnerships Program (HOME) grant funds; and 2. Authorize the City Manager to execute a contract and ancillary loan documents with the Polytechnic Community Development Corporation (PCDC), not to exceed a total of $175,000.00 in Fiscal Year 2001 HOME funds, to rehabilitate the property located at 2841 Avenue G; and 3. Authorize the contract to begin on the date of execution, and expire twelve months thereafter; and 4. Authorize extension or renewal of the contract for up to one year, if the PCDC requests an extension; and CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 8 of 22 5. Authorize the City Manager to amend the contract, if necessary, to achieve project goals, provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. C-19037 There was presented Mayor and Council Communication No. C- Stanfield 19037 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stanfield d/b/a S&J Enterprises, Inc. d/b/a S&J Electric in the amount of $247,267.75 for Electric the construction of new traffic signals at the intersections of Amon-Carter Boulevard/Sovereign Road, Amon-Carter Boulevard/ FAA Boulevard, and Anderson Boulevard/Eastchase Parkway (Project No. TPW-TE-2002-00013). It was the consensus of the City Council that the recommendation be adopted. C-19038 There was presented Mayor and Council Communication No. C- Ord. #15068 19038 from the City Manager recommending that the City Council: Jackson Construction, 1. Authorize the City Manager to transfer $297,556.00 from the Ltd. Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15068 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $297,556.00 from available funds for the purpose of funding a contract to Jackson Construction, Ltd. for a 24-inch line replacement on Camp Bowie Boulevard from Eldridge Street to Hulen Street; and 3. Authorize the City Manager to execute a contract with Jackson Construction Ltd. in the amount of $265,676.00 and 50 working days for a 24-inch ductile iron water line replacement on Camp Bowie Boulevard from Eldridge Street to Hulen Street. It was the consensus of the City Council that the recommendation be adopted. C-19039 There was presented Mayor and Council Communication No. C- Amendment #2 19039 from the City Manager recommending that the City Council to CSC #23672 — authorize the City Manager to execute Amendment No. 2 to the Dunaway engineering agreement with Dunaway Associates, Inc. (City Associates, Inc. Secretary Contract No. 23672) to modify plans and specifications CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 9 of 22 for the design of the Northside II Water Transmission Main from Harmon Road to Fort Worth Alliance Airport, increasing the contract by $116,042.70, from $254,342.88 to a total of $370,385.58. It was the consensus of the City Council that the recommendation be adopted. C-19040 There was presented Mayor and Council Communication No. C- Ord. #15069 19040 from the City Manager recommending that the City Council: Black &Veatch Corporation 1. Authorize the transfer of $184,640.00 from the Water and Sewer Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15069 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $184,640.00 from available funds for the purpose of funding an engineering agreement with Black & Veatch Corporation for Sanitary and Sewer Rehabilitation Contract LXI (61); and 3. Authorize the City Manager to execute an engineering agreement with Black & Veatch Corporation in the amount of $176,640.00 for Sanitary Sewer Rehabilitation Contract LXI (61). It was the consensus of the City Council that the recommendation be adopted. C-19041 There was presented Mayor and Council Communication No. C- Friends of the 19041 from the City Manager recommending that the City Council Fort Worth authorize the City Manager to execute an agreement with the Public Library, Friends of the Fort Worth Public Library, Inc. to receive and sell Inc. materials discarded from the collections of the Fort Worth Public Library. City Attorney Yett advised Council that under Discussion, first sentence should be amended to state "a non-profit 501 (c)(3)". Council Member Silcox made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. C- 19041 be approved, as amended. The motion carried unanimously. C-19042 There was presented Mayor and Council Communication No. C- Ord. #15070 19042 from the City Manager recommending that the City Council: Rope Construction, 1. Authorize the transfer of $83,289.50 from the Water and Inc. and Stabile Sewer Operating Fund to the Water Capital Project Fund; & Winn, Inc. and CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 10 of 22 2. Adopt Appropriation Ordinance No. 15070 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $83,289.50 from available funds for the purpose of funding a contract to Rope Construction, Inc. for Wesleyan Drive from Rosedale Street to Vickery Boulevard Unit I: Water Replacements; and award of contract to Stabile & Winn, Inc. for Wesleyan Drive from Rosedale Street to Vickery Boulevard Unit II: Paving Improvements; and 3. Authorize the City Manager to execute a contract with Rope Construction, Inc. in the amount of $72,233.50 and 30 working days for Wesleyan Drive, Unit I: Water Replacements; and 4. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of $278,969.75 for 60 working days for Wesleyan Drive, Unit II: Paving Improvements. It was the consensus of the City Council that the recommendation be adopted. C-19043 There was presented Mayor and Council Communication No. C- Malcolm Pirnie, 19043 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering agreement with Malcolm Pirnie, Inc. for the Village Creek Wastewater Treatment Plant Corrosion and Odor Control Preliminary Design, for a total cost not to exceed $299,100.00. It was the consensus of the City Council that the recommendation be adopted. C-19044 There was presented Mayor and Council Communication No. C- Amendment of 19044 from the City Manager recommending that the City Council Developer's approve the amendment to the Developer's Agreement with Agreement with Sendera Ranch, Ltd.; and authorize the City Manager or a designee Sendera Ranch, to execute a contract amendment. It was the consensus of the City Ltd. Council that the recommendation be adopted. C-19045 There was presented Mayor and Council Communication No. C- Tarrant County 19045 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the construction of a surface arking lot for LaGrave Field in the area bounded by Northeast 6t Street, North Commerce Street, and Northeast 5t" Street at a lump sum cost to the City of$130,000.00. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 11 of 22 City Manager Jackson stated that the second sentence of the third paragraph in the Discussion section of the M&C needed to be amended to add that Tarrant County would also provide "and materials" necessary to construct the parking lot. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. C-19046 There was presented Mayor and Council Communication No. C- Amendment #— 19046 from the City Manager recommending that the City Council to CSC #27204— authorize the City Manager to execute an amendment to the National Cowgirl Community Facilities Agreement with the National Cowgirl Museum and Museum and Hall of Fame, Inc. (City Secretary Contract No. 27204) Hall of Fame, for the installation of community facilities for the National Cowgirl Inc. Museum and Hall of Fame to include the construction of a plaza at no cost to the City. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Mayor Barr expressed appreciation to the museum for the donation of the plaza and Council Member Lane expressed appreciation to J. D. Johnson and the District Attorney's Office for their assistance on this issue. C-19047 There was presented Mayor and Council Communication No. C- Ord. #15071 19047 from the City Manager recommending that the City Council: Fort Worth Housing Finance 1. Authorize the City Manager to execute a financial assistance Corporation agreement in the amount of $615,000.00 with the Fort Worth Housing Finance Corporation for the public purpose of the development of low and moderate income housing; and 2. Authorize the transfer of $315,000.00 in Years 25, 26 and 27 Community Development Block Grant Program Income and $300,000.00 from Rental Rehabilitation Program Income to Fort Worth Housing Finance Corporation; and 3. Adopt Appropriation Ordinance No. 15071 increasing estimated receipts and appropriations in the Fort Worth Housing Finance Corporation Fund in the amount of $615,000.00 from available funds for the purpose of funding financial assistance with Villas of Eastwood Terrace Project. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 12 of 22 Council Member Wentworth recommended the Discussion section of M&C be amended to include the following: "The Financial Assistance Agreement between the City and the Fort Worth Housing Finance Corporation shall specify that the Financial Assistance Agreement between the Fort Worth Housing Finance Corporation and the Villas of Eastwood Terrace, LLC shall provide that if the Villas of Eastwood Terrace, LLC sells the project before all payments are made to the Fort Worth Housing Finance Corporation, the Villas of Eastwood Terrace, LLC shall pay the Fort Worth Housing Finance Corporation the outstanding loan balance from the sale proceeds." Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted, as amended. The motion carried unanimously. ZC-01-018A It appeared that the City Council, at its meeting of February 12, Continued Until 2002, continued the hearing of Zoning Docket No. ZC-01-018A, Text June 11, 2002 Amendment regulating telecommunications towers and stealth telecommunications towers. Mayor Barr asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council and stated that staff recommended this case be continued until June 11, 2002. There being no one present desiring to be heard in connection with the recommended changes and amendments to the Text Amendment, Council Member Haskin made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-01-018A be continued until June 11, 2002. The motion carried unanimously. ZC-01-1052 It appeared that the City Council, at its meeting of March 19, 2002, SP-01-1018 continued the hearing of the application of Kelly Capital Continued Until Investments for a change in zoning of property located at 250 May 14, 2002 University Drive from "C" Medium Density Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial for retail/showroom for equipment rental plus outdoor storage and display, hours of operation 7:00 a.m. to 5:30 p.m., Monday through Saturday, no storage of material above height of fence, and no intrusion by lights on adjacent property, Zoning Docket No. ZC-01-1052 and Site Plan No. SP-01- 1018. (See Letter of Continuance). Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 13 of 22 Mr. John Garfield, representing the Development Department, appeared before Council and stated that a letter had been received from the applicant requesting this case be continued until May 14, 2002. There being no one present desiring to be heard in connection with the application of Kelly Capital Investments, Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-01-1052 and Site Plan No. SP-01-1018 be continued until May 14, 2002. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 2818 was Hearing adopted on March 19, 2002, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on March 22, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-02-027 Council Member Haskin 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 6851 Anderson Boulevard from "C" Medium Density Multi-Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial, Zoning Docket No. ZC-02-027, be approved by changing the zoning designation to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with restriction of alcohol sales and consumption, and waiver of site plan. The motion carried unanimously. ZC-02-042 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Manuel T. Espinoza for a change in zoning of property located at 1236 Gould Avenue from "C" Medium Density Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "ER" Neighborhood Commercial Restricted, with site plan required at time of development, Zoning Docket No. ZC-02-042, be approved. The motion carried unanimously. ZC-02-047 It appeared that the City Council, at its meeting of March 19, 2002, Continued Until continued the hearing of the application of Waterchase Land June 11, 2002 Partners for a change in zoning of property located at 8900 Creek Run Road from "F" General Commercial to "C" Medium Density Multi-Family, Zoning Docket No. ZC-02-047. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 14 of 22 The following citizens appeared before Council in opposition of the zoning change: Dianne Gibson Ms. Dianne Gibson 1833 Christy Court Fletcher Phillips Mr. Fletcher L. Phillips 7601 Ripple Creek Court Alyce Boyd Ms. Alyce Boyd 7248 Ellis Road There being no one else present desiring to be heard in connection with the application of Waterchase Land Partners, Council Member Moss made a motion, seconded by Council Member Lane, that the zoning hearing be closed and that Zoning Docket No. ZC-02-047 be continued until June 11, 2002. The motion carried unanimously. ZC-02-052 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of St. Andrews United Methodist Church of Fort Worth for a change in zoning of property located at 505, 509, 515 and 519 South Freeway, 709 East Annie Street, and 500, 504 and 522 Missouri Avenue from "I" Light Industrial to "I/HC Light Industrial/Historic and Cultural Landmark, Zoning Docket No. ZC-02-052, be approved. The motion carried unanimously. ZC-02-056 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Glenda Phillips for a change in zoning of property located at 1129 East Allen Avenue from "B" Two-Family to "PD/SU" Planned Development/Specific Use for existing restaurant and residence with hours of operation from 6 a.m to 6 p.m., with waiver of site plan recommended, Zoning Docket No. ZC-02-056, be approved. The motion carried unanimously. ZC-02-057 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of Ora Dunlap for a change in zoning of property located at 1238 Lincoln Avenue from "C" Medium Density Multi-Family to "PD/SU" Planned Development/ Specific Use for all uses in "ER" Neighborhood Commercial Restricted, with site plan required at time of development, Zoning Docket No. ZC-02-057, be approved. The motion carried unanimously. ZC-02-058 Council Member Davis made a motion, seconded by Mayor Pro Continued Until tempore McCloud, that the application of Anne Graham for a May 14, 2002 change in zoning of property located at 1950 Hemphill Street from "A-5" One-Family to "PD/SU" Planned Development/Specific Use CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 15 of 22 for all uses in "E" Neighborhood Commercial with no alcohol sales, with waiver of site plan recommended, Zoning Docket No. ZC-02-058, be continued until May 14, 2002. The motion carried unanimously. ZC-02-059 Mr. H. Dennis Hopkins, 6850 Manhattan Blvd #406, representing the Delayed Until applicant, appeared before Council in favor of the zoning change. End of the He stated that the zoning map needed to be changed to reflect the Agenda metes and bounds as submitted on the application. He added that H. Dennis the development would be a gated community of villas, not Hopkins apartments. The following citizens appeared before Council in opposition of the zoning change. They expressed concerns relative to not being notified of the zoning change and streets not supporting the additional traffic. They requested the zoning be changed to "PD/SU" Planned Development/Specific Use with site plan required. They also requested representatives of the community be included in the site plan approval process. Ms. Dianne Gibson 1833 Christy Court Mr. Fletcher L. Phillips 7601 Ripple Creek Court Ms. Sharon Yannarella 821 Hunters Glen Trail Mr. Bill Buehler 8721 Racquet Club Drive Mr. John Black 805 Hunters Glen Trail Ms. Wanda Conlin 1755 Martel Avenue Council Member Moss asked Mr. Hopkins if his client would be opposed to the "PD/SU" zoning change and the requirement that a site plan be submitted at time of development. Mr. Hopkins stated that the "R-1" Zero lot line/Cluster Residential zoning was needed and that he would have to confer with his client relative to the site plan requirement. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the application of The Academy at Waterchase for a change in zoning of property located at 8990 Creek Run Road from "PD-344" Planned Development/Specific Use for private golf course/club house and related uses to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-02-059, be delayed until the end of the agenda. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 16 of 22 ZC-02-063 Mr. Robert D. Cupp, 6054-A East Lancaster Avenue, owner of the Approved property, appeared before Council and asked their favorable Robert D. Cupp consideration of the zoning change. He stated that he was not going to build another structure, just make improvements to the existing shooting gallery. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of Robert D. Cupp for a change in zoning of property located at 6054-A East Lancaster Avenue from "FR" General Commercial Restricted and "K" Heavy Industrial to amend "PD-278" for all uses in "FR" Restricted Commercial plus indoor shooting gallery to include two additional lots, and waiver of site plan recommended, Zoning Docket No. ZC-02-063, be approved. Council Member Haskin requested that the site plan be required on Zoning Docket No. ZC-02-063. After further discussion, Council Member Wentworth requested that Council approve the application as it was originally submitted, with waiver of site plan. The motion carried unanimously. Council Member Davis excused herself from the Council table at this time. ZC-02-064 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2617 Malone Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-064, be approved. The motion carried unanimously. ZC-02-065 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1019 Blandin Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-065, be approved. The motion carried unanimously. ZC-02-066 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3000 Columbus Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-066, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 17 of 22 ZC-02-067 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth Planning Department for a change in zoning of property located 2802 Chestnut Avenue from "E" Neighborhood Commercial to "A- 5" One-Family, Zoning Docket No. ZC-02-067, be approved. The motion carried unanimously. ZC-02-069 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 1300 Northeast 28th Street from "K" Heavy Industrial to "I" Light Industrial, Zoning Docket No. ZC-02-069, be approved. The motion carried unanimously. ZC-02-071 Mr. Fernando Costa, Planning Department Director, appeared Approved before Council and stated that the surrounding area was predominantly zoned B-2 Family. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2503 Wilkinson Avenue from "F" General Commercial to "D" High Density Multi-Family, Zoning Docket No. ZC-02-071, be approved by changing the requested zoning to "B" Two-Family. The motion carried unanimously. ZC-02-072 Mayor Pro tempore McCloud 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 810 Crawford Street from "D" High Density Multi-Family to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-072, be approved. The motion carried unanimously. ZC-02-073 Mayor Pro tempore McCloud 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 1308 Arizona Avenue from "J" Medium Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-073, be approved. The motion carried unanimously. ZC-02-074 Mayor Pro tempore McCloud 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 in the 1000 Block of East Rosedale from "C" Medium Density Multi- CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 18 of 22 Family to "E" Neighborhood Commercial, Zoning Docket No. ZC- 02-074, be approved by changing the requested zoning to "ER" Neighborhood Commercial Restricted. The motion carried unanimously. Council Member Davis assumed her chair. ZC-02-075 Mayor Pro tempore McCloud 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 2509 Martin Luther King Freeway from "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC-02-075, be approved. The motion carried unanimously. ZC-02-076 Mayor Pro tempore McCloud 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 2835 Fitzhugh Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-076, be approved. The motion carried unanimously. ZC-02-077 Mayor Pro tempore McCloud 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 1444 East Richmond Avenue from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-02-077, be approved. The motion carried unanimously. ZC-02-078 Mayor Pro tempore McCloud 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 1704 Judd Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-078, be approved. The motion carried unanimously. ZC-02-079 Mayor Pro tempore McCloud 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 1008 Bessie Street from "C" Medium Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-02-079, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 19 of 22 ZC-02-080 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1712 East Morningside Drive from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-02-080, be approved. The motion carried unanimously. ZC-02-081 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1247 East Arlington Avenue from "B" Two-Family to "A-5" One- Family, Zoning Docket No. ZC-02-081, be approved. The motion carried unanimously. ZC-02-082 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1924 Christopher Drive from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-082, be approved. The motion carried unanimously. ZC-02-083 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1928 Christopher Drive from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-083, be approved. The motion carried unanimously. ZC-02-084 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1316 Langston Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-084, be approved. The motion carried unanimously. ZC-02-085 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2514 Willspoint Court from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-085, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 20 of 22 ZC-02-086 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 3716 Northeast 28th Street from "B" Two-Family and "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted, Zoning Docket No. ZC-02-086, be approved. The motion carried unanimously. ZC-02-087 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Centreport Venture, Inc. for a change in zoning of property located at 14500 Statler Boulevard from "C" Medium Density Multi-Family and "FR" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted with ten percent landscaping requirement if site used for parking, with waiver of site plan recommended, Zoning Docket No. ZC-02-087, be approved. The motion carried unanimously. ZC-02-088 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Sarah Adams for a change in zoning of property located at 1212 East Lancaster Avenue from "J" Medium Industrial to "J /HSE" Medium Industrial/High Significant Endangered (only for building on east side of Lot 5R, Block 88, Texas and Pacific Addition), Zoning Docket No. ZC-02-088, be approved. The motion carried unanimously. ZC-02-014 Mayor Pro tempore McCloud made a motion, seconded by Council Denied Member Silcox, that the application of the City of Fort Worth Planning Department for a change in zoning of property located in the 800 Block of North Freeway from "I" Light Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-014, be denied. The motion carried unanimously. ZC-02-060 Council Member Lane made a motion, seconded by Council Denied Member Davis, that the application of Gustavo Castaneda for a change in zoning of property located at 3104 Grover Street from "A-5" One-Family to "B" Two-Family, Zoning Docket No. ZC-02-060, be denied. The motion carried unanimously. ZC-02-059 Council Member Moss made a motion, seconded by Silcox, that the Approved application of The Academy at Waterchase for a change in zoning of property located at 8990 Creek Run Road from "PD-344" Planned Development/Specific Use for private golf course/club house and related uses to "R-1" Zero Lot Line/Cluster Residential, CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 9, 2002 PAGE 21 of 22 Zoning Docket No. ZC-02-059, be approved by changing the requested zoning to "PD/SU" Planned Development/Specific Use for all uses in "R-1" Zero Lot Line/ Cluster Residential and site plan required prior to development. 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 Lane made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15072 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 Manager Jackson stated that the meeting with the mobile vendors was successful but that additional meetings were required to ensure clarification of the ordinance. He added that the meetings would be scheduled and Council provided updates as required. Recessed/ Mayor Barr recessed the meeting at 9:22 p.m. into Executive Reconvened Session and reconvened at 9:45 p.m. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 9, 2002 PAGE 22 of 22 G-13588 There was presented Mayor and Council Communication No. G- Authorize 13588 from the City Manager recommending that the City Council Settlement approve the settlement of the lawsuit entitled Luis T. Hernandez, et Agreement in al v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318 for Lawsuit— Luis. $750,000.00, plus taxable court costs not to exceed $25,000.00, and T. Hernandez, et reasonable guardian and litem fees as approved by the court, in al v. City of Fort order to complete this settlement. Council Member Lane made a Worth, et al, motion, seconded by Council Member Haskin, that the Civil Action No. recommendation be adopted. The motion carried unanimously. 4:99-CV-0318 Adjournment There being no further business, the meeting was adjourned at 9:47 p.m. n. CITY SE ARY MAYOR