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HomeMy WebLinkAbout2001/08/14-Minutes-City Council CITY COUNCIL MEETING AUGUST 14, 2001 Date & Time On the 14th day of August, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 7:14 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 Bishop Isaiah Thomas, Higher Touch Fellowship Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of August 9, 2001 were approved unanimously. Special Mr. Allan Barr, Reggio Emilia Chairman for Fort Worth Sister Cities, Presentations and Mr. Dave Palmisano, Olimpiade Sports Chairman, introduced the 2001 "Olimpiade del Tricolore" Fort Worth/USA Sports Team. Mr. Barr stated that the delegation would travel to Reggio Emilia, Italy August 25, 2001 to compete in various sports events with athletes from 20 other cities worldwide. Mr. Palmisano recognized the volunteer coaches and athletes and stated that Fort Worth was the only city from the United States sending representatives to this event. Mayor Barr congratulated the delegation and stated that the City was very proud of them and that they would represent Fort Worth and the United States very well. Announcements Council Member Silcox announced a District 3 Community Forum August 28, 2001, at Monnig Middle School, 3136 Bigham Blvd., from 7:00 p.m. to 8:00 p.m. He added that various City staff members would also be at the forum and invited all interested citizens to attend. Mr. Silcox also announced that after 20 months of being closed, that the river course of the Pecan Valley Golf Course would open on August 17, 2001. Council Member Lane announced that his aide, Patsy Steele, had been released from doctor's care and would return to work next week. He thanked everyone who sent cards, prepared food, and provided support to Patsy during her recovery. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 2 of 19 Mayor Barr informed the audience on the City's redistricting process thus far. He stated that four meetings were conducted in different areas of the City to obtain citizen input and that citizens were encouraged to submit recommendations for redistricting through the availability of Citizen Guides, GIS mapping systems, and City personnel. He added that on August 9, 2001, a Redistricting Workshop was conducted to consider plans submitted by citizens and that on August 27, 2001 at 7:00 p.m. in the Council Chamber, a public hearing would be held to consider all submissions and hear proposals to retain the eight Council districts or redistrict into ten districts. He invited all interested citizens to attend the public hearing. Mayor Pro tempore requested Council consideration to hear the citizen presentations listed on the agenda regarding the Ripley- Arnold Apartments at this time. Council Member Silcox made a motion, seconded by Council Member Wentworth, that citizen presentations listed on the agenda be heard. The motion carried unanimously. Citizen The following citizens appeared before Council and expressed Presentations opposition to the sale of the Ripley-Arnold Apartments. They requested that Council rescind its support of the Fort Worth Housing Authority's proposal to demolish the complex. They requested that the residents be presented with a plan that included revitalization of the complex and other lower income residential communities and further stated that affordable housing should be made available for lower income citizens at a 20 percent to 50 percent of median income. In conclusion, they stated that relocation of citizens must take into consideration the basic needs of all citizens and then provided a signed petition from residents of the community. Ramona Utti, Ms. Ramona Utti 412 West Bluff David Barber, Mr. David Barber 6120 Trail Lake Drive Nehemiah Davis, Rev. Nehemiah Davis 2300 Timberline Drive Michael Bell, Dr. Michael Bell 3728 East Berry Vivian Wells, Ms. Vivian Wells 4220 Hawlet Street Leona Reyes Ms. Leona Reyes 414 West Belknap Donnell Ballard Mr. Donnell Ballard, 316 N. Henderson, appeared before Council in support of the relocation. He stated that there were residents who wanted to move and have better housing available. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 3 of 19 Mayor Barr thanked these citizens for their presentations and stated that the Council was committed to seeing that the Ripley- Arnold residents were treated fairly in this process and that there was a commitment to improve the quality of the residents' living conditions. He added that more information would be made available in the next few weeks regarding this issue. Mayor Pro tempore McCloud echoed Mayor Barr's comments and stated that this was not an issue about homes, but about a better quality of life for the Ripley Arnold residents. Phil Waigand Mr. Phil Waigand, 4810 Landrun Lane, Arlington, Texas, appeared before Council regarding World Run Day. He stated that the event was open to everyone and would be celebrated on the same day with 40 other international countries. He added that anyone interested in this event could access the website at www.runday.com. Withdrawn from Council Member Moss requested that Mayor and Council Consent Agenda Communication Nos. L-13112 and C-18712 be withdrawn from the consent agenda. Consent Agenda On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Ord. # 14745 Council Member Silcox introduced Ordinance No. 14745 on first Budget reading setting forth an itemized estimate of the expense of Ordinance — conduction each department, division, and Office of the Municipal First Reading of Government of the City of Fort Worth for the ensuing Fiscal Year Appropriation beginning October 1, 2001 and ending September 30, 2002, and Ordinance for appropriating money for the various funds and purposes of such 2001-2002 FY fund requirement on all outstanding general indebtedness; providing for public hearing upon this ordinance before the entire City Council sitting as a Committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for publication and final passage thereof. Council Member Lane seconded the motion, and it carried unanimously. City Attorney Yett stated that the appropriation ordinance was being introduced and that final adoption of the ordinance would come after a series of budget work sessions and the second reading of the ordinance. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 4 of 19 Ordinance City Manager Jackson introduced the proposed Ordinance levying Levying Ad Ad Valorem Taxes for 2001 based on the City Manager's estimates. Valorem Taxes for 2001 FY Budget Res. # 2761 There was presented Resolution No. 2761 recommending that the Setting Public City Council adopt the resolution setting public hearing on Hearing for proposed taxes for 2001 tax increase and providing notice of such Proposed 2001 hearing. Council Member Silcox made a motion, seconded by Tax Increase Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Res. # 2762 There was presented Resolution No. 2762 from the Dallas/Fort Approval of FY Worth (D/FW) International Airport Board recommending that the 2001-2002 City of Fort Worth approve the budget of the Dallas/Fort Worth Budget for D/FW International Airport for the fiscal year beginning October 1, 2001 Airport and ending September 30, 2002. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. OCS-1232 There was presented Mayor and Council Communication No. OCS- Claims 1232 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. OCS-1233 There was presented Mayor and Council Communication No. OCS- Res. No. 2763 1233 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2763 setting the regular zoning Zoning Hearing hearing for September 11, 2001. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13337 There was presented Mayor and Council Communication No. G- Res. # 2764 13337 from the City Manager recommending that the City Council: Employ Kelly, Hart & Hallman 1. Retain Don C. Plattsmier and the law firm of Kelly, Hart & Hallman as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in drafting an oil and gas ordinance to establish regulations for oil and gas drilling within the City limits; and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 5 of 19 2. Adopt Resolution No. 2764 fixing in advance, as far as practicable, that the sum to be paid to Kelly, Hart & Hallman shall not exceed the a total sum of $7,000.00; and 3. Authorize the City Manager to execute a Professional Services Contract with Kelly, Hart & Hallman for a sum not to exceed $7,000.00 It was the consensus of the City Council that the recommendation be adopted. G-13338 There was presented Mayor and Council Communication No. G- Ord. No. 14746 13338 from the City Manager recommending that the City Council Authorized Civil adopt Ordinance No. 14746 adjusting the total number of Service Staffing authorized Civil Service positions at each classification (rank) in in Fire Dept. the Fire Department for Fiscal Year 2000-2001; providing for the creation of one additional Battalion Chief position. It was the consensus of the City Council that the recommendation be adopted. G-13339 There was presented Mayor and Council Communication No. G- Ord. # 14747 13339 from the City Manager recommending that the City Council Amend City Sign adopt Ordinance No. 14747 amending Chapter 29 of the Code of Code the City of Fort Worth, "Signs", providing that certain types of signs are exempt from selected provisions of Chapter 29 but are subject to provisions relating to unsafe signs, temporary signs, encroachment in the right-of-way and traffic hazards; providing that directional and warning signs may be erected in the right-of- way by government agencies; permitting the erection of signs in one- and two-family residential yards within 20 feet of a driveway provided the signs are not located in the right-of-way or less than 10 feet from the street edge. Assistant City Attorney Marcella Olson stated that the Section 4 of the ordinance needed to be amended to reflect changes as follows: When the sign is within 10 feet of the back of the curb, or street edge when without a curb, it must be in compliance with all of the following provisions: 1. No sign shall be permitted in the right-of-way. 2. When not in the right-of-way, no sign shall be permitted within 3 feet of the back of the curb, or street edge when without a curb. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 6 of 19 3. Signs that are not in the right-of-way may be more than 3 feet and within 10 feet of the back of the curb, or street edge when without a curb, provided the maximum height is 4 feet and the size does not exceed 8 square feet. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. P-9440 There was presented Mayor and Council Communication No. P- CIMSLab, Inc. 9440 from the City Manager recommending that the City Council Software and authorize the purchase of four CIMS for Windows NT licenses from Implementation CIMSLab, Inc. at a cost not to exceed $6,000.00 on the basis of a Services documented sole source for the Information Technology Solutions Department and authorize the purchase of implementation services from CIMSLab, Inc. at a cost not to exceed $12,000.00. It was the consensus of the City Council that the recommendation be adopted. L-13112 There was presented Mayor and Council Communication No. L- Subsurface 13112 from the City Manager recommending that the City Council Pipeline authorize the City Manager to convey a right-of-way and Easement subsurface pipeline easement of approximately 10.16 acres of land to TXU Gas Company for right-of-way purposes; authorize the City Manager to accept the abandonment and release of a blanket easement by TXU Gas Company jointly to the cities of Fort Worth and Dallas of approximately 329.91 acres of land to accommodate the efficiency within the International Commerce Park located on airport property in both Tarrant and Dallas Counties; and authorize the City Manager to accept and record the appropriate instruments. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 7 of 19 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss L-13113 There was presented Mayor and Council Communication No. L- Sale of City- 13113 from the City Manager recommending that the City Council owned Lake approve the sale of various City-owned Lake Worth properties for a Worth total of $303,084.17, and authorize the City Manager to execute the Properties appropriate deeds conveying the property to the highest bidder for each property. It was the consensus of the City Council that the recommendation be adopted. L-13114 There was presented Mayor and Council Communication No. L- Permanent 13114 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent 15-foot sanitary sewer Easement; easement, one permanent variable width drainage easement, and Variable Width one permanent variable width open space easement, described as Drainage & Lot A, Block 1, Sycamore Point Addition, Tarrant County, Texas, Public Space from Maximize The Moment, Inc. (DOE 3340) for the purpose of Easement construction and maintenance of storm drainage facilities, for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13115 There was presented Mayor and Council Communication No. L- Ord. # 14748 13115 from the City Manager recommending that the City Council: Right-of-Way Acquisition 1. Adopt Appropriation Ordinance No. 14748 increasing the estimated receipts and appropriations in the Street Improvement Fund in the amount of $658,700.00 from available funds for the purpose of funding the acquisition of properties located at Vickery Boulevard from Henderson Street to Business 287P; and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 8 of 19 2. Authorize the City Manager to approve the purchase of two properties described as Block 1, Lots 3 and 5B and Lots 1 and 6B (801 and 821 West Vickery Boulevard), Jennings South Addition, Tarrant County, Texas (DOE 2820), from Marshall Robinson and Gibson Lewis, respectively, for a total cost of $1,317,400.00. It was the consensus of the City Council that the recommendation be adopted. L-13116 There was presented Mayor and Council Communication No. L- Lease 13116 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a lease agreement with McWilliams McWilliams Consolidated for 10,790 square feet of office space for Consolidated police operations at a cost of $11,239.58 per month, and approve the lease term of one year commencing the date the City opens for business in the lease space, and expiring the last day of the twelfth full calendar month, with five options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-13117 There was presented Mayor and Council Communication No. L- Rezone Property 13117 from the City Manager recommending that the City Council authorize the City Manager to initiate rezoning of certain properties located in recently annexed areas of the Far North, Far Northwest, Wedgewood, Far South, and Eastside sectors. City Manager Jackson stated that Cluster "A" in the discussion section of the M&C need to be amended to add "A-5" after industrial and before "A-43". Council Member Moss made a motion, seconded by Council Member Davis that the recommendation be adopted as amended. The motion carried unanimously. L-13118 There was presented Mayor and Council Communication No. L- Permanent and 13118 from the City Manager recommending that the City Council Underground approve the acceptance of one permanent drainage and utility Drainage and easement described as Lot 9, Block 17, and one underground Utility drainage and utility easement described as Lot 12, Block 2, Sabine Easements Place Addition, Tarrant County, Texas, from the Fort Worth Independent School District and Chavez Trustee (DOE 3244), for the purpose of construction and maintenance of storm drainage facilities, for a total cost of $2.00. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 9 of 19 Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss C-18709 There was presented Mayor and Council Communication No. C- Halbach*Dietz 18709 from the City Manager recommending that the City Council Architects authorize the City Manager to execute an agreement with Halbach*Dietz Architects for annual architectural design services for a fee not to exceed $100,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18710 There was presented Mayor and Council Communication No. C- Amend CSC 18710 from the City Manager recommending that the City Council #24896 - TxDOT authorize the City Manager to execute an amendment to the Construction and Maintenance Agreement (City Secretary Contract No. 24896) with the Texas Department of Transportation (TxDOT) for reconstruction of the Northeast 21St Street Bridge at Marine Creek, a tributary of the Trinity River. It was the consensus of the City Council that the recommendation be adopted. C-18711 There was presented Mayor and Council Communication No. C- Ord. # 14749 18711 from the City Manager recommending that the City Council TxDOT adopt Appropriation Ordinance No. 14749 increasing the estimated receipts and appropriations in the Street Improvement Fund in the amount of $43,930.24 from available funds for the purpose of funding the purchase of traffic signal equipment; and authorize the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) for the furnishing of traffic signal equipment by the City at various locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 10 of 19 C-18712 There was presented Mayor and Council Communication No. C- Ord. # 14750 18712 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the City Manager to transfer $356,694.00 from the Company, Inc. Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14750 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $356,694.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc., for pavement reconstruction and water and sanitary sewer replacements on Howard Street, Knox Drive, Foard Street, Hardeman Street, and Nolan Street; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $3,177,149.16 for pavement reconstruction and water and sanitary sewer replacements on Howard Street (Tallman to Wichita), Knox Drive (Wichita to Erath), Foard Street (Martin to Hardeman), Hardeman Street (Foard to Wichita), Hardeman Street (Foard to Erath), and Nolan Street (Vaughn to Martin). Council Member Moss expressed concern relative to the goal of 47 percent minority participation on these projects and only having a 7 percent actual participation under the good faith effort. He stated that the City needed to look at these combined projects a little closer in the future to bring the minority participation level up and consider breaking up these types of projects into seperate projects where there is water and sewer and actual reconstruction. Mayor Pro tempore McCloud agreed with Mr. Moss' comments and stated that he had been advised by staff this was an opportunity to make repairs in a timely manner on several streets that had been neglected for over the years. He added that the process needed to be reviewed to decrease the size of the projects in order to increase MWBE participation. He made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 11 of 19 C-18713 There was presented Mayor and Council Communication No. C- Freese and 18713 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc. for a fee not to exceed $448,300.00 to prepare plans and specifications for the Southside III water main extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek. It was the consensus of the City Council that the recommendation be adopted. C-18714 There was presented Mayor and Council Communication No. C- Ord. # 14751 18714 from the City Manager recommending that the City Council: ACE Pipe Cleaning, Inc. 1. Authorize the transfer of $200,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14751 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $200,000.00 from available funds for the purpose of funding renewal of a contract with ACE Pipe Cleaning, Inc., for cleaning of large diameter sanitary sewer mains; and 3. Authorize the City Manager to renew a contract with ACE Pipe Cleaning, Inc. in the amount of $200,000.00 for the cleaning of large diameter sanitary sewer mains. It was the consensus of the City Council that the recommendation be adopted. C-18715 There was presented Mayor and Council Communication No. C- Spirit Airlines, 18715 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an agreement consenting to the assignment by IAS Aviation Services, L.L.C. d/b/a Eagle One Aviation, L.L.C. of its right, title and interest in the Hangar 39-N lease site (Leased Premises) at Fort Worth Meacham International Airport pursuant to City Secretary Contract No. 22134, as amended, to Spirit Airlines, Inc. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 12 of 19 Budget Hearing It appeared to the City Council that they set today as the date for the hearing in connection with the proposed budget for the 2001- 2002 fiscal year to give every interested person or citizen opportunity to be heard. Mayor Barr stated that the hearing would remain open until the budget was approved. Regular Zoning It appeared to the City Council that Resolution No. 2753 was Hearing adopted on July 17, 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 July 23, 2001. Mayor Barr asked if there was anyone present desiring to be heard. Z-01-073 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of C & S Trailer World by H. Dennis Hopkins for a change in zoning of property located at 4111 East Loop 820 South, from "B" Two-Family to "I" Light Industrial, Zoning Docket No. Z-01-073, be approved. Council Member Haskin asked what the applicant was doing to improve the appearance of the site. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Blvd. #406, responded to Hopkins Ms. Haskin's inquiry and stated that the 55,927 square foot parcel of land had been used for outside storage of trailers, some which had been manufactured on site, and no changes in use was planned. However, he added that the business had operated for many years under its current zoning and had never received a citation and that it was only recently discovered to be an incompatible use with existing zoning. 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 AUGUST 14, 2001 PAGE 13 of 19 Z-01-076 Mr. Mickey D. Nowell, 500 W. 7t" Street, Suite 300, representing Mr. SP-01-013 Timmons, appeared before Council and stated that he had worked Approved with the Monticello Neighborhood Association to address their Mickey Nowell concerns with the site plan. He added that changes were made to the landscaping and certain items in "E" zoning. He requested Council's approval of the zoning change. Gray McBride Mr. Gray McBride, 100 Virginia Place, representing the Monticello Neighborhood Association, appeared before Council and commended Mr. Nowell and Mr. Timmons on a great working relationship with the neighborhood association. He added that the neighborhood association supports the zoning change. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of Sam Timmons by Huitt- Zollar, Inc., for a change in zoning of property located at 3317-3339 White Settlement Road, from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus automotive repair and tire store with outdoor display and storage of tires; three existing signs permitted; no outside furniture on-site, no flags, banners, or temporary signs; and no 18-wheelers serviced or stored on Boland Street, Zoning Docket No. Z-01-076 and Site Plan SP-01-013, be approved with the following amendment: The following uses are prohibited: Ambulance Dispatch Station; Outdoor Amusement; Telecommunications Tower; RV Park; Liquor Store; Pawn Shop; and Tattoo Parlor. The motion carried unanimously. Z-01-078 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Fort Worth Area Habitat for Humanity for a change in zoning of property located at 1812 Portland Street, from "E" Neighborhood Commercial to "A-5" One- Family, Zoning Docket No. Z-01-078, be approved. The motion carried unanimously. Z-01-079 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wentworth, that the application of Doris Blanche Orr for a change in zoning of property located at 2758 and 2764 Nies Street, from "B" Two-Family to "E" Neighborhood Commercial, Zoning Docket No. Z-01-079, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 14 of 19 Z-01-082B Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth by Planning Department for a change in zoning of property located at 2921 East Belknap Street, from "I" Light Industrial, to "E" Neighborhood Commercial, Zoning Docket No. Z-01-0828, be approved. The motion carried unanimously. Z-01-091 It appeared that the City Council, at its meeting of July 17, 2001, Continued Until continued the hearing of the application of Don W. Collins for a September 11, change in zoning of property located in the 3700-4100 Blocks of 2001 Keller-Haslet Road (Southeast Corner of Alta Vista), from "Unzoned" to "A-5", "A-7-5" One-Family, "E" Commercial, and "ER" Restricted Commercial, Zoning Docket No. Z-01-073. Council Member Haskin made a motion, seconded by Council Member Davis, that Zoning Docket No. Z-01-091, be continued until September 11, 2001. The motion carried unanimously. Z-01-092 Council Member Silcox made a motion, seconded by Council Approved Member Wentworth, that the application of Gustavo Castaneda for a change in zoning of property located at 4700 Old Benbrook Road, from "PD/DU" Planned Development/Specific Use for a daycare facility to "B" Two-Family, Zoning Docket No. Z-01-092, be approved. The motion carried unanimously. Z-01-097 Council Member Wentworth made a motion, seconded by Mayor Approved Pro tempore McCloud, that the application of Boat Club Road, LLC, by Halff Associates, Inc. for a change in zoning of property located in the northeast corner of Ten Mile Bridge Road and Boat Club Road, from "R-1" Zero Lot Line/Cluster Residential, "C" Medium Density Multi-Family, and "E" Neighborhood Commercial, to "A-5" One-Family, Zoning Docket No. Z-01-097, be approved. The motion carried unanimously. Z-01-098 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Jack R. Croxdale for a change in zoning of property located at 313 and 317 Hawkins Street, from "B" Two-Family to "PD/SU" Planned Development/ Specific Use for all uses in "I" Light Industrial except no outside storage and no signage and waiver of site plan recommended, Zoning Docket No. Z-01-098, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 15 of 19 Z-01-099 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of H.O.P.E. Farm, Inc. by Noble Crawford, for a change in zoning of property located at 868 East Jessamine Street and 865-869 Atlanta Street, from "B" Two-Family to "PD/SU" Planned Development/Specific Use for education and religion center and private school and waiver of site plan recommended, Zoning Docket No. Z-01-099, be approved. The motion carried unanimously. Z-01-100 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Ora Dunlap by Bonilla Group, for a change in zoning of property located at 1237 Lincoln Avenue, from "C" Medium Density Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "ER" Neighborhood Commercial Restricted; screen fence required on south property line; all lighting to be directed away from neighbors; and hours of operation 9:00 a.m. to 7:00 p.m., and waiver of site plan recommended, Zoning Docket No. Z-01-100, be approved. The motion carried unanimously. Z-01-102 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Basswood 113 LP by James W. Schell for a change in zoning of property located in the northwest corner of 1-35 (North Freeway) and Bass Boulevard, from "A-5" One-Family and "I" Light Industrial to "I" Light Industrial and "A-5" One-Family, Zoning Docket No. Z-01-102, be approved. The motion carried unanimously. Z-01-103 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Centex Homes by Carter & Burgess for a change in zoning of property located at the northwest corner of 1-35 (North Freeway) and Basswood Boulevard, from "A-5" One-Family and "I" Light Industrial to "I" Light Industrial and "A-5" One-Family, Zoning Docket No. Z-01-103, be approved. The motion carried unanimously. Z-01-104 Council Member Picht made a motion, seconded by Council Approved Member Davis, that the application of Lewisville 7 Partners, Ltd. for a change in zoning of property located in the southwest corner of Southern Prairie and Summer Park Drive, from "R-1" Zero Lot Line/Cluster Residential to "CF" Community Facilities, Zoning Docket No. Z-01-104, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 16 of 19 Z-01-105 Council Member Silcox made a motion, seconded by Council Approved Member Wentworth, that the application of Fort Worth Lagniappe Partners, LP by James W. Schell for a change in zoning of property located at 5700 to 5750 South Hulen Street, from "CR" Low Density Multi-Family to "E" Neighborhood Commercial, Zoning Docket No. Z-01-105, be approved. The motion carried unanimously. Z-01-106 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Historic & Cultural Landmarks Commission for a change in zoning of property located at 1003 West Cannon Street, from "CF" Community Facilities to CF/HC" Community Facilities/Historic and Cultural Landmark, Zoning Docket No. Z-01-106, be approved. The motion carried unanimously. Z-01-107 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Historic and Cultural Landmarks Commission for a change in zoning of property located at 1539 through 1549 North Main Street, from "I" Light Industrial to "I/HC" Light Industrial/Historic and Cultural Landmark, Zoning Docket No. Z-01-107, be approved. The motion carried unanimously. Z-01-108 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of City of Fort Worth by Planning Department for a change in zoning of property located at 101 South Main Street, from "J" Medium Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. Z-01-108, be approved. The motion carried unanimously. Z-01-109 Council Member Lane made a motion, seconded by Council Approved Member Davis, that the application of Deyla Guadiana by Phillip Poole, for a change in zoning of property located at 1539 through 1549 North Main Street, from "I" Light Industrial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. Z-01-109, be approved. The motion carried unanimously. Z-01-110 Mr. Phillip Poole, 3637 Watonga, appeared before Council and Approved stated that he was pleased to bring this mixed use district to Fort Phillip Poole Worth and to have a developer that was working hard to create what will really be one of the City's first two urban villages. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 17 of 19 Ken Hughes Mr. Ken Hughes, 7001 Preston Road, Suite 500, Dallas, Texas, and a developer, appeared before Council and stated that he was very excited to have the opportunity to develop this property. He commended the Council for having mixed use zoning and added that he looked forward to working in the City of Fort Worth. Mayor Barr advised the Council that Mr. Gray McBride, representing the Westside Alliance, did not wish to speak, but the Alliance did support the requested zoning change. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the application of Trinity Park Center II Joint Venture by Phillip Poole for a change in zoning of property located at 2401 West 7t" Street and 2600 Block of West Lancaster Street, from "J" Medium Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. Z-01-110, be approved. The motion carried unanimously. AZC-01-1015 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of John Maddux for a change in zoning of property located in the 6400 Block of Ridgmar Boulevard, from "A-5" One-Family to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. AZC-01-1015, be approved. The motion carried unanimously. Z-01-039 Mayor Barr stated that the appeal letter was filed in a timely SP-01-006 manner and the question before the City Council was whether to Special Hearing grant an appeal and set the case for a special hearing or uphold Set for the decision of the Zoning Commission. Mr. Griffin, the applicant, September 11, was asked to address the Council. 2001 David Griffin Mr. David Griffin, 3900 Race Street, appeared before Council and requested Council grant his appeal of this zoning case. He stated that the Lowe's store had received numerous citations issued by the City; however, his request was to build a NationsRent store and lease space within the Lowe's facility. He further stated that the NationsRent store is a totally separate facility from the Lowe's store and requested that the zoning change be granted. Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the application of Lowe's Home Improvement by David Griffin for a change in zoning of property located at 4305 Bryant Irvin Road, from "PD242" Planned CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 18 of 19 Development for all uses in "G" Intensive Commercial plus outdoor storage and display including tool and equipment rental facility, Zoning Docket No. Z-01-039 and Site Plan SP-01-006 to include retail sales, be continued for two weeks. (See letter of appeal). Council Member Haskin recommended that Council grant Mr. Griffin's appeal as this case would have to be returned to the Zoning Commission for action on the site plan and it would best serve Mr. Griffin to not have to wait on the commission's action, then wait until the Council heard the case again for consideration. Council Member Wentworth withdrew his motion, and Mayor Pro tempore McCloud withdrew his second, to continue Zoning Docket No. Z-01-039 and Site Plan SP-01-006 for two weeks. Council Member Silcox made a motion, seconded by Council Member Wentworth to grant the appeal filed by Mr. Griffin on behalf of NationsRent, and to set a special hearing for September 11, 2001, regarding the application of Lowe's Home Improvement by David Griffin for a change in zoning of property located at 4305 Bryant Irvin Road, from "PD242" Planned Development for all uses in "G" Intensive Commercial plus outdoor storage and display including tool and equipment rental facility, Zoning Docket No. Z- 01-039 and Site Plan SP-01-006 to include retail sales. The motion carried unanimously. Z-01-096 Council Member Haskin made a motion, seconded by Council Denied Member Lane, that the application of Amerco Real Estate Company by Konstantine Bakantis, P.E. for a change in zoning of property located at 6950 Anderson Boulevard, from "I" Light Industrial and "E" Neighborhood Commercial to "I" Light Industrial, Zoning Docket No. Z-01-096, be denied. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Haskin made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 14, 2001 PAGE 19 of 19 ORDINANCE NO. 14752 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 8:51 P.M. CITY S CRETARY MAYOR