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HomeMy WebLinkAbout2002/10/08-Minutes-City Council CITY COUNCIL MEETING OCTOBER 8, 2002 Date & Time On the 8t" day of October, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:04 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 Dr. David Grebel, Texas Christian University Director of Extended Education. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of October 1, 2002, were approved unanimously. Special Council Member Wentworth presented a Proclamation for Presentations Osteopathic Medicine Week. Council Member Davis presented a Certificate of Recognition to former Board and Commission member Margaret DeMoss for her service on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission. Ms. Jane Schlansker, President-Elect of Fort Worth Sister Cities International, introduced Mayor Tamio Mori and the Official Delegation from Nagaoka, Japan. Mayor Mori presented a gift to the City and Council Member Haskin presented him with a key to the City. Announcements Mayor Barr announced that October was Fire Prevention Month and that this week was Fire Prevention Week. He asked that everyone pause for a moment of observance to recognize the courage and commitment of Fort Worth Firefighters and the fact that they served our community day in and day out. He added that the events of September 11, 2001, made everyone think about the contributions of Firefighters and that they were role models for our children. Mayor Barr also announced that on October 14, 2002, the City would conduct a City-wide Forum on the Comprehensive Plan. He stated that the forum would be held at the Convention Center CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 2 of 28 starting a 6:00 p.m. where members of the community could ask questions of staff, followed by a 7:00 p.m. briefing by the City Council and City Plan Commission members. He added that this was a visitation session for the Comprehensive Plan and input from the community was very important. Council Member Picht announced the resignation of his Council Aide Cindy Crain, expressed his appreciation for all her efforts on his behalf, and wished her well. He also introduced Geoffrey Mitchell his new Council Aide. He also stated that the October 6, 2002 Fort Worth Star-Telegram contained an article on the restoration of the B-36 aircraft. He added that the plane was currently in a disassembled configuration at Lockheed-Martin and hoped that one of the City's airports could find a permanent place to preserve this aircraft as it was only one of four left in the world. Council Member Moss complimented the Library Foundation on the successful Library Festival held October 5, 2002. He added that Library Director Gleniece Robinson and her staff did an outstanding job and that the festival was an exciting experience. Council Member Haskin stated that October 5, 2002, was the American Heart Walk and that she was proud of all who participated in this worthy cause. She also commended Mayor Pro tempore McCloud for his assistance on October 4, 2002, to raise money for the United Way by being a participant in the dunk tank. She further expressed appreciation to City staff for their assistance with the Handley Street Festival and extended congratulations to Mayor and Council Intern Aricka Stegall on her 20th birthday. Council Member Lane stated that those interested in preserving the B-36 could attend the International Air Show being held at Alliance Airport October 12-13, 2002. He stated that the show would be a world-class event and part of the proceeds would go to the Aviation Heritage Museum for preservation of the B-36 aircraft. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. P-9690 be continued for two weeks and that L- Staff 13389 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 3 of 28 Appointments Mayor Barr asked Council to consider appointing Mr. Daniel C. Hernandez to Place 1 on the City Zoning Commission. He also expressed his appreciation to Jeff King for his six years of service as the Place 1 representative. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mr. Daniel C. Hernandez be appointed to Place 1 on the City Zoning Commission, effective October 8, 2002, and with a term to expire October 1, 2003. The motion carried unanimously. Council Member Haskin announced that there was a vacancy on the Human Relations Commission and that anyone interested in serving on this board could contact the Mayor or Council offices. Res. #2874 There was presented Resolution No. 2874 authorizing the City Financing and Manager to proceed with all related tasks associated with the Construction of financing and construction of a Convention Center hotel. Council Convention Member Lane made a motion, seconded by Mayor Pro tempore Center Hotel McCloud, that the recommendation be adopted. Assistant City Managers Joe Paniagua and Charles Boswell and Public Events Director Kirk Slaughter presented a staff report relative to the feasibility of constructing a Convention Center Hotel. City Attorney Yett stated that the Council had the legal authority to utilize Certificates of Obligation for construction of the hotel. He added that the Bond Council and State Attorney General had approved expenditure of the bonds. Madelyn Gibbs Ms. Madelyn Rice Gibbs, 4601 Foxfire Way, representing the Fort Worth League of Neighborhoods, expressed her appreciation to staff for the presentation they provided to the league on the proposed hotel. She asked that Council continue to keep the community informed regarding this proposed project. The following individuals appeared before Council in opposition of constructing a Convention Center Hotel: Derek White, Mr. Derek White 200 Main Street Chad Crandell, Mr. Chad Crandell 200 Main Street Bob Jameson, Mr. Bob Jameson 200 Main Street Larry Nickerson, Mr. Larry Nickerson 6055 Monte Vista Lane, Apt. 914 Steve Hollern, Mr. Steve Hollern 6471 Floyd Drive Maria Barbiretti, Ms. Maria Barbiretti 6301 Basswood Drive Stan Kennedy, Mr. Stan Kennedy 12345 Green Ash Drive CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 4 of 28 Heywood Mr. Heywood Sanders 324 E. Huisache, San Antonio, TX Sanders, Mr. Bruce Walker 134 Laurel Heights Place, Bruce Walker, San Antonio, TX Joan Crownover, Ms. Joan Crownover 1041 East Robert Street Mike Kennedy Mr. Mike Kennedy 1301 Alexis Avenue, #336 The following individuals appeared before Council in support of constructing a Convention Center Hotel: Herb Biddle, Mr. Herb Biddle 5023 Pershing Avenue Barry Tubbs, Mr. Barry Tubbs 7617 Skylake Drive Quentin Mr. Quentin A. Christian 610 Brazos Street, Austin, TX Christian, Ms. Mary Ruffing 3223 S. Atlantic Avenue #305 Mary Ruffing, Cocoa Beach, FL Donald Mr. Donald Manworren 1520 Parliament Lane, Plano, TX Manworren, Mr. Bill Harris 755 Main Street, Suite 4-D Bill Harris, Monroe, CT Bill Thornton, Mr. Bill Thornton 4108 Sarita Drive Pat Smith, Ms. Pat Smith 3355 Beecave Road, Austin, TX Douglas Harman, Mr. Douglas Harman 2222 Winton Terrace East Devoyd Mr. Devoyd Jennings 1150 South Freeway Jennings, Mr. Ed Casebier 100 E. 15th Street, Suite 630 Ed Casebier 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 his appreciation to all the staff that worked on this endeavor, especially to Mr. Paniagua, Mr. Boswell, and Mr. Slaughter for their hard work. OCS-1309 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1309 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 5 of 28 PARKWAY CONTRACTOR INSURANCE COMPANY A. Driskell Paving & Contracting RLI Insurance Company Anchor Companies RLI Insurance Company Anderson Paving, Inc. Western Surety Company Armstrong-Berger, Inc. Western Surety Company ASR Enterprises, Inc. Redland Insurance Company Roy Ferrusca d/b/a Best-Tex CNA Surety Construction Boone Concrete Western Surety Company C&C Concrete, Inc. RLI Insurance Company Commercial Structures & Suretec Insurance Company Interiors, Inc. CSA Concrete, Inc. No. American Specialty Insurance Company David Lewis Builders Merchants Bonding Company F.C.F. Concrete Western Surety Company/BIA Sandra Gonzales & Hector Western Surety Company/BIA Martinez Victor Gonzalez Employers Mutual Casualty Company Heritage Commercial Western Surety Company Construction Kaufman Company Merchants Bonding Company Miller Sierra Construction, Inc. Hartford Casualty Insurance Company Jose Morales Merchants Bonding Company Francisco Mores Merchants Bonding Company Miguel Ramirez d/b/a MR Mid-Century Insurance Company Construction Nu Build American Contractors Indemnity Co. Alex Aquayo d/b/a Orion Group Western Surety Company R&R Concrete Western Surety Company/BIA Ramirez Construction Company RLI Surety Company RB Contracting Co., Inc. Continental Casualty Company Sage & Bray Construction, Inc. Ohio Farmers Insurance Company Shawn T. Mackey Construction State Farm Insurance Company Snap Construction Services, Inc. Western Surety Company TC2 Concrete Construction, Inc. Cumberland Casualty & Surety Company Vanguard Modular Building U.S. Fidelity & Guaranty Company Systems LLC Adrian Veliz Western Surety Company/ Bradley Insurance Mark Lewis York Merchants Bonding Company It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 6 of 28 OCS-1310 There was presented Mayor and Council Communication No. OCS- Claims 1310 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-13755 There was presented Mayor and Council Communication No. G- GIS Software & 13755 from the City Manager recommending that the City Council Internet-Based authorize the City Manager to apply for and accept, if granted, an Training for FW- award for Geographic Information System (GIS) software and Tarrant County internet-based training valued at $50,000.00 from Environmental Emergency Systems Research Institute, Inc. to enhance the Fort Worth-Tarrant Operations County Emergency Operations Center. It was the consensus of the Center City Council that the recommendation be adopted. G-13756 There was presented Mayor and Council Communication No. G- Ord. #15274 13756 from the City Manager recommending that the City Council: Oleander Walk Neighborhood 1. Adopt Appropriation Ordinance No. 15274 increasing Development estimated receipts and appropriations in the Rental Project Rehabilitation Program Fund in the amount of $80,000.00 from available funds, for the purpose of executing a contract with Fort Worth South, Inc. for the Oleander Walk Neighborhood Development Project; and 2. Authorize the transfer and use of $80,000.00 in rental rehabilitation funds from the Rental Rehabilitation Program Fund to the Fort Worth Housing Finance Corporation Fund in order to execute a contract with Fort Worth South, Inc. for the Oleander Walk Neighborhood Project. It was the consensus of the City Council that the recommendation be adopted. G-13757 There was presented Mayor and Council Communication No. G- Settlement of 13757 from the City Manager recommending that the City Council: Claims of Firefighters—Jim 1. Approve the proposed settlement of the lawsuit arising from Tate, J.R. the alleged failure of the City to grant vacation days to the Sullivan, Landon City of Fort Worth firefighters from December 5, 1996, Stalling, Pat through December 31, 2000; and Vasquez & Don Westmoreland, 2. Authorize the payment of $30,000.00 to B. Craig Deats for Jr. v. City of Fort attorney's fees incurred on behalf of the plaintiff firefighters Worth, Cause No. and pay court costs; and 348-194395-02 CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 7 of 28 3. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-13758 There was presented Mayor and Council Communication No. G- Ord. #15275 13758 from the City Manager recommending that the City Council Amend Ord. adopt Ordinance No. 15275 amending Ordinance No. 10692 (the #10692, grant of a franchise to TXU Gas Company) by clarifying the method Franchise to in which franchise fees will be calculated and authorizing in certain TXU Gas circumstances the lease of facilities owned by TXU Gas Company Company and located within the public rights-of-way in the City of Fort Worth; and further providing that this ordinance is cumulative; providing a severability clause; finding and determining that the meeting at which this ordinance is adopted is open to the public as required by law; providing for publication; providing an effective date; and providing for acceptance by TXU Gas Company. It was the consensus of the City Council that the recommendation be adopted. G-13759 There was presented Mayor and Council Communication No. G- Ord. #15276 13759 from the City Manager recommending that the City Council Amend Ord. adopt Ordinance No. 15276 amending Ordinance No. 11634 (the #11634, grant of a franchise to Oncor Electric Delivery Company, Franchise to successor in interest to TXU Electric Company) by clarifying the Oncor Electric method in which franchise fees will be calculated; and further Delivery providing that this ordinance is cumulative; providing a Company severability clause; finding and determining that the meeting at which this ordinance is adopted is open to the public as required by law; providing for publication; providing an effective date; and providing for acceptance by Oncor Electric Delivery Company. It was the consensus of the City Council that the recommendation be adopted. G-13760 There was presented Mayor and Council Communication No. G- Ord. #15277 13760 from the City Manager recommending that the City Council: Ord. #15278 Accept Donations 1. Authorize the City Manager to accept donations and other & Other Proceeds proceeds in the Special Gifts Fund; and for Funding Supplies, 2. Adopt Supplemental Appropriation Ordinance No. 15277 Equipment, & increasing estimated receipts and appropriations in the Library Materials Special Gifts Fund in the amount of $68,825.00 from for FW Public available funds, for the purpose of funding supplies, Library equipment, and library materials for the Fort Worth Public Library; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 8 of 28 3. Approve the transfer of $68,825.00 from the Special Gifts Fund to the General Fund; and 4. Adopt Supplemental Appropriation Ordinance No. 15278 increasing estimated receipts and appropriations in the General Fund in the amount of $68,825.00 from available funds for the purpose of funding supplies, equipment, and library materials for the Fort Worth Public Library. It was the consensus of the City Council that the recommendation be adopted. G-13761 There was presented Mayor and Council Communication No. G- Ord. #15279 13761 from the City Manager recommending that the City Council: Ord. #15280 Use Principal & 1. Approve the use of principal and interest earned in the Interest for Special Trust Fund to fund Library programs and activities; Library Materials and and Out- Sourced 2. Adopt Supplemental Appropriation Ordinance No. 15279 Customer increasing estimated receipts and appropriations in the Service Training Special Trust Fund in the amount of $27,190.00 from Classes at FW available funds, for the purpose of funding library materials Public Library and out-sourced customer service training classes for the Fort Worth Public Library; and 3. Approve the transfer of $27,190.00 from the Special Trust Fund to the General Fund; and 4. Adopt Supplemental Appropriation Ordinance No. 15280 increasing estimated receipts and appropriations in the General Fund in the amount of $27,190.00 from available funds for the purpose of funding library materials and out- sourced customer service training classes for the Fort Worth Public Library. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 9 of 28 G-13762 There was presented Mayor and Council Communication No. G- Ord. #15281 13762 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15281 revising Chapter 22 Motor Vehicles and 22 Motor Pedestrians, Article VII "Bicycles" of the Code of the City of Fort Vehicles & Worth, as amended, by repealing all provisions relating to Pedestrians, mandatory registration of bicycles. Council Member Davis made a Article VII motion, seconded by Council Member Lane, that the "Bicycles" recommendation be adopted. The motion carried unanimously. P-9675 There was presented Mayor and Council Communication No. P- Janitorial 9675, dated September 24, 2002, from the City Manager Service recommending that the City Council: 1. Authorize a purchase agreement with James Enterprise for janitorial service and supplies for buildings occupied by the Transportation and Public Works Department, Facilities Management Division, Police Department, Code Compliance Department, Cable Office, Construction Engineering, Electronics, and the Environmental Management Department based on the overall low bid of unit prices listed below: • Janitorial service and supplies shall be provided for $10.38 per hour; and • Stripping and waxing of floors without moving furniture shall be provided for $0.0975 per square foot; and • Stripping and waxing of floors with the moving furniture shall be provided for $0.1120 per square foot; and • Payment terms are net 30 days; and 2. Authorize this agreement to begin October 1, 2002, and expire September 30, 2003, with options to renew for four successive one-year periods. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 10 of 28 P-9690 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9690, dated October 1, 2002, Professional Two Weeks Services Contract with Avizion Technologies Group, Inc. to provide Interim Mainframe Operating Environment Support for the Information Technology Solutions Department, be continued for two weeks. P-9691 There was presented Mayor and Council Communication No. P- Computer 9691 from the City Manager recommending that the City Council Security Audit of authorize the City Manager to execute a contract with Secure City's Commerce Systems to perform a computer security audit of the Information City's Information Technology Network for the Internal Audit Technology Department for an amount not to exceed $55,000.00; and authorize Network this contract to begin on the date of contract execution, and expire three months thereafter. It was the consensus of the City Council that the recommendation be adopted. P-9692 There was presented Mayor and Council Communication No. P- Maintenance & 9692 from the City Manager recommending that the City Council Support of authorize a sole source purchase from HTE Government Software Customer for maintenance and support of the customer information and Information & billing systems for the Water Department for an amount not to Billing Systems exceed $116,229.96; and authorize this agreement to begin October 8, 2002, and expire October 7, 2003. It was the consensus of the City Council that the recommendation be adopted. P-9693 There was presented Mayor and Council Communication No. P- AS/400 9693 from the City Manager recommending that the City Council Processor authorize the purchase of a maintenance contract from Compucom Billing System Systems for an AS/400 processor billing system for the Water Department, for an amount not to exceed $60,124.54; and authorize this agreement to begin October 8, 2002, and expire October 7, 2003. It was the consensus of the City Council that the recommendation be adopted L-13389 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L- 13389, dated August 20, 2002, Adoption of a One Week Joint Resolution and Agreement with the City of Aledo to Apportion Overlapping Extraterritorial Jurisdiction, to Release Land Located in the Extraterritorial Jurisdiction of Fort Worth to the City of Aledo, and to Accept Land Released from the Extraterritorial Jurisdiction of Aledo, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 11 of 28 L-13411 There was presented Mayor and Council Communication No. L- Permanent 13411 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as a portion of the John Bursey Survey, Abstract No. 128 from Paul Andrews, Jr. and Judy Andrews for property located east of Longvue Avenue and south of Chapin Road (DOE 3680) necessary for the construction and maintenance of a sanitary sewer line for the Marco Addition in the amount of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13412 There was presented Mayor and Council Communication No. L- Conveyance of 13412 from the City Manager recommending that the City Council Temporary authorize the conveyance of one temporary construction easement Construction and one permanent sanitary sewer line easement described as part Easement & of the John Breeding Survey, Abstract No. 188 to the City of Lake Permanent Worth for the installation and maintenance of a sanitary sewer line Sanitary Sewer at Edgemere Place to Lotus Trail in the amount of $2.00; and Line Easement authorize the City Manager to execute the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13413 There was presented Mayor and Council Communication No. L- Permanent 13413 from the City Manager recommending that the City Council Utility Easement authorize the acceptance of one permanent utility easement and & Temporary one temporary construction easement described as 9395 Silver Construction Creek, Abstract No. 170, Tract 1C, H.T. Boydston Survey from Easement International Abm, Inc. for the Castle Circle Sewer Force Main (DOE 3443) needed to provide sewer services for the Castle Circle Lift Station and the residents of the South Shore Lake Worth area for a total cost of $24,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13414 There was presented Mayor and Council Communication No. L- Permanent 13414 from the City Manager recommending that the City Council Sewer Easement approve the acceptance of one permanent sewer easement and & Right-of-Ways two right-of-ways described as A-1849, A.F. Albright Survey, Tarrant County, Texas, from multiple property owners located east of Old Decatur Road and north of NW Loop 820 (DOE 3883) needed for the future development at The Quarry for a total cost of $21.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 12 of 28 L-13415 There was presented Mayor and Council Communication No. L- Permanent 13415 from the City Manager recommending that the City Council Water Meter approve the acceptance of one permanent water meter easement Easement described as a portion of Lot 1, Block 29, Remington Point from Eagle Mountain Saginaw Independent School District located at 6000 Old Decatur Road (DOE 3679) necessary for the construction, maintenance, inspection and operation of water meters in the amount of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13416 There was presented Mayor and Council Communication No. L- Permanent 13416 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as a portion of the J. Chirino Survey, Abstract No. 265 from G & G Development Partnership, LTD. for property located east of Alta Vista Road and south of Keller-Haslet Road for the McPherson Ranch, Phase 1 Project (DOE 3723) necessary for the construction, maintenance and repair of a sanitary sewer line in the amount of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13417 There was presented Mayor and Council Communication No. L- Permanent 13417 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as a portion of the John Bursey Survey, Abstract No. 128 & 129 from Soldier Creek Ranch, L.L.C. and Havener-Rupert Limited Partnership for property located east of Longvue Avenue and south of Chapin Road (DOE 3680) necessary for the construction and maintenance of a sanitary sewer line for the Marco Addition for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13418 There was presented Mayor and Council Communication No. L- Permanent 13418 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of nine permanent sanitary sewer Easements easements described as A-930, Track 41A, 41B, 44, 44A, 44C- 44C213, 44C2, 44D, 44F, 46, 48B, Hiram Little Survey, Tarrant County, Texas, from various property owners for the off-site sanitary sewer extension to serve Fort Worth Spinks Airport (DOE) 3408) needed for the purpose of constructing and maintaining a sanitary sewer line adjacent to properties located in the 12000 block of Oak Grove Road South for a total cost of $23,236.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 13 of 28 L-13419 There was presented Mayor and Council Communication No. L- Pipeline 13419 from the City Manager recommending that the City Council Crossing authorize the City Manager to enter into a pipeline crossing Agreement for agreement with Union Pacific Railroad Company at milepost Sanitary Sewer 608.70, Duncan Subdivision, Tarrant County, Texas, for Sanitary Main Sewer Main Replacement, Contract 2002A in north Fort Worth (DOE Replacement, 3553) needed for the installation of 1,178 linear feet of 8-inch sewer Contract 2002A pipe under Union Pacific Railroad Company tracks near the intersection of Pecan Street and 30th Street for a one-time cost of $2,594.00. It was the consensus of the City Council that the recommendation be adopted. L-13420 There was presented Mayor and Council Communication No. PZ- Permanent 13420 from the City Manager recommending that the City Council Easement & authorize the acquisition of one permanent easement and right-of- Right-of-Way way described as Centerline at S72, 38-feet, 42 inches E97.58 feet, North Holbrook Survey, from Oncor Electric Delivery Company for the construction of the Westside IV Water Transmission Main near Westpoint Boulevard and Bassett Locke Road (DOE 3540) necessary for the construction and extension of the Westside IV Water Transmission Main facility in order to provide water service to the developing acreage west of Chapel Creek Boulevard and north of Interstate 30 in west Fort Worth in the amount of $10.00. It was the consensus of the City Council that the recommendation be adopted. C-19277 There was presented Mayor and Council Communication No. C- TxDOT 19277 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) for construction, maintenance and operation of continuous highway lighting on IH820 from IH35W to Beach Street within the City of Fort Worth (CSJ:0008-14-059). It was the consensus of the City Council that the recommendation be adopted. C-19278 There was presented Mayor and Council Communication No. C- Wendy Lopez & 19278 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement d/b/a with Wendy Lopez & Associates, Inc. d/b/a LopezGarcia Group for LopezGarcia the design of water and sanitary sewer mains in Rosedale Street Group from U.S. Highway 287 to I.H. 820 for a fee not to exceed $428,249.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 14 of 28 C-19279 There was presented Mayor and Council Communication No. C- Tarrant County 19279 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County to provide office space and building services at the City's Public Health Center located at 1800 University Drive for Fiscal Year 2002-2003. It was the consensus of the City Council that the recommendation be adopted. C-19280 There was presented Mayor and Council Communication No. C- NCTCOG 19280 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) for the period beginning October 1, 2002, through September 30, 2007. This agreement covers administrative and implementation assistance as part of the regional storm water management program. For FY2002-2003, the City of Fort Worth's participant cost share is $16,400.00. It was the consensus of the City Council that the recommendation be adopted. C-19281 There was presented Mayor and Council Communication No. C- Dannenbaum 19281 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute an engineering agreement Corporation with Dannenbaum Engineering Corporation, in the amount of $167,195.11, for pavement reconstruction and water and sanitary sewer replacement on Stanley Avenue from Berry Street to Dickson Street and from Pafford Street to Bolt Street. It was the consensus of the City Council that the recommendation be adopted. C-19282 There was presented Mayor and Council Communication No. C- Change Order#3 19282 from the City Manager recommending that the City Council to CSC #27071 — authorize the City Manager to execute Change Order No. 3 to City Eagle Secretary Contract No. 27071 with Eagle Contracting, L.P., in the Contracting, L.P. amount of $75,383.08, thereby increasing the contract amount to $16,507,360.29 for Rolling Hills Water Treatment Plant - Facilities Upgrade and 40 MGD Expansion, Phase 1 - Ozonation Facilities. It was the consensus of the City Council that the recommendation be adopted. C-19283 There was presented Mayor and Council Communication No. C- Pier— FTW, Inc. 19283 from the City Manager recommending that the City Council find that the terms and conditions of the Economic Development Program Agreement with Pier — FTW, Inc. (Pier 1) constitute a custom-designed economic development program as outlined in CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 15 of 28 the 2002 Comprehensive Plan; and authorize the City Manager to execute the Economic Development Program Agreement with Pier 1. City Attorney Yett stated staff recommended approval of the agreement by including the following paragraph to Section 7: 7.6. Additional Right-of-Way Vacations In addition to the Penn Street Right-of-Way, if requested by Pier 1, the City Council may subsequently adopt an ordinance or ordinances that provide for the vacation of additional public rights-of-way on or adjacent to the Pier 1 site. As part of the consideration under this Agreement, the City may forgo payment by Pier 1 of the value of such public rights-of-way to which the City would otherwise be entitled in return for the vacation thereof. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted as amended. 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 Council Member Davis expressed appreciation to the Pier 1 representatives for electing to build their corporate headquarters in Fort Worth. C-19284 There was presented Mayor and Council Communication No. C- Pier 1 — FTW, 19284 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a Community Facilities Agreement with Pier - FTW, Inc. for the installation of community facilities for a portion of Lots 12, 13, 14, and 15 of the R. L. Carlocks Addition, all of Lot 1, Calvary Addition, and a portion of the William Russell Survey, Abstract No. 151, and the A. Robinson Survey, Abstract No. 1829. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 16 of 28 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: None Mayor Barr expressed appreciation to Mr. Marvin Gerrard, Ron Lawrence, and Mitch Weatherly for their commitment to the City, and to Assistant City Managers Reid Rector and Marc Ott, Economic and Community Development Director Tom Higgins, Assistant City Attorney Peter Vaky, Water Department Director Dale Fisseler, and Transportation/Pubic Works Director Robert Goode, for their leadership roles. C-19285 There was presented Mayor and Council Communication No. C- Multiple 19285 from the City Manager recommending that the City Council Developers authorize the City Manager to execute and Informal Community Facilities Agreement with multiple developers for the installation of street lights and street name signs for McPherson Ranch, Phase I; Shadow Glen Estates; Heritage Glen, Section 2; and Vista Greens, Phase I. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-19286 There was presented Mayor and Council Communication No. C- Ord. #15282 19286 from the City Manager recommending that the City Council: FWISD 1. Authorize the City Manager to execute a renewal of the Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the City to provide an Attendance Court to adjudicate FWISD truancy cases; and 2. Authorize the City Manager to accept reimbursement from the FWISD in the amount of $446,215.30 for all personnel and other costs associated with implementation and operation of the above-mentioned Attendance Court in FY- 2002-2003; and 3. Adopt Appropriation Ordinance No. 15282 increasing estimated receipts and appropriations in the General Fund in the amount of $446,215.00 subject to the renewal of an Interlocal Agreement with the Fort Worth Independent School District, for the purpose of funding a Municipal Attendance Court to adjudicate FWISD truancy cases. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 17 of 28 Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss C-19287 There was presented Mayor and Council Communication No. C- SafetyCom, Inc. 19287 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with SafetyCom, Inc. for the installation of an Outdoor Warning System for an amount not to exceed $2,816,109.46. Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Recessed/ Mayor Barr recessed the meeting at 10:23 p.m. and reconvened at Reconvened 10:38 p.m. ZC-01-018A It appeared that the City Council, at its meeting of September 17, Ord. #15283 2002, continued the hearing of Zoning Docket No. ZC-01-018A, Text Approved Amendment regulating telecommunications towers and stealth Text telecommunication towers. Mayor Barr asked if there was anyone Amendment present desiring to be heard. Mayor Barr stated that revisions had been made to this case and to Zoning Docket No. ZC-02-218 and stated that they would be heard consecutively as they both related to telecommunication towers. He requested Assistant City Attorney Sarah Fullenwider summarize the revisions to the text amendment. The revisions were read as follows: 1. Replace the name "Design Review Committee" with "Scenic Preservation and Design Review Commission" throughout the text amendment. 2. Amend Section 9, Page 6, "Height:" to change the permissible height of Stealth Telecommunications Towers from 90 feet to 75 feet. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 18 of 28 3. Amend Section 14D, Page 9 as follows: a. Subsection 3(c): Delete "...and future expansion plans,..." b. Subsection 3(i): Delete "...or..." on line three and replace with "...and affidavits...". After "...sites..." add "...within a half-mile radius..." c. Subsection 3(j): Delete "...with written documentation from existing site owners and/or operator which confirm the statements provided." 4. Amend Section 14C, Page 9 as follows: a. Subsection 2: After "...district..." add "... or use. Stealth Telecommunications Towers shall be set back 200 feet from any One-Family or Two-Family District or use." b. Subsection 3: After "...Districts..." add "... or use. Stealth Telecommunications Towers shall be set back 200 feet from any One-Family or Two-Family District or use." 5. Amend Section 14L, Page 13 as follows: a. Subsection 1: Replace paragraph with, "The Scenic Preservation and Design Review Commission shall review and approved, modify, or reject all designs as required this Ordinance. Any requests for variances or special exceptions must be granted by the Board of Adjustments prior to design review by the Commission." b. Subsection 2: Replace "Committee" with "Commission" and after "approve," insert "modify, or reject..." c. Subsection 3: Replace paragraph with, "Any person or entity aggrieved by the decision of the Scenic Preservation and Design Review Commission relating to the review of designs required under this Ordinance may appeal to the City Council by submitting a written appeal to the City Secretary within ten days after receipt of the notification of the Commission's decision. The City Council shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable. The City Council may uphold, reverse, or modify the Commission's decision. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 19 of 28 Judy Harman Ms. Judy Harman, 2222 Winton Terrace East, representing Scenic Fort Worth, appeared before Council in support of the text amendment. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Wentworth, that the Zoning Hearing be closed, that Zoning Docket No. ZC-01-018A be approved as amended, and that the following ordinance be adopted: ORDINANCE NO. 15283 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), CONCERNING THE PERMITTED USE AND HEIGHT OF TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATION TOWERS IN ALL ZONING DISTRICTS; AMENDING SECTION 5.134 OF CHAPTER 5, ARTICLE I, "TELECOMMUNICATION ANTENNA" TO PERMIT ANTENNAS IN ALL DISTRICTS UP TO 12 FEET ABOVE THE STRUCTURE; AMENDING SECTION 5.135 "TELECOMMUNICATIONS TOWER" TO ADD TECHNOLOGY, AND REGISTRATION SECTIONS, SETBACK, CONSTRUCTION, SCREENING AND FENCING REQUIREMENTS, PROHIBIT OUTDOOR STORAGE AND COMMERCIAL MESSAGES, AMENDING THE REQUIREMENTS FOR THE REMOVAL OF TELECOMMUNICATION TOWERS, STEALTH TELECOMMUNICATION TOWERS AND STRUCTURES AND TO CREATE A DESIGN REVIEW COMMITTEE; TO AMEND SECTION 9.101, "DEFINED TERMS", TO ADD DEFINITIONS RELATING TO TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATIONS TOWERS; TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE, TO PROHIBIT TELECOMMUNICATION TOWERS AS A RESIDENTIAL USE UNDER "PUBLIC AND CIVIC USES, UTILITIES" EXCEPT FOR STEALTH TELECOMMUNICATION TOWERS BY SPECIAL EXCEPTION FOR ALL COLUMN HEADINGS "A" THROUGH "MH"; TO AMEND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE TO REFLECT WHEN TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATION TOWERS ARE PERMITTED OR REQUIRE A SPECIAL EXCEPTION FOR ALL COLUMN HEADINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 20 of 28 ZC-02-218 It appeared that the City Council, at its meeting of September 17, Ord. #15284 2002, continued the hearing for Zoning Docket No. ZC-02-218, Text Approved Amendment renaming "Scenic Preservation Commission" as Text "Scenic Preservation and Design Review Commission", expanding Amendment powers and increasing the size of the commission. Mayor Barr asked if there was anyone present desiring to be heard. Assistant City Attorney Sarah Fullenwider summarized the revisions to the text amendment. The revisions were read as follows: 1. Amend Subsection 113, Page 2, to add after "...meetings." "Wherever feasible, five of the nine appointees should be practicing professionals from the fields of architecture, landscape architecture, urban planning, real estate or law." Delete "...a representative of the telecommunications industry..." and replace with "...person with up-to-date telecommunications technology expertise..." 2. Amend Subsection 1 E2, Page 4, to add after "...approve,..." "...modify, or reject"... 3. Amend Subsection 1E3.1, Page 4, to add after "...approve,..." "...modify, or reject"...; and Subsection 1E3.2, Page 5, to add after "...approve,..." "...modify, or reject"... 4. Amend Subsection 1 E4, Page 5, to add after "...approve,..." "...modify, or reject"... 5. Amend Subsection 1G, Page 6, to delete "The applicant..." and replace with "Any aggrieved person or entity..." There being no one present desiring to be heard in connection with the Text Amendment, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, that Zoning Docket No. ZC-02-218 be approved as amended, and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 21 of 28 ORDINANCE NO. 15284 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.102 "SCENIC PRESERVATION COMMISSION" OF CHAPTER 2, "REVIEW BODIES", TO PROVIDE REVIEW OF STEALTH COMMUNICATION TOWERS, SURFACE MOUNTED ANTENNAS AND PROJECTS FOR DESIGN OVERLAY DISTRICTS; TO ADD AN APPEAL PROCESS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-02-135 It appeared that the City Council, at its meeting of September 10, SP-02-007 2002, continued the hearing of the application of B-Square Withdrawn Partnership for a change in zoning of property located at 205 Without Capps Street from "J" Medium Industrial to "PD/SU" Planned Prejudice Development/Specific Use for all uses in "J" Medium Industrial plus construction of a 9,000 square foot building on a 10,000 square foot lot, Zoning Docket No. ZC-02-135 and Site Plan No. SP- 02-007. Mayor Barr stated that a letter from the applicant had been received requesting this case be withdrawn without prejudice. There being no one else present desiring to be heard in connection with the application of B-Square Partnership, Council Member Davis made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-135 and Site Plan No. SP-02-007 be withdrawn without prejudice. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 2869 was Hearing adopted on September 17, 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 September 19, 2002. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 22 of 28 ZC-02-204 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of the City of Fort Worth for a change in zoning of property located at 3205 North Pecan Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-204, be approved. The motion carried unanimously. ZC-02-205 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth for a change in zoning of property located at 2804 Lee Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-205, be approved. The motion carried unanimously. ZC-02-206 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property located at 620 Blue Lake Drive from "A-5" One Family to "A-10" One-Family Zoning Docket No. ZC-02- 206, be approved. The motion carried unanimously. ZC-02-207 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property located at 4621 Avenue G from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-207, be approved. The motion carried unanimously. ZC-02-208 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property located at 5019 Fitzhugh Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-208, be approved. The motion carried unanimously. ZC-02-209 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 2616 East 1St Street from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-209, be approved. The motion carried unanimously. ZC-02-210 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wentworth, that the application of the City of Fort Worth for a change in zoning of property located at 5195 Erath Street from "R1" Zero Lot Line/Cluster to "A-5" One-Family, Zoning Docket No. ZC-02-210, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 23 of 28 ZC-02-211 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 659 Crawford Street from "D" High Density Multi-Family to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-211, be approved. The motion carried unanimously. ZC-02-212 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of John Stasikowski by the Palladium Group for a change in zoning of property located at 1000, 1004, 1008 and 1012 Washington Avenue from "CF" Community Facilities to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-02-212, be approved. The motion carried unanimously. ZC-02-213 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wentworth, that the application of May Street Joint Venture by the City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 304, 306, 308 and 312 West Cannon Street and 655 May Street from "ER/HC" Neighborhood Commercial Restricted/Historic and Cultural Landmark to "ER/HSE" Neighborhood Commercial Restricted/Highly Significant Endangered, Zoning Docket No. ZC- 02-213, be approved. The motion carried unanimously. ZC-02-216 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of D.R. Horton — Texas, Ltd. for a change in zoning of property located the in 12700-12800 block of Alta Vista Road from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-02-216, be approved. The motion carried unanimously. ZC-02-217 Council Member Haskin expressed concern with 4,100 square foot SP-02-019 lot size and asked that the Council consider increasing the lot size. Continued Until November 12, Mr. Jim Schell, 901 Fort Worth Club, appearing on behalf of Mr. Jim 2002 Dunaway, stated that this request was a readjustment of a 500-acre Jim Schell case that was previously approved by Council in June. He added that there are developments that have smaller sized lots and that the Dr. Janice Cooper, President of Fort Worth Independent School District was in support of the zoning change. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 24 of 28 Council Member Lane made a motion, seconded by Council Member Moss, that the application of L & S Land Company for a change in zoning of property located in the 5200-5500 block of Azle Avenue from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family with minimum lot size of 4,100 square feet and minimum lot width of 41 feet, Zoning Docket No. ZC-02-217 and Site Plan No. SP-02-019, be continued until November 12, 2002. The motion carried unanimously. ZC-02-219 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of Crawford Partners No. 2, Ltd. for a change in zoning of property located east of the 10200 block of Old Denton Road from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-02-219, be approved. The motion carried unanimously. ZC-02-220 Council Member Davis made a motion, seconded by Council SP-02-220 Member Wentworth, that the application of Kelly Capital Investors, Approved Inc. by Taylor's Rental for a change in zoning of property located at 250 University Drive and the 3100 block of Wingate/St. Juliet Street from "C" Medium Density Multi-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus retail/showroom for rental of equipment for construction, banquets, catering, and events, warehousing, and outdoor display and storage of equipment, with additional conditions, Zoning Docket No. ZC-02- 220 and Site Plan No. SP-02-220, be approved. The motion carried unanimously. ZC-02-221 Council Member Davis made a motion, seconded by Council Approved Member Wentworth, that the application of Taylor's Rental for a change in zoning of property located at 811 University Drive and 3001 West 7t" Street from "G" Intensive Commercial and "J" Medium Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-221, be approved. The motion carried unanimously. ZC-02-222 Mr. Scott Stone, 401 Exposition Avenue, Dallas, Texas, appeared Approved before Council in support of the zoning change. He stated that the Scott Stone lot would be used as parking to support the adjacent new building being constructed for the Lake Como Area Council. He added that it was his intent to preserve as many trees as possible during construction of the parking lot. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 25 of 28 Council Member Wentworth made a motion, seconded by Council Member Davis, that the application of Lake Como Area Council by Stone Lowry Architects for a change in zoning of property located at 5629 Houghton Avenue from "B" Two-Family to "E" Neighborhood Commercial, Zoning Docket No. ZC-02-222, be approved, by amending the zoning to "ER" Neighborhood Commercial Restricted. The motion carried unanimously. ZC-02-223 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Charles and Dorothy Hill by Rachel Thull for a change in zoning of property located at 709 and 715 Pennsylvania Avenue and 605 Travis Avenue from "D" High- Density Multi-Family and "G/DD" Intensive Commercial/Demolition Delay to "MU-1" Low Intensity Mixed-Use and "MU-1/DD" Low Intensity Mixed-Use/Demolition Delay, Zoning Docket No. ZC-02- 223, be approved. The motion carried unanimously. ZC-02-224 It appeared that the City Council set today as the date for a hearing Ord. #15285 for Zoning Docket No. ZC-02-224, Text Amendment regulating the Approved development of townhouses in mixed-use districts. Mayor Barr Text asked if there was anyone present desiring to be heard. Amendment Don Scott Mr. Don Scott, 1606 Mistletoe, representing Fort Worth South, Inc., appeared before Council in opposition of the zoning change. He requested this case be returned to the Zoning Commission for reconsideration for the purpose of raising the density level for "MU-1" zoning to a maximum of 24 units per acre. Fernando Costa, Planning Director, appeared before Council in and stated that staff supported Mr. Scott's recommendation. He added that "MU-1" and "MU-2" regulations allowed for a density level of 40 and 60 of apartment units per acre. However, townhomes were different because they were categorized as single-family and owned by the occupant. Ray Boothe Mr. Ray Boothe, 709-C West Magnolia Avenue, appeared before Council in support of Mr. Scott's proposal. He stated that the he was concerned with the lower density level restriction approved by the Zoning Commission; however, the proposed amendment would permit a larger density level and it was his intent that the townhome development be 20 units per acre. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 26 of 28 There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, that Zoning Docket No. ZC-02-224 be approved, by amending the "MU-1" zoning density to allow a maximum of 24 units per acre and that the following ordinance be adopted: ORDINANCE NO. 15285 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING THE PROPERTY DEVELOPMENT STANDARDS OF THE LOW INTENSITY MIXED USE ("MU-1") AND HIGH INTENSITY MIXED USE ("MU-2") DISTRICTS TO APPLY "MU-1" AND "MU-2" DEVELOPMENT STANDARDS TO TOWNHOUSES AND OTHER ONE- AND TWO-FAMILY DEVELOPMENT IN "MU-1" AND MU-2" DISTRICTS; AMENDING THE OFF-STREET PARKING REQUIREMENTS FOR TOWNHOUSES IN "MU-1" AND "MU-2" DISTRICTS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, and Davis NOES: Council Members Silcox, Moss, and Wentworth ABSENT: None ZC-02-226 It appeared that the City Council set today as the date for a hearing Ord. #15286 for Zoning Docket No. ZC-02-226, Text Amendment adopting Approved supplemental use standards for boarding houses. Mayor Barr Text asked if there was anyone present desiring to be heard. Amendment There being no one present desiring to be heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Moss, that the Zoning Hearing be closed, that Zoning Docket No. ZC-02-226 be approved, and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 27 of 28 ORDINANCE NO. 15286 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR BOARDING HOUSES; TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE AND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE TO REFLECT WHEN BOARDING HOUSES ARE PERMITTED; PROVIDNG THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDNG A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-01-1052 Council Member Davis made a motion, seconded by Council SP-01-1018 Member Wentworth, that the application of Kelly Capital Investors, Denied Without Inc. for a change in zoning of property located at 250 University Prejudice 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 plus outdoor storage and display, with additional conditions, Zoning Docket No. ZC-01-1052 and Site Plan No. SP-01-1018, be denied without prejudice. The motion carried unanimously. ZC-02-200 Ms. Rosalba Veloz, 3512 N. Elm Street, appeared before Council in Set for Special support of the zoning change. She stated that she had submitted Hearing letters from the neighborhood in support of this request and asked for favorable consideration of the zoning change. Council Member Lane made a motion, seconded by Council Member Davis, that the application of Idefonzo and Rosalba Veloz for a change in zoning of property located at 3220 Decatur Road from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-02-200, be set for a special hearing on November 12, 2002. (See Letter of Appeal). The motion carried unanimously. ZC-02-201 Mayor Pro tempore McCloud made a motion, seconded by Council Denied Member Davis, that the application of William W. Burley for a change in zoning of property located at 2265 Evans Avenue from "E" Neighborhood Commercial to "B" Two-Family, Zoning Docket No. ZC-02-201, be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 8, 2002 PAGE 28 of 28 ZC-02-203 Mayor Pro tempore McCloud made a motion, seconded by Council SP-02-017 Member Davis, that the application of Southern Crown, Inc. by Denied Vinod S. Patel for a change in zoning of property located in the 700 block of Jefferson Avenue and Elmwood Avenue from "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial plus hotel within 1,000 feet of a residential district, Zoning Docket No. ZC-02-203 and Site Plan No. SP-02-017, be denied. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15287 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 11:36 p.m.