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HomeMy WebLinkAbout2002/12/10-Minutes-City Council CITY COUNCIL MEETING DECEMBER 10, 2002 Date & Time On the 10th day of December, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:05 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, and Jeff Wentworth; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Pro tempore McCloud and Council Member Davis were temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Mike Marshall, First United Methodist Church of Fort Worth. 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 December 3, 2002, were approved unanimously. Mayor Pro tempore McCloud assumed his chair. Special Council Member Lane and Ms. Shirley Ehrle presented Fire Chief Presentations Charles Gaines with a framed print of Ms. Ehrle's original painting tribute to firefighters after the September 11, 2001 terrorist attack. Mr. Lane stated that anyone interested in obtaining a copy of the print should contact his office. Mayor Pro tempore McCloud presented a Certificate of Recognition to Frank Giles for his service on the Historic and Cultural Landmarks Commission. Announcements Council Member Picht introduced Mr. Anthony Butorac who was shadowing Mr. Picht's aide for the day. Mr. Picht stated that Mr. Butorac addressed Council on the need for a skateboard park in the City and thought it would be a good experience to have him observe how the City operates. Mayor Pro tempore McCloud referenced a letter to Council from a National League of Cities official who commented favorably on Fort Worth's After School programs. Continued/ City Attorney Yett requested that Mayor and Council Withdrawn By Communication No. PZ-2438 be continued until January 7, 2003. Staff CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 2 of 19 Council Member Davis assumed her chair. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Council Member Silcox, to appoint Mrs. Keith R. Reardon to Place 2 on the Library Advisory Board, effective December 10, 2002, and with a term expiring October 1, 2004. The motion carried unanimously. Res. #2898 There was presented Resolution No. 2898 by the City Council Reappointment reappointing Mr. Michael Auping to Place 2, Mr. Albert Komatsu to of Michael Place 4, Ms. Janet Tyson to Place 6, and Mr. Bill Runyon to Place 8 Auping, Albert to the Fort Worth Art Commission, effective December 10, 2002, Komatsu, Janet and with terms expiring September 30, 2004. Council Member Tyson & Bill Silcox made a motion, seconded by Council Member Davis, that Runyon to FW the recommendation be adopted. The motion carried unanimously. Art Commission Ord. #15357 There was presented Ordinance No. 15357 providing for the General Purpose issuance of General Purpose Refunding Bonds, Series 2002-A, in Refunding an aggregate principal amount not in excess of $50,000,000.00, Bonds, Series bearing interest at the rates hereinafter set forth, and providing for 2002-A the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity; and ordaining other matters relating to the subject. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Mayor Barr stated that petitions calling for an election prior to issuance of certificates of obligation were delivered to the City Secretary's office prior to the consideration of this item by the City Council. The Office of the City Secretary was in the process of reviewing the petitions to determine whether the petitions had been signed by at least five percent of qualified voters who reside in the City of Fort Worth. No action on this item would be taken at this time. Under the Certificate of Obligation Act, if a petition signed by at least five percent of the qualified voters of the City protesting the issuance of the certificates of obligation was timely submitted to the City, the certificates of obligation could not be issued unless the issuance was approved at an election held for such purpose. A special meeting of the City Council had been CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 3 of 19 posted for Friday, December 13, 2002, at 3:30 p.m. The meeting would be held in the City Council Chamber, at which time the City Secretary would announce her findings regarding the petitions. The City Council would decide what further action it would take regarding this item. Delayed Until There was presented an ordinance by the City Council providing December 13, for the issuance of City of Fort Worth, Texas Combination Tax and 2002 Revenue Certificates of Obligation, Series 2002-A (Convention Center Hotel Project) in an aggregate principal amount not in excess of $160,000,000.00; providing for the levy, assessment and collection of tax sufficient to pay the interest on said certificates of obligation and to create a sinking fund for the redemption thereof at maturity; pledging certain revenues in support of said certificates; and ordaining other matters relating to the subject. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be delayed until December 13, 2002. The motion carried unanimously. OCS-1321 There was presented Mayor and Council Communication No. OCS- Claims 1321 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-13821 There was presented Mayor and Council Communication No. G- Appoint Sonyia 13821 from the City Manager recommending that the City Council Byrd as Civil confirm the appointment of Sonyia Byrd as a member of the Service Firefighters' and Police Officers' Civil Service Commission to fill Commissioner the unexpired term of former member, Marla Lee. It was the consensus of the City Council that the recommendation be adopted. G-13822 There was presented Mayor and Council Communication No. G- 2003 State 13822 from the City Manager recommending that the City Council: Legislative Program 1. Adopt the 2003 State Legislative Program; and 2. Authorize and direct the City Manager to distribute copies of the City's State Legislative Program to members of the Texas Legislature, to other cities, and to other interested individuals; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 4 of 19 3. Authorize and direct appropriate City officials to send letters of support or to meet with state officials to discuss the City's position on certain pieces of legislation as outlined in the program. Several Council Members stated that although they supported the legislative program, they nonetheless wanted the opportunity to voice their various concerns about some of the program's priorities before the vote was taken. They specifically noted issues related to use of voice analysis; whistleblower statute; photo equipment at intersections; civil service act, and foreclosing on property. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. P-9719 There was presented Mayor and Council Communication No. P- Ornamental 9719 from the City Manager recommending that the City Council Street Lights authorize a purchase agreement with Dealers Electrical Supply Company for ornamental street lights for the Transportation and Public Works Department based on the low bid meeting specifications with freight included in the unit cost and payment due 30 days after receipt of the invoices; and authorize this agreement to begin December 10, 2002, and expire on December 9, 2003, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9720 There was presented Mayor and Council Communication No. P- Pickup Trucks 9720 from the City Manager recommending that the City Council authorize the purchase of two pickup trucks from Lawrence Marshall Dealerships for the City of Fort Worth at a total cost not to exceed $47,569.00 with payment due within 30 days of the date of the invoice and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9721 There was presented Mayor and Council Communication No. P- Police Patrol 9721 from the City Manager recommending that the City Council Vehicles authorize the purchase of police patrol vehicles from Phillpott Ford for a cost not to exceed $2,188,496.00 with payment due within 30 days of the date of the invoice and freight included in the unit price. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 5 of 19 Deputy Police Chief Pat Kneblick appeared before Council and provided a briefing on the safety status on the current fleet of Crown Victoria automobiles. She stated that out of the 505 vehicles needing upgrade kits installed, only 42 remained to be completed. She added that the 92 vehicles reflected on this M&C would come retrofitted with manufacturer's recommended modification. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. L-13445 There was presented Mayor and Council Communication No. L- Disposal of 13445, dated November 12, 2002, from the City Manager Surplus Right- recommending that the City Council concur with the state's plan to of-Way dispose of right-of-way which lies within the city limits of Fort Worth, Tarrant County, on Interstate Highway 30 at Photo Street, in accordance with the established laws and regulations of the State of Texas. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13464 There was presented Mayor and Council Communication No. L- Lease Office 13464 from the City Manager recommending that the City Council Space authorize the City Manager to execute a lease agreement with Block 76/81 Partners, L.P. for approximately 255 square feet of office space located at 400 West 4t" Street for the Police Department at a cost of $1.00 per year; and authorize the agreement to begin December 1, 2002, and expire November 30, 2003, with automatic 12-month renewal options. It was the consensus of the City Council that the recommendation be adopted. L-13465 There was presented Mayor and Council Communication No. L- Lease Office 13465 from the City Manager recommending that the City Council Space authorize the City Manager to execute a lease agreement with Assured Business Park & Self Storage for approximately 722 square feet of office space located at 6465 East Rosedale Street, Suite 3A1, for the Police Department at a cost of $1.00 per year; and authorize the agreement to begin December 1, 2002, and expire November 30, 2003, with two 12-month renewal options. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 6 of 19 L-13466 There was presented Mayor and Council Communication No. L- Delayed Until 13466 from the City Manager recommending that the City Council: December 13, December 13, Subsequent to the sale of the Combination Tax and Revenue Certificates of Obligation (Series 2002A), Convention Center Hotel project, adopt an appropriation ordinance increasing estimated receipts and appropriations in the Hotel Development Fund in the amount of $8,500,000.00 from available funds for the purpose of funding the purchase of the downtown campus of the Tarrant County College District and for relocation expenses; and 2. Authorize the City Manager to purchase the downtown campus of the Tarrant County College (TCC) District located at 1500 Houston Street and 1400 and 1408 Throckmorton Street for $5,500,000.00 plus $3,000,000.00 for relocation expenses; and 3. Authorize the City Manager to lease back the downtown campus to the Tarrant County College District until June 30, 2003. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be delayed until December 13, 2002. The motion carried unanimously. PZ-2437 There was presented Mayor and Council Communication No. PZ- Ord. #15358 2437 from the City Manager recommending that the City Council Limited Purpose approve Ordinance No. 15358 declaring certain findings; providing Annexation of for the limited purpose annexation of a certain 1,238 acres (1.934 1,238 Acres square miles) of land, more or less, consisting of approximately Located North & 178 acres in the Alexander, Crane, Harris and Brooks Survey, East of Boat Abstract No. 55, J. A. McNutt Survey, Abstract No. 1151, S. E. Club Road & Merrell Survey, Abstract No. 1009, and J. N. Reed Survey, Abstract South of Bonds No. 1314, about 12 miles north, 34 degrees west, from the Ranch (Eagle courthouse in Tarrant County, Texas and approximately 1,060 Mountain 8W & acres in the W. E. Boswell Survey, Abstract No. 1852, D. McCarty 10) Survey, Abstract No. 1079, J. A. McNutt Survey, Abstract No. 1151, AX-02-0008 I. Reed Survey, Abstract No. 1314, J. N. Reed Survey, Abstract No. 1362, J. Simmons Survey, Abstract No. 1486, B. Thomas Survey, Abstract No. 1497, and G. T. Walters Survey, Abstract No. 1696, about 11.5 miles north, 33 degrees west, from the courthouse in Tarrant County, Texas; which territory lies contiguous to the present corporate boundary limits of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith; and adopt a regulatory plan for the area. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 7 of 19 Council Member Davis made a motion, seconded by Council Member Moss, 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 PZ-2438 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. PZ-2438, Adoption of Ordinance Annexing January 7, 2003 Approximately 7,744 Acres Located West of IH35 and North and South of U.S. Highway 287 (287 Zone), for Limited Purposes and Adopting Regulatory Plan (Annexation Case No. AX-02-0009), be continued until January 7, 2003. C-19376 There was presented Mayor and Council Communication No. C- Effective Plan 19376 from the City Manager recommending that the City Council Management, authorize the City Manager to execute a contract with Effective Inc. Plan Management, Inc. to provide group benefit consulting services for the City on a fee basis of $6,000.00 per month beginning January 1, 2003, and ending no later than December 31, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19377 There was presented Mayor and Council Communication No. C- ExxonMobil 19377 from the City Manager recommending that the City Council Pipeline authorize the City Manager to execute a reimbursement agreement Company with ExxonMobil Pipeline Company, in the amount of $164,990.07, to inspect, recondition, and extend casing pipe for two pipelines crossing the proposed improvements to North Tarrant Parkway from IH-35W to US 377. It was the consensus of the City Council that the recommendation be adopted. C-19378 There was presented Mayor and Council Communication No. C- Champagne 19378 from the City Manager recommending that the City Council Webber, Inc. authorize the City Manager to execute a contract with Champagne Texas Webber, Inc. Texas in the amount of $5,849,367.88 for West Cargo Taxiway improvements at Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 8 of 19 ZC-02-181 It appeared that the City Council, at its meeting of November 12, SP-02-014 2002, continued the hearing of the application of C & S Trailer Approved World for a change in zoning of property located at 5725, 5729, 5733 and 5737 Wilkes Drive, 5728 and 5732 Asbury Avenue from "B" Two-Family to "PD/SU" Planned Development/Specific Use for outside storage of trailers with conditions, Zoning Docket No. ZC- 02-181 and Site Plan No. SP-02-014. 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 C & S Trailer World, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-181 and Site Plan No. SP-02-014 be approved. The motion carried unanimously. ZC-02-215 It appeared that the City Council, at its meeting of November 12, SP-02-018 2002, continued the hearing of the application of Village Homes for Approved a change in zoning of property located at 3305, 3309, 3315, 3317, and 3321 West 6t Street and 715 Arch Adams Lane from "C" Medium Density Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "C" Medium Density Multi-Family with waiver of maximum density of 18 units per acre, setbacks, height and open space requirements, subject to conditions, and site plan for townhomes, Zoning Docket No. ZC-02- 215 and Site Plan No. SP-02-018. 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 Village Homes, Council Member Wentworth made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-215 and Site Plan No. SP-02-018 be approved as agreed to by the neighborhoods and the developer that the construction material would be that of brick or stucco. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. 2887 was Hearing adopted on November 19, 2002, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on November 22, 2002. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 9 of 19 ZC-02-225 Council Member Haskin stated that she had received a letter from Approved the neighborhood association stating that this case needed to be returned to the Zoning Commission for the addition of parking. Joel Vera Mr. Joel David Vera, 238 W. 12th Street, Suite F, Dallas, Texas, representing the applicant, appeared before Council and stated that he had met with the neighborhood association and agreed to submit a site plan for parking. Council Member Haskin made a motion, seconded by Council Member Lane, that the application of David Cantu for a change in zoning of property located at 1833 North Beach Street from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for office use only with "ER" development standards, and waiver of site plan recommended, Zoning Docket No. ZC-02-225, be approved, as amended, with the addition of site plan required. The motion carried unanimously. ZC-02-231 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of IPCF, L.P. by Zena GP3, L.P. for a change in zoning of property located in the 5400-5500 block of Old Decatur Road from "D" High Density Multi-Family to "CF" Community Facilities, Zoning Docket No. ZC-02-231, be approved. The motion carried unanimously. ZC-02-239 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Daniel Hopkins for a change in zoning of property located in the 8700-9800 block of Blue Mound Road from "A-5" One-Family, "R-1" Zero Lot Line/Cluster, "CR" Low Density Multi-Family, "IP" Industrial Park, "E" Neighborhood Commercial, and "I" Light Industrial to "A-5, "A-7.5" One-Family, "C" Medium Density Multi-Family and "E" Neighborhood Commercial, Zoning Docket No. ZC-02-239, be approved. Council Member Haskin requested that in the future staff provide Council with copies of multifamily zoning maps for these types of cases. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 10 of 19 ZC-02-241 It appeared that the City Council, at its meeting of November 12, Approved 2002, continued the hearing of the application of Harmon Road/287 Partners, L.P. and Orinda Capital Partners for a change in zoning of property located in the 900-1800 block of East Harmon Road from "AG" Agricultural, "IP" Industrial Park and "I" Light Industrial to "A-5" One-Family, "E" Neighborhood Commercial and "F" General Commercial, Zoning Docket No. ZC-02-241. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Haskin advised staff that the requested change in zoning was inconsistent with the comprehensive plan. There being no one else present desiring to be heard in connection with the application of Harmon Road/287 Partners, L.P. and Orinda Capital Partners, Council Member Lane made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-241 be approved. The motion carried unanimously. ZC-02-246 Council Member Silcox made a motion, seconded by Council Continued Until Member Lane, that the application of Cityview Partners, L.P. for a January 14, 2003 change in zoning of property located in the 6300-6400 block of Overton Ridge Boulevard from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for housing for elderly persons subject to "CR" development standards and provisions of Unified Residential Development site plan, and waiver of planned development site plan recommended, Zoning Docket No. ZC-02- 246, be continued until January 14, 2003. The motion carried unanimously. ZC-02-247 Council Member Davis made a motion, seconded by Council Approved Member Wentworth, that the application of Dwight Mitchell for a change in zoning of property located at 1215 and 1219 Galveston Avenue and 158 West Magnolia Avenue from "D" High Density Multi-Family and "J" Medium Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-247, be approved. The motion carried unanimously. ZC-02-248 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Conine Residential Group for a change in zoning of property located at 548, 600, 604, 608, 612, 616, 620, 624, 628 and 632 Waterchase Drive from "CR" Low Density Multi-Family to "AR" One-Family Restricted, Zoning Docket No. ZC-02-248, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 11 of 19 ZC-02-250 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3303 Northwest 24th Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-250, be approved. The motion carried unanimously. ZC-02-251 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3012 McKinley Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-251, be approved. The motion carried unanimously. ZC-02-252 Council Member Lane 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 3000 Prairie Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-252, be approved. The motion carried unanimously. ZC-02-253 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth for a change in zoning of property located at 2819 Prospect Avenue from "FR" General Commercial Restricted to "A-5" One-Family, Zoning Docket No. ZC-02-253, be approved. The motion carried unanimously. ZC-02-254 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3115 Ada Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-254, be approved. The motion carried unanimously. ZC-02-255 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth for a change in zoning of property located at 3120 Avenue K from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-255, be approved. The motion carried unanimously. ZC-02-256 Council Member Moss 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 2504 Dillard Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-256, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 12 of 19 ZC-02-257 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3121 and 3125 Millet Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-257, be approved. The motion carried unanimously. ZC-02-258 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3421 Strong Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-258, be approved. The motion carried unanimously. ZC-02-259 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 3301 Avenue C from "C" Medium Density Multi-Family to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-02-259, be approved. The motion carried unanimously. ZC-02-260 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 1525 Cannon Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-260, be approved. The motion carried unanimously. ZC-02-261 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 1511 Illinois Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-261, be approved. The motion carried unanimously. ZC-02-262 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 950 East Oleander Street from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-262, be approved. The motion carried unanimously. ZC-02-263 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of the City of Fort Worth for a change in zoning of property located at 1709 East Powell Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-263, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 13 of 19 ZC-02-264 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 1330 Stewart Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-264, be approved. The motion carried unanimously. ZC-02-265 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth for a change in zoning of property located at 4216 Fair Park Boulevard from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-265, be approved. The motion carried unanimously. ZC-02-266 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth for a change in zoning of property located at 733 West Kellis Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-266, be approved. The motion carried unanimously. ZC-02-267 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of the Fort Worth Housing Finance Corporation for a change in zoning of property located at 2504 Clinton Avenue from "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC-02-267, be approved. The motion carried unanimously. ZC-02-268 Council Member Wentworth made a motion, seconded by Council SP-02-024 Member Silcox, that the application of Christ Chapel Bible Church Approved for a change in zoning of property located at 3702 Calmont Avenue from "B" Two-Family to "PD/SU" Planned Development/Specific Use for all uses in "B" Two-Family plus church parking in accordance with site plan and church and accessory buildings, and site plan for church parking, Zoning Docket No. ZC-02-268 and Site Plan No. SP-02-024, be approved. The motion carried unanimously. ZC-02-269 Council Member Picht made a motion, seconded by Council Approved Member Davis, that the application of Realtex Ventures, Inc. for a change in zoning of property located in the 1300 block of West Everman Parkway from "R1" Zero Lot Line/Cluster Residential to "A-5" One-Family and "CF" Community Facilities, Zoning Docket No. ZC-02-269, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 14 of 19 ZC-02-270 Ms. Eva Bonilla, 7801 Grassland Road, appeared before Council in Approved opposition of the zoning change. She requested that tattoo Eva Bonilla parlors, pawnshops, and massage parlors not be allowed in the development. Tim Fleet Mr. Tim Fleet, 3613 Lovell Avenue, appeared before Council in support of the zoning change. He stated that he had reached an agreement with the neighborhood associations of the two adjacent neighborhoods to include the prohibition of tattoo parlors in the deed restrictions and requested Council's favorable consideration. After a lengthy discussion, Council Member Picht made a motion, seconded by Council Member Silcox, that the application of Columbus Trail - 94, Ltd., for a change in zoning of property located in the 5600 block of Columbus Trail from "PD-246" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with conditions to "E" Neighborhood Commercial and "PD/E" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial with restrictions, Zoning Docket No. ZC-02-270, be approved by amending the planned development relative to the remaining 18 acres to exclude tattoo and massage parlors and waiver of site plan. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht,and Wentworth NOES: Council Member Davis ABSENT: None ZC-02-272 Council Member Haskin made a motion, seconded by Council Continued Until Member Lane, that the application of John B. Sartain and Pantego January 14, 2003 Bible Church for a change in zoning of property located in the 6000-6200 block of John T. White Road and 900-1000 block of John T. White Road North from "ER" Neighborhood Commercial to "PD/E" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial with no alcohol sales allowed, and waiver of site plan recommended, Zoning Docket No. ZC-02-272, be continued until January 14, 2003. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 15 of 19 ZC-02-273 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of AIL Investments, LP for a change in zoning of property located in the 1000-2000 block of Litsey Road from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. ZC-02-273, be approved. The motion carried unanimously. ZC-02-274 Council Member Haskin made a motion, seconded by Council Approved Member Silcox, that the application of Ken Newell for a change in zoning of property located at 8100-8400 Trinity Boulevard from "PD-244" Planned Development/Specific Use for all existing zoning categories ("E" Neighborhood Commercial, "G" Intensive Commercial and "I" Light Industrial) plus sand and gravel mining subject to restrictions and conditions to "A-5" One-Family Residential, Zoning Docket No. ZC-02-274, be approved. The motion carried unanimously. ZC-02-276 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Harris Methodist Fort Worth for a change in zoning of property located at 1108 West Cannon Street and 612 South Adams Street from "CF" Community Facilities and "D" High Density Multi-Family to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-02-276, be approved. The motion carried unanimously. ZC-02-277 Mr. Jim Schell, 901 Fort Worth Club, appeared before Council on Continued for behalf of the applicant and requested this case be continued for One Week one week to complete financing details. Jim Schell Council Member Moss made a motion, seconded by Council Member Lane, that the application of Rita K. Beck, Trustee and Bryan Commercial Partners, Ltd. for a change in zoning of property located in the 13100-13400 block of South Pipeline Road from "E" Neighborhood Commercial, "FR" General Commercial Restricted and "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC- 02-277, be continued for one week. The motion carried unanimously. ZC-02-278 Council Member Lane expressed concern with uses of the rental SP-02-025 hall relative to the type of events to be held, if alcohol would be Approved allowed on the premises, and whether the neighborhood association had been contacted about the development. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 16 of 19 Louis Zapata Mr. Louis Zapata, 302 NW 20th Street, representing the applicant, appeared before Council and stated that the neighborhood association had not been contacted; however, the required notification signs had been posted. He added that the building would be used to teach music to young children and would be available to rent by local churches and organizations. He further stated that no alcohol sales would be allowed in the facility. John Garfield, representing the Development Department, stated that the zoning did not restrict the provider of the facility from having alcohol; however, that provision could be added to the zoning. Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Linacio (Nicho) Salenz for a change in zoning of property located at 700 Northwest 30th Street and 3000 and 3002 Refugio Avenue from "B" Two-Family and "E" Neighborhood Commercial to "PD/SU" Planned Development/ Specific Use for all uses in "FR" General Commercial Restricted plus a rental hall for private functions, Zoning Docket No. ZC-02- 278 and Site Plan No. SP-02-025, be approved with an addition to the PD that the owner agreed to hire local police to be on duty at the facility during the hours of operation and when alcohol is served. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth and Davis NOES: Council Member Haskin ABSENT: None ZC-02-277 Mr. W. T. Skip Leake, P. O. Box 201786, attorney for the applicant, SP-02-021 appeared before Council. He stated that this would not be an Denied extended stay property. He requested favorable consideration of Skip Leake the zoning change contingent on approval from the Texas Department of Transportation relative to curb cuts. Eunice Givens Ms. Eunice Givens, 5500 Stafford Drive, representing the Highland Hills Neighborhood Association, appeared before Council in opposition of the zoning change and requested it be denied with prejudice. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 17 of 19 Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of Regal Hospitality, LLC by Nash Patel for a change in zoning of property located at 2400 Southeast Loop 820 from "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial plus motel within 1,000 feet of a residential district, Zoning Docket No. ZC-02-277 and Site Plan No. SP-02-021, be denied. The motion carried unanimously. ZC-02-249 Council Member Davis made a motion, seconded by Mayor Pro Denied With tempore McCloud, that the application of Tom Waltz for a change in Prejudice zoning of property located at 2930 Travis Avenue from "B" Two- Family to "PD/SU" Planned Development/Specific Use for existing fourplex, and waiver of site plan requested, Zoning Docket No. ZC- 02-249, be denied with prejudice. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15359 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 18 of 19 Citizen Mr. George Vernon Chiles, 2800 Jennings, appeared before Council Presentations and voiced his opposition to Fort Worth Police arresting citizens George Chiles for failure to identify themselves. Greg Shirey Mr. Greg Shirey, 6064 Wimbleton Way, appeared before Council relative to an IT Solutions Department contract with Avizion and the audit of the contract. Blanca Castillo Ms. Blanca Castillo, P. O. Box 48434, Watauga, Texas, appeared before Council and expressed concern about the Humane Society of North Texas being unregulated. She asked Council to amend its Legislative program to include regulation of the Humane Society. Mayor Barr asked Ms. Castillo to speak with Assistant City Manager Libby Watson and that she provide a report back to Council. The following citizens appeared before Council relative to disparities in the numbers of unsolved murders and requested the creation of a Cold Case Unit to specifically work unsolved murders. Mr. Hector Carrillo 740 N. Sylvania Mr. Ernest Mackey 2700 Carnation Ms. Renee Estrada 2809 W. 5t" Street Mr. Robert Houston 6012 Club House Drive, North Richland Hills, Texas Ms. Sandy Houston 6012 Club House Drive, North Richland Hills, Texas Mr. Lee Saldivar 3937 Ryan Avenue Mr. Jamie Stuer 1527 Hemphill Before excusing himself from the Council table, Mayor Barr requested that the staff develop some next steps to reconcile the discrepancies and to provide the best information available in a format that is user friendly. Mayor Pro tempore McCloud assumed the chair. Council Member Davis asked that Council be provided with an update on the results of the Police Department's decision to dedicate existing resources towards solving these unsolved crimes rather than create a Cold Case Unit and to report . City Manager Jackson stated that the numbers would be reconciled by staff and a report provided to Council next week. He added that Police Chief Mendoza would be available next week to respond to Council concerns. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 10, 2002 PAGE 19 of 19 Council Member Lane asked that a copy of that report be provided to these citizens. Adjournment There being no further business, the meeting was adjourned at 9:18 p.m.