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HomeMy WebLinkAbout1999/05/18-Minutes-City Council CITY COUNCIL MEETING MAY 18, 1999 Date & Time On the 18th day of May, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:40 a.m., in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Jim Lane, Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; Deputy City Attorney William Wood; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Jacquetta Chambers, McMillian United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the minutes of the regular meeting of May 11, 1999 were approved unanimously. Special Council Member Haskin presented a Proclamation to Dr. Presentations/ Betty McDaniel representing the Tarrant County Veterinary Introductions Medical Association for Bite Prevention Week. Also present were Jay Sabatucci representing the Texas Department of Health, and Kelly Westbrook, Education Officer for Fort Worth Animal Services. Dr. McDaniel thanked the Council for the proclamation. Dr. Sheila Mills, Principal of Westcliff Elementary School and 15 of her students presented the City with birthday cards commemorating the City's 150th celebration. Mr. Steve Jones, their Spanish teacher led the students in singing happy birthday to the City of Fort Worth, and recognized Mayor Barr's birthday on May 22, 1999 by singing happy birthday to him. Council Member Hirt expressed her appreciation to her family, Council Aide, City staff, and Mayor and Council for all the support they provided her during her tenure in office. CITY COUNCIL MEETI FORT WORTH, TEXAS MAY 18, 1999 PAGE 2 of 20 Administration of The Oath of Office was administered by Mrs. Pearson to Oaths of Office to Council Members Elect Jim Lane, Chuck Silcox, Becky Council Members Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, Ralph McCloud and Wendy Davis. Council Member Davis assumed her seat at the Council table. Administration of The Oath of Office was administered by Mrs. Pearson to Oath of Office to Mayor Elect Kenneth Barr. Mayor Barr Remarks of Newly Council Member Davis stated that she is honored to Elected City Council represent District 9. She recognized several members of Members & Mayor her family and thanked them and the volunteers who worked so hard during her campaign. She thanked Dan Roberts and David Minor, candidates for District 9, for running issue-oriented and positive campaigns. She also expressed her appreciation to Cathy Hirt for all the work she had done in District 9. Council Member Moss stated that he was excited about starting his first full term in office and recognized his son and father in the audience. He expressed his appreciation for all the support he had received from the citizens in District 5. Mayor Pro tempore Lane thanked the citizens in District 2 and asked all members of the Council to agree to work together in the next two years for the good of Fort Worth. Council Member Haskin thanked her family for the support they continue to provide her and recognized her mother and the foreign exchange student residing with the Haskin family. She expressed sincerest appreciation to Mary Lou Patterson, her campaign manager, for all the work she did in the campaign. Council Member Picht stated that he appreciated the confidence the citizens in District 6 had in him and recognized his wife and son. He also expressed his appreciation to Craig Murphy, his campaign manager, and Christopher Turner, his aide. Y +t COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 3 of 20 Mayor Barr and Mayor Pro tempore Lane made comments regarding Council Members working together and encouraged them to keep a positive tone when dealing with issues of the City. Election of Mayor Mayor Pro tempore Lane made a motion, seconded by Pro Tempore Council Member Wentworth, to elect Council Member McCloud as the new Mayor Pro tempore. The motion carried unanimously. Announcements Mayor Barr announced that a Public Hearing for the Lancaster Corridor Redevelopment Project would be held on May 24, 1999 at 5:30 p.m. at the Botanic Garden Center. Continued/Withdrawn Mr. Terrell requested that Mayor and Council Consent Agenda Communication Nos. P-8862 and P-8864 be removed from the Consent Agenda. Continued/Withdrawn Mr. Terrell requested that Mayor and Council By Staff Communication No. P-8864 be removed from consideration. Consent Agenda On motion of Council Member Lane seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. OCS-1062 There was presented Mayor and Council Communication Claims No. OCS-1062 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-1063 There was presented Mayor and Council Communication Res. # 2531 No. OCS-1063 from the Office of the City Secretary Zoning Hearing recommending that the City Council adopt Resolution No. 2531 Setting Regular Zoning Hearing for June 8, 1998. On motion of Council Member Haskin seconded by Council Member Wentworth, the motion carried unanimously. CITY COUNCIL MEETIN FORT WORTH, TEXAS MAY 18, 1999 PAGE 4 of 20 G-12562 There was presented Mayor and Council Communication Ord. # 13806 No. G-12562 from the City Manager recommending that the Fund Repairs to City Council: City Buildings and Reimburse Funds for 1. Adopt Supplemental Ordinance No. 13806 increasing Income Loss the estimated receipts and appropriations in the Insurance Fund in the amount of $637,748.52 from available funds for the purpose of funding repairs to City buildings and reimburse funds for income loss from the May 5, 1995 hail storm; and 2. Approve the transfer of$19,869.76 to the General Fund, and $5,751.00 to the Municipal Golf Fund. It was the consensus of the City Council that the recommendation be adopted. G-12563 There was presented Mayor and Council Communication Ord. # 13807 No. G-12563 from the City Manager recommending that the Public Rights-of-Way City Council adopt Ordinance No. 13807 granting a license Agreement with to Metricom, Inc. for use of public rights-of-way in the City Metricom, Inc. of Fort Worth for the purpose of constructing, maintaining and operating a wireless digital data communications radio network; requiring execution of a Public Right-of- Way Use Agreement between the City of Fort Worth and Metricom, Inc. regarding conditions and requirements related to the use of public rights-of-way in the City of Fort Worth and to the construction, maintenance and operation of a wireless digital data communications radio network and to the provision of related communications services to residents of the City of Fort Worth and to reasonable compensation to the City of Fort Worth for the use of the public rights-of-way. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted unanimously. G-12564 There was presented Mayor and Council Communication Ord. # 13808 No. G-12564 from the City Manager recommending that the Amending City Council approve Ordinance No. 13808 amending the Environmental Code Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article III, "Storm Water Protection" by the deletion of the preamble; and further amending said Chapter 12.5 by the amendment of Article III, "Storm Water COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 5 of 20 Protection," Division I, "General Provisions," Section 12.5- 300, "Definitions," by the addition of definitions for "Agricultural Storm Water Runoff," "Aquatic Monitoring Organism," "Best Management Practices," "Cellar Dirt," "CFR," "City," "Contaminated," "Contamination," Cosmetic Cleaning," Discharger," "Environmental Protection Agency," "Facility," "Fire Code," "Fire Department," "Fire Protection Water," "Harmful Quantity," Mobile Commercial Cosmetic Cleaning," "Municipal Separate Storm Sewer System," "National Pollutant Discharge Elimination System," "NOI," "Non-Point Source," "Notice of Intent," "NPDES," "NPDES Permit," "Operate," "Operator," "Person," "PH," "Point Source," "Pollutant," "Pollution," "Release," "State," "Storm Water," "Storm Water Discharge Associated with Industrial Activity," "Storm Water Pollution Prevention Plan," "SWPPP," "TAC," "Texas Pollutant Discharge Elimination System," "TPDES," "TSS (Total Suspended Solids)," "Uncontaminated," "USC," "Water in the State," "Waters of the United States," and "Wetland;" and further amending said chapter 12.5 by the amendment of Article III, "Storm Water Protection," Division I, "General Provisions," Section 12.5-302, "Discharge to MS4 Prohibited," Subsection (B), by the addition of a new subparagraph (17), providing for a new affirmative defense; and further amending said Chapter 12.5 by the amendment of Article III, "Storm Water Protection," by the addition of a new Division 3 entitled "Storm Water Discharges Associated with Industrial Activity, Including Construction Activity;" providing for the applicability of the article; providing access to regulated facilities; providing for the prohibition of unpermitted discharges; providing for the submission of NOls to the City; providing for strict compliance with permits; providing for the modification of storm water pollution prevention plans. On motion of Council Member Haskin, seconded by Council Member Picht, the recommendation was adopted unanimously. Public Hearing It appeared to the City Council that they set today as the Continued for One date for a public hearing and action concerning proposed Week Amendment to Land Use Assumptions, Capital Improvements Plan and Impact Fee Ordinance for Water and Wastewater. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 6 of 20 Mayor Barr asked it there was anyone present desiring to be heard. Lee Bradley, Jr., Director of the Water Department, appeared before the City Council and presented a staff report and requested that this item be continued for one week to allow further public input. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, to continue this item for one week. The motion carried unanimously. G-12566 There was presented Mayor and Council Communication Acceptance of Gift No. G-12566 from the City Manager recommending that the from Fort Worth City Council accept a gift of topiary plans for the Botanic Garden Club Garden from the Fort Worth Garden Club. On motion of Council Member Haskin, seconded by Council Member Wentworth the recommendation was adopted, with appreciation, unanimously. P-8857 There was presented Mayor and Council Communication Change Order to No. P-8857 from the City Manager recommending that the Purchase Agreement City Council authorize a change order to the purchase agreement with Village Ford of Lewisville, Inc. for the purchase of one additional four-door sedan for $14,812.00 and one additional long wide bed pickup truck with dual fuel capability and tool box for $21,217.00, with terms allowing payment in 30 days after receipt of the vehicles and freight at no-charge. It was the consensus of the City Council that the recommendation be adopted. P-8858 There was presented Mayor and Council Communication Purchase Agreement No. P-8858 from the City Manager recommending that the for Chiller City Council authorize: Maintenance Services 1. A purchase agreement with Johnson Controls for maintenance services for the City Hall Annex Building chiller; and 2. This agreement to begin May 18, 1999, and end on May 17, 2000, with renewal options for up to two successive one-year terms. @1TY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 7 of 20 It was the consensus of the City Council that the recommendation be adopted. P-8859 There was presented Mayor and Council Communication Purchase Agreement No. P-8859 from the City Manager recommending that the for HVAC Filters City Council authorize: 1. A purchase agreement for the purchase of HVAC filters from American Air Filter for use throughout the City of Fort Worth; and 2. This agreement to begin May 18, 1999, and end May 17, 2000, with options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8860 There was presented Mayor and Council Communication Purchase of Tandem No. P-8860 from the City Manager recommending that the Drum Portable City Council authorize the purchase of a tandem drum Roller portable roller for the City Services Department from Conley Lott Nichols Machinery Company for an amount not to exceed $44,125.00, f.o.b. Fort Worth, Texas, freight no-charge and net payment due at 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8861 There was presented Mayor and Council Communication Purchase Agreement No. P-8861 from the City Manager recommending that the for Ceiling Tile City Council authorize: Products 1. A purchase agreement for ceiling tile products from Cowtown Materials for use by the Transportation and Public Works Department, Building Services Division, based on the low bid with payment terms of two percent discount if paid in ten days, net payable in 20 days; and 2. This agreement to begin May 18, 1999, and end May 17, 2000, with options to renew for two terms. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 8 of 20 P-8862 There was presented Mayor and Council Communication Purchase of Hot Mix/ No. P-8862 from the City Manager recommending that the Cold Lay Asphalt City Council authorize: 1. A purchase agreement with APAC-Texas, Inc. to furnish hot mix/cold lay asphalt products to the City of Fort Worth based on the low bid of $26.58/ton, f.o.b. Fort Worth, freight no-charge, with payment terms of net 30 days; and 2. This agreement to begin May 18, 1999, and expire May 17, 2000, with options to renew for two additional years. Mr. Terrell stated that the amount reflected in recommendation number one should reflect the low bid as being $27.80 per ton instead of$26.58. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud to approve Mayor and Council Communication No. P-8862, as amended. The motion carried unanimously. P-8863 There was presented Mayor and Council Communication Purchase Agreement No. P-8863 from the City Manager recommending that the for Topsoil City Council authorize: 1. A purchase agreement with McCauley Dirt Company, Inc. to furnish topsoil for the City of Fort Worth based on the low bid of $10.50/cubic yard, f.o.b. Fort Worth, freight no-charge, with payments terms of net 30 days; and 2. This agreement to begin May 18, 1999, and expire May 17, 2000, with options to renew for two additional years. It was the consensus of the City Council that the recommendation be adopted. TY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 9 of 20 P-8864 There was presented Mayor and Council Communication Purchase Agreement No. P-8864 from the City Manager recommending that the to Furnish Dog and City Council authorize: Cat Food Withdrawn 1. A purchase agreement with Mann Farm and Ranch to furnish dog and cat food for the City of Fort Worth based on the low bid, f.o.b. Fort Worth, freight no- charge, with payment terms of net 30 days; and 2. This agreement to begin May 18, 1999, and expire May 17, 2000, with renewal options for two additional years. It was the consensus of the City Council that this item be withdrawn from the agenda. P-8865 There was presented Mayor and Council Communication Purchase Agreement No. P-8865 from the City Manager recommending that the for Grass Seed and City Council authorize: Sod 1. An annual purchase agreement for grass seed and sod from Thomas Brothers Grass, ltd. for the City of Fort Worth with payment terms of net 30 days; and 2. This agreement to begin May 18, 1999, and expire May 17, 2000, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-8866 There was presented Mayor and Council Communication Purchase Agreement No. P-8866 from the City Manager recommending that the for Maintenance of City Council authorize: ViewDirect Software 1. A purchase agreement for maintenance of ViewDirect software for MVS for the Information Systems and Services Department with Mobius Management Systems, Inc. based on the documented sole source as follows; and Vendor Amount Bid Bid Item Mobius Management Systems,Inc. $ 2,930.76 Maintenance Core,Packet Production $14,653.80 10-month Maintenance Contract of ViewDirect MVS TOTAL $ 17,584.56 !f:1 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 10 of 20 2. This agreement to begin May 28, 1999, and end March 27, 2000. It was the consensus of the City Council that the recommendation be adopted. P-8867 There was presented Mayor and Council Communication Purchase Agreement No. P-8867 from the City Manager recommending that the for Turbine Water City Council authorize: Meters and Accessories 1. A purchase agreement for turbine water meters and accessories for the Water Department with Sensus Technologies, Inc. based on the low bid of unit prices meeting specifications. Payment terms are net 30 days from date of invoice, freight no-charge; and 2. This agreement to begin May 18, 1999, and expire May 17, 2000, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-8868 There was presented Mayor and Council Communication Rescind Purchase No. P-8868 from the City Manager recommending that the Agreement for City Council: Extermination Services 1. Rescind the purchase agreement with Mid-Cities Pest Control for extermination services; and 2. Award the purchase to the next low bidder, Pest Proof Extermination Services, with terms of net 30 days, f.o.b. destination, and freight no-charge. On motion of Council Member Council Member Haskin, seconded by Council Member Wentworth, the motion carried unanimously. P-8869 There was presented Mayor and Council Communication Reject Bid for Crack No. P-8869 from the City Manager recommending that the Sealer City Council authorize: 9TY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 11 of 20 1. Rejection of bid received for crack sealer on Runway 16U34R at Meacham International Airport (99-0113); and 2. Re-bid of the runway crack sealer with revised specifications. On motion of Council Member Lane, seconded by Council Member Council Member Haskin, the recommendation was adopted unanimously. L-12506 There was presented Mayor and Council Communication Amend CSC No. No. L-12506 from the City Manager recommending that the 11813, Improved City Council authorize the City Manager to execute an Ground Lease amendment to City Secretary Contract No. 11813, an Agreement improved ground lease with Texas Jet, Inc. at Fort Worth Meacham International Airport, to add 3,796 square feet of land to the existing leasehold. It was the consensus of the City Council that the recommendation be adopted. C-17428 There was presented Mayor and Council Communication Walt Williams No. C-17428 from the City Manager recommending that the Construction City Council authorize the City Manager to execute a Company, Inc. contract with Walt Williams Construction Company, Inc. in the amount of $122,873.50 for the reconstruction of Brady Avenue from Carolyn Road to Granbury Road. It was the consensus of the City Council that the recommendation be adopted. C-17429 There was presented Mayor and Council Communication S.J. Louis No. C-17429 from the City Manager recommending that the Construction City Council authorize the City Manager to execute a contract with S.J. Louis Construction, Inc. in the amount of $1,036,880.00 for construction of Sanitary Sewer Main 253A Rehabilitation near the Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. C-17430 There was presented Mayor and Council Communication Amendment No. 1 to No. C-17430 from the City Manager recommending that the CSC No. 24223 with City Council authorize the City Manager to execute Multatech Amendment No. 1 to an engineering agreement with Engineering, Inc. Multatech Engineering, Inc., City Secretary Contract No. 24223, for design and construction management of the CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 12 of 20 addition of a digester gas fired engine/generator at the Village Creek Wastewater Treatment Plant, increasing the total fee by $37,884.00 for a total of$563,545.00. It was the consensus of the City Council that the recommendation be adopted. C-17431 There was presented Mayor and Council Communication Symington Solutions No. C-17431 from the City Manager recommending that the City Council authorize the City Manager to enter into a contract with Symington Solutions for the procurement of an automated purchasing system, the development of an automated accounts payable system, and the modifications of these systems to interface with the City's existing financial system, MARS, at a not to exceed fee of $75,500.00. It was the consensus of the City Council that the recommendation be adopted. C-17432 There was presented Mayor and Council Communication Friends of the Old No. C-17432 from the City Manager recommending that the Fire Station 10 City Council: 1. Authorize the transfer of $40,000.00 from Year XXIV Community Development Block Grant unprogrammed funds to Friends of the Old Fire Station 10 for rehabilitation of the Old Fire Station 10 facility; and 2. Authorize the City Manager to execute a contract with Friends of the Old Fire Station 10 for rehabilitation of this facility. On motion of Council Member Haskin, seconded by Council Member Wentworth, the recommendation was adopted unanimously. It appeared to the City Council that Resolution No. 2519 was adopted on April 20, 1999, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011, 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 April 30, 1999. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 13 of 20 Z-99-020 Council Member Moss made a motion, seconded by Approved Council Member Lane, that the application of Joyce Marie Simmons for a change in zoning of property located at 4120 Crenshaw Avenue, from "B" Two-Family to "E" Commercial, Zoning Docket No. Z-99-020, be approved. The motion carried unanimously. Z-99-043 Council Member Wentworth made a motion, seconded by Approved Mayor Pro tempore McCloud, that the application of M.P.A. Foundation for a change in zoning of property located in the 3100 Block of Camp Bowie Blvd., from "D" Multi- Family and "G" Commercial to "CF" Community Facilities, Zoning Docket No. Z-99-043, be approved. The motion carried unanimously. Z-99-046 Mayor Pro tempore McCloud made a motion, seconded by Approved Council Member Wentworth, that the application of Fort Worth Habitat for Humanity for a change in zoning of property located at 1100 E. Hattie Street, from "F" Commercial to "A" One-Family, Zoning Docket No. Z-99- 046, be approved. The motion carried unanimously. Z-99-048 Council Member Moss made a motion, seconded by Approved Council Member Lane, that the application of R.B. Stallcup by James R. Jennings for a change in zoning of property located at 11240 Mosier Valley Road, from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. Z-99- 048, be approved. The motion carried unanimously. Z-99-052 Council Member Wentworth made a motion, seconded by Approved Mayor Pro tempore McCloud, that the application of Timberland Creek Companies, Inc. - Jim Chambers by Three B. Whispering Oaks, Ltd. for a change in zoning of property located in the 6200 Block of Ten Mile Bridge Road, from "AG" Agricultural to "A" One-Family, Zoning Docket No. Z-99-052, be approved. The motion carried unanimously. Z-99-054 Council Member Wentworth made a motion, seconded by Approved Mayor Pro tempore McCloud, that the application of Kelly B. Clark by Ernest Hedgcoth for a change in zoning of property located at 9900 Jacksboro Highway from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. Z-99- 054, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 14 of 20 Z-99-055 Council Member Lane made a motion, seconded by SP-99-010 Council Member Picht, that the application of Alliance Air Approved Services by Carter & Burgess for a change in zoning of property located at 2221 Alliance Blvd., from "K" Heavy Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "K" Heavy Industrial plus an aircraft fueling station, Zoning Docket No. Z-99-055, and Site Plan No. SP- 99-010, be approved. The motion carried unanimously. Z-99-057 Council Member Lane made a motion, seconded by Approved Council Member Wentworth, that the application of Joe Pena for a change in zoning of property located at 3102 Refugio Avenue, from "E" Commercial to "B" Two-Family, Zoning Docket No. Z-99-057, be approved. The motion carried unanimously. Z-99-053 Council Member Moss made a motion, seconded by Approved Council Member Lane, that the application of Jim Austin for a change in zoning of property located at 4024 and 4025 Burton Avenue and 4026 Forbes, from "B" Two- Family to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial except sale of alcoholic beverages for off-premise consumption, plus mixed use of office/retail and apartments, with site plan required (see Z- 98-166R and SP-99-008), Zoning Docket No. Z-99-053, be approved. The motion carried unanimously. SP-99-008 Council Member Moss made a motion, seconded by Approved Council Member Lane, that the application of Renaissance Village for a site plan on property located at 4024, 4025, 4100, 4101, 4104, 4105, 4109, 4113 Burton Avenue; 4026, 4028, 4036, 4040, 4104 Forbes; 3000 3004, 3006, 3008 Miller; 4117 and 4119 E. Berry, Site Plan for all uses in "E" Commercial except sale of alcoholic beverages for off- premise consumption, plus mixed use of office/retail and apartments, be approved. Approval is subject to vacation of Burton Ave. and incorporation into site plan with parking as shown (See Z-98-166R and Z-99-053). The motion carried unanimously. Z-98-166R Council Member Moss made a motion, seconded by Approved Council Member Lane, that the application of Omni Group, Inc. for a change in zoning of property located at 4028, CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 15 of 20 4036, 4040, 4104 Forbes; 3000, 3004, 3006, 3008 Miller; 4100, 4101, 4104, 4105, 4109, 4113 Burton Avenue; 4117 and 4119 E. Berry, from "B" Two-Family, "E" Commercial and "PD 177" to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial except sale of alcoholic beverages for off-premise consumption, plus mixed use of office/retail and apartments, Zoning Docket No. Z-98-166R, be approved. The motion carried unanimously. Z-99-021 B Council Member Picht made a motion, seconded by Denied Without Council Member Haskin, that the application of Hawkins Prejudice Custom Homes, L.P. for a change in zoning of property located in the 2300 Block of Sycamore School Road from "AG" Agricultural to "E" Commercial Zoning Docket No. Z- 99-21B, be denied without prejudice. Z-99-035 Council Member Davis made a motion, seconded by Denied Council Member Wentworth, that the application of Manor Properties by Jackson S. Wilson for a change in zoning of property located at 3229 and 3233 University Drive, from "C" Multi-Family to "E" Commercial, Zoning Docket No. Z- 99-035, be denied. The motion carried unanimously. Z-99-044 Council Member Moss made a motion, seconded by Denied Without Council Member Lane, that the application of Sealed Bid Prejudice DFW, L.P. for a change in zoning of property located at 1400 E. Hurst Blvd., from 11PD/226" Planned Development/Specific Use to "A" One-Family, Zoning Docket No. Z-99-044, be denied without prejudice. Mr. H. Dennis Hopkins, 6850 Manhattan Blvd., Suite 406, H. Dennis Hopkins represented the applicant and stated that a letter of appeal was on file and requested that Council deny this request for a change in zoning without prejudice. Mr. Jim Schell, 901 Fort Worth Club Building, represented Jim Schell Bell Helicopter and requested that this request be denied with prejudice. The motion carried unanimously. a 6417) CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 16 of 20 Special Hearing It appeared that the City Council, at its meeting of April 13, Z-99-031 1999, set today as the date for a Special Hearing on the application of AST Research, Inc. by Alexander Properties, L.L.C., dated March 10, 1999, for a change in zoning of property located in the 5900 Block of Mark IV Parkway, from "CR" Multi-Family, "F" and "G" Commercial to "C" Multi-Family; from "F" and "G" Commercial to "AR" Residential; and from "CR" Multi-Family, "F" and "G" Commercial to "A" One-Family, Zoning Docket No. Z-99- 031. (See Letter of Appeal). Mayor Barr asked if there was anyone present desiring to be heard. Mayor Barr excused himself from the Council table. Louis Zapata Mr. Louis Zapata, 1500 W. 5t" Street, briefed the Council on his efforts to satisfy the requirements of the City and of the citizens in this area. He asked for Council approval on the zoning change. Larry Stevens Mr. Larry Stevens, 2436 McAdoo Lane, representing the Northbrook Neighborhood Association, spoke in favor of the rezoning. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Wentworth, to close the Special Hearing and approve the application of AST Research, Inc. by Alexander Properties, L.L.C. for a change in zoning of the property located in the 5900 Block of Mark IV Parkway, from "CR" Multi-Family, "F" and "G" Commercial to "C" Multi-Family; from "F" and "G" Commercial to "AR" Residential; and from "CR" Multi-Family, "F" and "G" Commercial to "A" One-Family, Zoning Docket No. Z-99- 031. The motion carried unanimously. Mayor Barr assumed his place at the Council table. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Lane made a motion, seconded by Council Member Picht, that the Zoning Hearing be closed and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 17 of 20 ORDINANCE NO. 13809 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, 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. Public Hearing It appeared that the City Council set today as the date for a public hearing for the Appeal of the Order of the Building Standards Commission regarding 3625 Kearney Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. John Baker Mr. John Baker, 3625 Kearney, stated that he bought this property a year and a half ago and has done everything that Code Compliance has requested. He asked the Council to allow him to use the $16,000 fine to make improvements on the property. There being no one else desiring to be heard, Council Member Lane made a motion, seconded by Council Member Haskin, to close the public hearing and approve the recommendation of the Building Standards Commission regarding 3625 Kearney Avenue. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 18 of 20 Public Hearing It appeared to the City Council that the City Council on J.W. Steiner Survey April 20, 1999, approved the annexation timetable for the Abstract No. 1972 annexation of 2.604 acres of land out of the J.W. Steiner Survey, Abstract No. 1972, Tarrant County, Texas, situated at the southwest corner of Meadowbrook Drive and Dottie Lynn Parkway, setting today as the date for the second public hearing. Mayor Barr asked it there was anyone present desiring to be heard. Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and stated that the Odessy Group, Inc., owner of the property, has requested by letter that this item be withdrawn from consideration. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 2.604 acres of land out of the J.W. Steiner Survey, Abstract No. 1972, Tarrant County, Texas, situated at the southwest corner of Meadowbrook Drive and Dottie Lynn Parkway, Council Member Moss made a motion, seconded by Council Member Lane, that the second public hearing be closed and accept the request from the applicant to withdraw this item from consideration. The motion carried unanimously. Public Hearing It appeared to the City Council that the City Council on, John F. Heath Survey April 20, 1999, approved the annexation timetable for the Abstract No. 641 annexation of 111.833 acres of land out of the John F. Heath Survey, Abstract No. 641, Tarrant County, Texas, situated at the southwest corner of Dirks Road and Granbury Road, setting today as the date for the second public hearing. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and presented a staff report advising Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of June 8, 1999. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 19 of 20 There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 111.833 acres of land out of the John F. Heath Survey, Abstract No. 641, Tarrant County, Texas, situated at the southwest corner of Dirks Road and Granbury Road, Council Member Picht made a motion, seconded by Council Member Lane, that the second public hearing be closed and directed staff to prepare an annexation ordinance to be heard on June 8, 1999. The motion carried unanimously . Citizen Presentations Mr. Keith Ferguson, Associate Pastor at First St. John Keith Ferguson Baptist Church, addressed the Council regarding the number of accidents involving members of the church turning into the church's parking lot off East Berry Street. He stated that there are no signs or traffic lights in this area and asked for Council assistance in resolving this issue. Mayor Pro tempore McCloud informed Mr. Ferguson that he was aware of the problem and had brought it to the attention of the Transportation and Public Works Department. Beth Renfro Mrs. Beth Renfro, 6924 Norma Street, addressed the Council requesting a change in City ordinances to allow homesteaded homeowners the right to do repairs and/or additions to their homes. She attempted to enclose her back porch but was informed by the City that she must hire a contractor to do the work. Mayor Barr thanked Mrs. Renfro for bringing this item to the Council's attention and stated it was a concern of Council that citizens live in safe homes. He asked her to speak with Council Member Haskin and Daphne Polk in the City Manager's office to resolve her concerns. Walt Matzner Mr. Walt Matzner, 2733 Quinn Street, addressed Council regarding the proposed sanitary sewer service line between Quinn Street and Burchill Road. Mayor Barr informed him that this approach is being used all over the City and it is an effective way of using the trenchless sewer. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 1999 PAGE 20 of 20 Mayor Barr asked him to speak with Mayor Pro tempore McCloud and Daphne Polk regarding this issue. Executive Session It was the consensus of the City Council that the Council meet in closed session for the following purposes: 1. To seek the advice 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) Legal issues concerning benefits payable to deceased City employees b) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 c) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the sale, purchase, lease or value of real property, as authorized by Section 551.072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened The City Council reconvened into regular session at 12:10 p.m. Adjournment There being no further business, the meeting was adjo rned at 1 •52 p.m. &Akti . ( 'e �, �, 1:�ITYSECAETARY MAYOR