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HomeMy WebLinkAbout2002/07/09-Minutes-City Council CITY COUNCIL MEETING J U LY 9, 2002 Date & Time On the 9th day of July, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:30 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 Alan Lobaugh, University Christian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Wentworth, the minutes of the regular meeting of July 2, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented a congratulatory letter to Presentations Mr. Joel Burroughs in recognition of the 60th Burroughs/Gatlin Family Reunion. Announcements Council Member Picht commended Jacqueline Bender, Neighborhood Coordinator, for an article featured in the Fort Worth Star-Telegram. He stated that the job she was doing was a remarkable endeavor. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda was adopted unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt a resolution approving the 2002-2003 Crime Control Plan and Budget as adopted by the Directors of the Fort Worth Crime Control and Prevention District. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Susan Alanis, representing the Police Department, appeared before Council, presented a staff report and called attention to the resolution, as follows: Res. #2851 There was presented Resolution No. 2851 approving the 2002-2003 2002-2003 CCPD Crime Control Plan and Budget as adopted by the Directors of the Plan and Budget Fort Worth Crime Control and Prevention District (CCPD). CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 2 of 18 There being no one else present desiring to be heard in connection with the resolution approving the 2002-2003 Crime Control Plan and Budget as adopted by the Directors of the Fort Worth Crime Control and Prevention District, Council Member Silcox made a motion, seconded by Council Member Moss, that the public hearing be closed and that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None OCS-1292 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1292 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Anderson-Driskill Paving and Hartford Casualty Insurance Contracting Company George Cardenas d/b/a Creative State Farm Fire & Casualty Concrete Design Company Delacruz Construction Co. Merchants Bonding Company Harold Hall Construction RLI Insurance Company Jose M. Sonora d/b/a Joe's Western Surety Company Concrete Jordan General Contractors, Atlantic Alliance Fidelity & Inc. Surety Ricardo Madrid RLI Insurance Company It was the consensus of the City Council that the recommendation be adopted. OCS-1293 There was presented Mayor and Council Communication No. OCS- Claims 1293 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 J U LY 9, 2002 PAGE 3 of 18 G-13613 There was presented Mayor and Council Communication No. G- Withdrawn 13613, dated April 30, 2002, from the City Manager recommending that the City Council deny the request by Bill and Jane Walton for a Historic Site Tax Exemption for work performed on a house located at 1424 South Adams Street. City Manager Jackson stated that he had received a letter from Mr. Walton requesting that the appeal be withdrawn. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G- 13613, be withdrawn. The motion carried unanimously. G-13664 There was presented Mayor and Council Communication No. G- Additional 13664 from the City Manager recommending that the City Council Payment to authorize the payment of an additional $67,650.00 to KPMG, LLP KPMG, LLP for for the FY2001 annual audit. It was the consensus of the City FY2001 Annual Council that the recommendation be adopted. Audit G-13665 There was presented Mayor and Council Communication No. G- Ord. #15146 13665 from the City Manager recommending that the City Council: Accept Grant from FAA for 1. Authorize the City Manager to apply for and accept, if Extension of awarded, a grant from the Federal Aviation Administration Runways at FW (FAA) in the amount of $4,500,000.00 for engineering, Alliance Airport earthwork, grading and drainage work for the extension of runways at Fort Worth Alliance Airport; and 2. Authorize the use of land credits in the amount of $500,000.00 for the City's in-kind local match of ten percent of the projects costs; and 3. Adopt Appropriation Ordinance No. 15146 increasing estimated receipts and appropriations in the Grants Fund in the amount of $5,000,000.00, subject to the receipt of a grant from the Federal Aviation Administration, for the purpose of funding the extension of runways at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 4 of 18 G-13666 There was presented Mayor and Council Communication No. G- Ord. #15147 13666 from the City Manager recommending that the City Council Water and Sewer adopt Appropriation Ordinance No. 15147 increasing estimated Interest Funds receipts and appropriations in the Water Capital Project Fund in the amount of $1,500,000.00 and in the Sewer Capital Project Fund in the amount of $1,500,000.00 from available funds for the purpose of funding unspecified projects. It was the consensus of the City Council that the recommendation be adopted. G-13667 There was presented Mayor and Council Communication No. G- Establishing 13667 from the City Manager recommending that the City Council Timetable for approve the annexation timetable for proposed annexation of Proposed approximately 171.805 acres of land situated in the Texas & Pacific Annexation for Railroad Company No. 29 Survey, Abstract No. 1568, and the 171.805 Acres of Alexander, Crain, Harris & Brooks Survey, Abstract No. 55, Tarrant Land in Texas & County, Texas (Annexation Case No. AX-02-0004), in compliance Pacific Railroad with the requirements of Chapter 43 of the Local Government Code Company No. 29 of the State of Texas; and direct staff to prepare a service plan that Survey & provides for the extension of full municipal services to the Alexander, annexation area. Council Member Davis made a motion, seconded Crain, Harris & by Mayor Pro tempore McCloud, that the recommendation be Brooks Survey adopted. The motion carried unanimously. (AX-02-0004) G-13668 There was presented Mayor and Council Communication No. G- Economic 13668 from the City Manager recommending that the City Council Development find that the terms and conditions of the Economic Development Program Program Agreement with RadioShack Corporation constitute a Agreement with custom-designed economic development program as outlined in RadioShack the 2000 Comprehensive Plan; and authorize the City Manager to Corporation execute the Economic Development Program Agreement with RadioShack. The following individuals appeared before Council in support of the agreement: Greg Upp Mr. Greg Upp 3500 Camp Bowie Bill Thornton Chairman, Fort Worth Downtown, Inc. Greg Hughes Mr. Bill Thornton 4108 Sarita Drive John Avila President, Fort Worth Chamber of Commerce Mr. Greg Hughes 2544 Stadium Drive Fort Worth Transportation Authority Mr. John Avila 2452 Winton Terrace East Hispanic Chamber of Commerce CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 5 of 18 City Attorney Yett stated that a corrected version of the M&C had been provided to Council during the Pre-Council Worksession, which revised the Fiscal Information Certification Statement. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Mayor Barr expressed appreciation to everyone who made this agreement happen. L-13345 There was presented Mayor and Council Communication No. L- Temporary 13345 from the City Manager recommending that the City Council Construction approve the acquisition of one temporary construction easement Easement described as part of the M. Gilbert Survey, A-565, heirs of W. W. Thompson Survey, A-1498, Tarrant County, Texas, from Emerging Properties 1, Ltd. required for the construction of sanitary sewer Main M-452 located near Old Denton Road and Basswood Boulevard (DOE 3237) in the amount of $9,670.00. It was the consensus of the City Council that the recommendation be adopted. L-13346 There was presented Mayor and Council Communication No. L- Purchase 13346 from the City Manager recommending that the City Council Property for authorize the City Manager to approve the purchase of one Highway property described as A-999, Tract 1C04, William McCowen Survey, Improvements to Tarrant County, Texas, from Polaris, Ltd. for highway North Tarrant improvements to North Tarrant Parkway from IH35W to US 377 Parkway (DOE 3577), located on Old Denton Road east of IH35W, near the (Project #0902- existing right-of-way of North Tarrant Parkway for a total cost of 48-194) $434,000.00 (Project No. 0902-48-194). It was the consensus of the City Council that the recommendation be adopted. L-13347 There was presented Mayor and Council Communication No. L- Permanent 13347 from the City Manager recommending that the City Council Utility approve the acceptance of eight permanent utility easements Easements described as A-1341, R. R. Ramey Survey, Tarrant County, Texas, CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 6 of 18 from Jake Cook, Larry Milrany, and Sierra Developers, Inc., respectively, needed as rights-of-way for constructing, installing, and maintaining sanitary sewer facilities across properties located east of Cooks Lane and south of Meadowbrook Drive, for the development of Whitney Meadows Addition, Blocks 1 through 6, for a total cost of $8.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2392 There was presented Mayor and Council Communication No. PZ- Establishing 2392, dated July 2, 2002, from the City Manager recommending that Timetable for the City Council approve the annexation timetable for annexation Proposed of Far West Area No. 2 (Annexation Case No. AX-02-0005), Far West Annexation for Area No. 3 (Annexation Case No. AX-02-0006), and Far West Area Limited No. 6 (Annexation Case No. AX-02-0007) for limited purposes in Purposes of Far compliance with the requirements of Chapter 43 of the Local West Area #2 Government Code of the State of Texas; and direct the City (AX-02-0005), Manager to prepare an amendment to the City's annexation plan to Far West Area include Far West Area No. 2 for consideration by the City Council; #3 (AX-02-0006) and direct staff to comply with statutory requirements for limited purpose annexation of the subject properties. City Attorney Yett stated that an amended Exhibit "B" had been provided which extended the timetable forward one week. Jack Jefferson Mr. Jack Jefferson, 3924 Linkcrest Drive, Aledo, Texas, appeared before Council in opposition of the annexation. He stated that there were inconsistencies with the annexation plan and expressed concern with various issues including Waste Management, growth of the area, and annexation costs versus income received. He added that the City had nothing to offer residents in the areas proposed for annexation and they did not like the restrictions that Code Compliance would enforce when annexed. Kathleen Wood Ms. Kathleen D. Wood, 8308 Samora Court, appeared before Council in opposition of the annexation. She stated that she was annexed 30 years ago and still doesn't have water and sewer provided by the City of Fort Worth. She informed the Council that her water came from Azle. Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, appeared before Council in opposition of the annexation. She stated that question number 26 on the City's survey to residents should ask their opinion on "involuntary" annexation. She added that annexation takes away their liberties and was not justice for all. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 7 of 18 Deborah Ms. Deborah Jackson, 3813 Harbour Creek Drive, appeared before Jackson Council in opposition of involuntary annexation. She stated that annexation was unconstitutional and fundamentally wrong. Vivian Whisnant Ms. Vivian Whisnant, 13606 Yale Trail, Saginaw, Texas, appeared before Council in opposition of the annexation. She expressed concern with the City's ability to provide them with emergency services when annexed. She stated that her husband had a medical condition and that the nearest facility was located in Lake Country, which was unacceptable. Willa Cassaday Ms. Willa Cassaday, 12125 Linkway, Aledo, Texas, appeared before Council in opposition of the annexation. She stated that limited annexation was still forced annexation. Frances Wohler Ms. Frances Wohler, 3803 Linkmeadow Drive, Aledo, Texas, appeared before Council in opposition of the annexation. She stated that Fort Worth was protected by their extraterritorial jurisdiction and that the City had nothing to offer them. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted with the deletion of all references to "Far West Area No. 6". The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Mayor Barr requested that the City Manager and City Attorney provide a letter to residents of Far West Area Nos. 2 and 3 that explained action taken by the Council, the annexation timetable, and limited purpose annexation. PZ-2393 There was presented Mayor and Council Communication No. PZ- Establishing 2393, dated July 2, 2002, from the City Manager recommending that Timetable for the City Council approve the annexation timetable for annexation Proposed of Far West Area No. 2 (Annexation Case No. AX-02-0005), Far West Annexation for Area No. 3 (Annexation Case No. AX-02-0006), and Far West Area Full Purposes of No. 6 (Annexation Case No. AX-02-0007) for full purposes in Far West Area compliance with the requirements of Chapter 43 of the Local #6 Government Code of the State of Texas; and direct staff to prepare (AX-02-0007) a service plan that provides for the extension of full municipal CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 8 of 18 services to the subject properties; and direct staff to comply with all other statutory requirements for full purpose annexation of the subject properties. Council Member Wentworth made a motion, seconded by Council Member Moss, that the recommendation be adopted by deleting all references to Far West Area No. 2 and Far West Area No. 3. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Recessed/ The City Council recessed at 8:47 p.m. and reconvened at 8:56 p.m. Reconvened with Council Member Picht temporarily absent. PZ-2394 There was presented Mayor and Council Communication No. PZ- Ord. #15148 2394 from the City Manager recommending that the City Council Sanitary Sewer adopt Ordinance No. 15148 vacating a 20-foot wide by 880-foot Easement long sanitary sewer easement, being a parcel of land situated in Vacation the Isabel Flores Survey, Abstract No. 507, Tarrant County, Texas. (VA-02-045) It was the consensus of the City Council that the recommendation be adopted. PZ-2395 There was presented Mayor and Council Communication No. PZ- Ord. #15149 2395 from the City Manager recommending that the City Council Sanitary Sewer adopt Ordinance No. 15149 vacating a 20-foot wide by 737-foot Easement long sanitary sewer easement, being a parcel of land situated in Vacation the Isabel Flores Survey, Abstract No. 507, Tarrant County, Texas. (VA-02-046) It was the consensus of the City Council that the recommendation be adopted. C-19141 There was presented Mayor and Council Communication No. C- Boys & Girls 19141 from the City Manager recommending that the City Council Club of Tarrant authorize the City Manager to execute a contract with the Boys and County Girls Club of Tarrant County for administration of the 2002 Summer Works program for the period June 1, 2002, through August 31, 2002, at a cost not to exceed $68,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 9 of 18 C-19142 There was presented Mayor and Council Communication No. C- Ord. #15150 19142 from the City Manager recommending that the City Council: Texas Roof Management, 1. Adopt Appropriation Ordinance No. 15150 increasing Inc. estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $212,324.13 from available funds for the purpose of funding an award of construction contract to Texas Roof Management, Inc. for the replacement of the roofing in the pit roof area of the Central Library; and 2. Authorize the City Manager to award a construction contract to Texas Roof Management, Inc. for the replacement of the roofing in the depressed roof area at the east end of the Central Library in the amount of $98,350.00 with a contract duration of 48 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-19143 There was presented Mayor and Council Communication No. C- Westhill 19143 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute the second renewal of the Inc. annual contract with Westhill Construction, Inc. for the construction of approximately 40,000 linear feet of sidewalk improvements in the amount of $697,175.00. It was the consensus of the City Council that the recommendation be adopted. C-19144 There was presented Mayor and Council Communication No. C- Ord. #15151 19144 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $202,910.00 from the Water and Company, Inc. Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15151 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $202,910.00 from available funds for the purpose of funding award of contract to McClendon Construction Company, Inc. for pavement reconstruction and water replacements for the Fairmont Model Block Project on Henderson Street (West Allen Street to West Arlington Street) and College Avenue (South Jefferson to Allen Street); and CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 10 of 18 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $571,450.85 for pavement reconstruction and water replacement on Henderson Street (West Allen Street to West Arlington Street) and College Avenue (South Jefferson Street to Allen Street). It was the consensus of the City Council that the recommendation be adopted. C-19145 There was presented Mayor and Council Communication No. C- Texas Motor 19145 from the City Manager recommending that the City Council Speedway Law authorize the City Manager to enter into an Interlocal Agreement Enforcement with multiple agencies to form the Texas Motor Speedway Law Task Force Enforcement Task Force. It was the consensus of the City Council that the recommendation be adopted. C-19146 There was presented Mayor and Council Communication No. C- Lockwood, 19146 from the City Manager recommending that the City Council Andrews & authorize the City Manager to execute an agreement with Newnam, Inc. Lockwood, Andrews & Newnam, Inc. to design and prepare a revised water conservation and system optimization program in an amount not to exceed $280,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19147 There was presented Mayor and Council Communication No. C- Garden Springs, 19147 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Community Facilities Agreement with Garden Springs, Ltd. for the installation of community facilities for Garden Springs, Phase IV. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-19148 There was presented Mayor and Council Communication No. C- Realty Capital 19148 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a Community Facilities Agreement with Realty Capital Corporation for the installation of water and sewer services to serve Chapel Hill Addition, a future commercial and residential development on Bond's Ranch Road, west of FM156 in far northwest Fort Worth. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 11 of 18 Council Member Picht assumed his chair at the Council table at this time. Public Hearing It appeared that the City Council, at its meeting of June 25, 2002, 19246 th Avenue continued the public hearing for the Appeal of the Order of the Building Standards Commission regarding 1924 6t" Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 1924 6t" Avenue, and stated that the property had been substantially completed and all permits had been issued. He recommended Council reduce the Civil Penalty of$31,000.00. Joseph Yamin Mr. Joseph Yamin, 1701 Grand Avenue, appeared before Council and stated that clean up of the property had been completed as of 6:00 p.m. this evening. He added that he had purchased the property a year and half ago and had paid the back taxes of $15,000.00 and that the $31,000.00 fine was excessive when the previous owner had left the house in disrepair for eight years. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1924 6t" Avenue, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Council modify the order of the Building Standards Commission by reducing the civil penalty to $2,500.00. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Proposed second public hearing for the proposed annexation of 3.26 acres of Annexation of land, being all that tract of land situated in the William Evans 3.26 Acres of Survey, Abstract No. 467, of which said tract being within Land Out of unincorporated Tarrant County, Texas, said tract being a portion of William Evans a tract deeded to Havener Rupert Limited Partnership, Tarrant Survey County, Texas (Annexation Case No. AX-02-0002). Mayor Barr (AX-02-0002) asked if there was anyone present desiring to be heard Ms. Cathy Davidson, representing the Development Department, appeared before the City Council, presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting on July 30, 2002. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 12 of 18 There being no one else present desiring to be heard in connection with the second public hearing for the proposed annexation of 3.26 acres of land, being all that tract of land situated in the William Evans Survey, Abstract No. 467, of which said tract being within unincorporated Tarrant County, Texas, said tract being a portion of a tract deeded to Havener Rupert Limited Partnership, Tarrant County, Texas (Annexation Case No. AX-02-0002), Council Member Haskin made a motion, seconded by Council Member Davis, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Mayor Barr suggested that staff evaluate the surrounding areas when annexing to ensure the City does not omit small enclaves from annexation if staff deems that they should be included at that particular time as an involuntary annexation. Public Hearing It appeared that the City Council set today as the date for the Proposed second public hearing for the proposed annexation of 28.209 acres Annexation of of land, being all that tract of land in Tarrant County, Texas, a part 28.209 Acres of of the L. Hansbrough Survey, Abstract No. 747, a part of the J. R. Land Out of Part Knight Survey, Abstract No. 902, and being all of that land of L. conveyed to Eldon D. Hill, Tarrant County, Texas (Annexation Case Hansbrough No. AX-02-0003). Mayor Barr asked if there was anyone present Survey and Part desiring to be heard. of J. R. Knight y Ms. Cathy Davidson, representing the Development Department, Survey appeared before the City Council, presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting on July 30, 2002. City Manager Jackson advised that he would provide Council with further analysis on annexation of the remaining enclaves in two weeks. There being no one else present desiring to be heard in connection with the second public hearing for the proposed annexation of 28.209 acres of land, being all that tract of land in Tarrant County, Texas, a part of the L. Hansbrough Survey, Abstract No. 747, a part of the J. R. Knight Survey, Abstract No. 902, and being all of that land conveyed to Eldon D. Hill, Tarrant County, Texas (Annexation Case No. AX-02-0003), Council Member Haskin made a motion, seconded by Council Member Lane, that the second public hearing CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 13 of 18 be closed, that staff be directed to institute annexation proceedings, and instruct staff to bring information forward relative to involuntary annexation of enclaves in future work sessions. The motion carried unanimously. SP-02-0003 It appeared that the City Council, at its meeting of June 18, 2002, Continued Until continued the hearing of the application of Tarrant County for August 13, 2002 property located at 2701 Kimbo Road to amend site plan for "PD- 325" Planned Development for a Detention Center to add four buildings, an 8-foot fence, and a 10-foot setback, Site Plan No. SP- 02-0003. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Tarrant County for property located at 2701 Kimbo Road to amend site plan for "PD-325" Planned Development for a Detention Center to add four buildings, an 8-foot fence, and a 10-foot setback, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Site Plan No. SP-02-0003, be continued until August 13, 2002. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 2844 was Hearing adopted on June 18, 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 June 21, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-002-097 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Hickman Investments for a change in zoning of property located at the northwest corner of Las Vegas Trail and Loop 820 West from "A-5" One-Family to "PD/G" Planned Development/Specific Use for all uses in "G" Intensive Commercial, with exceptions (listed in the Zoning Docket), and waiver of site plan recommended, Zoning Docket No. ZC-002-097, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 14 of 18 ZC-002-134 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Victory Arts Center, L.P. for a change in zoning of property located at 801 West Shaw Street from "PD/210/HSE" Planned Development/Specific Use for art studios, retail sales and residential as part of mixed use development/Highly Significant Endangered to "MU-1/HSE" Low Intensity Mixed-Use/Highly Significant Endangered, Zoning Docket No. ZC-002-134, be approved. The motion carried unanimously. ZC-002-135 Council Member Davis made a motion, seconded by Council SP-002-007 Member Silcox, that the application of B-Square Partnership for a Continued Until change in zoning of property located at 205 Capps Street from "J" September 10, Medium Industrial to "PD/SU" Planned Development/Specific Use 2002 for all uses in "J" Medium Industrial plus construction of a 9,000 square foot building on a 10,000 square foot lot for manufacturing business, Zoning Docket No. ZC-002-135 and Site Plan No. SP-002- 007, be continued until September 10, 2002. The motion carried unanimously. ZC-002-136 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of Francisco DeLeon for a change in zoning of property located at 3718 North Houston Street from "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. ZC-002-136, be approved. The motion carried unanimously. ZC-002-137 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Dennis and Margaret Johnson for a change in zoning of property located at 2116 Park Place Avenue from "B" Two-Family to "B/HC" Two-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-002-137, be approved. The motion carried unanimously. ZC-002-138 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Heather White for a change in zoning of property located at 2320 West Rosedale Street South from "A-5" One-Family to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-002-138, be approved. The motion carried unanimously. ZC-002-141 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of AIL Investments, L.P. for a change in zoning of property located at the northeast corner of Henrietta Creek Road and the future Independence Parkway from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. ZC- 002-141, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 15 of 18 ZC-002-142 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Hayco Realty Company, Ltd. for a change in zoning of property located at the northeast corner of Bowman Roberts Road and Ten Mile Bridge Road from "R-1" Zero Lot Line/Cluster Residential, "CR" Low Density Multi-Family and "C" Medium Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-002-142, be approved. The motion carried unanimously. ZC-002-143 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Jerelene C. McQuerry for a change in zoning of property located at 2805 Oscar Avenue from "E" Neighborhood Council to "A-5" One-Family, Zoning Docket No. ZC-002-143, be approved. The motion carried unanimously. ZC-002-144 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Bank One, N.A., Trustee of the Marvin Leonard Trust, for a change in zoning of property located in the 400-600 Block of Alta Mere Drive (S.H. 183) from "C" Medium Density Multi-Family to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-002-144, be approved. The motion carried unanimously. ZC-002-145 Council Member Haskin made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Hillwood Alliance Residential, L.P. for a change in zoning of property located southeast of General Worth Drive and the future Heritage Trace Parkway from "A-5" One-Family and "AR" One-Family Restricted to "E" Neighborhood Commercial, Zoning Docket No. ZC-002-145, be approved. The motion carried unanimously. ZC-002-146 Mr. Jim Schell, 901 Fort Worth Club, appeared before Council, SP-002-008 stated that the site plan was amended to reflect movement of the Approved spa from one side of the pool to the other and also the monument Jim Schell sign from the east side to the west side of the property. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of Monterrey-Woodmont Partnership for a change in zoning of property located in the 6600 Block of West Freeway (IH-30) from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for a hotel within 1,000 feet of residential district, Zoning Docket No. ZC-002-146 and Site Plan No. SP-002-008, be approved, as amended, with corrected site plan. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 16 of 18 ZC-002-147 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of The Marco Company for a change in zoning of property located at 3220 Joyce Drive from "A- 5" One-Family to "I" Light Industrial, Zoning Docket No. ZC-002- 147, be approved. The motion carried unanimously. ZC-002-150 Council Member Lane made a motion, seconded by Council SP-002-009 Member Silcox, that the application of Radio Shack Corporation for Approved a change in zoning of property located at the southeast corner of Western Center Boulevard and the future Mark IV Parkway from "CR" Low Density Multi-Family, "F" General Commercial and "I" Light Industrial to "A-5" One-Family and "PD/AR" Planned Development/Specific Use for all uses in "AR" One-Family Restricted with 40-foot lot width and 5-foot side yard setbacks, Zoning Docket No. ZC-002-150 and Site Plan No. SP-002-009, be approved. The motion carried unanimously. ZC-002-152 Council Member Lane made a motion, seconded by Mayor Pro Continued Until tempore McCloud, that the application of Jim Cozby for a change in July 23, 2002 zoning of property located in the 8000 Block of Blue Mound Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC- 002-152, be continued until July 23, 2002. The motion carried unanimously. Mr. John Garfield, representing the Development Department, advised Council that there was a minor change that needed to be made to the site plan by the applicant. Reconsideration Mayor Pro tempore McCloud made a motion, seconded by Council of ZC-002-150 & Member Silcox, to reconsider Zoning Docket No. ZC-002-150 and SP-002-009 Site Plan No. SP-002-009. The motion carried unanimously. ZC-002-150 Mr. Don Allen, 777 Main Street, representing Carter and Burgess, SP-002-009 appeared before Council and stated that the site plan needed to be Approved amended to change the northeast quadrant of the property to Don Allen delete a 1.45 acre strip of land that was not part of this property. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Radio Shack Corporation for a change in zoning of property located at the southeast corner of Western Center Boulevard and the future Mark IV Parkway from "CR" Low Density Multi-Family, "F" General Commercial and "I" Light Industrial to "A-5" One-Family and "PD/AR" Planned Development/Specific Use for all uses in "AR" One-Family Restricted with 40-foot lot width and 5-foot side yard setbacks, Zoning Docket No. ZC-002-150 and Site Plan No. SP-002-009, be approved, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 9, 2002 PAGE 17 of 18 ZC-002-153 Council Member Haskin made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth for a change in zoning of property located at 2108 Teakwood Trace from "A-5" One-Family to "A-10" One-Family, Zoning Docket No. ZC-002- 153, be approved. The motion carried unanimously. ZC-002-105 Council Member Wentworth made a motion, seconded by Council Denied Without Member Silcox, that the application of City of Fort Worth for a Prejudice change in zoning of property located at the southwest corner of Lancaster Avenue and University Drive (Will Rogers Complex) from "A-5" One-Family and "J" Medium Industrial to "A-5/HC" One- Family/Historical and Cultural Landmark and "J/HC" Medium Industrial/Historical and Cultural Landmark, Zoning Docket No. ZC- 002-105, be denied without prejudice. The motion carried unanimously. ZC-002-140 Mr. Horace F. Weaver, 6618 Livingstone, Rowlett, Texas, appeared Denied before Council in opposition of the denial. He stated that he had Horace Weaver marketed this property for over a year under its current zoning. He assured the Council that his client would construct an upscale operation and that the zoning change was the most realistic use for this property. Jason Mills Mr. Jason Mills, 4829 Collinwood, appeared before Council in opposition of the denial. He stated that his client would have a legitimate business and would place over $70,000.00 of improvements on the property. Council Member Wentworth advised Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of Bank of America, N.A. for a change in zoning of property located at 3507, 3509, 3511, 3513 and 3521 Mansfield Highway from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-002- 140, be denied. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht and Davis NOES: None ABSENT: None NOT VOTING: Council Member Wentworth CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 9, 2002 PAGE 18 of 18 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15152 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 9.52 p.m. c� CITY CRETARY MAYOR