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HomeMy WebLinkAbout2001/09/18-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 18, 2001 Date & Time On the 18th day of September, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:15 a.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 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. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Deacon Joe Milligan, Holy Family Catholic 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 September 11, 2001, were approved unanimously. Special Council Member Davis read a Proclamation for Fiestas Patrias Day. Presentations Council Member Wentworth presented a Proclamation for United Way Month to Ms. Viney Chandler, President of the local United Way Chapter. Ms. Chandler stated that the United Way was overwhelmed by the generosity of people as the result of the tragedy in New York and Washington DC. She thanked the Council for the proclamation and their continued support. Council Member Silcox presented a Proclamation for Library Card Sign-Up Month to Ms. Joella Simms. Ms. Simms accepted the proclamation on behalf of the members of the Library Advisory Board. Council Member Moss presented a Proclamation for Prostate Cancer Awareness Month to Ms. Mary Lynn Featherston, representing the Cancer Society. Ms. Featherston stated that she accepted the proclamation on behalf of Dr. Trey Morris and read a statement prepared by Dr. Morris for presentation to the Council. Mayor Pro tempore McCloud read a proclamation for Racial Equality Day. Mayor Barr stated that a copy of the proclamation would be forwarded to the National League of Cities as part of the City's report on efforts in this community. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 2 of 34 Mayor Barr commended members of the City staff, Assistant City Manager Libby Watson, Police Chief Ralph Mendoza, and Fire Chief Larry McMillian for the way the City responded to the crisis in New York and activating the Crisis Center. He stated that we were very fortunate that nothing happened in Fort Worth and expressed appreciation to the staff on behalf of the City Council. He stated that on Friday, September 14, 2001 an interfaith conference was held at City Hall to facilitate discussion regarding the events that transpired on Tuesday, September 11, 2001. Announcements Council Member Moss announced a District 5 appointees quarterly boards and commission meeting would be held September 22, 2001 at 9:00 a.m. at the MLK Center and encouraged everyone interested to attend. Council Member Picht expressed condolences from the Council to Assistant City Secretary Sylvia Glover at the passing of her husband this past weekend. City Manager Jackson announced that after a long and extensive nation wide search, Mr. Joe Paniagua from Intergovernmental Affairs/Grants Management, had been selected as the new Assistant City Manager of Cultural and Neighborhood Services. Mr. Paniagua addressed the Council and thanked Mr. Jackson for providing him the opportunity to serve as an interim Assistant City Manager. He added that he looked forward to working with the Council and would work hard to address the issues and concerns of the City's neighborhoods. He introduced his parents and mother-in-law and stated that his promotion also honored his late grandfather. He thanked various state leaders, previous City Managers, and Assistant City Managers Mike Groomer, Libby Watson, and Charles Boswell, and recognized the staff of Intergovernmental Affairs/Grants Management. He expressed deep gratitude to his wife, Elsa Paniagua, and his children for being his inspiration and supporting him through the years. Mayor Barr stated that the City was very proud of Mr. Paniagua and that his work with the State Legislature had been remarkable. Council Member Davis congratulated Mr. Paniagua and stated that he had shown great innovation when solving problems. She added that he would do a great job because he cared. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 3 of 34 Council Member Picht congratulated everyone who gave Mr. Paniagua the experience and made him the great administrator he had become. Council Member Moss congratulated Mr. Paniagua and stated that he would do a great job because of his willingness to work with all segments of the community. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-18739 be continued for one week. Staff Consent Agenda On motion of Council Member Davis, seconded by Council Member Moss, the consent agenda was adopted unanimously. Appointments Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mr. Brent Hull be appointment to the Historic and Cultural Landmarks Commission, Place 9, effective September 18, 2001 and with a term expiring October 1, 2003. The motion carried unanimously. Res. # 2774 There was presented Resolution No. 2774 selecting Portman Portman Development, LLC and Phelps Program Management for Development, Assistance in the Development of a Convention Center Hotel and LLC and Phelps Parking Facility. Council Member Wentworth made a motion, Program seconded by Council Member Silcox, that the recommendation be Management for adopted. The motion carried unanimously. Convention Center Hotel and Parking Facility Res. # 2775 There was presented Resolution No. 2775 authorizing the City Staff General Purpose to include in conjunction with the next General Purpose Bond Sale Bond Sale/Issue the issuance of Certificates of Obligation to finance the Certificates of replacement and expansion of the City's Siren Warning System. Obligation — Siren Warning Mayor Barr stated that the resolution had been revised to include System the suggestion made by Council Member Haskin relative to the inclusion of staff development of a regional warning system as feasible. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 4 of 34 Council Member Davis commended Council Member Picht on his efforts to make this resolution a reality and City Manager Jackson for his work with the 9-1-1 District Board. Mayor Barr also acknowledged the work of Assistant City Manager Paniagua. Reconsider Mayor Barr stated that staff had requested the Council to L-13140 reconsider Mayor and Council Communication No. L-13140, September 25, previously approved September 11, 2001, Right of Way Acquisition 2001 of One Property for the Highway Improvement of Vickery Boulevard from Henderson Street to BU287P (DOE 2820), at the September 25, 2001 Council Meeting Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L- 13140, previously approved September 11, 2001, Right of Way Acquisition of One Property for the Highway Improvement of Vickery Boulevard from Henderson Street to BU287P (DOE 2820), be reconsidered at the September 25, 2001 Council Meeting. The motion carried unanimously. OCS-1238 There was presented Mayor and Council Communication No. OCS- Claims 1238 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-1239 There was presented Mayor and Council Communication No. OCS- Res. No. 2776 1239 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2776 setting the regular zoning Zoning Hearing hearing for October 9, 2001. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommended be adopted. The motion carried unanimously. G-13364 There was presented Mayor and Council Communication No. G- Delayed Until 13364, dated September 11, 2001, from the City Manager After Executive recommending that the City Council: Session 1. Authorize the City Attorney to file a nuisance abatement lawsuit, pursuant to Chapter 125 of the Texas Practice and Remedies Code, against Pravin Bhakta, the owner of the Golden Gate Motel at 7516 Highway 80 West. The Golden Gate Motel is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 5 of 34 2. Adopt a resolution authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Golden Gate Motel. Council Member Silcox made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. G-13364 be delayed until after Executive Session. The motion carried unanimously. G-13364 Revised There was presented Mayor and Council Communication No. G- Delayed Until 13364 Revised from the City Manager recommending that the City After Executive Council: Session 1. Authorize the City Attorney to file a nuisance abatement lawsuit, pursuant to Chapter 125 of the Texas Practice and Remedies Code, against Pravin Bhakta, the owner of the Golden Gate Motel at 7516 Highway 80 West. The Golden Gate Motel is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and 2. Adopt a resolution authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Golden Gate Motel. Council Member Silcox made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. G-13364 Revised be delayed until after Executive Session. The motion carried unanimously. G-13366 There was presented Mayor and Council Communication No. G- Delayed Until 13366, dated September 11, 2001, from the City Manager After Executive recommending that the City Council Session 1. Authorize the City Attorney to file a nuisance abatement lawsuit, pursuant to Chapter 125 of the Texas Practice and Remedies Code, against CRW Investments, Inc., the owner of the Villa del Rio Apartments (Villa del Rio) located at 5817 Boca Raton Boulevard. Villa del Rio is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 6 of 34 2. Adopt a resolution authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Villa del Rio. Council Member Haskin made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. G- 13366 be delayed until after Executive Session. The motion carried unanimously. G-13366 Revised There was presented Mayor and Council Communication No. G- Delayed Until 13366, Revised from the City Manager recommending that the City After Executive Council Session 1. Authorize the City Attorney to file a nuisance abatement lawsuit, pursuant to Chapter 125 of the Texas Practice and Remedies Code, against CRW Investments, Inc., the owner of the Villa del Rio Apartments (Villa del Rio) located at 5817 Boca Raton Boulevard. Villa del Rio is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and 2. Adopt resolution authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Villa del Rio. Council Member Haskin made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. G- 13366 Revised be delayed until after Executive Session. The motion carried unanimously. G-13373 There was presented Mayor and Council Communication No. G- Reappointment 13373 from the City Manager recommending that the City Council of Civil Service confirm the reappointment of Dr. Stuart A. Youngblood as a Commission — member of the City of Fort Worth Firefighters' and Police Officers' Dr. Stuart A. Civil Service Commission for a three-year term beginning October Youngblood 1, 2001, and expiring September 30, 2004. It was the consensus of the City Council that the recommendation be adopted. G-13374 There was presented Mayor and Council Communication No. G- Voluntary 13374 from the City Manager recommending that the City Council Cleanup Program authorize the City Manager to execute an Interlocal Agreement Agreement— 1608 with the Texas Natural Resources Conservation Commission for a 11th Avenue Voluntary Cleanup Program at the Water Department's Field CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 7 of 34 Operations facility located at 1608 11th Avenue. It was the consensus of the City Council that the recommendation be adopted. G-13375 There was presented Mayor and Council Communication No. G- Ord. # 14772 13375 from the City Manager recommending that the City Council: Accept Funds and Adopt 1. Authorize the City Manager to accept funds in the amount of Ordinance with $493,628.00 from the Texas Department of Housing and TDHCA for Community Affairs (TDHCA), increasing the FY2001 Comprehensive allocation from $865,406.00 to $1,359,034.00; and Energy Assistance 2. Adopt Appropriation Ordinance No. 14772 increasing the Program estimated receipts and appropriations in the Grants Fund in the amount of $493,628.00 upon receipt of the funds from the Texas Department of Housing and Community Affairs for the purpose of funding the Comprehensive Energy Assistance Program; and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15, at a rate of 17.76 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G-13376 There was presented Mayor and Council Communication No. G- Receive Petition 13376 from the City Manager recommending that the City Council: and Application Fee for Public 1. Receive the petition for establishment of the Fort Worth Improvement Public Improvement District (PID) No. 10 for the expansion District No. 10 of the downtown PID No. 1 area; and 2. Accept the application fee of $150.00 to be used by City staff for petition verification and establishing a proposed assessment roll; and 3. Authorize the City Manager and the City Attorney to review the petition to determine whether it includes the necessary signatures and meets the requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 8 of 34 4. Schedule the petition for further consideration at a future City Council meeting. Kenneth Devero Mr. Kenneth Devero, 1000 Henderson #137, appeared before Council and provided a briefing on PID #10. He added that the PID had the support of its property owners and would enhance development of the east side of downtown. He requested Council favorably consider the PID when it comes back to them for a vote in October. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13377 There was presented Mayor and Council Communication No. G- Temporary 13377 from the City Manager recommending that the City Council Closure of Main approve the temporary closure of Main Street between Yd Street Street and 4t" Street to accommodate the Fort Worth Jaycees annual Christmas tree display from November 13, 2001, until January 6, 2002. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the Council set today as the date for a public hearing regarding additional funding the Computer Aided Dispatch Project. Mayor Barr asked if there was anyone present desiring to be heard. Deputy Chief Randy Ely, representing the Police Department, appeared before the Council, gave a staff report, and called attention to Mayor and Council Communication No. 13378, as follows: G-13378 There was presented Mayor and Council Communication No. G- Ord. # 14773 13378 from the City Manager recommending that the City Council: Ord. # 14774 Additional 1. Approve a mid-year adjustment to the FY2000-2001 Crime Funding for CAD Control and Prevention District (CCPD) budget to transfer Project $581,846.00 from the Mobile Data Computers/Computer Aided Dispatch (CAD) Operating Expenses Program to the CAD Project Transfer Program; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 9 of 34 2. Adopt Supplemental Appropriation Ordinance No. 14773 appropriating $799,421.00 to the Crime Control and Prevention District Fund and decreasing the reserved, undesignated Fund balance by the same amount for the purpose of providing funding for the Computer Aided Dispatch Project. 3. Authorize the transfer of $1,381,267.00 from the CCPD Fund to the Specially Funded Capital Projects Fund; and 4. Adopt Supplemental Appropriation Ordinance No. 14774 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,611,663.00 from available funds for the purpose of funding the Computer Aided Dispatch Project. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13379 There was presented Mayor and Council Communication No. G- Ord. # 14475 13379 from the City Manager recommending that the City Council: FAA Assistance at Alliance 1. Authorize the City Manager to apply for and accept, if Airport for awarded, a grant from the Federal Aviation Administration Aircraft Rescue (FAA) in the amount of $1,070,186.00 for the purchase of an and Fire Fighting aircraft rescue and fire fighting vehicle and to upgrade Vehicle and various airfield markings and lighting; and Upgrade Markings and 2. Authorize the use of land credits in the amount of Lighting $118,910.00 for the City's in-kind local match of ten percent of the project cost; and 3. Adopt Appropriation Ordinance No. 14475 increasing the estimated receipts and appropriations in the Grants Fund by $1,189,096.00, subject to receipt of the grant for the purchase of an aircraft rescues and fire fighting vehicle and to upgrade various airfield markings and lighting at Fort Worth Alliance Airport. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 10 of 34 G-13380 There was presented Mayor and Council Communication No. G- Ord. # 14776 13380 from the City Manager recommending that the City Council: FAA Assistance at Alliance 1. Authorize the City Manager to apply for and accept, if Airport for awarded, a grant from the Federal Aviation Administration Extension of (FAA) in the amount of $6,523,141.00 for engineering, Runway and earthwork, and related land acquisition for the extension of Land Acquisition runway 16L/34R at Fort Worth Alliance Airport; and 2. Authorize the use of land credits in the amount of $724,793.00 for the City's in-kind local match of ten percent of the project cost; and 3. Adopt Appropriation Ordinance No. 14776 increasing receipts and appropriations in the Grants Fund by $7,247,934.00, subject to receipt of the grant for the extension of Runway 16L/34R and related land acquisition. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9452 There was presented Mayor and Council Communication No. P- Janitorial 9452, dated September 11, 2001, from the City Manager Service and recommending that the City Council authorize a purchase Supplies agreement for janitorial service and supplies with CTJ Maintenance, Inc. for the Health Department based on low bid with payment due 30 days after receipt of the invoice and authorize this agreement to begin October 1, 2001, and expire September 30, 2002, with options to renew for four additional one-year periods. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-9454 There was presented Mayor and Council Communication No. P- Preventive 9454, dated September 11, 2001, from the City Manager Maintenance and recommending that the City Council: Repair of LLT- 300 Dehydrator 1. Authorize a sole source purchase agreement for preventive System maintenance and repair of an LLT-300 Dehydrator System from Harold James, Inc. for the Water Department with payment due 30 days after receipt of the invoice, based on the following prices; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 11 of 34 • Hourly rate regular time at $67.00 per hour; and • Hourly rate overtime at $100.50 per hour; and • Parts at manufacturer's list price less 15 percent discount; and 2. Authorize this purchase agreement to begin September 11, 2001, and expire September 10, 2002, with options to renew for two additional one-year periods. Council Member Davis made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. P-9458 There was presented Mayor and Council Communication No. P- Elevator 9458 from the City Manager recommending that the City Council Maintenance authorize a purchase agreement for elevator maintenance with United Elevator Service Company for the City based on the low bid with payment due 30 days after receipt of the invoice and authorize this agreement to begin September 29, 2001, and expire September 28, 2002, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9459 There was presented Mayor and Council Communication No. P- Preformed 9459 from the City Manager recommending that the City Council Traffic Markers authorize a purchase agreement for preformed traffic markers with multiple vendors for the Transportation and Public Works Department based on the low bid meeting specification with payment due 30 days from receipt of the invoice; authorize a purchase agreement with Avery-Dennison/Stimsonite using the State of Texas General Services Commission's contract for heat activated thermoplastic tape; and authorize this agreement to begin September 18, 2001, and expire September 17, 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-13145 There was presented Mayor and Council Communication No. L- Cancellation of 13145 from the City Manager recommending that the City Council Lake Worth approve the cancellation of the 5-year commercial and septic Leases leases with Steve Champion and Loreen Champion for the Lake Worth property described as Lot 7, Block 12 (7540 Jacksboro CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 12 of 34 Highway) and Lot 6, Block 12 (7544 Jacksboro Highway), Lake Worth Survey, in connection with the Texas Department of Transportation expansion of Highway 199. It was the consensus of the City Council that the recommendation be adopted. L-13146 There was presented Mayor and Council Communication No. L- One Permanent 13146 from the City Manager recommending that the City Council Underground approve the acceptance of one permanent underground utility Utility Easement easement and one temporary construction easement described as and One Part of the S. Ledford Survey, Abstract 1825, and the B. Lavois Temporary Survey, Abstract 999, Tarrant County, Texas, from AIL Investment, Construction LP, required for the construction of a 48-inch water transmission Easement main near Blue Mound Road, Haslet, Texas (Northside II Water Transmission Main — DOE 1958) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13147 There was presented Mayor and Council Communication No. L- Sale of Lake 13147 from the City Manager recommending that the City Council Worth Land approve the sale of city-owned Lake Worth land described as Lot 7, Block 12 (7540 Jacksboro Highway) and Lot 6, Block 12 (7544 Jacksboro Highway), Lake Worth Survey, to the Texas Department of Transportation for the expansion of State Highway 199. It was the consensus of the City Council that the recommendation be adopted. L-13148 There was presented Mayor and Council Communication No. L- One Permanent 13148 from the City Manager recommending that the City Council Drainage approve the acquisition of one permanent drainage easement and Easement and one temporary construction easement described as Part of I. One Temporary Schoonover Survey, Abstract No. 1403, Tract Six, from Mary Ralph Construction Lowe, required for the construction of storm drainage Easement improvements in west Fort Worth on Hazlewood Drive (DOE 1966) for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13149 There was presented Mayor and Council Communication No. L- Release of 13149 from the City Manager recommending that the City Council Distribution Line authorize the City Manager to accept the release of a distribution Easement and line and right-of-way easement filed in Volume 3899, Page 0262, Right-of-Way Tarrant County Deed Records, by TXU Electric Company to the Easement City of Fort Worth, needed for the construction of Fire Station No. 8 (DOE 3222) and authorize the City Manager to accept and record the appropriate instruments. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 13 of 34 Council Member Moss stated that he had a conflict with issue, 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 Silcox; Haskin; Picht; Wentworth; and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss C-18738 There was presented Mayor and Council Communication No. C- Ord. # 14777 18738, dated September 11, 2001, from the City Manager Ord. #14778 recommending that the City Council: Maximus, Inc. 1. Adopt Appropriation Ordinance No. 14777 increasing the estimated receipts and appropriations in the Capital Project Reserve Fund in the amount of $25,000.00 from available funds for the purpose of funding a contract with Maximus, Inc. to investigate operational needs and alternatives for relocation of service centers and offices of the Transportation and Public Works, Equipment Services, and Environmental Management Departments from the Harley Avenue Maintenance Complex; and 2. Authorize the transfer of $25,000.00 from the Capital Projects Reserve Fund to the General Fund/Non- Departmental; and 3. Adopt Appropriation Ordinance No. 14778 increasing the estimated receipts and appropriations in the General Fund in the amount of $25,000.00 from available funds for the purpose of funding a contract with Maximus, Inc. to investigate operational needs and alternatives for relocation of service centers and offices of the Transportation and Public Works, Equipment Services, and Environmental Management Departments from the Harley Avenue Maintenance Complex; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 14 of 34 4. Authorize the City Manager to execute a professional services contract with Maximus, Inc. to investigate operational needs and alternatives for relocation of the Transportation and Public Works, Equipment Services, and Environmental Management Departments from the Harley Avenue Maintenance Complex, for a fee not to exceed $25,000.00. City Manager Jackson stated that the Discussion section of the M&C needed to be amended to include the following language: "Maximus, Inc. has committed to 5 percent M/WBE participation on this project." Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. C-18739 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-18739, dated September 11, 2001, One Week Authorization to Execute an Interlocal Agreement with the Texas Department of Transportation for the Maintenance of Landscape Improvements Along IH30 and IH35W, be continued for one week. C-18740 There was presented Mayor and Council Communication No. C- A-Agape 18740 from the City Manager recommending that the City Council Contracting, Inc. authorize the City Manager to execute a contract with A-Agape Contracting, Inc. for Western Center Boulevard Bridge Rehabilitation (BRM2001-17), in the amount of $260,031.54. It was the consensus of the City Council that the recommendation be adopted. C-18741 There was presented Mayor and Council Communication No. C- A-Agape 18741 from the City Manager recommending that the City Council Contracting, Inc. authorize the City Manager to execute a contract with A-Agape Contracting, Inc. for repair and repainting of the Felix Street bridge over the Union Pacific Railroad and the East Berry Street bridge over Sycamore Creek (BRM2001-16), in the amount of $165,978.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 15 of 34 C-18742 There was presented Mayor and Council Communication No. C- AII-Tex Paving, 18742 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with All-Tex Paving, Inc. for HMAC Surface Overlay 2001-15 in the amount of $1,140,485.00 for 75 working days. It was the consensus of the City Council that the recommendation be adopted. C-18743 There was presented Mayor and Council Communication No. C- Baird, Hampton 18743 from the City Manager recommending that the City Council & Brown, Inc. authorize the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc. to design street reconstruction for the Greenway Addition Model Block (DOE 3089) in the amount of $198,883.00. It was the consensus of the City Council that the recommendation be adopted. C-18744 There was presented Mayor and Council Communication No. C- Hall-Albert 18744 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Hall-Albert Company Construction Company for Main C1C4B Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2) Part 8, Unit 3, Sections A and B, in the amount of $460,235.00. It was the consensus of the City Council that the recommendation be adopted. C-18745 There was presented Mayor and Council Communication No. C- Carter & 18745 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to exercise the sixth option to renew the contract with Carter & Burgess, Inc. for professional consulting services for the Fire Department, to begin October 1, 2001, and expire September 30, 2002, at an estimated cost of $176,024.00. It was the consensus of the City Council that the recommendation be adopted. C-18746 There was presented Mayor and Council Communication No. C- HNTB 18746 from the City Manager recommending that the City Council authorize the City Manager to enter into a contract with HNTB, an engineering and planning firm with offices in Fort Worth and other cities, for certain professional services to evaluate certain design options for a modern roundabout at West Seventh/University Village for a fixed fee of $21,000.00 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 16 of 34 C-18747 There was presented Mayor and Council Communication No. C- Stabile & Winn, 18747 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Stabile & Winn, Inc. for the reconstruction of Grove Street from 7th Street to 8th Street in the amount of $387,988.76. Council Member Davis stated that the fourth paragraph of the Discussion section of the M&C needed to be amended to reflect the remaining funds being $87,988.76 and not $387,988.76. She announced that Tarrant County had agreed to pay $50,000.00 for a portion of the reconstruction and that the final total should be reduced by that amount to reflect their participation. She also thanked Dan Walsh from the City's Transportation and Public Works Department for his work on this project. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted, as amended. The motion carried unanimously. C-18748 There was presented Mayor and Council Communication No. C- Westhill 18748 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute the second renewal of the Inc. annual contract with Westhill Construction, Inc. for the construction of 105 speed humps and 5 raised crosswalks and ramps at various locations in the amount of $54,850.00. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Budget Hearing It appeared that the City Council set today as the date for the continuation of a hearing in connection with the proposed budget for 2000-2001 fiscal year to give every interested person or citizen opportunity to be heard. 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 proposed budget for 2001-2002 fiscal year, Council Member Davis made a motion, seconded by Council Member Moss, that the public hearing be closed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 17 of 34 Adoption Tax Council Member Silcox introduced Ordinance No. 14779 providing Rate for the levy and collection of an annual ad valorem tax on all Ord. # 14779 property, real, personal and mixed, situated within the territorial limits of the City of Fort Worth, owned in said City of Fort Worth on the first day of January, A.D., 2001, except such property as may be exempt from taxation by the constitution and laws of the State of Texas, and he made a motion to adopt the ordinance levying taxes and setting the tax rate for 2001 at $0.6461 for maintenance and operation and $0.2189 for debt service, seconded by Council Member Wentworth. The motion carried unanimously. Adopt Budget Council Member Silcox made a motion, seconded by Council Ord. # 14745 Member Davis, that Ordinance No. 14745 establishing appropriations for the 2001-2002 Fiscal Year, be adopted on second and final reading. (NOTE: The Council Agenda inadvertently reflected the ordinance number 14286 instead of 14745.) Council Member Haskin expressed concern with allocating funds to organizations that did not enhance the quality of life for Fort Worth citizens. She requested staff review future budget allocations to ensure the City receives quality of life benefits in return. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation Case second public hearing for the annexation of approximately No. AAX-01-1001 2,089.587 acres of land out of the Greenberry Overton Survey, Delayed Until Abstract No. 1185, the William Bramlet and H. R, Ryan Survey, 7:00 p.m. Abstract No. 227, the M.E.P. & P. RR Company Survey, Abstract No. 1144, the T. G. Wright Survey, Abstract No. 1136, and the Matthew Ashton Survey, Abstract No. 8, all of Tarrant County, Texas; the Matthew Ashton Survey, Abstract No. 1, Wise County, Texas; and the Matthew Ashton Survey, Abstract No. 1, Denton County, Texas. Council Member Silcox made a motion, seconded by Council Member Davis, that Annexation Case No. AAX-01-1001 be delayed until 7:00 p.m. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 18 of 34 Public Hearing It appeared that the City Council set today as the date for the Annexation Case second public hearing for the annexation of approximately 226 No. AAX-01-1002 acres of land out of the Jose Chirino Survey, Abstract No. 265, Delayed Until Tarrant County, Texas. Council Member Silcox made a motion, 7:00 p.m. seconded by Council Member Davis, that Annexation Case No. AAX-01-1002 be delayed until 7:00 p.m. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for 2817 Race Street continuation of a public hearing from July 24, 2001, for the Appeal Continued One of the Order of the Building Standards Commission regarding 2317 Week Race Street. Mayor Barr stated that this address was in District 2 and that Council Member Lane had been detained returning from overseas. He added that Mr. Lane should be present to comment and requested Council delay the public hearing for one week. Mr. Paul Bounds, representing Code Compliance, advised Council that the delay had been discussed with the owner of the property and significant improvement had been made on the site. He added that a delay would be appropriate. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the public hearing for appeal of the Building Standards Commission for the property at 2817 Race Street, be continued for one week. The motion carried unanimously. Citizen Dennis Myles and Cammie Carter, City of Fort Worth employees, Presentations appeared before City Council regarding parking for City employees Dennis Myles, working in the downtown area. Mayor Barr stated that parking was Cammie Carter a serious issue and asked City Manager Jackson to have staff investigate the parking situation and provide a report back to Council. Louree Foretich Ms. Louree Foretich, 2741 Avenue G., appeared before Council regarding handicapped accessibility on City streets and alleged malfunction of equipment and rude treatment by drivers on buses. Mayor Barr thanked Ms. Foretich for her presentation and bringing this matter to the Council's attention. He added that some of the property she cited may be private property and therefore beyond the control by the City. He asked her to meet with Assistant City Manager Boswell to resolve her concerns with the City streets and to provide specific information relative to her experience on buses operated by the Transportation Authority. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 19 of 34 Council Member Davis suggested that the portion of tonight's video containing Ms. Foretich's presentation be provided to the Fort Worth Transportation Executive Committee for their review. Mayor Barr concurred and directed staff to provide copies of the video to the committee and to the members of the Mayor's Commission on the Persons With Disabilities. Pearlie Nelson Ms. Pearlie Nelson, 1905 S. Hughes, appeared before Council relative to lawn mowing bills received from Code Compliance. City Manager Jackson requested she meet with Assistant City Manager Paniagua and Mr. Paul Bounds from Code Compliance to resolve her concerns. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council regarding various issues. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:54 a.m. to: 1. Seek the advise of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Bradley W. Hickey, et al v. City of Fort Worth, Cause No. 348-185345-00; b) S. N. Livingston et al v. City of Fort Worth, Cause No. 352-176354-98; c) Fort Worth Professional Fire Fighters Association, Jim Tate, J. R. Sullivan, Landon Stallings, Pat Vasquez, and Don Westmoreland, Jr., vs. City of Fort Worth, Texas, Cause No. 17-185635-00; d) Jail contract with Tarrant County, Texas; e) Legal issues concerning fire service and mutual aid agreements; f) Nuisance abatement lawsuit against Pravin Bhakta, owner of the Golden Gate Motel; CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 20 of 34 g) Nuisance abatement lawsuit against CRW Investment, Inc., owner of the Villa Del Rio Apartments; h) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Discuss the purchase, sale, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:45 p.m. G-13364 Revised There was presented Mayor and Council Communication No. G- Res. # 2777 13364 Revised from the City Manager recommending that the City Authorize Council: Nuisance Abatement 1. Authorize the City Attorney to file a nuisance abatement Lawsuit Against lawsuit, pursuant to Chapter 125 of the Texas Practice and Pravin Bhakta Remedies Code, against Pravin Bhakta, the owner of the Golden Gate Motel at 7516 Highway 80 West. The Golden Gate Motel is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and 2. Adopt Resolution No. 2777 authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Golden Gate Motel. Council Member Silcox made a motion, seconded by Council Member Wentworth that Mayor and Council Communication No. G- 13364 be withdrawn and that G-13364 Revised be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 21 of 34 G-13366 Revised There was presented Mayor and Council Communication No. G- Res. # 2778 13366, Revised from the City Manager recommending that the City Authorize Council Nuisance Abatement 1. Authorize the City Attorney to file a nuisance abatement Lawsuit Against lawsuit, pursuant to Chapter 125 of the Texas Practice and CRW Investment, Remedies Code, against CRW Investments, Inc., the owner Inc. of the Villa del Rio Apartments (Villa del Rio) located at 5817 Boca Raton Boulevard. Villa del Rio is a public nuisance under the law because it is habitually used for criminal activity evidenced by convictions for activities on the property; and 2. Adopt Resolution No. 2778 authorizing the City Attorney to file a lawsuit to abate common or public nuisance at the Villa del Rio. Council Member Haskin made a motion, seconded by Council Member Wentworth that Mayor and Council Communication No. G- 13366 be withdrawn and that G-13366 Revised be approved. The motion carried unanimously. Recessed It was the consensus of the City Council to recess at 1:47 p.m. to reconvene at 7:00 p.m. for consideration of the Regular Zoning Hearing. Reconvened The City Council reconvened into session at 7:10 p.m. to hear the Regular Zoning Cases. Public Hearing It appeared that the City Council set today as the date for the Annexation Case second public hearing for the annexation of approximately No. AAX-01-1001 2,089.587 acres of land out of the Greenberry Overton Survey, Abstract No. 1185, the William Bramlet and H. R, Ryan Survey, Abstract No. 227, the M.E.P. & P. RR Company Survey, Abstract No. 1144, the T. G. Wright Survey, Abstract No. 1136, and the Matthew Ashton Survey, Abstract No. 8, all of Tarrant County, Texas; the Matthew Ashton Survey, Abstract No. 1, Wise County, Texas; and the Matthew Ashton Survey, Abstract No. 1, Denton County, Texas. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 22 of 34 Ms. Cathy Davidson, representing the Development Department, appeared before the City Council, presented a staff report and advised that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of October 9, 2001. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of approximately 2,089.587 acres of land out of the Greenberry Overton Survey, Abstract No. 1185, the William Bramlet and H. R, Ryan Survey, Abstract No. 227, the M.E.P. & P. RR Company Survey, Abstract No. 1144, the T. G. Wright Survey, Abstract No. 1136, and the Matthew Ashton Survey, Abstract No. 8, all of Tarrant County, Texas; the Matthew Ashton Survey, Abstract No. 1, Wise County, Texas; and the Matthew Ashton Survey, Abstract No. 1, Denton County, Texas, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation Case second public hearing for the annexation of approximately 226 No. AAX-01-1002 acres of land out of the Jose Chirino Survey, Abstract No. 265, Tarrant County, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Cathy Davidson, representing the Development Department, appeared before the City Council, presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of October 9, 2001. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of approximately 226 acres of land out of the Jose Chirino Survey, Abstract No. 265, Tarrant County, Texas, Council Member Silcox made a motion, seconded by Council Member Wentworth, that the public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 23 of 34 Regular Zoning It appeared to the City Council that Resolution No. 2763 was Hearing adopted on August 14, 2001 setting September 11, 2001, 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 August 21, 2001. On September 11, 2001, said zoning cases were continued until today, Tuesday, September 18, 2001. Mayor Barr asked if there was anyone present desiring to be heard. Z-01-103 Mayor Pro tempore stated that a letter had been received from the Continued Until applicant requesting this zoning case be continued until November November 13, 13, 2001 and made a motion, seconded by Council Member 2001 Wentworth, that the application of TX Housing & Economic 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-01-103, be continued until November 13, 2001. The motion carried unanimously. Z-01-090 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of Deborah Muse by Mark Muse for a change in zoning of property located at 6108 Willard Road from "B" Two-Family to "FR" General Commercial Restricted, Zoning Docket No. Z-01-090, be approved. The motion carried unanimously. Z-01-091 Mr. Thad Brundrett, 777 Main Street, appeared before Council and Approved stated that the Hillcrest Estates Homeowners Association had received a letter from Mr. Collins and submitted copies of the letter for the record. He added that the letter stated that all future homeowners would be notified of the existence of the airport and its operation, and identified a parcel on the preliminary plat to be designated as a Runway Protection Zone. The letter further stated that the parcel would remain undeveloped until the airport ceases operation or is modified or terminated as described in the deed. Mr. Brundrett stated that the neighborhood association agreed with this provision and recommended approval of the zoning change. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 24 of 34 Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of Don W. Collins for a change in zoning of property located in the 3700-4100 Blocks of Keller Haslet Road (SE Corner of Alta Vista) from "AG" Agricultural to "A- 5", "A-7.5" One-Family, "E" Neighborhood Commercial, and "ER" Neighborhood Commercial Restricted, Zoning Docket No. Z-01- 091, be approved. The motion carried unanimously. AZC-01-1001 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of David Lee Dangerfield for a change in zoning of property located at 6162 Meandering Road from "B" Two-Family to "PD/SU" Planned Development/Specific Use for continued use of three dwelling units on one lot with waiver of site plan recommended, Zoning Docket No. AZC-01-1001, be approved. The motion carried unanimously. AZC-01-1003 Council Member Davis made a motion, seconded by Council Approved Member Moss that the application of Jose Rivas for a change in zoning of property located at 3221 Prairie Avenue from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. AZC-01-1003, be approved. The motion carried unanimously. AZC-01-1004 It appeared to the City Council that they set today as the date for a Ord. # 14780 hearing in connection with Zoning Docket No. AZC-01-1004, Text Text Amendment 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, Chapter 9, "Definitions", amend the definition of "Residential District" to include "Low Intensity Mixed Use (`MU-1') District", "High Intensity Mixed-Use (`MU-2') District" and Planned Development Districts that allow residential uses; excluding sexually oriented businesses as permitted use in the "MU-2" District, Zoning Docket No. AZC-01- 1004. Mayor Barr asked if there way anyone present desiring to be heard. There being no one else present desiring to be heard, Council Member Davis made a motion, seconded by Council Member Silcox, that Ordinance No. 14780 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, Chapter 9, "Definitions", amend the definition of "Residential District" to include "Low Intensity Mixed Use (`MU- 1') District", "High Intensity Mixed-Use (`MU-2') District" and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 25 of 34 Planned Development Districts that allow residential uses; excluding sexually oriented businesses as permitted use in the "MU-2" District, Zoning Docket No. AZC-01-1004, be approved. The motion carried unanimously. AZC-01-1008 Council Member Moss made a motion, seconded by Council Approved Member Silcox, that the application of Shell Oil Company by Steve McKeever, for a change in zoning of property located at 13650 FAA Boulevard from "F" General Commercial to "A-5" One-Family Residential, Zoning Docket No. AZC-01-1008, be approved. The motion carried unanimously. AZC-01-1011 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Keller Joint Ventures by Carter & Burgess, for a change in zoning of property located at the Northwest corner of Park Vista Boulevard and Keller Hicks Road from "A-5" One-Family and "C" Medium Density Multi-Family to "A-5" One-Family Residential and "CF" Community Facilities, Zoning Docket No. AZC-01-1011, be approved. The motion carried unanimously. AZC-01-1012 Council Member Haskin expressed concern with the lot size for the ASP-01-1002 "AR" One-Family Restricted Residential Dwelling zoning. She Approved added that she had been approached by several residents in this area who requested the lot sizes be increased to allow larger homes and less density. She noted that one of the proposed dwellings did not have an entry that faced the street and that she could not support such development. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the developer, appeared before Council and stated that the development was consistent with development to the north of the area. He added that this was an appropriate land use for this area and the purpose of the requested zoning change was to provide 5-foot side yards on the properties. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the application of Keller Joint Ventures by Carter and Burgess, for a change in zoning of property located at the Northeast corner of Park Vista Boulevard and Keller Hicks Road from "E" Neighborhood Commercial to "PD/AR" Planned CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 26 of 34 Development for all uses in "AR" One-Family Restricted Residential Dwellings with five foot side yards, Zoning Docket No. AZC-01-1012 and Site Plan No. ASP-01-1002, be continued for one month to allow Council to discuss the zoning change Council Member Wentworth made a substitute motion, seconded by Council Member Silcox, that the application of Keller Joint Ventures by Carter and Burgess, for a change in zoning of property located at the Northeast corner of Park Vista Boulevard and Keller Hicks Road from "E" Neighborhood Commercial to "PD/AR" Planned Development for all uses in "AR" One-Family Restricted Residential Dwellings with five foot side yards, Zoning Docket No. AZC-01-1012 and Site Plan No. ASP-01-1002, be approved. Council Member Davis asked City Manager Jackson to provide a briefing to the Council relative to the concentration of development in this area to assist them in evaluating requests for zoning changes. Mr. Jackson stated that he and staff had met with school superintendents in each district on September 7, 2001 to inform them of the zoning designations on property that was currently undeveloped in their areas. He added that he would provide each Council Member with the information folder from that meeting. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox; Picht; and Wentworth NOES: Council Members Haskin; Moss; and Davis ABSENT: Council Member Lane AZC-01-1013 Mayor Barr stated that staff had requested this case be continued Continued Until until October 9, 2001. October 9, 2001 Council Member Davis made a motion, seconded by Council Member Moss, that the application of CYTEC Industries by City of Fort Worth by Tom Higgins, for a change in zoning of property CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 27 of 34 located at 500 North Commerce, East of N. 5t" Street, from "J" Medium Industrial to "MU-2" High Density Mixed Use, Zoning Docket No. AZC-01-1013, be continued until October 9, 2001. The motion carried unanimously. ASP-01-1003 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Tempcool Inc. by Kevin Ritter, amending "PD-113" site plan to add convenience store at 4304 Hemphill Street, Site Plan No. ASP-01-1003, be approved. The motion carried unanimously. AZC-01-1014 Council Member Haskin made a motion, seconded by Council Approved Member Davis that the application of Hillwood Alliance Residential, LP by Bill McNabb, for a change in zoning of property located at 4851 Shiver Road from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. AZC-01-1014, be approved. The motion carried unanimously. Z-01-088R Council Member Wentworth made a motion, seconded by Council SP-01-016R Member Davis, that the application of Academy Investments, L.P.I. Approved by Jerry Detweiler, for a change in zoning of property located at 3712 through 3738 Clarke Avenue from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for Residential with "AR" Residential Development Standards, with 10-foot side yards on east side of each lot, two-car garages, and rear entry only from paved alley, Zoning Docket No. Z-01-088R and Site Plan No. SP-01- 016R, be approved. The motion carried unanimously. AZC-01-1040 Council Member Picht asked Mr. Ray if a one-week delay would ASP-01-1001 cause any undue hardship on this development. Doug Ray Mr. Doug Ray, 2730 Colt Lane, Crowley, Texas, appeared before Council and stated that the one-week delay would create a hardship. He stated that the City informed them that he was in compliance to begin construction and after staking the property they were stopped by the City after four days because the City did not process the construction permits. Council Member Picht asked staff to provide clarification on the construction of this development. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 28 of 34 Mr. John Garfield, representing the Development Department, stated that Mr. Ray had their building plan approved but because the development was for Multi-Family, they had to submit a unified site plan. When development did a review of the site plan it was determined that the density was too high to meet the standards for the lot and therefore they had to go back through the zoning process to approve the four units on this lot. Council Member Picht made a motion, seconded by Council Member Davis, that the application of Doug Ray for a change in zoning of property located at 6325 Granbury Road from "CR" Low- Density Multi-Family to "PD/SU" Planned Development/Specific Use for a four-plex, Zoning Docket No. AZC-01-1040 and Site Plan No. ASP-01-1001, be approved. The motion carried unanimously. AZC-01-1029 Council Member Moss made a motion, seconded by Council Approved Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of various properties described below from "AG" Agricultural to "A-5" and "A-43" One-Family, Zoning Docket No. AZC-01-1029, be approved. The motion carried unanimously. Z-01-017 The following residents appeared before Council in opposition of Approved the zoning change for tracts as indicated: Continued and Set for Special Mr. Vaughn Bailey 3340 Camp Bowie Blvd. Hearing on Tract 26 November 13, Mr. Ernest Thomas 5928 Baylor 2001 Tract 24 Vaughn Bailey, Stephen A. Myers 5720 Ensign Dr. W. Ernest Thomas, Tracts 26 and 27 Sam Gibbons Ms. Judith Gaylord 5716 Ensign Dr. E. Stephen Myers Tracts 26 and 27 Judith Gaylord Mr. Bob Williams 6116 N. Central Expressway #200 Bob Williams Tracts 8, 9, and 24 Dallas, TX The following residents appeared before Council in support of the Zoning Commission denial of the zoning change for tracts as indicated: Mr. Vaughn Bailey 3340 Camp Bowie Blvd. Tract 17 Mr. Sam Gibbons 441 Haltom Rd Tracts 4, 5, 6 and 15 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 29 of 34 Council Member Davis asked Mr. Moss if this case could be delayed in order to conduct a workshop with the Council to provide additional information relative to the rezoning. Mr. Moss stated that only a few residents were in opposition but the vast majority was in favor of the rezoning. He made a motion, seconded by Mayor Pro tempore, that the application of the City of Fort Worth Planning Department for a change in zoning of tracts 1, 2, 3, 11, 16, 18, 19, 20, 22, 23, and 28, from "B" Two-Family, "C" Medium Density Multi-Family, "E" Neighborhood Commercial, "FR" General Commercial Restricted "PD-81", "I" Light Industrial, "IP" Industrial Park, "J" Medium Industrial and "MH" Manufactured Housing to "A-5", "A-7.5" and "A-10" One-Family, Zoning Docket No. Z-01-017, be approved. Council Member Davis made a substitute motion, seconded by Council Member Wentworth, that the application of the City of Fort Worth Planning Department for a change in zoning of various properties described below, from "B" Two-Family, "C" Medium Density Multi-Family, "E" Neighborhood Commercial, "FR" General Commercial Restricted "PD-81", "I" Light Industrial, "IP" Industrial Park, "J" Medium Industrial and "MH" Manufactured Housing to "A-5", "A-7.5" and "A-10" One-Family, Zoning Docket No. Z-01-017, be continued and set for a special hearing until November 13, 2001 and directed staff to schedule a special Council workshop to discuss the rezoning of this area along with some sort of tour of the area. Approved by Zoning Commission: Tract 1 2600-2700 Block of Quail Road 5800-6500 Block of Willard Road Tract 2 6500 Block of Henco Road 2600-2700 Block of Quail Road 5800-6500 Block of Willard Road Tract 3 2600-2700 Block of Quail Road Tract 8 5800-6000 Block of Grayson Tract 9 5800-6000 Block of Eastland Street 5800-6000 Block of Grayson Street Tract 11 3800-4300 Block of S. Cravens Road 5800-5900 Block of Oakdale Drive CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 30 of 34 Tract 16 5700-6500 Wilbarger Road Tract 18 4200-5900 Block of E Loop 820 S Tract 19 4200-5900 Block of E Loop 820 S Tract 20 4200-5900 Block of E Loop 820 S 5700 Block of Martin Street Tract 22 5700 Block of Martin Street Tract 23 5700 Block of Martin Street Tract 24 4200-5900 Block of E Loop 820 S 5400-5700 Block of David Strickland Road 5400-6000 Block of Laster Road 5400-5700 Block of Vesta Farley Road 5400-5600 Block of Sun Valley Drive 5500-5700 Block of Kaltenbrun Road Tract 26 4200-5900 Block of E Loop 820 S 5500-5700 Block of E IH 20 5720 Block of Ensign Drive West Tract 27 4200-5900 Block of E Loop 820 S Tract 28 4200-5900 Block of E Loop 820 S Denied by Zoning Commission: Tract 4 6300 Block of Elizabeth Road Tract 5 6313 Dowdell Road Tract 6 3800-4300 Block of S. Cravens Road Tract 10 5700-6500 Wilbarger Road 3800-4300 Block of S. Cravens Road Tract 15 5700-6500 Wilbarger Road Tract 17 5700-6500 Wilbarger Road The motion carried unanimously. AZC-01-1009 Council Member Haskin made a motion, seconded by Council Approved/Denied Member Davis, that the application of KD Arcadia Park and JDI Investors by Carter and Burgess, for a change in zoning of property located at the Northeast corner of North Tarrant Parkway and Old Denton Road (N Riverside Drive) described as 181.29 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 31 of 34 acres from "AG" Agricultural, "AR" One-Family Restricted, "R-1" Zero Lot Line/Cluster Residential, "C" Medium Density Multi- Family and "E" Neighborhood Commercial to "A-5" & "A-7.5" One- Family Residential, "C" Medium Density Multi-Family and "CF" Community Facilities, Zoning Docket No. AZC-01-1009, be approved, and that the portion described as 14.31 acres from "AG" Agricultural, and "AR" One-Family Restricted, to "C" Medium Density Multi-Family, Zoning Docket No. AZC-01-1009, be denied. The motion carried unanimously. AZC-01-1026 Council Member Haskin a motion, seconded by Mayor Pro tempore Approved/Denied McCloud, that the application of City of Fort Worth Planning Without Department for a change in zoning of various properties described Prejudice as below, Zoning Docket No. AZC-01-1026, be approved/denied, as Reflected reflected: Approved: Subarea 1: From "AG" Agricultural to "I" Light Industrial Subarea 2: From "AG" Agricultural to "K" Heavy Industrial Subarea 4: From "AG" to "K" Heavy Industrial Subarea 5: From "AG" Agricultural to "FR" Neighborhood Commercial Restricted and "I" Light Industrial Subarea 6: From "AG" Agricultural to "G" Intensive Commercial Subarea 7: From "AG" Agricultural to "I" Light Industrial Subarea 8: From "AG" Agricultural to "A-5" One-Family Denied Without Prejudice: Subarea 2: From "AG" Agricultural to "K" Heavy Industrial Subarea 8: From "AG" Agricultural to "A-5" One-Family The motion carried unanimously. AZC-01-1028 Council Member Picht made a motion, seconded by Council Approved/Denied Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property described as Subarea 1 from "AG' Agricultural to "A-5" One-Family, Zoning Docket No. AZC-01-1028, be approved and that Subarea 3 from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. AZC-01- 1028, be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 32 of 34 Z-01-032 It appeared that the City Council, at its meeting of July 24, 2001, Continued Until continued the hearing of Zoning Docket No. Z-01-032, Text October 23, 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 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. 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, Council Member Silcox made a motion, seconded by Council Member Wentworth, that Zoning Docket No. Z-01-032, be continued until October 23, 2001. The motion carried unanimously. Z-01-075 Council Member Davis made a motion, seconded by Council Denied Member Silcox, that the application of Pilar and Silvia Silva by Norte Architects, Inc. for a change in zoning of property located at 2340 and 2344 N Chandler Drive E from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. Z-01-075, be denied. See Letter of Appeal. The motion carried unanimously. Z-01-039 Council Member Silcox made a motion, seconded by Council SP-01-006 Member Picht, that the application of Lowes Home Improvement Approved 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 to include tool and equipment rental facility, Zoning Docket No. Z-01- 039 and Site Plan No. SP-01-006, be approved. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 18, 2001 PAGE 33 of 34 Council Member Haskin expressed concern relative to the additional 54 parking places and outside storage containers. Mr. Garfield replied that the original zoning allowed for the 54 spaces and under the large retail regulation ordinance, outside storage containers were now permitted. After a lengthy discussion, the motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Moss; Picht, and Wentworth NOES: Council Members Haskin and Davis ABSENT: Council Member Lane 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 Silcox made a motion, seconded by Council Member Picht, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14781 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 SEPTEMBER 18, 2001 PAGE 34 of 34 Recessed and The Council recessed in to a brief Executive Session at 9:15 p.m. Reconvened and reconvened at 9:30 p.m. Adjournment There being no further business, the meeting was adjourned at 9:30 p.m. CITY S ARY MAYOR