Loading...
HomeMy WebLinkAbout1997/01/14-Minutes-City Council CITE' COUNCIL MEETING JANUARY 14, 199'7 Date & Time On the 14th day of January, A.D., 1997, the City Council of the City of Fart Werth, Texas, met in regular session, at 7:00 p.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro to pore Jim Lane, Council Members Chuck Silcox, Becky Haskin, Eugene McCray, Jewel Woods, Bill Meadows, Virginia Nell Webber, and Cathy Hirt. City Manager Bob Terrell, City Attorney Wade Adkins; City Secretary Alice Church. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Assistant City Secretary Pearson. Pledge The Pledge of Allegiance was recited. Mayor Barr acknowledged the presence of former Council Member Donna Halstead of the Dallas City Council. Council Member Silcox made a motion, seconded by Council Member Haskin, that the minutes of January 9, 1997, be approved, as amended, on page 34, with the inclusion into the minutes of the nine points that were agreed upon by the neighborhood association and the applicant of 9138. The motion carried unanimously. Special Presentation Mr. Richard Zavala accepted a check for the City of Fort Worth for Park Trails from Sam Balandran of the Fort Worth Runners Club. Consent Agenda On motion of Council Member McCray, seconded by Council Member er Silcox, the consent agenda, as amended, was adopted unani oslr. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 2 Appointments Council Member Woods made a motion, seconded by Mayor Pro tempore Lane, that S. Felix Higgins be reappointed to Place 6 on the City Zoning Commission and the Fort North Alliance Airport Zoning Commission; E. Gerald Long be reappointed to Place 6 on the Community Development Council; Joan Anderson be reappointed to Place 6 on the Community Programming Advisory Committee, and Frank Giles be reappointed to Place 6 on the Historic and Cultural Landmarks Commission, with terms of expiration of October 1, 1998. The motion carried unanimously. Council Member Haskin made a motion, seconded by Council Member McCray, that W. Paul Johnson be appointed to Place 14 on the Fort Worth Human Relations Commission, with a term of office expiring October 1, 1998. The motion carried unanimously. OCS-866 There was presented Mayor and Council Claims Communication No. OCS-866 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. -0171 On the 17th of December 1996, the City Council Ord. # 12821 established today as the date for the benefit hearing Assessment Paving for the assessment paving of 6th Avenue from Drew 6t1 Avenue Street to Biddison and that notice was given in accordance with Article 1145b, Vernon's Annotated. Civil Statutes. Mayor Barr asked if there was anyone t re-sent desiring to be beard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council; that it was staff's opinion that 6th Avenue was beyond repair and that the street should be replaced, and called attention of the City Council to Mayor and Council Communication No. BH-0171, which recommended that the City Council adopt Ordinance No. 12821 that. 1. Closed the benefit hearing; and 2. Levied the assessments as proposed, and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of 6th Avenue from Drew Street to Biddison. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of 6th Avenue from Drew Street to Biddison, Council Member Hirt made a motion, seconded by Council Member Woods, that the benefit hearing be closed and the recommendations adopted. The motion carried unanimously. B1 -0172 On the 17th day of December 1 , the City Council Ord. #12822 established today as the date for the benefit hearing Assessment Paving for the assessment paving of Fossil Drive from 155' Fossil Drive b =est of ele , Street to N Beach Street and that � v CITY COCTNCII. MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 4 notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of 'Transportation and Public 'Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council, that it was staffs opinion that Fossil Drive was beyond repair and that the street should be replaced, and called attention of the City Council to Mayor and Council Communication No. BH-0172, which recommended that the City Council adopt Ordinance No. 12822 that. L Closed the benefit hearing; and 2. Levied the assessments as proposed; and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Fossil Drive from 155' West of Wesley Street to N. Beach Street. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Fossil Drive from 155' West of Wesley Street to N. Beach Street. Council Member Raskin made a motion, seconded by Council Member Foods, that the benefit hearing be closed and the recommendations adopted. The motion carried unanimously. �r CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 5 BH-0173 On the 17th day of December 1996, the City Council Ord. # 12823 established today as the date for the benefit hearing Assessment Paving for the assessment paving of N. Nichols Street from N. Nichols Street 28th Street to 29th Street and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council; that it was staffs opinion that N. Nichols Street was beyond repair and that the street should be replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0173, which recommended that the City Council adopt Ordinance No. 12823 that. 1. Closed the benefit hearing; and 2. Levied the assessments as proposed; and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of N. Nichols Street from 28th Street to 29th Street. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of N. Nichols Street from 28th Street to 29th Stret. Mayor Pro to pore Lane made CITY COUNCII,MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 6 a motion, seconded by Council Member Woods, that the benefit hearing be closed and the recommendations adopted. The motion carried unanimously. C-11716 There was presented Mayor and Council Reinvestment Communication No. G-1171 6 from the City Manager Zone Twenty recommending that the City Council set Tuesday, Six January 21, 1997, at 10:00 a.m., as the date and time for a public hearing before the City Council concerning: (a) the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone Number 26 for tax abatement purposes, and (b) the boundaries of the proposed zone, and authorize the City Manager to give notice of the public hearing as required by state law. City Manager Terrell advised Council of corrections to be made on Mayor and Council Communication No. G-11716 stating that under the "Recommendation" section it should read "Set Tuesday, January 28, 1997, at 10:00 a.m." and that under Discussion the first paragraph should read "Intel Corporation has indicated that it will apply for a property tax abatement for a manufacturing facility to be located in far north Fort Worth at the Alliance Center Development.,, Council Member Meadows made a motion, seconded by Mayor Fro to pore Lane, that Mayor and Council Communication N . G-11716 be adopted, as amended. The motion carried by the following vote: AY Mayor Barr, Mayor Pro to p r Lane; Council 1e leer 1la in, McCray, Woods, Meadows, Webber, and Hirt CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 7 NOES: Council Member Silcox ABSENT: None G-11725 There was presented Mayor and Council Withdrawal Communication No. G-11725 from the City Manager of Consent recommending that the City Council rescind M&C to Contract L-11786, which authorized the execution of Consent No. 13160 to the Assignment of Lease Site No. 10S-A at Fort Worth Meacham International Airport from Barrett-Conatser Hangar Joint Venture to Speedtwin of North America, Inc. It was the consensus of the City Council that the recommendation be adopted. G-11726 There was presented Mayor and Council Burnett-Tandy Communication No. G-11726 from the City Manager Drive Road recommending that the City Council approve closure Closure of Burnett-Tandy Drive from Harley Street to Gently Street from January 16 through February 7, 1997, as requested by the Southwestern Exposition and Livestock Show during the Annual Stock Show and Rodeo. It was the consensus of the City Council that the recommendation be adopted. G-11727 City Secretary Church advised Council that this Continued until Mayor and Council Communication would be beard rote on 9615 7 fllosig honing Docket No. 96-157. G-11728 `Mere was presented Mayor and Council 506 W. Magnolia Communication N6. G-1.1728 from the City Manager for variance recommending that the City Vending Company has submitted a request for a variance from the City's requirement that places of husiness that soil alcoholic olic �g CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 8 beverages must be at least 300 feet from a church. The variance request is submitted to the Council for consideration. Assistant City Attorney Marcella Olson appeared before the City Council and presented a staff report giving a brief history of the businesses that had operated at 506 W. Magnolia and stated that City Vending was requesting a variance from the City's requirement that places of business selling alcoholic beverages must be at least 300 feet from a church, school, or hospital. Steven Swander, Ray Messrs. Steve Swander, 505 Main Street; Ray Williams, and John Williams, 510 W. Magnolia; and John Escobar, 2120 Escobar South Jennings Avenue, appeared before the City Council and requested Council's support for the requested variance. David Motheral, Mr. David Motheral, 3950 Summercrest, Patsy Patsy Powell, Don Powell, 1312 5th Avenue; Don Scott, 1606 Mistletoe S c o t t , F r a n Blvd.; Fran McCarthy, 607-B West Magnolia McCarthy, and Avenue, and Robert Minges, 509 W. Magnolia Robert Minges Avenue, appeared before the City Council and expressed opposition to the requested variance. Council Member Dirt made a motion, seconded by Council Member Silcox, that Mayor and council Communication No. G-11728 be denied. The motion carried unanimously. C-11729 There was presented Mayor and Council Ord. # 12824 Communication No. 11.729: Ord. # 12825 Ord. i 12826 1, Molt Supplemental Appr rat ns oll o ver Ordinance No. 12824 increasing Encumbrances al pr priation by the indicated amounts in the 611-1 H CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 9 indicated funds for Rollover Encumbrances, designated expenditures and budget corrections, and 2. Approve a transfer of $326,235.00 from the General Fund to the Information Systems Fund, and 3. Adopt Supplemental Appropriations Ordinance No. 12825 increasing the estimated receipts and appropriations in the Information Systems Fund in the amount of $326,235.00 from available funds for the purpose of funding 1995-96 designated expenditures, and 4. Adopt Supplemental Appropriations Ordinance No. 12826 increasing the estimated receipts and appropriations in the Property and Casualty Insurance Fund in the amount of $469,176.00 from increased revenue due to subrogation and recovery from Commercial Insurance Coverage. City Manager Terrell informed Council of some amendments to be made to Mayor and Council Communication No. G 11729, stating that on Page 3 Item "a" under City Manager's Office "International for Program (0021000) of $119,007 should be deleted; Page 5 under General Fund, the amount under designations should be changed to $654,929 and total should be changed to $841,618; and under Total, the designations should read $1,296,651, with, the total amount to read $7,045,807. 11 e also stated that the Fiscal 'r CITY COUNCLL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 10 Information/Certification should be corrected to read "'The unreserved, undesignated fund balance of the General Fund will be $29,971,853. Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-11729 be approved, as amended. The motion carried unanimously. G-11730 'There was presented Mayor and Council Ord. # 12827 Communication No. G-11730 from the City Manager Ord. # 12828 recommending that the City Council authorize the Reimbursement City Manager to: of Salary Cost 1. Adopt Supplemental Appropriations Ordinance No. 12827 appropriating $35,300.00 to the General Fund, and decreasing the unreserved, undesignated General Fund balance by the same amount for the purpose of providing reimbursement of salary cost to the Office of Economic Adjustment, and 2. Approve the transfer of $35,300.00 from the General Fund to the Grants Fund, and 3. Adopt Appropriations Ordinance No. 12828 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$35,300.00 from available funds for the purpose of Offsetting the salary cost of the Office of Economic Adjustment. On motion of Council, 1e ber Woods, seconded b5 Council Member Haskin, the recommendation was adopted unanimously. � CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 11 G-11731 There was presented Mayor and Council Res. # 2244 Communication No. G-11731 from the City Manager Retain David recommending that the City Council: Feltner as Outside Counsel 1. Retain David Keltner, Attorney at Law, as outside legal counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City on certain aviation matters; and 2. Adopt Resolution No. 2244 fixing in advance, as far as practicable, the sum to be paid David Kellner, Attorney at Law, for his services in these matters, an amount not to exceed $201000.00 On motion of Mayor Pro tempore Lane, seconded by Council Member Silcox, the recommendation was adopted unanimously. P-8197 There was presented Mayor and Council Amend Communication No. P-8197 from the City Manager M&C P-7698 recommending that the City Council authorize the Computers, Parts amendment of M&C P-7698 for additional funds for & Software the purchase of computers, parts, peripheral equipment, software and services, for the Information Systems & Services Department from the State of Texas Catalogue purchasing procedure, for an additional $2,000,000.00. It was the consensus of the City Council that the recommendation be adopted. 0 0 CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 12 P-8198 There was presented Mayor and Council Cancel Communication No. P-8198 from the City Manager purchase recommending that the City Council authorize agreement cancellation of the purchase agreement with Service 94-0520 Essential, Inc. for janitorial services and allow for rebid; and the purchase of temporary janitorial service with General Building Maintenance during the rebid process. On motion of Council Member Silcox, seconded by Council Member Haskin, the recommendation was adopted unanimously. L-11909 There was presented Mayor and Council Acquisition Communication No. L-11909 from the City Manager on single-family recommending that the City Council authorize the residential fee simple acquisition of one property (4114 N. property Greenview Drive) in Irving, Texas, for the purpose of expanding D/FW Airport; find that the purchase prices offered by the Airport are just compensation; and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-11910 There was presented Mayor and Council Terminal Communication No. L-11910 from the City Manager Building recommending that the City Council authorize the Office Lease City Manager to execute a new Terminal Building Walid T Office Lease with Walid J. Yammine d1b/a Skywings Yam mine Flight Training, Inc. for office space and classroom facilities in the Terminal Building at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 13 L-11911 There was presented Mayor and Council Sale of Communication No. L-11911 from the City Manager four single- recommending that the City Council approve the sale family of four properties, and authorize the City Manager residential to execute the appropriate deeds, conveying the properties property to the highest bidder for each property. It was the consensus of the City Council that the recommendation be adopted. L-11912 There was presented Mayor and Council Terminal Communication No. L-11912 from the City Manager Building recommending that the City Council authorize the Lease with City Manager to execute a new Terminal Building Imad T. Hage Office Lease with Imad T. Hage d/b/a Eagle International for office space and classroom facilities in Suites B-13 and B-14 of the Terminal Building at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-15854 There was presented Mayor and Council Acquisition Communication No. C-15854 from the City Manager of one rail recommending that the City Council approve the crossing acquisition of one rail crossing license agreement license from Fort Worth and Western Railroad Company at agreement no cost to City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-15855 There was presented Mayor and Council Amendment Communication No. C-15855 from the City Manager with Good recommending that the City, Council authorize the Samaritan Cior Manager to approve the transfer of$14,750.00 Nfinistiies of from Year XXII Community Development Block College Avenue Grant Unprogrammed Funds, and approve a Baptist Church contract amendment with Good Samaritan rmpm CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199' PAGE 14 Ministries of College Avenue Baptist Church for an additional amount of $14,750.00 in CDBG funding for a total allocation of$30,500.00, with the funding period for the $14,750.00 to be for the period February 1, 1997, to May 31, 1997. It was the consensus of the City Council that the recommendation be adopted. C-15856 There was presented Mayor and Council Interlocal Communication No. C-15856 from the City Manager Agreement - recommending that the City Council continue for a University third year the interlocal agreement with the of North Texas University of North Texas Health Science Center for Health Science a tuberculosis treatment drug study. It was the Center consensus of the City Council that the recommendation be adopted. C-15857 There was presented Mayor and Council Sublease Communication No. C-15857 from the City Manager Skyteam Airlines, recommending that the City Council authorize the Inc. & Khaled M. City Manager to execute the Consent to Sublease Miloud d/b/a Agreement between SkyTeam Airlines, Inc. and Delta Aeronautics Khaled M. Miloud d/b/a Delta Aeronautics ("Delta") for SkyTeam's sublease for portions of Suite 242 at Meacham International Airport ("Airport") to Delta. It was the consensus of the City Council that the recommendation be adopted. C-15858 There was presented Mayor and Council Ord. # 12829 Communication No. C-15858 from the City Manager Westhill recommending that the City Council: Construction, Inc. 1, Authorize the City Manager to transfer $133,750.00 from Water and Sewer Operating Fund to the Water Capital Prqject Fund in the amount of $69,062.50 and Sewer Capital Prqject Fund in the amount of$64,687.50, and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 15 2. Adopt Appropriation Ordinance No. 12829 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $69,062.50 and in the Sewer Capital Projects Fund in the amount of $64,687.50 from available funds for the purpose of funding a contract with Westhill Construction, Inc., for Utility Cut Repair Contract 96A, and 3. Authorize the City Manager to execute renewal of a contract with Westhill Construction, Inc., in the amount of $125,000.00 and three hundred and sixty-five (365) calendar days for Utility Cut Repairs Contract 96A revising the total contract to $250,000.00. It was the consensus of the City Council that the recommendation be adopted. C-15859 There was presented Mayor and Council Bauer Sports Communication No. C-15859 from the City Manager Floors recommending that the City Council authorize the City Manager to execute a contract with Bauer Sports Floors, for the installation of wood floors in the Como and Northside Community Centers in the amount of $78,000.00 and for a duration of 60 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-15860 There was presented Mayor and Council Max Eubank Communication No. C-15860 from the City Manager Roofing recommending that the City Council authorize the City Manager to execute a contract with Max Eubank Roofing, for the replacement of the slate A CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 16 roof on the entrance to the Central Library for $16,497.44 and for a duration of ninety {94} calendar days. It was the consensus of the City Council that the recommendation be adopted. C-15861 There was presented Mayor and Council Res. # 2245 Communication No. C-15861 from the City Manager Area recommending that the City Council: Metropolitan Ambulance 1. Adopt Resolution No. 2245 authorizing an Authority amendment to the Area Metropolitan Ambulance Authority Interlocal Cooperative Agreement to change the effective date of each member jurisdiction's annual price/subsidy selection, and 2. Authorize the City Manager to execute the amendment to the Interlocal Cooperative Agreement. It was the consensus of the City Council that the recommendation be adopted. C-15862 There was presented Mayor and Council Ord. # 12834 Communication No. C-15862 from the City Manager Huff, Brous, recommending that the City Council: McDowell, montessi 1. Adopt Supplemental Appropriations Ordinance No. 1,2830 increasing the estimated receipts and appropriations in the General Fund in the amount of $20,444.44 from available funds for the purpose of funding a Professional Services Agreement to Huff, Brous, McDowell and Montesisi for r fessi r l Market Analysis/Real Estate CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 17 Services relating to commercial and industrial zoned city owned property and city owned land at Lake Worth, and 2. Authorize the City Manager to execute an annual Professional Services agreement with Huff, Brous, McDowell and Montessi for a fee not to exceed $40,000.00 to prepare a market analysis for commercial and industrial zoned surplus properties owned by the City of Fort Worth and City owned land at Lake Worth. It was the consensus of the City Council that the recommendation be adopted. C-15863 There was presented Mayor and Council Ord. #12831 Communication No. C-15863 from the City Manager Ord. # 12832 recommending that the City Council: Amendment to Nader Design 1. Adopt Appropriations Ordinance No. 12831 Group of increasing the estimated receipts and Fort Worth appropriations in the Capital Projects Reserve Fund in the amount of $73,000.00 from available funds for the purpose of funding Amendment No. 3 to the contract with Nader Design Group of Fort Worth for Architectural Design Services, and Ordinance No. 12832 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $73,000.00 from available funds for the purpose of funding Amendment No. 3 to the contract with Nader Design Group of Fort Wortb for Architectural Design Servicess, and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 18 2. Authorize the transfer of$73,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund, and 3. Authorize the City Manager to execute Amendment No. 3 to the architectural services agreement (Contract No. 20568) with the Nader Design Group, for the design and preparation of contract documents for the modification of city buildings and to raise the authorized maximum fee by $41,000.00 from $160,000.00 to $201,000.00 It was the consensus of the City Council that the recommendation be adopted. Z-96-123 It appeared that the City Council at its meeting of approved December 12, 1996, continued the hearing of BLT Sand & Gravel, Inc. for a change in zoning of property located at 1400 East Hurst Boulevard from "F" Commercial and "C" Multi-Family to "PD/SU" Planned Development/Specific Use for sand and gravel mining and retaining the existing "C" Multi- Family and "F" Commercial subject to the following: 1. Mining shall be completed within five years at which time the site will be graded and seeded per the adopted site plan. 2. All work at the site to be conducted Monday through Friday from 7:00 p.m. to 5:30 p.m. and Saturday 7:00 a.m. to 3:30 p.m. 3. Natural tree line along S.H. 10 shall be maintained and a 6' screen fence with PVC slats installed. ARD CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 19 4. No performance bond required. 5. Site plan required for sand and gravel, mining only. Future development will not require a site plan submission. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Council Member McCray made a motion, seconded by Council Member Woods, that the application of BLT Sand & Gravel, Inc., Zoning Docket No. 2-96- 123 be adopted. The motion carried unanimously. SP-96-019 It appeared that the City Council at its meeting of approved December 12, 1996, continued the site plan of BLT Sand & Gravel, Inc. for sand and gravel mining (See Z-96-123). Council Member McCray made a motion, seconded by Council Member Woods, that the site plan for BLT Sand and Gravel, Inc., SP-96-019, be approved. The motion carried unanimously. It appeared to the City Council that Resolution No.. 2240 was adopted on December 17, 1996, setting today as the date for the hearing in connection with recommended changes and amendments t Zoning Ordinance No. 3011, and that notice of the hearing had been given by publication in the Fort Worth StarTelera on lece _ber 24, 1996, the official newspaper of the fixity of Fort Worth. Mayor Barr asked if there was anyone present desieing to e earl. MEMO-% W050, CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 20 Z-96-137 Council Member McCray made a motion, seconded approved by Council Member Woods, that the application of Wentwood Management LTD for a change in zoning of property at 13112 South Pipeline Road for the change in zoning from "C" Multi-Family to "E" Commercial,"F-R" Restricted Commercial and "I", Light Industrial, Zoning Docket No. Z-96-137, be adopted. The motion carried unanimously. Z-96-139B Council Member Hirt made a motion, seconded by Council Member Woods, that the application of Michael Ball Trustee for a change in zoning of property located at 1501 West Terrell Avenue from "D" Multi-Family to "FR" Restricted Commercial, Zoning Docket No. Z-96-139B, be approved. The motion carried unanimously. Z-96-151 Council Member Hirt made a motion, seconded by approved Mayor Pro tempore Lane, that the application of Snappy Car Rental for a change in zoning of property located at 8643 U.S. Highway 80 West from "Elf Commercial to "PD/SU" Planned Development/Specific use for all uses in "E" Commercial plus auto rental center. (Waiver of site plan recommended), Zoning Docket No. Z-96-151 be approved. The motion carried unanimously. Z-96153 Council Member Hirt made a motion, seconded by approved Mayor Pro to ore Lane, that the application of Phoenix Property Company for a change in zoning, of property located in the 300 Block of Lake Street and 820-824 Henderson Street from "J" Light Industrial to "PD/SUS Planned Development/Specific Use for the us se-s- contained in the "H" Business District with a height limit of 120', subject to the following conditions: Be CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 21 (1) Firestone Limited Partnership, and its successors and assigns shall use the Firestone Service Store located at 1001 W. Seventh Street in connection with development of the project and shall rehabilitate the Firestone Service Store in a manner consistent with the historic character of the structure; (2) Neither Firestone Limited Partnership, nor its successors or assigns shall demolish the Firestone Service Store in its entirety or destroy any part of the structure which would permanently impair the structural, historic or architectural integrity of such structure, or permit any third party under their control to do so; (3) Firestone Limited Partnership, Inc. or its successors or assigns shall file a restrictive covenant prohibiting demolition of the Firestone Service Store in its entirety or demolition of any part of the structure which would permanently impair structural, historic or architectural integrity of such structure in the Tarrant County real property records. The restrictive covenant shall be fled concurrently with the filing of a final plat resultinc, from Preliminary Plat No. PP-96- 031, approved on August 28, 1996, by the City Plan Commission. Such convenant shall run with the land, shall be binding on all subsequent owners of the Fires-tone Service Store and shall be in form and substance satisfacto", to the City of Fort Worth. (mm IN CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 22 (4) Parking will be provided at 1.5 spaces per residential unit and 14 spaces for the Firestone Service Store. (5) This ordinance shall be filed with the City Secretary upon delivery of proof to the City Attorney that title to all property subject to this ordinance has been transferred to Firestone Limited Partnership or is successors or assigns. (6) Site plan required (See SP-96-021) Zoning Docket No. Z-96-153, be approved. The motion carried unanimously. Z-96-154 Mayor Pro tempore Lane made a motion, seconded by Council Member McCray, that the application of E-Systems, Inc. Pool Trust for a change in zoning of property located at 11060 North Freeway, 1-35W from "G" Commercial to "G/S" Commercial/Sign Subdistrict Overlay, Zoning Docket No. Z-96-154, be approved. Council Member Haskin made a substitute motion, seconded by Council Member Silcox, that the application of F-Systems, Inc., Zoning Docket No. Z- 96-154 be denied. Cullum Thompson Mr. Cullum Thompson, representing the applicant, 5211 N. Central Expressway, appeared before the City Council and advised Council that the employees of E-Systems was requesting the sign overlay to agenerate revenue for the Pension In and requested favorable consideration by the Ciq,,,, Council. Go 0 CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 23 When the substitute motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Barr; Council Members Silcox, Haskin, Woods, and Hirt NOES: Mayor Pro tempore Lane; Council Members McCray, Meadows, and Webber ABSENT: None Z-96-155 Mayor Pro tempore Lane made a motion, seconded by Council Member Meadows, that the application of E-Systems, Inc. Pool Trust for a change in zoning of property located at 12051 North Freeway, 1-35W from "G" Commercial to "G/S" Commercial/Sign Subdistrict Overlay, Zoning Docket No. Z-96-155 be approved. Council Member Haskin made a substitute motion, seconded by Council Member Silcox, that the application of E-Systems, Inc., Zoning Docket No. Z- 96-155 be denied. The motion failed by the following vote: AYES: Mayor Barr; Council Members Silcox, Haskin, and Hirt NOES: Mayor Pro tempore Lane; Council Members McCray, Woods, Meadows, and Webber ABSEN'r: None CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 24 When the motion to approve Zoning Docket No. Z- 96-155 was put to a vote by the Mayor, it carried by the following vote: AYES: Mayor Pro tempore Lane; Council Members McCray, Woods, Meadows, and Webber NOES: Mayor Barr; Council Members Silcox, Haskin, and Hirt ABSENT: None Z-95-156 Council Member Meadows made a motion, seconded approved by Council Member Haskin, that the application of VIC Verstaete by Landcon Inc. for a change in zoning of property located at Southeast corner of Academy Boulevard and Legacy Drive from "C" Multi-Family to "A" One-Family, Zoning Docket No. Z-96-156, be approved. The motion carried unanimously. Z-96-157 Council Member Hirt made a motion, seconded by approved Mayor Pro tempore Lane, that the application of Richard and Sharon Smith for a change in zoning of property located at 2135 Pembroke Avenue from:. "A" One-Family to "A C" One-Family/Historic and Cultural Landmark Overlay, Zoning Docket No. Z-96-157, be approved. The motion carried unanimously. G-11727 There was presented Mayor and Council Partial Tax Communication No. 11 1727 from the City Manager Exemption - recommending that the Ci y Council approve the 2135 _ br ie own- erts application for partial tax exemption for Ave. RISEN 01 CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 25 2135 Pembroke Avenue. On motion of Council Member Hirt, seconded by Council Member Haskin, the recommendation was adopted unanimously. Z-96-158 Council Member Silcox made a motion, seconded by approved Council Member Haskin, that the application of Lumberman's Investment Corp. for a change in zoning of property located at 6650 Oakmont Trail from "A" One-Family to "CF" Community Facilities, Zoning Docket No. Z-96-158, be approved. The motion carried unanimously. Z-96-159 Mayor Pro tempore Lane made a motion, seconded approved by Council Member Haskin, that the application of Hillwood/1-35 LTD for a change in zoning of property located in the 20000 Block of 1-35W North from Unzoned to "K" Heavy Industrial, Zoning Docket No. Z-96-159, be approved. The motion carried unanimously. Z-96-122 Mr. Jim Schell, representing the applicant, Derr Jim Schell Family Ltd., 901 Fort Worth Club Building, appeared before the City Council and called attention of the Council to the letter submitted for support of a special hearing of Zoning Docket No. Z- 96-122. Z-96-122 Council Member McCray made a motion, seconded SP-96-027 by Mayor Pro to pore Lane, that the application of Set for Special Derr Family Ltd., for a change in zoning of property Hearing located at 3900 Tarrant Main Street (13455 Ferris Feb. 11, 1997 Street), Zoning Docket No. Z-96-122, and the referenced site plan (SP-96-0,27) be granted a special, hearing before the City Council on Februam,,, 11, 1997. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 26 Z-96-141 Mayor Pro tempore Lane made a motion, seconded Set for by Council Member McCray, that the application of Special Alonzo L. Luna Jr., for a change in zoning of Hearing property located at 3005 North Elm Street, Zoning Feb. 11, 1997 Docket No. Z-96-141, be granted a special hearing before the City Council on February 11, 1997. The motion carried unanimously. Z-96-150 Mayor Pro tempore Lane, made a motion, seconded Upheld by Council Member Woods, that the application of Denial Jose Natividad Reyes, Z-96-150 be denied as recommended by the Zoning Commission. The motion carried unanimously. Z-95-152 Council Member Hirt made a motion, seconded by Denial Council Member Silcox, that the application of the without Estate of Evelyn Frances, Z-96-152, be denied Prejudice without prejudice and requested waiver of the application fee should the applicant reapply within a 90-day period. Mr. John Garfield, representing the Development Department, appeared before the City Council and advised Council that each applicant was provided with written instructions as well as oral instructions relative to the zoning process and appeal process. Mayor Barr requested that staff provide to Council an explanation of the history surrounding the zoning ordinance not having a provision in place for the Council to hear cases that have been recommended for denial by the City Zoning Commission without the filing of an appeal letter. When the motion to deny Zoning Docket No. 7,96- 152 without prejudice was put to a vote by the Mayor, it prevailed unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 27 It appeared that the City Council at its meeting of December 12, 1996, set today as the date for the special hearing for the application of Accent Mobile Homes Inc. for a change in zoning of property located at 1050 Oak Grove Read from "E" Commercial to "PDISU" Planned Development/Specific Use for mobile home sales and service. The motion carried unanimously. Z-96-142 Mr. Jim Schell, representing the applicant, Accent approved Mobile Homes Inc., 901 Fort Worth Club Building, Jim Schell appeared before the City Council and presented his case advising Council that the application had been amended to only a 9.767 acre tract of land, changing the zoning from "E" Commercial and "C" Multi- family to "PD1SU" Planned Development; that the applicant was willing to remove the large double faced billboard situated at the northeast corner of I- 20 and Oak Grove Road, and additionally, was willing to dedicate a linear park across property along Sycamore Creek which would be a highly desirable extension of Amon Carter Park west of the Missouri and Pacific Railroad tracks. He also stated that the requested zoning was for mobile home sales facility only and did not include services. Council Member Hirt and Council Member Silcox questioned Mr. Schell with regard to the billboard being changed to a monument sign and a dedication deed being provided to the City prior to approval of the site plan. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 199'7 PAGE 28 Eunice Givens, E.L. The following individuals appeared before the City Bowman, Moses Council and expressed opposition to the application Davis, Dolores of Accent Mobile Homes, Inc., Zoning Docket No. Z- Webber, Laura 96-142: Meeks, Ron Howard and Gloria Shepert Eunice Givens Dolores Webber Rev. E. L. Bowman Laura Meeks Moses Davis Ron Howard Gloria Shepert Mr. Schell answered questions of the Council relative to some of the concerns of the neighborhood. Council Member Hirt made a motion, seconded by Council Member Silcox, that the application of Accent Mobile Homes Inc., for a change in zoning of property located at 1450 Oak Grove Road from "E" Commercial to "PD/SU" Planned Development/Specific Use for mobile home sales facility only, Zoning Docket No. Z-96-142, be approved with the caveat that should graffiti appear on the fence, it should be removed within a 48 hour period. The motion carried by the following vote; AYES; Mayor Barr; Council Member Silcox, McCray, Woods, Meadows, Webber, and Hirt NOES: Mayor Pro to pre Lane and Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 14, 1997 PAGE 29 P-96-025 Council Member Silcox made a motion, seconded by Continued Council Member Woods, that the site plan for until Accent Mobile Homes Inc., located at 1029 Oak Feb. 11, 1997 Grove Road be continued until the meeting of February 11, 1997. The motion carried unanimously. Mayor Barr requested that staff investigate the proposed land dedication to see if it was acceptable to the City. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member McCray made a motion, seconded by Mayor Pro tempore Lane, that the zoning hearing be closed and the following ordinance adopted: ORDINANCE NO. 12833 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME TIEING AN ORDINANCE GULAT AN RESTRICTING THE LOCATION AND USE OF III IINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS ANA OTHER R STRUCTURES. THE SIZE OF YARDS ,AND OTHER OPEN SPACES, OFF-STREET P. LNG AND LOADING,N AND nW DENSITY OF POK'LATION, AND FOR SUCH PURPOSES DINTIMNIG T HE IIL IC IPA I` Y INTO DISTRICTS F SUCH N171M BE S . A NI CITY COUNCIL MEETING FORT" WORTH, TEXAS JANUARY 14, 1997 PAGE 30 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; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 9.15 p.m. LJ CITY SECRETARY MAYOR