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HomeMy WebLinkAbout2001/06/12-Minutes-City Council CITY COUNCIL MEETING JUNE 12, 2001 Date & Time On the 12th day of June, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 7:07 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. Nicholals V. Gamvas, St. Demitrius Orthodox Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of June 5, 2001, were approved unanimously. Special Council Member Lane presented an Honorary Citizenship to Presentations Mary E. Gamvas, Rye Beach, New Hampshire, daughter of Dr. Nicholas V. Gamvas. He also recognized Dr. Gamvas' mother and his brother in the audience, and presented keys to the City to Dr. Gamvas and daughter. Council Member Picht presented Certificates of Recognition to Erma Bonner Platte and Arnaldo Velez for their service on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission. He also presented a Certificate of Recognition to Debbie Reynolds-Hazen for her service on the Historic and Cultural Landmarks Commission. Council Member Lane presented a Proclamation for Chisholm Trail Round-Up Days to rusty Witt, President of the event. Mayor Pro tempore McCloud presented a Proclamation for Migration Week to Chris Aufdembrink, representing Catholic Charities, and to Phuoc Mai. Withdrawn from Council Member Moss requested that Mayor and Council Consent Agenda Communication No. P-9391 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 2 of City Manager Jackson requested that Mayor and Council Communication No. C-18620 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. OCS-1219 There was presented Mayor and Council Communication No. Claims OCS-1219 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-13265 There was presented Mayor and Council Communication No. G- Res. # 2736 13265 from the City Manager recommending that the City Increase Amount Council adopt Resolution No. 2736 authorizing the amount to Paid to Kelly, Hart be paid to Kelly, Hart and Hallman for legal services to and Hallman represent the City in the case of Elizabeth "Jay" Seymour, Pamela Denise Wright, and Patricia Hale v. B. Don Magness and the City of Fort Worth, Cause No. 352-174866-98, be increased from $400,000.00 to $465,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13266 There was presented Mayor and Council Communication No. G- Res. # 2737 13266 from the City Manager recommending that the City Increase Amount Council adopt Resolution No. 2737 authorizing the amount to Paid to Jerry Murad be paid to Jerry Murad for legal services to represent Police Officer L. W. Goodman in the lawsuit of Luis T. Hernandez et al vs. City of Fort Worth et al, Civil Action No. 4:99-CV-318-Y, be increased from $30,000.00 to $65,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13267 There was presented Mayor and Council Communication No. G- Reallocation of 13267 from the City Manager recommending that the City Funds for Council: Polytechnic Model Blocks and Contract 1. Reallocate $160,000.00 from years XXIII and XXIV With Polytechnic Community Development Block Grant (CDBG) funds for Community the Purchase/Rehab/Resale Program administered by the Development City of Fort Worth (CFW) to the Polytechnic Community Corporation Development Corporation, Inc. (PCDC) for Minor Home CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 3 of 25 Repair, Economic Development and Community Facilities, Street Signs, Program Operating Support and Housing Development Fund; and 2. Reallocate the unexpended balance of $31,622.17 for School Zone Lights (Year XXIII CDBG) to the PCDC for Program Operating Support; and 3. Reallocate $110,931.30 from the CFW New Construction Fund (1997 HOME) to the PCDC for Fort Worth Housing Finance Corporation (FWHFC) for infill housing and PCDC Housing Development Fund; and 4. Reallocate $23,784.54 in CFW Soft Second Assistance (Year XXIV CDBG) and $9,000.00 in CFW Closing Cost Assistance (Year XXIII CDBG) to the PCDC Housing Development Fund; and 5. Authorize the City Manager to: a) Enter into a contract with the PCDC to operate the minor home repair, economic development/ community facilities and housing development programs for the Polytechnic Model Blocks; and b) Authorize amendment of the contract with the FWHFC to increase the funds for infill housing for the Polytechnic Model Blocks; and c) Authorize amendment, extension, or renewal of the above contracts in accordance with City policy to meet the objectives of the Polytechnic Model Blocks; and 6. Authorize amendment of the City's Years XXIII and XXIV Annual Consolidated Plans to reflect the reallocation of funds above. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 4 of G-13268 There was presented Mayor and Council Communication No. G- Ord. # 14657 13268 from the City Manager recommending that the City Restricting Sale of Council adopt Ordinance No. 14657 amending Chapter 4 of the Alcoholic Code of the City of Fort Worth, "Alcoholic Beverages", Beverages, Revising reflecting increase in annual fee for holders of package store Fee Schedule for permits; clarifying fee for daily temporary mixed beverage Permits, and permits; repealing fee for medicinal permits effective Changing September 1, 2001; restricting sale of alcoholic beverages Measurement within 300 feet of private schools; restricting sale of alcoholic Method beverages within 1,000 feet of private schools, if requested by governing body of school; and modifying measurement method from public or private school to business selling alcoholic beverages in multistory building. Betty Harvey Ms. Betty Harvey, 4805 Brockton Ct., representing All Saints' Episcopal School, appeared before the City Council and expressed appreciation to the Council for hearing what the students were requesting in the Teen Townhall meeting and following up with appropriate legislature whereby the Council could adopt an ordinance that would prohibit the sell of alcohol near private schools. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-13269 There was presented Mayor and Council Communication No. G- MT-01-004 Master 13269 from the City Manager recommending that the City Thoroughfare Plan Council adopt the proposed amendment to the 1990 Master Amendment Thoroughfare Plan, MT-01-004, to delete the proposed Western Center Boulevard from Old Decatur Road to Bob Hanger Street, and to delete the proposed north-south minor arterial from Western Center Boulevard to W. J. Boaz Road. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13270 There was presented Mayor and Council Communication No. G- Warranty Deed for 13270 from the City Manager recommending that the City Dale Earnhardt Way Council accept a General Warranty Deed from the Fort Worth Sports Authority, Inc. for land that comprises the right-of-way for Dale Earnhardt Way. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 5 of 25 City Attorney Yett advised Council that this Mayor and Council Communication should be approved with the inclusion of the exhibit handed out in Pre-Council meeting. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted, with inclusion of exhibit. The motion carried unanimously. P-9372 There was presented Mayor and Council Communication No. P- Aerial Platform 9372, dated May 29, 2001, from the City Manager Truck recommending that the City Council authorize the purchase of one aerial platform truck from Commercial Body Corporation for the Transportation and Public Works Department based on the low bid for a cost not to exceed $113,645.00 with payment due within 30 days from receipt of the invoice. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. P-9391 There was presented Mayor and Council Communication No. P- Water Treatment 9391 from the City Manager recommending that the City Chemicals Council authorize a purchase agreement for water treatment chemicals with multiple vendors for the Water Department based on the low bid of unit prices provided by the primary and secondary vendors meeting specifications, freight is included in the unit price and payment is due 30 days from receipt of the invoice; reject bids received for Item 15 (Polymer); and authorize this agreement to begin June 12, 2001, and expire June 11, 2002, with options to renew for two additional one- year periods with the exception of Items 7 and 8 to expire in one year with no renewal options. Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P- 9391 be approved with the exception of Item 7, which would be continued for one week. The motion carried unanimously. P-9392 There was presented Mayor and Council Communication No. P- OEM Compatible 9392 from the City Manager recommending that the City Automotive Air Council authorize a purchase agreement for OEM (original Conditioning Parts equipment manufacturer) compatible automotive air conditioning parts with Chandlers Auto Parts for the City Services Department; prices will be based on the best discount of Jobber's list price, less the discounts as listed on the bid CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 6 of tabulation; payment is due 30 days from the date the invoice is received; with City taking ownership at the City's facilities, freight is not charged, and authorize this agreement to begin June 12, 2001, and expire June 11, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9393 There was presented Mayor and Council Communication No. P- Vehicle Detector 9393 from the City Manager recommending that the City Loop Wire Sealant Council authorize purchase agreements for vehicle detector loop wire sealant with multiple vendors for the Transportation and Public Works Department, Lights and Signal Division, based on the low bid by line item, with payment due 30 days from the date of the invoice and authorize this agreement to begin June 12, 2001 and expire June 11, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9394 There was presented Mayor and Council Communication No. P- OEM Lectric Lites 9394 from the City Manager recommending that the City Light Bars and Parts Council authorize a purchase agreement for OEM (original equipment manufacturer) Lectric Lites light bars and parts with United Rentals Highway Technologies, L.P. for the City Services Department. Prices will be based on the best discount of Jobber's list price less discounts. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's facilities, freight is not charged, andauthorize this agreement to begin June 12, 2001, and expire June 11, 2002, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. L-13071 There was presented Mayor and Council Communication No. L- Acquisition of 13071 from the City Manager recommending that the City Residential Property Council authorize the acquisition of a single-family residence for Meacham Airport (Parcel No. 625), located at 3413 Clinton Avenue, Fort Worth, Mitigation Program Texas, from the estate of Victoria B. Ozuna Rodriguez, for the Meacham International Airport Mitigation Program (DOE 3138); find that the price offered in the amount of $44,500.00 is just compensation; and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 7 of 25 L-13072 There was presented Mayor and Council Communication No. L- Permanent 13072 from the City Manager recommending that the City Waterline Easement Council approve the acceptance of one permanent waterline easement described as A-649, Sam Huff Survey, Tarrant County, Texas, from Keller Joint Venture (DOE 3173) necessary for the construction and maintenance of a waterline to extend service to Caylor Road, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13073 There was presented Mayor and Council Communication No. L- Permanent Utility 13073 from the City Manager recommending that the City and Right-of-Way Council approve the acceptance of four permanent utility Easements easements and two permanent right-of-way easements described as A-1711 and A-267, F. Cuella Survey; A-265, J. Chirino Survey; and Lot 1, Block 2, Alliance Gateway North Addition from AIL Investments, LP (DOE 2501, 3173, 3201, and 3329) necessary for the construction and maintenance of utilities to serve the property and surrounding areas located on Henrietta Creek, for a total cost of $6.00. It was the consensus of the City Council that the recommendation be adopted. L-13074 There was presented Mayor and Council Communication No. L- Lease Office Space 13074 from the City Manager recommending that the City — 2509 Merrick Council authorize the City Manager to execute a lease Street extension with Tracy L. Kobs, Robert W. Dowling, and Emily Dowling for office space located at 2509 Merrick Street for a Neighborhood Policing District Headquarters at a cost of $39,600.00 per year and approve the lease extension term of one year beginning June 1, 2001, and expiring May 31, 2002. It was the consensus of the City Council that the recommendation be adopted. L-13075 There was presented Mayor and Council Communication No. L- Park Dedication 13075 from the City Manager recommending that the City from Bill H. Council accept the park dedication of 2.22 acres of land Bowerman described as Lot 1, Block 12, W. W. Wheat Survey, Abstract 1646, City of Fort Worth, from Bill H. Bowerman, Trustee, for Trail Lake Estates. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 8 of PZ-2301 There was presented Mayor and Council Communication No. Annexation of PZ-2301 from the City Manager recommending that the City 1,533.2 Acres of Council institute annexation of 1,533.2 acres (2.4 square miles) Various Surveys of land, more or less, out of the C. C. Pace Survey, Abstract No. 1245, the Benjamin Thomas Survey, Abstract No. 1497, the W. Thompson Survey, Abstract No. 1559, the G. T. Walters Survey, Abstract No. 1696, the R. Whitley Survey, Abstract No. 1672, the J. N. Reed Survey, Abstract No. 1362, the J. A. Gill Survey, Abstract No. 570, the Thomas Hicks Survey, Abstract No. 1818, the T&PRR Co. Survey, Abstract No. 1568, the MEP&PRR Co. Survey, Abstract No. 1138, the S.C.T. Ford Survey, Abstract No. 531, and the W. E. Boswell Survey, Abstract No. 1852, Tarrant County, Texas, and continue annexation of the property to June 19, 2001. Mike Conrads The following individuals appeared in support of Council Bryan Holland instituting the annexation proceedings, but requesting that the Jim Schell adoption of the annexation ordinance be delayed for one week: Mike Conrads, representing Realty Capital Corporation, 1111 S. Main Street, Grapevine Bryan Holland, representing Realty Capital Corporation, 1111 S. Main Street, Grapevine Jim Schell, representing J & P Bonds, 901 Fort Worth Club Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, as amended, with the deletion of the last sentence of Paragraph 1 under the Discussion section. The motion carried unanimously. C-18613 There was presented Mayor and Council Communication No. C- MCI Metro Access 18613 from the City Manager recommending that the City Transmission Council authorize the City Manager to execute a Public Right- Services, LLC of-Way Use Agreement with MCI Metro Access Transmission Services, LLC. It was the consensus of the City Council that the recommendation be adopted. C-18614 There was presented Mayor and Council Communication No. C- Extend CSC # 23885 18614 from the City Manager recommending that the City — Mitchell Blvd. Council: Development Corporation CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 9 of 25 1. Authorize the City Manager to extend City Secretary Contract (CSC) No. 23885, as amended by CSC Nos. 26058 and 24607, with the Mitchell Boulevard Development Corporation (MBDC) Inc., for one year from the date of execution of the contract amendment; and 2. Authorize the reallocation of $31,600.00 in Year XXII Community Development Block Grant Funds, previously contracted with the MBDC for their Exterior Home Beautification Matching Grant fund, to program support; and 3. Authorize the City Manager to extend the contract with the MBDC, if they request an extension; and 4. Authorize amendment of the contract, if necessary, to achieve project goals, provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. C-18615 There was presented Mayor and Council Communication No. C- Texas Christian 18615 from the City Manager recommending that the City University Council authorize the City Manager to enter into a standard consent agreement with Texas Christian University authorizing use of the right-of-way to install conduits under the 2900 Block of South University Drive. It was the consensus of the City Council that the recommendation be adopted. C-18616 There was presented Mayor and Council Communication No. C- Performing Arts Fort 18616 from the City Manager recommending that the City Worth Council authorize the City Manager to enter into a standard consent agreement with Performing Arts Fort Worth authorizing the installation of canopies and pylon signs for Maddox Muse Center. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 10 of C-18617 There was presented Mayor and Council Communication No. C- Ord. # 14658 18617 from the City Manager recommending that the City Change Order# 1 - Council: CSC # 26281 — Peachtree 1. Authorize the City Manager to transfer $65,425.00 from Construction the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $49,068.75 and the Sewer Capital Project Fund in the amount of $16,356.25; and 2. Adopt Appropriation Ordinance No. 14658 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $49,068.75 and in the Sewer Capital Project Fund in the amount of $16,356.25 from available funds for the purpose of funding Change Order No. 1 to HMAC Surface Overlay 2000-6 at various locations; and 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 26281 with Peachtree Construction in the amount of $130,850.00 to provide for adjustments in quantities of pay items, thereby increasing the total contract amount to $810,431.50. It was the consensus of the City Council that the recommendation be adopted. C-18618 There was presented Mayor and Council Communication No. C- Ord. # 14659 18618 from the City Manager recommending that the City TxDOT Council: 1. Adopt Appropriation Ordinance No. 14659 increasing the estimated receipts and appropriations in the Street Improvement Fund in the amount of $10,982.56 from available funds for the purpose of funding an agreement with the Texas Department of Transportation (TxDOT) for the furnishing of traffic signal equipment; and 2. Authorize the City Manager to execute an agreement with TxDOT for the furnishing of traffic signal equipment by the City at North Tarrant Parkway/Riverside Drive and North Tarrant Parkway/Park Vista Boulevard. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 11 of 25 C-18619 There was presented Mayor and Council Communication No. C- Ord. # 14660 18619 from the City Manager recommending that the City Burleson Utilities, Council: Inc. 1. Authorize the transfer of $370,230.30 from the Water and Sewer Operating Funds to the Water Capital Project Fund in the amount of $202,563.67 and the Sewer Capital Project Fund in the amount of$167,666.63; and 2. Adopt Appropriation Ordinance No. 14660 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $202,563.67 and in the Sewer Capital Project Fund in the amount of $167,666.63 from available funds for the purpose of funding a contract with Burleson Utilities, Inc. for Water and Sewer Replacement Contract 98BB; and 3. Authorize the City Manager to execute a contract with Burleson Utilities, Inc. in the amount of $329,093.60 and 85 working days for Water and Sewer Replacement Contract 98BB. It was the consensus of the City Council that the recommendation be adopted. C-18620 There was presented Mayor and Council Communication No. C- Change Order No. 1 18620 from the City Manager recommending that the City — CSC # 26424 — Council authorize the City Manager to execute Change Order Duininck Brothers, No. 1 to City Secretary Contract No. 26424 with Duininck Inc. Brothers, Inc. in the amount of $22,076.23 for additional work and increased quantities for construction of Taxiway Kilo "K" at Meacham International Airport, thereby increasing the contract amount to $234,252.28. City Manager Jackson advised Council that the Discussion section needed to be amended to add the following language: Duinick Brothers, Inc. is in compliance with the City's M/WBE Ordinance by committing to an additional 18 percent DBE participation on this change order No. 1. Council Member Lane made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C- 18620 be approved, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 12 of C-18621 There was presented Mayor and Council Communication No. C- Teague Nall and 18621 from the City Manager recommending that the City Perkins Council authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc. to prepare plans and specifications for water and sewer extension for the Lake Crest Estates area (Annexation A-00-18) for a fee not to exceed $428,383.00. It was the consensus of the City Council that the recommendation be adopted. C-18622 There was presented Mayor and Council Communication No. C- Ord. # 14661 18622 from the City Manager recommending that the City Ord. # 14662 Council: DMJM Aviation 1. Adopt Appropriation Ordinance No. 14661 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $12,910.00 from available funds for the purpose of funding Amendment No. 1 for an engineering agreement with DMJM Aviation for review of preliminary engineering report and facility recommendations for Runway 16L/34R at Fort Worth Meacham International Airport; and 2. Authorize the transfer of $12,910.00 from the Capital Projects Reserve Fund to the Aviation Improvements Capital Projects Fund; and 3. Adopt Appropriation Ordinance No. 14662 increasing the estimated receipts and appropriations in the Aviation Improvements Capital Projects Fund in the amount of $12,910.00 from available funds for the purpose of funding Amendment No. 1 for an engineering agreement with DMJM Aviation for review of preliminary engineering report and facility recommendations for Runway 16L/34R at Fort Worth Meacham International Airport. 4. Authorize the City Manager to execute Amendment No. 1 with DMJM Aviation for an Engineering Report and Facility Recommendation for Runway 16L/34R at Fort Worth Meacham International Airport in the amount of $12,910.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 13 of 25 C-18623 There was presented Mayor and Council Communication No. C- Change Order No. 3 18623 from the City Manager recommending that the City — CSC # 26208 - Council authorize the City Manager to execute Change Order Archer Western No. 3 to City Secretary Contract No. 26208 with Archer Western Contractors, Inc. Contractors, Ltd. for Construction of the Village Creek Wastewater Treatment Plant Digester Gas Fired Turbine Generators General Construction Contract, in the amount of $341,972.54, revising the total contract cost to $2,755,900.68. It was the consensus of the City Council that the recommendation be adopted. C-18624 There was presented Mayor and Council Communication No. C- Freese & Nichols, 18624 from the City Manager recommending that the City Inc. Council authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc. for construction management and design support for the Rolling Hills Water Treatment Plant 40 MGD (million gallons per day) Facilities Upgrade, Phase I (Ozone Facilities), for a total fee not to exceed $1,557,910.00. It was the consensus of the City Council that the recommendation be adopted. C-18625 There was presented Mayor and Council Communication No. C- Humphrey and 18625 from the City Manager recommending that the City Morton Construction Council confirm the award of contract to Humphrey and Morton Company, Inc. Construction Company, Inc. for Martha Lane Channel Repairs, Sandy Lane to Station 208+00 in the amount of $212,650.30. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. Council Member Davis requested that Zoning Docket No. Z-01- 040 be moved forward on the agenda so that she could vote on this item before she would leave to catch a flight. There being no objection, Zoning Docket No. Z-01-040 was heard at this time. Z-01-040 It appeared that the City Council, at its meeting of May 8, 2001, Approved continued the hearing of the application of Trinity/Partners by H. Dennis Hopkins for a change in zoning of property located in the 5500 Block of Stuart Phelps Road from "C" Multi-Family, "E" Commercial, "G" Commercial and "I" Light Industrial to "A- CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 14 of 43" One-Family, "C" Multi-Family, "E" Commercial and "G" Commercial, Zoning Docket No. Z-01-040. Mayor Barr asked if there was anyone present desiring to be heard. Madelyn Gibbs Ms. Madelyn Gibbs, representing District 6 Alliance, 4601 Foxfire, along with Cheryl Koirtyhann and Eva Bonilla, appeared before the City Council neither supporting nor opposing the zoning, but requested that they be notified of zoning changes affecting their community. She stated that they supported the Comprehensive Plan, but expressed the need for open dialogue with the developers. H. Dennis Hopkins Mr. H. Dennis Hopkins, representing the applicant, Trinity/Partners, 6850 Manhattan Blvd., appeared before the City Council and advised that there was 353 plus acres, and a TXU right of way running through the middle of the property. He stated that they were requesting 122 lots to be developed on one-acre tracts in single-family and requested Council approval. There being no one else present desiring to be heard, Council Member Picht made a motion, seconded by Council Member Silcox, that the application of Trinity/Partners by H. Dennis Hopkins for a change in zoning of property located in the 5500 Block of Stuart Phelps Road from "C" Multi-Family, "E" Commercial, "G" Commercial and "I" Light Industrial to "A-43" One-Family, "C" Multi-Family, "E" Commercial and "G" Commercial, Zoning Docket No. Z-01-040, be approved. The motion carried by the following vote: AYES: Council Members Lane, Silcox, Moss, Picht, and Wentworth NOES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin and Davis ABSENT: None Council Member Davis excused herself from the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 15 of 25 Citizen Presentations Mr. Edward Drew, 1901 Stephenson Street, appeared before Edward Drew City Council concerning immediate home purchasing plans. Dinah Ogbondah Ms. Dinah Ogbondah, 1608 Amanda Avenue, appeared regarding the condition of the property located behind her home and requested that she be allowed to purchase the property so that she could cut down the brush and trees and clear the debris. Mayor Barr referred Ms. Ogbondah to Assistant City Manager Libby Watson. Z-00-103 It appeared that the City Council, at its meeting of March 20, Continued until 2001, continued the hearing of the application of Texas September 11, 2001 Housing & Economics Resources by H. Dennis Hopkins for a change in zoning of property located in the 4900 Block of Glen Eden from "C" Multi-Family and "F" Commercial to "A-5" One- Family, Zoning Docket No. Z-00-103. Mayor Barr advised Council that there was a letter submitted requesting that this application be continued until the September 11, 2001, City Council hearing. He asked if there was anyone present desiring to be heard. There being no one else desiring to be heard, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Texas Housing & Economics Resources by H. Dennis Hopkins for a change in zoning of property located in the 4900 Block of Glen Eden from "C" Multi-Family and "F" Commercial to "A-5" One-Family, Zoning Docket No. Z-00-103, be continued until September 11, 2001. The motion carried unanimously. Z-01-023 It appeared that the City Council, at its meeting of May 8, 2001, Approved continued the hearing of the application of TXU Electric Co., by H. Dennis Hopkins for a change in zoning of property located in the 7500-7800 Blocks of Calmont Avenue from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for all uses in "G" Commercial except bars; taverns; cocktail lounges; clubs, private or teen; gambling facilities, including bingo; sexually oriented business; shooting or weapons firing ranges; swimming pools; stables, commercial, riding or rodeo arenas; and drive in theaters and waiver of site plan recommended, Zoning Docket No. Z-01-023. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 16 of Council Member Moss informed Council that he had a conflict, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. There being no one else present desiring to be heard, Council Member Silcox made a motion, seconded by Council Member Lane, that the application of TXU Electric Co., by H. Dennis Hopkins for a change in zoning of property located in the 7500- 7800 Blocks of Calmont Avenue from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for all uses in "G" Commercial except bars; taverns; cocktail lounges; clubs, private or teen; gambling facilities, including bingo; sexually oriented business; shooting or weapons firing ranges; swimming pools; stables, commercial, riding or rodeo areas; and drive in theaters and waiver of site plan recommended, Zoning Docket No. Z-01-023, be approved. Council Member Haskin made a substitute motion to approve this application, but with a site plan required. The motion died for lack of a second. Council Member Haskin excused herself from the table at this time. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, and Wentworth NOES: None ABSENT: Council Members Haskin and Davis NOT VOTING: Council Member Moss Regular Zoning It appeared to the City Council that Resolution No. 2725 was Hearing adopted on May 15, 2001, 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 May 24, 2001. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 17 of 25 Robert H. Voelker Mr. Robert H. Voelker, 700 E. Sandy Lake Road, Suite 146, Coppell, appeared in favor of Simon Joint Ventures, requested zoning change, Zoning Docket No. Z-01-037. Z-01-037 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of Simon Joint Ventures by Deen-Fort Worth Associates L.P. for a change in zoning of property located at 3700 Deen Road from "K" Heavy Industrial to "CR" Multi-Family, Zoning Docket No. Z-01-037, be approved. The motion carried unanimously. Z-01-051 It appeared to the City Council that Resolution No. 2725 was Ord. # 14663 adopted on May 15, 2001 setting today as the date for the Approved hearing in connection Zoning Docket No. Z-01-051, Text Amendment 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, Section 8.101, "Violations and Penalties", to provide minimum fines for persons with multiple convictions for violation of the Zoning Ordinance within a three-year period. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else desiring to be heard in connection with the Text Amendment 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, Section 8.101, "Violations and Penalties", to provide minimum fines for persons with multiple convictions for violation of the Zoning Ordinance within a three-year period, Council Member Moss made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-01-051, be approved and that the following ordinance be adopted: ORDINANCE NO. 14663 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, SECTION 8.101, "VIOLATIONS AND PENALTIES", TO PROVIDE MINIMUM FINES FOR PERSONS WITH MULTIPLE CONVICTIONS FOR VIOLATION OF THE ZONING ORDINANCE WITHIN A THREE-YEAR PERIOD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 18 of Z-01-053 Council Member Wentworth made a motion, seconded by Continued until Mayor Pro tempore McCloud, that the application of Realty June 19, 2001 Capital Corporation for a change in zoning of property located South of Bonds Ranch Road and West of U.S. Business 287 from "Unzoned" to "PD/SU" Planned Development/Specific Use for mixed use residential and commercial and site plan required, Zoning Docket No. Z-01-053, be continued until June 19, 2001. The motion carried unanimously. SP-01-011 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of The Academy at Waterchase for a change in the Site Plan on property located at 8990 Creek Run Road, amendment for "PD 334" to utilize a previous maintenance facility as a dormitory, Site Plan No. SP- 01-011, be approved. The motion carried unanimously. Z-01-054 Mayor Pro tempore McCloud made a motion, seconded by Approved Council Member Silcox, that the application of Margie Robinson Norman by T. David Skinner for a change in zoning of property located in the 1200 Block of Oak Grove Road (SW Corner of FM 1187), from "B" Two-Family and "C" Multi-Family to "B" Two-Family and "E" Commercial, Zoning Docket No. Z- 01-054, be approved. The motion carried unanimously. Z-01-055 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of Paul T. Sullivan by Genesis Homes for a change in zoning of property located in the 2400 Block of Cooks Lane (Dottie Lynn Pkwy), from "E" Commercial to "A-5" One-Family, Zoning Docket No. Z-01-055, be approved. The motion carried unanimously. Z-01-056 Council Member Picht made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Hulen Park Ventures, LLC. for a change in zoning of property located at 4432 Pebblestone Drive from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. Z-01-056, be approved. The motion carried unanimously. Z-01-057 Council Member Silcox made a motion, seconded by Mayor Pro Approved tempore McCloud that the application of Texas Christian University by Willett R. Stallworth for a change in zoning of property located at 3572 Bellaire Drive from "C" Multi-Family to "CF" Community Facilities, Zoning Docket No. Z-01-057, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 19 of 25 Council Member Haskin assumed her chair at the Council table at this time. Z-01-065 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 6472 E. Lancaster Avenue from "I" Light Industrial to "I/HC" Light Industrial/Historic and Cultural Landmark, Zoning Docket No. Z-01-065, be approved. The motion carried unanimously. Z-01-066 Mayor Pro tempore McCloud made a motion, seconded by Approved Council Member Silcox, that the application of City of Fort Worth Historic & Cultural Landmarks Commission for a change in zoning of property located at 658 Page/2315 College Avenue (E.M. Daggett Elementary) from "B" Two-Family to "B/HC" Two- Family/Historic and Cultural Landmark, Zoning Docket No. Z- 01-066, be approved. The motion carried unanimously. Z-01-067 Council Member Silcox made a motion, seconded by Council Approved Member Picht, that the application of Fort Worth Osteopathic Hospital dba Osteopathic Medical Center for a change in zoning of property located in the 7400 Block of Oakmont Boulevard from "G" Commercial to "C" Multi-Family, Zoning Docket No. Z-01-067, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, and Wentworth NOES: Council Member Haskin ABSENT: Council Member Davis Z-01-068 Council Member Haskin made a motion, seconded by Council SP-01-012 Member Moss, that the application of Marci and Merrick McMains by Approved Grover McMains for a change in zoning of property located at 1417 8th Avenue (1418 Harley) from "E/HC" Commercial/Historic and Cultural Landmark, "C/HC" Multi-Family/Historic and Cultural Landmark, and "E" Commercial to "PD/SU/HC" Planned Development/Specific Use/Historic and Cultural Landmark for a bed and breakfast hotel, Zoning Docket No. Z-01-068 and Site Plan No. SP-01-012, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 20 of Z-01-070 Council Member Wentworth made a motion, seconded by Approved Council Member Silcox, that the application of 607 & Marcreek Farms Joint Ventures by James R. Harris Co. for a change in zoning of property located in the 6800 Block of Bob Hanger across to 6800 Old Decatur Road from "C" Multi-Family and "E" Commercial to "PD" Planned Development/Residential for all uses in "R1" limited to a density of six residential units per acre, and site plan required, Zoning Docket No. Z-01-070, be approved. Bob Riley, Director of Development Department, appeared and advised Council that a portion of Zoning Docket No. Z-01-070 was recommended for denial at the request of the applicant. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, 607 & Marcreek Farms, appeared before the City Council and explained that part of the compromise was making this a PD/SU Zoning to allow all uses in "R1" with protective limitations. Carl Piccolo Mr. Carl Piccolo, 5550 Northfield, President of Marine Creek Hills Association, appeared and advised Council that the neighborhood was in favor of the compromise settlement reached with the developer. The motion carried unanimously. Council Member Haskin inquired whether this small piece of triangular property on Zoning Docket No. Z-01-071 adjoined the mobile home park and Council Member Moss informed her that it did. Z-01-071 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of 820/Martin Development by James W. Schell for a change in zoning of property located at 5000-5200 East Loop 820S (Service Road) from "C" Multi- Family to "MH" Manufactured Housing, Zoning Docket No. Z- 01-071, be approved. The motion carried unanimously. Z-01-002 Council Member Haskin made a motion, seconded by Council Denied Without Member Wentworth, that the application of Sam Timmons by Prejudice/Withdrawn Huitt-Zollars, Inc. for a change in zoning of property located in the 3300 Block of White Settlement Road from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-01-002, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 21 of 25 Chris Bonilla Mr. Chris Bonilla, 3204 S Main, representing the applicant, Fred C. & Emma E. Alvarado, appeared in support of the requested zoning change of property located at 2620 NW 32nd Street from "B" Two-Family to "E" Commercial, Zoning Docket No. Z-01- 012, and presented a petition of supporters. Z-01-012 Council Member Lane made a motion, seconded by Council Denied Member Silcox, that the application of Fred C. and Emma E. Alvarado by C. R. Bonilla for a change in zoning of property located at 2620 NW 32nd Street from "B" Two-Family to "E" Commercial, Zoning Docket No. Z-01-012, be denied. See Letter of Appeal. The motion carried unanimously. Z-01-017 Council Member Moss made a motion, seconded by Council Withdrawn Without Member Haskin, that the application of City of Fort Worth Prejudice Planning Department for a change in zoning of property located at Lake Arlington, from "B" Two-Family, "C" Multi-Family, "E" Commercial, "FR" Restricted Commercial, and "I" Light Industrial to "A-5", "A-7.5" and "A-10" One-Family, Zoning Docket No. Z-01-017, be withdrawn without prejudice: Attachment —Z-01-017 — Lake Arlington Tract 7 3900-4000 Block of Casa Loma Terrace 5800-6000 Block of Eastland Street 5800-6000 Block of Grayson Street 5800-6000 Block of Montague Street 5800-6000 Block of Baylor Street Tract 12 5700-6500 Willbarger Road 3800-4300 Block of S. Cravens Road 5800-5900 Block of Oakdale Drive 5700-5900 Block of Whittlesey Road 4200-5900 Block of E Loop 820 S 5700-5900 Block of Wilkes Drive 5700-5900 Block of Asbury Avenue Tract 13 5700-6500 Willbarger Road 3800-4300 Block of S. Cravens Road 5700-5900 Block of Whittlesey Road Tract 14 3800-4300 Block of S. Cravens Road 5700-5900 Block of Whittlesey Road CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 22 of Tract 21 4200-5900 Block of E. Loop 820 S Tract 25 5400-5700 Block of Vesta Farley Road 5500-5700 Block of Kaltenbrun Road 4700 Block of Lake Park Drive 4700 Block of Michelle Drive Harry McDaniels The following individuals appeared in support of the proposed Gloria McDaniels denial of Zoning Docket No. Z-01-017: Amelia Rodriguez Vaughn Bailey Harry McDaniels 3630 Avenue I Gloria McDaniels 3630 Avenue I Amelia Rodriguez 5933 Wilbarger St. Vaughn Bailey 3340 Camp Bowie Boulevard Ms. Vanessa Boling, Director of Human Relations, appeared and advised Council that Messrs. Jose Cruz and Manuel Cordero's properties were not included in the zoning case and staff provided them with information and they had left the meeting. Jo Ellen Mathews Ms. Jo Ellen Mathews, 5729 Wilbarger, appeared and advised Council that much of their neighborhood had changed over to commercial and industrial and she was in favor of the area remaining single family. The motion carried unanimously. Z-01-032 It appeared that the City Council, at its meeting of May 15, 2001, Continued until July continued the hearing of Zoning Docket No. Z-01-032, Text 24, 2001 Amendment 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 9 to add definitions of food vendors, temporary vendors, and transient vendors, amending Section 5.406 to establish regulations concerning temporary vendors, amending the Residential District Use Table in Section 4.603 to add vendor, transient as a use by right under temporary uses starting with the A-43 District, amending the Non-Residential Use Table in Section 4.603 to add mobile vendors under the temporary uses, to exempt all events/activities/festivals approved by the Board of Adjustment under Section 5.400 of the Zoning Ordinance entitled "Amusement, Outdoor (Temporary)", all events/activities/festivals approved by City CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 23 of 25 Council, and all events/activities/festivals open to the public for the purpose of providing entertainment, food and/or sales of merchandise that last no longer than three days. Mayor Barr asked if there was anyone present desiring to be heard. Vicki Bargas Ms. Vicki Bargas, 301 E. Drew, appeared and requested Council consider some type of regulation of food vendors. There being no one else desiring to be heard in connection with the Text Amendment 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 9 Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that Zoning Docket No. Z-01-032, be continued until July 24, 2001. The motion carried unanimously. Z-01-070 It appeared that the City Council, at its meeting of May 15, 2001, Denied continued the hearing of Zoning Docket No. Z-01-070, application of 607 & Marcreek Farms Joint Ventures by James R. Harris Co. for a change in zoning of property located in the 6800 Block of Bob Hanger across to 6800 Old Decatur Road from "A-5" One-Family to "R1" Residential, Zoning Docket No. Z-01-070. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard, Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of 607 & Marcreek Farms Joint Ventures by James Schell for a change in zoning of property located in the 6800 Block of Bob Hangar across to 6800 Old Decatur Road from "A-5" One-Family to "R1" Residential, Zoning Docket No. Z-01-070, be denied. The motion carried unanimously. Z-01-047 It appeared that the City Council, at its meeting of May 8, 2001, Continued until July set today as the date for a special hearing concerning 10, 2001 application of Henry Rahmani by PCC Consulting Engineers, Inc. for a change in zoning of property located in the 9200 Block of Crowley Road and 2100 Block of Cunningham Road from "AG" Agricultural and "J" Medium Industrial to "A-5" One- Family. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 Page 24 of J. W. Sellers Mr. J. W. Sellers, 19 Legend Road, appeared before Council and stated that he and Mr. Rahmani had a verbal agreement regarding the setback of his property; but since he did not have a written agreement, he was opposed to this zoning Barbara Coyle Ms. Barbara Coyle, 1825 Woodhall Way, appeared and expressed opposition to the application of Henry Rahmani by PCC Consulting Engineers, Inc. There being no one else present desiring to be heard in connection with the application of Henry Rahmani by PCC Consulting Engineers, Inc. for a change in zoning of property located in the 9200 Block of Crowley Road and 2100 Block of Cunningham Road from "AG" Agricultural and "J" Medium Industrial to "A-5" One-Family, Council Member Picht made a motion, seconded by Council Member Silcox, that the special hearing for Zoning Docket No. Z-01-047, be continued until July 10, 2001. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 12, 2001 PAGE 25 of 25 ORDINANCE NO. 14664 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 9:02 p.m. - t/Lc�Jt CITY SEC ETARY MAYOR