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HomeMy WebLinkAbout1998/08/11-Minutes-City Council f # r CITY COUNCIL MEETING AUGUST 11, 1998 Date & Time On the 11th day of August, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 7:00 p.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Chuck Silcox; Council Members Jim Lane, Becky Haskin, Clyde Picht, Jeff Wentworth, and Ralph McCloud; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Cathy Hirt was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Claude Loftus, East St. Paul Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the minutes of the regular meeting of July 28, 1998, were approved unanimously. Special Ms. Jaye McLaughlin and Members of the City Presentations Council presented Fort Worth Public Library Reading Club Certificates. Tracey Smith Mr. Tracey Smith announced and presented a written request to withdraw from the Run-off election. Canvass of Returns Mayor Pro tempore Silcox made a motion, seconded by Council Member McCloud, that the City Council adopt Resolution No. 2434 canvassing the returns of the Election and declaring the results of the Election held on August 8, 1998, and finding correct that Mr. Frank Moss be declared elected to City Council District 5. The motion to approve the r CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 2 resolution canvassing the returns was adopted unanimously. City Secretary Pearson advised the City Council that the official count of the City Council Election held on August 8, 1998, was completed on August 8, 1998, and the returns of the election, as reported by the presiding officers of each voting precinct who, upon their oath, stated the returns of their respective boxes were true and correct, were as follows: RETURNS OF THE CITY COUNCIL ELECTION AUGUST 8, 1998 The official count of the Special City Council election held on August 8, 1998, was completed on August 8, 1998, and the returns of the election, as reported by the presiding officers of each voting precinct who, upon their oath, stated that the returns of their respective boxes were true and correct, are as follows: MEMBER OF CITY COUNCIL - DISTRICT 5 Ben Arnold Morrison 181 Karl Bradley 176 Sharon Armstrong 128 Roosevelt F. Sutton, Jr. 132 Franklin D. Moss, Sr. 826 Amanda Lawrence 71 Tracey Neal Smith 354 Reby Cary 152 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 3 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON I, GLORIA PEARSON, City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct return of the total number of the votes polled for a candidate for City Council District 5 election held Saturday, August 8, 1998, as reported by the presiding officers of each voting precinct to the Tarrant County Election Administrator and by the Tarrant County Elections Administrator to me. 1s/Gloria Pears__ Gloria Pearson City Secretary City of Fort Worth, Texas Certificate of Election City Secretary Pearson presented Certificate of Election to Mr. Frank Moss. Calling Run-off There was presented a proposed ordinance Election ordering a Run-off Election for City Council District No. 5 by the qualified voters of that district, on Saturday, the 29th day of August, A. D., 1998, for the purpose of electing a Council Member for that District. On motion of Mayor Pro tempore Silcox, seconded by Council Member Haskin, the ordinance was denied. Withdrawn/ Mayor Barr disclosed that he had a banking Consent Agenda relationship with Bank One on Mayor and Council Communication Nos. PZ-2056 and L-12305. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 4 City Manager Terrell requested that Mayor and Council Communication No. C-16914 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member McCloud, seconded by Mayor Pro tempore Silcox, the consent agenda, as amended, was adopted unanimously. Ord. # 13540 On August 11, 1998, City Manager Terrell delivered 1st Reading of to each of the City Council Members a copy of the Appropriation Ord. proposed budget for FY 1998-99. for 1998-1999 FY Mayor Pro tempore Silcox introduced Ordinance No. 13540 on first reading setting forth an itemized estimate of the expense of conduction each department, division and Office of the Municipal Government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 1998, and ending September 30, 1999, and appropriating money for the various funds and purposes of such fund requirement on all outstanding general indebtedness; providing for public hearing upon this ordinance before the entire City Council sitting as a Committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for publication and final passage thereof. Council Member Raskin seconded the motion, and it carried unanimously. Introduced ordinance The proposed ordinance levying Ad Valorem Taxes levying Ad Valorem for the 1998 Fiscal Year Budget based on the City Taxes for 1998 Fiscal Manager's estimates was introduced. Year Budget CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 5 Res. # 2435 There was presented Resolution No. 2435 Setting Public recommending that the City Council adopt the Hearing for 1998 Tax resolution setting public hearing on proposed Taxes Increase for 1998 Based on the City Manager's Estimates. On motion of Council Member Wentworth, seconded by Council Member McCloud, the recommendation was adopted unanimously. Res. # 2436 There was presented Resolution No. 2436 Board of Directors appointing Kenneth Barr, Dwain Hughes, Bill for the Tax Increment Boecker,Michael Palmer, and Jeffrey Rattikin from Reinvestment Zone City of Fort Worth appointing entity; Rachel Number 3 Newman from the State Senator appointing entity; Libby Willis from the State Representative entity; Gary Manny from the Fort Worth ISD entity; and Roy Brooks from Tarrant County appointing entity as the Board of Directors for the Tax Increment Reinvestment Zone Number Three, Fort Worth, Texas. On motion of Mayor Pro tempore Silcox, seconded by Council Member Lane, the recommendation was adopted unanimously. OCS-1002 There was presented Mayor and Council Claims Communication No. OCS-1002 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-12293 There was presented Mayor and Council Payment of Attorneys Communication No. G-12293 from the City fees - Howell, Manager recommending that the City Council Dorman, Anderson, confirm the engagement of the law firm of Howell, Berg & Smyer Dorman, Anderson, Berg & Smyer, L.L.P. to represent Police Officer B. A. Johnson in the lawsuit styled Kenneth Carl Gillenwater vs. the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 6 City of Fort Worth and Barry Augustus Johnson, Police Officer, Individually and in the Course and scope of his employment, Cause No. 342-170684-97, and authorize the payment of reasonable attorney's fees not to exceed $26,000.00 . It was the consensus of the City Council that the recommendation be adopted. G-12294 There was presented Mayor and Council Ord. # 13541 Communication No. G-12294 from the City Business Assistance Manager recommending that the City Council Center authorize the transfer of $29,136.11 from the General Fund to the Special Trust Fund; and adopt Appropriation Ordinance No. 13541 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $45,817.77 from available funds for the purpose of funding the Fort Worth Business Assistance Center operations. It was the consensus of the City Council that the recommendation be adopted. G-12295 There was presented Mayor and Council Ord. # 13542 Communication No. G-12295 from the City National Fish & Manager recommending that the City Council adopt Wildlife Foundation Appropriation Ordinance No. 13542 increasing Challenge Grant appropriations in the Lake Worth Trust Fund in the amount of $57,600.00 from available funds to provide matching funds in connection with a Grant for the purpose of funding levee repair at the Fort Worth Nature Center, and authorize a payment in the amount of $57,600.00 to the National Fish and Wildlife Foundation from the Lake Worth Trust Fund as cash match for the challenge grant for the repair of a levee at the Fort Worth Nature Center and Refuge. It was the consensus of the City Council that the recommendation be adopted. • CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 7 G-12296 There was presented Mayor and Council Res. # 2437 Communication No. G-12296 from the City Acceptance of Grant Manager recommending that the City Council adopt from Criminal Justice Resolution No. 2437 authorizing acceptance of a Division $113,484 grant from the Criminal Justice Division of the Governor's Office for year two of the Diamond Hill Coalition After-School Program. It was the consensus of the City Council that the recommendation be adopted. G-12297 There was presented Mayor and Council Ord. # 13543 Communication No. G-12297 from the City Retirement Ord. Manager recommending that the City Council adopt Amendment and Ordinance No. 13543 amending Ordinance Nos. Restatement 2999, 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 48759 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 10385, 10564, 106073, 106799 111269 112389 114019 114129 115583, 116089 11716, and 12686 Codified as Chapter 2, Article VI, Division 1, entitled "Employees' Retirement Fund," of the Code of the City of Fort Worth (1986), as amended, which ordinances establish and provide for a Retirement System, Retirement Plan and Benefits thereunder for Employees of the City of Fort Worth; providing for a restatement of the retirement ordinance, including reorganization of the retirement ordinance document; updating for new legal dollar limits on compensation and benefits; clarifying the use of accumulated sick leave in calculating pension benefits; modifying the definition of vested retirement date; clarifying the calculation of compensation base when a member has less than five years of employment; providing for an alternative pension benefit form through which new retirees may elect to receive between five percent and 25 percent of the actuarial value of their CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 8 pension in a lump sum; providing that rehired members may buy-back prior service by repaying prior distributions pursuant to board policies; providing that disabled retirees will have their disability pensions terminated upon their failure to provide required documentation; increasing the pension death benefits paid to children of deceased members; allowing retired members to elect to actuarially reduce their pension to provide death benefits for their widow or widower if they were not married al least one year prior to their retirement; modifying the election procedures for employee and retiree board positions; providing that the City shall indemnify board members against losses, damages and expenses subject to City policies and programs, provided the board member was not grossly negligent and did not engage in willful misconduct. It was the consensus of the City Council that the recommendation be adopted. G-12298 There was presented Mayor and Council Res. # 2438 Communication No. G-12298 from the City Employment of Vial, Manager recommending that the City Council Hamilton, Koch & retain the law firm of Vial, Hamilton, Koch & Knox Knox - Outside as outside legal counsel, pursuant to Chapter VI, Counsel Section 3 of the City Charter, to assist the City Attorney in the case of L.G.'s Pawn Shop, Inc. V. Board of Adjustment of the City of Fort Worth, et al., Cause No. 67-169458-97; and adopt Resolution No. 2438 fixing in advance, as far as practicable, the sum to be paid to the law firm of Vial, Hamilton, Koch & Knox for its services in this lawsuit in an amount not to exceed $5,000.00. It was the consensus of the City Council that the recommendation be adopted. 0 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 9 G-12299 There was presented Mayor and Council Res. # 2439 Communication No. G-12299 from the City Employment of Hill Manager recommending that the City Council Gilstrap - Outside retain the law firm of Hill Gilstrap as outside legal Counsel counsel, pursuant to Chapter VI, Section 3 of the City Charter, to advise the City Council on issues regarding certain ordinances; and adopt Resolution No. 2439 fixing in advance, as far as practicable, the sum to be paid to the law firm of Hill Gilstrap for its legal services in an amount not to exceed $3,000.00. It was the consensus of the City Council that the recommendation be adopted. P-8663 There was presented Mayor and Council Purchase of One Communication No. P-8663 from the City Manager GVWR Van recommending that the City Council authorize the purchase of one 8.6 GVWR van from Classic Chevrolet for the City Services Department for an amount not to exceed $24,991, f.o.b. destination, freight no charge and payment terms of net 30 days; and the rejection of the bid received for one mid- size sedan. It was the consensus of the City Council that the recommendation be adopted. P-8664 There was presented Mayor and Council Purchase o f Communication No. P-8664 from the City Manager Flowering Plant recommending that the City Council authorize the purchase of flowering plants from Tommy's Greenhouses, based on the low bid per line item with terms of net ten days; and tulip bulbs from Van Waveren, Inc. based on low bid per line item, not to exceed $1,012.50 with payment terms of net 30 days. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 10 P-8665 There was presented Mayor and Council Purchase Agreement Communication No. P-8665 from the City Manager for Grass Seed and recommending that the City Council authorize a Sod purchase agreement for grass seed and sod with multiple vendors for the Water Department, based on the lowest bid per line item with payment terms of net 30 days, f.o.b. destination, with agreements to begin August 1, 1998, and end July 31, 1999, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8666 There was presented Mayor and Council Purchase Agreement Communication No. P-8666 from the City Manager for Raised Pavement recommending that the City Council authorize a Markers purchase agreement for raised pavement markers with Centerline Supply, Inc. on the basis of low bid with payment terms of net 30 days, freight no charge, with agreement to begin August 12, 1998, and expire August 11, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8667 There was presented Mayor and Council Purchase Agreement Communication No. P-8667 from the City Manager for Fire Fighting recommending that the City Council authorize a Foam purchase agreement for fire fighting foam with Chemguard, Inc. for the Fire Department with payment terms of net 30 days, f.o.b. destination freight prepaid and added, with agreement to begin August 18, 1998, and expire August 16, 1999, with two-one year options to renew. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 11 P-8668 There was presented Mayor and Council Purchase of Lawn Communication No. P-8668 from the City Manager M a i n t e n a n c e recommending that the City Council authorize the Equipment purchase of lawn maintenance equipment from multiple vendors for the Parks and Community Services Department based on the lowest qualifying bids meeting specifications. It was the consensus of the City Council that the recommendation be adopted. P-8669 There was presented Mayor and Council Purchase and Communication No. P-8669 from the City Manager Installation of a recommending that the City Council authorize the Miser D a t a purchase and installation of a Miser Data Acquisition & Acquisition & Control System with HSQ Control System Technology, on the basis of sole source, net 30 days, freight included, in an amount not to exceed $76,900.00. It was the consensus of the City Council that the recommendation be adopted. P-8670 There was presented Mayor and Council Purchase Agreement Communication No. P-8670 from the City Manager f o r Burglary recommending that the City Council authorize a Monitoring System purchase agreement for a burglary monitoring system and maintenance for the Parks and Community Services Department with Security Link from Ameritech, on sole source purchase on unit prices, with agreement to begin July 28, 1998, and expire July 27, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8671 There was presented Mayor and Council Purchase Agreement Communication No. P-8671 from the City Manager for Paint Preparation recommending that the City Council authorize Services modification of the purchase agreement with Real 0 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 12 Estate Restoration & Construction, Inc. for paint preparation services for the Housing Department reducing the awarded items to those numbered 1, 12, and 14; and award items numbered 2, 3, 5, 7, 9- 11, and 13 to the next low bidder, Security Construction, with payment terms of net ten days. It was the consensus of the City Council that the recommendation be adopted. P-8672 There was presented Mayor and Council N o n - e x c l u s i v e Communication No. P-8672 from the City Manager Purchase Agreements recommending that the City Council authorize non- for Residential exclusive purchase agreements for residential Demolition Services demolition services from A-1 Demolition, Lindamood Construction Co., Inc., and West Excavation Contractors, Inc., with agreements to begin on August 12, 1998, and expire on August 11, 1999, with options to renew for two additional one- year periods. On motion of Council Member McCloud, seconded by Council Member Lane, the recommendation was adopted unanimously. City Manager Terrell advised the City Council that this would save the City money in that the lowest bidder would be used first. The City would use the competitive bid process for demolition of Commercial and Multi-family structures. L-12295 There was presented Mayor and Council Direct Sale of City- Communication No. L-12295 from the City Owned Surplus Manager recommending that the City Council: Property 1. Approve the direct sale of the surplus City- Owned property described as being Lot 2A, Block 5, Lake Park Place Addition (1046 Pulaski); and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 13 2. Authorize the City Manager to execute the appropriate deed, conveying the property to the adjoining property owner, Antioch Missionary Baptist Church; and 3. Authorize Real Property Management and the Transportation and Public Works Department to release existing labor liens and paving liens filed by the City of Fort Worth on the property, so that the property may be conveyed free of encumbrances from the City; and, 4. Authorize the Revenue Office to pro-rate labor and paving charges attributable to the property described as stated above; and 5. Authorize Real Property Management to request the Tarrant County Tax Office to proportionately reduce the delinquent property taxes to the purchase amount tendered by the purchaser (less court costs, City labor and paving liens and management fee) on the property. It was the consensus of the City Council that the recommendation be adopted. L-12296 There was presented Mayor and Council Lease Agreement for Communication No. L-12296 from the City T-Hangar Nos. 14-S, Manager recommending that the City Council Unit F & 19-5, Unit 1 authorize the City Manager to execute T-Hangar Lease Agreements at Meacham International Airport with Cliff H. Beasley, M.D. and Frederick S. Hall. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 14 L-12297 There was presented Mayor and Council Consent to Communication No. L-12297 from the City Sublease by Air Manager recommending that the City Council Carrier Avionics, Inc. authorize the City Manager to execute a Consent to Sublease Agreement between Air Carrier Avionics, Inc. to Air Star Interiors, Inc., for hangar space inside Hangar 8 North at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12298 There was presented Mayor and Council Lease Renewal for a Communication No. L-12298 from the City Remote Transmitter Manager recommending that the City Council Site authorize the City Manager to execute a lease renewal with the Federal Aviation Administration for a Remote Transmitter Site at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12299 There was presented Mayor and Council Lease Agreement for Communication No. L-12299 from the City Aircraft and Office Manager recommending that the City Council Storage Units in T- authorize the City Manager to execute a lease Hangar 19 South agreement with David Bush for aircraft and office storage units in T-Hangar 19 South at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12300 There was presented Mayor and Council Acquisition of Communication No. L-12300 from the City Permanent Easement Manager recommending that the City Council approve the acquisition of two permanent sanitary sewer easements more fully described as Lot 8 and 9, Block 20, Broadmoor Addition, required for the installation of an 8-inch sanitary sewer line to serve the Broadmoor Addition, located just north of CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 15 Merydean Avenue, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-12301 There was presented Mayor and Council Acquisition of Communication No. L-12301 from the City Permanent Water Manager recommending that the City Council Easement approve the acceptance of one permanent water meter easement more fully described as James Eads Survey, Abstract 410, required for the development of water meters to serve Lots 2 and 3, Block 2 of the Alliance Center Addition, from Intel Corporation for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12302 There was presented Mayor and Council Lease Space for the Communication No. L-12302 from the City Police Department - Manager recommending that the City Council 3322 East Lancaster authorize the City Manager to execute a lease for 1,125 square feet of office space at 3322 East Lancaster Avenue from Karas Enterprises at a cost of$1.00 per year, and approve the lease term of one year commencing July 15, 1998, and expiring July 14, 1999, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-12303 There was presented Mayor and Council Lease Space for the Communication No. L-12303 from the City Police Department - Manager recommending that the City Council 729 Samuels authorize the City Manager to execute a lease for 450 square feet of office space at 729 Samuels Avenue from Samuels Avenue Baptist Church at a cost of$1.00 per year, and approve the lease term of one year commencing June 7, 1998, and expiring June 6, 1999, with two options to renew for one year each. It was the consensus of the City Council that CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 16 the recommendation be adopted. L-12304 There was presented Mayor and Council Lease Space for Communication No. L-12304 from the City Office Space at Manager recommending that the City Council Meacham Int.'l. authorize the City Manager to execute a lease Airport agreement with Charles Edmonds and Associates for 253 square feet of office space in Suite 228 on the second floor of the Terminal Building at Fort Worth International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12305 There was presented Mayor and Council Acquisition o f Communication No. L-12305 from the City Permanent Sanitary Manager recommending that the City Council Sewer Easement approve the acquisition of a permanent sanitary sewer easement more fully described as J. Collett Survey, Abstract 262, located on the southeast side of Ridgmar Boulevard, just east of Green Oaks Road, for $1,895.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2056 There was presented Mayor and Council Ord. # 13544 Communication No. PZ-2056 from the City Vacating approach Manager recommending that the City Council adopt R i g h t - o f - W a y Ordinance No. 13544 vacating three approach connected to Ridgmar Rights-of-way connected to Ridgmar Boulevard, to Blvd. the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. PZ-2057 There was presented Mayor and Council Ord. #13545 Communication No. PZ-2057 from the City Annexation 119.20 Manager recommending that the City Council Acres of Land out of approve Ordinance No. 13545 declaring certain the Z. D. Davis findings; providing for the extension of certain Survey boundary limits of the City of Fort Worth; providing for the annexation of a certain 119.020 Acres (0.019 Square Miles) of land, more or less, out CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 17 the Z. D. Davis Survey, Abstract No. 1888, Tarrant County, Texas, which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas, providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-16914 There was presented Mayor and Council Contract with Blue Communication No. C-16914 from the City Chip Limousine Manager recommending that the City Council authorize the City Manager to execute a contract with Blue Chip Limousine, Inc. to operate a limousine service in Fort Worth for a period of one year, beginning upon the execution of the contract, with an option for a one-year renewal. City Manager Terrell advised the Council that the term of the agreement on Mayor and Council Communication No. C-16914 should be corrected to read "for a period of one year, with a one year renewal." Council Member Lane made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-16914 be approved, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 18 C-16915 There was presented Mayor and Council Ord. # 13546 Communication No. C-16915 from the City Dept. Of Health and Manager recommending that the City Council: Human Services Centers 1. Authorize the City Manager to apply for and, if offered, accept and execute a grant contract with the Department of Health and Human Services Centers for Disease Control and Prevention (CDC), in the amount of $1,100,000.00; and 2. Adopt Appropriation Ordinance No. 13546 increasing the estimated receipts and. appropriations in the Grant Fund in the amount of $1,000,000.00 at a rate of $275,000.00 per year for a four year period subject to the receipt of the Grant from the Department of Health and Human Services Centers for Disease Control and Prevention for the purpose of funding violence prevention programs; and, 3. Apply indirect costs according to Administrative Regulation 3-15 using the most currently approved indirect cost rate of 22.93 percent of Salary and Fringe Benefits. It was the consensus of the City Council that the recommendation be adopted. C-16916 There was presented Mayor and Council Res. # 2440 Communication No. C-16916 from the City Texas Department of Manager recommending that the City Council adopt Transportation Resolution No. 2440 approving the receipt of funds from the Texas Department of Transportation (TxDOT) for improvements at Fort Worth Spinks .Airport (Airport), and authorize the City Manager to execute an Airport Project Participation CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 19 Agreement governing the receipt and use by the City of funds granted by TxDOT for improvements at the Airport. It was the consensus of the City Council that the recommendation be adopted. C-16917 There was presented Mayor and Council Ord. # 13547 Communication No. C-16917 from the City YMCA of Manager recommending that the City Council: Metropolitan Fort Worth & First Texas 1. Authorize the City Manager to apply for and Council of Camp Fire accept, if awarded, a grant from the Criminal Boys and Girls Justice Division of the Governor of Texas' Office in the amount of$85,988.00 to continue the Diamond Hill Coalition Program for the period of September 1, 1998, to August 31, 1999; and 2. Adopt Appropriation Ordinance No. 13547 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$85,988.00 from available funds for the purpose of funding Year III of the Diamond Hill Coalition After School Program; and 3. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the YMCA of Metropolitan Fort Worth in an amount not to exceed $59,440.00 and First Texas Council of Camp Fire Boys and Girls in an amount not to exceed $26,548.00 to carry out the purposes of this program. It was the consensus of the Citv Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 20 C-16918 There was presented Mayor and Council Consent Agreement Communication No. C-16918 from the City with Mercantile Manager recommending that the City Council Partners, L.P. authorize the City Manager, or his designee, to enter into a standard consent agreement with Mercantile Partners, L.P. authorizing use of the right-of-way for installation of a private storm drain crossing Aquarius Drive just north of Meacham Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-16919 There was presented Mayor and Council Ord. # 13548 Communication No. C-16919 from the City Conatser Manager recommending that the City Council: Construction, Inc. 1. Authorize the transfer of $1,420,753.50 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 13548 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $1,420,753.50 from available funds for the purpose of funding a contract with XLVII; and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of $1,269,323.50 for Sanitary Sewer Rehabilitation Contract XLVII (47). It was the consensus of the City Council that the recommendation be adopted. C-16920 There was presented Mayor and Council Change Order #3 Communication No. C-16920 from the Citv w i t h Co n a t s e r Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute Change CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 21 Order No. 3 to City Secretary Contract No. 23608 with Conatser Construction, Inc., in the amount of $29,950.00 to provide for additional pay item quantities, thereby increasing the contract amount to $340,951,50. It was the consensus of the City Council that the recommendation be adopted. C-16921 There was presented Mayor and Council Change Order #2 Communication No. C-16907 from the City Fortuna General Manager recommending that the City Council Services, Inc. authorize the City Manager to execute Change Order No. 2 to City Secretary Contract No. 23280 with Fortuna General Services, Inc., in the amount of $29,042.69, thereby increasing the contract amount to $992,216,46. It was the consensus of the City Council that the recommendation be adopted. C-16922 There was presented Mayor and Council Amendment No. 2 to Communication No. C-16922 from the City Eng. Agreement with Manager recommending that the City Council RJN Group, Inc. authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 21143 with RJN Group, Inc. In the amount of $28,420.00 to provide for additional design and survey services, thereby -increasing the contract amount to $506,297.00. It was the consensus of the City Council that the recommendation be adopted. C-16923 There was presented Mayor and Council Contract with Texas Communication No. C-16923 from the City Sterling Construction Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Texas Sterling Construction, Inc., in the amount of $289,944.50 for Main 36SR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 2), Part 8, Unit 2. It was the consensus of the City Council that the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 22 recommendation be adopted. C-16924 There was presented Mayor and Council Change Order No. 1 Communication No. C-16924 from the City with J. L. Bertram Manager recommending that the City Council Construction & Eng. authorize the City Manager to execute Change Co. Order No. 1 with J.L. Bertram Construction and Engineering, Inc. In the amount of $22,894.11 for the reconstruction of Travis Avenue (North of Capps to Bowie Street) and Capps Street (from Hemphill Street to Lipscomb Street) - Unit II, increasing the contract amount to $481,107.63. It was the consensus of the City Council that the recommendation be adopted. C-16925 There was presented Mayor and Council Change Order No. 2 Communication No. C-16925 from the City with Southland Manager recommending that the City Council Contracting, Inc. authorize the City Manager to execute Change Order No. 2 to City Secretary Contract No. 23560 with Southland Contracting, Inc. in the amount of $109,597.40, thereby increasing the contract amount to $1,469,437.40. It was the consensus of the City Council that the recommendation be adopted. C-16926 There was presented Mayor and Council Ord. # 13549 Communication No. C-16915 from the City Contract with the Manager recommending that the City Council: Department of Health and Human Services 1. Authorize the City Manager to apply for and, Centers if offered, accept and execute a grant contract with the Department of Health and Human Services Office of the Centers for Disease Control and Prevention (CDC), in the amount of$100,000.00; and s • CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 23 2. Adopt Appropriation Ordinance No. 13549 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00 contingent on the receipt of the grant award from the Department of Health and Human Services Office of the Centers for Disease Control and Prevention for the purpose of funding a contract with Cook Children's Community Clinics for asthma education and services; and, 3. Contract with the Cook Children's Community Clinics for asthma education and services (contingent on receipt of the grant award); and, 4. Apply indirect costs estimated to be $1,500.00 based on an indirect cost rate of 22.93 percent of salary and benefits, which is the most current rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-16927 There was presented Mayor and Council Interlocal Agreement Communication No. C-16927 from the City with Various Tarrant Manager recommending that the City Council County authorize the City Manager to accept and execute Municipalities interlocal agreements with municipalities that adjoin the City of Fort Worth for the purpose of rabies control. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 24 C-16928 There was presented Mayor and Council Links at Waterchase Communication No. C-16928 from the City L.L.C. Manager recommending that the City Council authorize the City Manager to enter into a contract with the Links at Waterchase L.L.C. for the sale of wastewater effluent to irrigate a golf course and golf training facility. It was the consensus of the City Council that the recommendation be adopted. C-16929 There was presented Mayor and Council Interlocal Agreement Communication No. C-16929 from the City - City of Benbrook Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with the City of Benbrook to construct a portion of the Clearfork/Benbrook Trail within its city limits. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. It appeared to the City Council that the City Council on July 28, 1998, approved the annexation timetable for the annexation of 2.85 acres of land out of the H. Anderson Survey, Abstract No. 25, Denton County, Texas situated west of Interstate Highway 35W, east of F.M. 156 and north of State Highway 114 setting today as the date for the first public hearing. Mayor Barr asked in 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 and advised Council that staff should be directed to publish notice setting August 25, 1998, as the second public hearing. There being no one else present desiring to be heard in connection with the first public hearing for the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 25 annexation of 2.85 acres of land out of the H. Anderson Survey, Abstract No. 25, Denton County, Texas situated west of Interstate Highway 35W, east of F.M. 156 and north of State Highway 114, Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that the first public hearing be closed. It appeared to the City Council that the City Council on July 28, 1998, approved the annexation timetable for the annexation of 194.167 acres of land out of the John Korticky Survey, Abstract No. 914, Tarrant County, Texas situated at the northwest corner of West Cleburne Road and Cleburne Crowley Road setting today as the date for the first public hearing. Mayor Barr asked in 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 and advised Council that staff should be directed to publish notice setting August 25, 1998, as the second public hearing. There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 194.167 acres of land out of the John Korticky Survey,Abstract No. 914, Tarrant County, Texas situated at the northwest corner of West Cleburne Road and Cleburne Crowley Road, Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that the first public hearing be closed. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 26 Budget Hearing and It appeared to the City Council that they set today Continuance as the date for the hearing in connection with the proposed budget for 1998-99 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 the 1998-99 fiscal year, it was the consensus of the City Council that the hearing be continued until the meeting of August 18, 1998, to give every interested person or citizen an opportunity to be heard. Council Member Haskin made a motion, seconded by Mayor Pro tempore Silcox, that Zoning Docket No. Z-98-073 be moved forward on the agenda. The motion carried unanimously. Sharon Shropshirp Ms. Sharon Shropshirp, Attorney for Mr. Khalid Yousif, applicant for a change in zoning of property located at 6545 Meadowbrook Drive, appeared before the City Council and requested that the City Council overturn the decision of the City Zoning Commission for the denial of Zoning Docket No. Z- 98-073. She further explained that Mr. Yousif did not understand the Zoning laws. Walid Elali Mr. Walid Elali, 6545 Meadowbrook Drive, appeared before the City Council and requested favorable consideration of Zoning Docket No. Z-98- 073 from "E" Commercial to "FR" Restricted Commercial. Alyce Boyd Ms. Alyce Boyd, representing Ryanwood Neighborhood Association, 7248 Ellis Road, appeared before the City Council and gave a group presentation in opposition to the application of CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 27 Khalid Yousif for a change in zoning of property located at 6545 Meadowbrook Drive. Council Member Haskin made a motion, seconded by Council Member McCloud, that the application of Khalid Yousif for a change in zoning of property located at 6545 Meadowbrook from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-98-073, be denied. The motion carried unanimously. Citizen Presentation Brian Bentley Mr. Brain Bentley, representing Citizens for Quality Neighborhoods, 3804 Rusty Dell Road, appeared before the City Council and presented a booklet, requesting Council to review and consider each one of the issues listed. The main focus of the group this year was rezoning and overhaul of legal non- conforming zoning issues. Z-98-064 It appeared that the City Council at its meeting of Approved July 14, 1998, continued the hearing of Dickerson Properties, Inc., for a change in zoning of property located in the 6500 Block of Old Denton Road, from "G" Commercial to "C" Multi-family. Mayor Barr asked if there was anyone present desiring to be heard. Jim Dunaway Mr. Jim Dunaway, representing Dickerson Properties, Inc., 1501 Merrimac Circle, Suite 100, appeared before the City Council and requested favorable consideration of the City Council for a change in zoning of property located in the 6500 Block of Old Denton Road, from "G" Commercial to "C" Multi-family. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 28 Larry Stevens Mr. Larry Stevens, representing the Northbrook Neighborhood Association, 2436 McAdoo Lane, appeared before the City Council and gave a group presentation in support of the application of Dickerson Properties, Inc., for a change in zoning of property located in the 6500 Block of Old Denton Road. William Torman Mr. William Torman, 4236 Fairway Crossing Drive, appeared before the City Council and expressed opposition to the application of Dickerson Properties, Inc. Larry Grider Mr. Larry Grider, representing Park Glen Neighborhood, 5501 Crater Lake Drive, appeared before the City Council and requested that Council continue this case, as well as Zoning Docket No. Z- 98-064, and direct staff to conduct a study of the total impact of all cases and any other pending/obviously imminent multifamily zoning cases in the area and report back to the Council. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that the application of Dickerson Properties, Inc., for a change in zoning of property located in the 6500 Block of Old Denton Road, Zoning Docket No. Z-98-064, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Picht, Wentworth, and McCloud NOES: Council Member Haskin ABSENT: Council Member Hirt CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 29 Mayor Pro tempore Silcox advised the listening audience and Mr. Grider that the Adhoc Committee to Study Multi-Family Zoning was in the process of reviewing some of his concerns and advised him that he was being heard. Z-98-036 It appeared that the City Council at its meeting of Withdrew Without July 21, 1998, continued the hearing of Mr. Ron Prejudice Norman for a change in zoning of property located in the 7300 Block of Granbury Road, from "C" Multi-Family & "IP" Industrial Park to "A" One- Family. Mayor Barr asked if there was anyone present desiring to be heard. City Secretary Pearson advised Council that a letter had been received requesting that the application of Ron Norman be withdrawn without prejudice. There being no one else present desiring to be heard, Council Member Picht made a motion, seconded by Council Member Lane, that the application of Mr. Ron Norman for a change in zoning of property located in the 7300 Block of Granbury Road,Zoning Docket No. Z-98-036, be withdrawn without prejudice. The motion carried unanimously. Zoning It appeared to the City Council that Resolution No. 2426 was adopted on July 21, 1998, 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 Fort Worth Star-Telegram on July 27, 1998, the official newspaper of the City of Fort Worth. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 30 Z-98-061 Council Member Lane made a motion, seconded by Continued for 30 Council Member McCloud, that the application of days Parkside, Ltd. for a change in zoning of property located in the 2000 Block of Western Center Boulevard from "I" Light Industrial to "C" Multi- Family and "F" Commercial to "AR" Residential, Zoning Docket No. Z-98-061, be continued for 30 days. Thad Brundrett Mr. Thad Brundrett, representing Parkside, Ltd., applicant of Carter & Burgess, Inc.,3880 Hulen St., appeared before the City Council and requested a thirty-day continuance of Zoning Docket No. Z-98- 061. Larry Stevens Mr. Larry Stevens, 2436 McAdoo Lane, appeared before the City Council and expressed the support of the Northbrook Neighborhood Association for Zoning Docket No. Z-98-061. Mary Stelter Ms. Mary Stelter, 3533 Clubgate Drive, appeared before the City Council and expressed opposition to the application of Parkside, Ltd., for a change in zoning of property located in the 2000 Block of Western Center Blvd. She advised Council that she was in support of a moratorium to prevent this area from being surrounded by multi-family zoning. The motion to continue Zoning Docket No. Z-98-061 for 30 days, carried unanimously. Z-98-062 Council Member Wentworth made a motion, Approved seconded by Mayor Pro tempore Silcox, that the application of David & Marilyn Lewis for a change in zoning of property located at 5220 Locke Avenue from "B/"SE" Two-Family/Highly Significant Endangered to "ER/HSE" Restricted Commercial/Highly Significant, Endangered, CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 31 Zoning Docket No. Z-98-062, be approved. The motion carried unanimously. Council Member McCloud expressed that inasmuch as Mr. Moss would be sworn in on August 25, 1998 as the District 5 representative that Council should continue these cases in District 5 to allow Mr. Moss to review each one and make the decisions. Mei Wang Mr. Mei Wang, 12937 Honey Locust Circle, appeared before the City Council and expressed opposition to the application of Midway Industrial Trust for a change in zoning of property located in the 3900 Block of FM Highway 157 from "C" Multi- Family and "F" Commercial "I" & "J" Light Industrial to "I" Light Industrial, Zoning Docket No. Z-98-065. Z-98-065 Council Member McCloud made a motion, seconded Continued until by Council Member Lane, that the application of August 25, 1998 Midway Industrial Trust for a change in zoning of property located in the 3900 Block of FM Highway 157 from "C" Multi-Family and "F" Commercial "I" & "J" Light Industrial to "I" Light Industrial, Zoning Docket No. Z-98-065, be continued for two weeks. The motion carried unanimously. Z-98-066 Council Member McCloud made a motion, seconded Continued until by Council Member Haskin, that the application of August 25, 1998 Afriel C. Nelson for a change in zoning of property located at 4600 Ramey Avenue from "B" Two- Family to "PD/SU" Planned Development/Specific Use for a day care facility subject to provision of outdoor play area and parking per residential day care requirements of Section 20.0.13 of the Comprehensive Zoning Ordinance, as Amended, dated February 1, 1998, with waiver of site plan OwN CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 32 recommended, Zoning Docket No. Z-98-066, be continued for two weeks. The motion carried unanimously. Terry Mayo Mr. Terry Mayo, 6800 Woodstock Road, appeared before the City Council and requested that Council give favorable consideration for the application of Eugene Hasten Commercial Real Estate for a change in zoning of property located at the SE corner of West Hicks & Wagley Roberts, Zoning Docket No. Z-98-074. Z-98-074 Council Member Lane made a motion, seconded by Approved Council Member Haskin, that the application of Eugene Hasten Commercial Real Estate for a change in zoning of property located at the SE Corner of West Hicks & Wagley Roberts from "E" Commercial to "A" One-Family; from "A" One- Family to "E" Commercial, Zoning Docket No. Z- 98-074, be approved. The motion carried unanimously. Z-98-075 Council Member McCloud made a motion,seconded Continued until by Mayor Pro tempore Silcox, that the application August 25, 1998 of Myrtle L. Harris for a change in zoning of property located at 4001 Mansfield from "B" Two- Family & "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" commercial plus new & used furniture sales with no detached signage, with waiver of site plan recommended, Zoning Docket No. Z-98-075, be continued for two weeks. The motion carried unanimously. Z-98-076 Council Member Wentworth made a motion, Approved seconded by Mayor Pro tempore Silcox, that the application of The Marco Company for a change in zoning of property located at 9500-9700 Highway 80 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 33 West and 3450-3500 Longvue Avenue from "AG" Agricultural to "C" Multi-Family and "I" Light Industrial; from "E" Commercial to "C" Multi- Family & "I" Light Industrial, Zoning Docket No. Z-98-076, be approved. The motion carried unanimously. Z-98-078 Council Member Wentworth made a motion, Approved seconded by Council Member Haskin, that the application of Dr. William F. Bonnell for a change in zoning of property located at 3701 Hulen Street from "ER" Restricted Commercial to "E" Commercial, Zoning Docket No. Z-98-078, be approved. The motion carried unanimously. Z-98-079 Mayor Pro tempore Silcox made a motion, seconded Approved by Council Member Haskin, that the application of Megan Davis for a change in zoning of property located at 525 Bailey Avenue from "ER" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus exercise studio, with waiver of site plan recommended,Zoning Docket No. Z-98-079,be approved. The motion carried unanimously. Ron Haynes Mr. Ron Haynes, 17817 Davenport, Suite 210, Dallas, appeared before the City Council and expressed support for the application of FW-SC., Ltd., for a change in zoning of property located at 13000 Trinity Boulevard, Zoning Docket No. Z-98- 083. Z-98-083 Council Member Lane made a motion, seconded by Continued until Council Member McCloud, that the application of :august 25, 1998 FNN'-S(', LTD., for a change in zoning of property located at 13000 Trinity Boulevard from "F" Commercial to "AR" Residential, Zoning Docket CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 34 No. Z-98-083, be continued for two weeks. The motion carried unanimously. Z-98-084 Council Member Haskin made a motion, seconded Approved by Council Member Lane, that the application of D.R. Horton-Texas Ltd., for a change in zoning of property located in the 4800 Block of North Tarrant County Pkwy. from "A" One-Family to "CF" Community Facilities, Zoning Docket No. Z-98-084, be approved. The motion carried unanimously. Z-98-085 Mayor Pro tempore Silcox made a motion, seconded Approved by Council Member Wentworth, that the application of Historic & Cultural Landmarks Commission, for a change in zoning of property located at 515 Houston Street from "H" Business to add "DD" Demolition Delay, Zoning Docket No. Z- 98-085, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 35 There being no one else present desiring to be heard in connection with recommended changes and amendments to zoning Ordinance No. 3011, Mayor Pro tempore Silcox made a motion, seconded by Council Member McCloud, that the zoning hearing be closed and the following ordinance be adopted: ORDINANCE NO. 13550 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, 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 OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF 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 OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 11, 1998 PAGE 36 Lavonia Burkhalter Ms. Lavonia Burkhalter, 3645 FM 731, appeared before the City Council and requested that the Council overturn the decision of the City Zoning Commission for the denial of Zoning Docket No. Z- 98-067. She advised Council that no one would be living in the Mobile homes, but stated that it would be used strictly for sales and service. City Attorney Adkins advised Council that the applicant did not file a letter of appeal on Zoning Docket No. Z-98-067, and informed Council that they could vote to deny with prejudice or to deny without prejudice. Z-98-067 Council Member McCloud made a motion, seconded Denied by Mayor Pro tempore Silcox, that the application of G. Luther Hughes for a change in zoning of property located at 1255 East Rendon Crowley Road from "E" Commercial to "I" Light Industrial, Zoning Docket No. Z-98-067, be denied with prejudice. The motion carried unanimously. Citizen Presentations James Clark Mr. James Clark, 3320 Hamilton, appeared before the City Council and advised Council of the need for drinking fountains and public shower facilities for the homeless. Adjournment There being no further business, the meeting was adjourned at 9:35 p.m. CITY S . 'RETARY MAYOR