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Home My WebLink About1997/02/11-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 11, 1997 Date & Time On the IIth day of February, A.D., 1997, the City Council of the City of Fort Werth, Texas, met in regular session, at 7;45 p. ., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore 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; Assistant City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Robert L. Sanders, Pleasant Mt. Gilead Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Lane, seconded by Council Member McCray, the minutes of the regular meeting of February 4, 1997, were approved unanimously. Special Presentation Presentation to Mayor from Pedro Pastor, Mayor of Denia, Spain, by officer Chip Gillette. Presentation of proclamation for Random Acts of Kindness Week was presented to Stain. Culpepper. Council Member Hirt introduced Troop 52 of Dens 1 and 5 of the Bear Club Scouts from Country lay School and one Scout from Troop JJ in Home School and presented them each with a pin. Mayor Barr also introduced Justice Terry Livingston with t e 2nd Court of App eals. 4 CITY COUNCIL MEETING PORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 2 Withdrawn/ City Manager Terrell requested that Mayor and Consent Council Communication Nos. G-11753 and G-11756 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member McCray seconded by Council Member Silcox the consent agenda, as amended, was adopted unanimously. Res. # 2252 There was presented Resolution No. 2252 approving Issuance of Bonds Issuance of Bonds by FW Higher Education Finance by FW Higher Corporation for Texas Wesleyan University. On Education Finance motion of Mayor Pro tempore Lane, seconded by Council Member McCray, the recommendation was adopted unanimously. MCACPM There was presented Municipal Court Advisory No. 50 - Committee Policy Memorandum No. 50 appointment Appointment of Jennifer Rymell as Municipal Judge for the of Judge unexpired portion of a two-year term ending March 31, 1998, or until a successor is qualified and appointed in accordance with state law at an annual salary of $54,954.00 On motion of Mayor Pro tempore Lane, seconded by Council Member Woods, the recommendation was adopted unanimously. OCS-872 There was presented Mayor and Council Bonds Communication No. OCS-872 from the Office of the City Secretary recommending that the Cite Council authorize the acceptance of the liability bonds issued to Omega Contractor, Inc., Cheyenne Construction, C.D. Structural Concrete, LTD. and Al o r de Concrete. It was the consensus of the City Council that the recommendation endation e adopted. CITY COUNCIL MEE'T'ING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE OCS_873 There was presented Mayor and Council Claims Communication No. OCS-873 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-11750 Council Member Silcox made a motion, seconded by Denied Council Member Haskin, that Mayor and Council Financial Communication No. G-11750 be denied. The motion Management carried unanimously. Policy Statements G-11750 There was presented Mayor and Council (Revised) Communication No. G-11750 from the City Manager Financial recommending that the City Council adopt the Management Financial Management Policy Statements which Policy have been revised and updated. On motion of Statements Council Member McCray, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-11752 There was presented Mayor and Council Reappointment Communication No. G-11752 from the City Manager Building recommending that the City Council approve the Standards reappointments to the Building Standards Commission Commission, Place I Nathaniel L. Davis, Place 2 Sam Garcia., Place 3, John Molyneaux Place 4, Johnny Lewis, Place 7, Robert Starr, and place 8, John J. Hernandez with office expiring in two years. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 4 G--11753 There was presented Mayor and Council Settlement Communication No. G-11753 from the City Manager Single-Family recommending that the City Council: Residential Property 1. Authorize the payments of$125,000.00 by the Dallas - Fort North International Airport Board which represents the difference between the Commissioner's Award and the jury's verdict amount, to'Williams D. Baker for 4105 Langley Lane located in Irving, TX, and 2. Authorize payment of the estimated interest not to exceed $5,000.00 from the date of the Commissioners' Award deposit, and 3. Authorize the acceptance and recording of the appropriate instruments. City Manager Terrell advised Council of an amendment to be made to the Recommendation Section, stating that the amount of Item I should be corrected to read $25,000.00 instead of$125,000.00 Council Member Meadows made a motion, seconded by Council Member Silcox., that Mayor and Council Communication No. G-11753 be approved, as amended. The motion carried unanimously. G-1174 There was presented Mayor and Council Ord. # 12851 Communication No. 11754: Comprehensive Energy 1. Authorize the City Manager to apply for and Assistance accept a grant from the Texas Department of Program ousi g and Communior Affairs- for the-; omprthe si ze Energ Assistance ro rau in the amount f$732,321.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 5 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of$183,080.00 for interim financing of 25 percent of this project pending contract execution; and 3. Adopt Appropriations Ordinance No. 12851 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$732,321.00 from increased revenue for the purpose of funding the Comprehensive Energy Assistance Program through a grant from the Texas Department of Housing and Community Affairs; and 4. Apply indirect cost rates in accordance with the City's Administrative Regulations 3-15, apply rate of 1994 which represents the most recently approved rate for this department and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G 11'755 There was presented Mayor and Council Ord. # 12852 Communicafton No. 11755 from the Ciq Manager Ken Moore recommending that the City Council: Enterprises, Inc. t. Adopt Appropriations Ordinance No. 12852 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of$7,454.38 from available fonds for the purpose of funding . 1 r a ents to CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 6 concession operations, purchasing improvements or equipment, and advertising, marketing and promoting usage of Will Rogers Memorial Center, and 2. Authorize the use of these funds in accordance with the City's purchasing and expenditure guidelines. It was the consensus of the City Council that the recommendation be adopted. G-11756 There was presented Mayor and Council Benefit Hearing Communication No. G-11756 from the City Manager Alston Avenue recommending that the City Council: 1. Declare the necessity for and order the improvements to Alston Avenue from Jessamine Street to Page Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Alston Avenue from Jessamine Street to Page Street, and 3. Approve the estimate of cost and amounts to be assessed as stated in the Engineer's Estimate, and . Establish Marc 11, 1997, as the date of enefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the previsions of Chapter 313 of the Texas r r sp rtation Code.. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 7 City Manager Terrell advised Council of an amendment to be made to Page 2 under Engineer's Estimate of Cast changes, stating that the Property Owner's share of cast should read $2,172.88 and the percentage should read (1.6%) and the City's share of cost should read $131,580.52 and (98.4 percent). Council Member Hirt made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-11756 be approved, as amended. The motion carried unanimously. G-11757 There was presented Mayor and Council Benefit Dearing Communication No. G-11757 from the City Manager Church Street recommending that the City Council. 1. Declare the necessity for and order the improvements to Church Street from Handley Drive to Milam Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Church Street from Handley Drive to Milam Street, and 3. Approve the estimate of cost and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish March 11, 1997, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of proper q, owners in accordance it the pr sions of Chapter 313 of the Texas Transportation Code. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 8 It was the consensus of the City Council that the recommendation be adapted. G-11758 There was presented Mayer and Council Ord. # 12853 Communication'No. G-1.1758 from the City Manager 1997 Summer recommending that the City Council adopt Works Program Supplemental Appropriations Ordinance No. 12853 appropriating $65,000.00 to the General .Fund, and decreasing the unreserved, undesignated General Fund balance by the same amount for the purpose of providing funding for the 1997 Summer Works Program. On motion of Council Member Woods, seconded by Council Member McCray the recommendation was adopted unanimously. G-11759 There was presented Mayor and Council Ord. # 12854 Communication No. G-11759 from the City Manager Donation from recommending that the City Council: FWISD For Our City Our 1. Authorize the City Manager to accept a Children Program donation in the amount of$48,665.50 from the Fort North Independent School District (FWI D) for the Our City Our Children Program, and 2. Adopt Supplemental Appropriations Ordinance No. 12854 increasing the estimated receipts and appropriations in the General Fund in the amount of $48665. 0 from available funds for the purpose of funding Operating Expenses for the Our City Our Children Program through a donation from the fort Worth Independent School•, Dis .ict. motion of Council Member Has seconded 1 Council Member Woods, the recommendation was adopted nani o ly. N e ell CI'T'Y COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 9 G-11760 There was presented Mayor and Council Temporary Communication No. G-11760 from the City Manager Street Closure recommending that the City Council approve the Mastercard request of Colonial Country Club to temporarily Colonial Golf close the 3700 block of Country Club Circle, the Tournament 3700, 3800, and 3900 blocks of Mockingbird Lane, and Cantey Street between Highview Terrace West and the T.C.U. parking lot from May 19 through May 25, 1997. On motion of Council Member Woods, seconded by Council Member McCray the recommendation was adopted unanimously. P-8219 There was presented Mayor and Council Ammunition Communication No. P-8219 from the City Manager recommending that the City Council authorize a purchase of ammunition for the Police Department from multiple vendors based on total low bid per item, not to exceed $55,571.16, terms net 30 days, f.o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-8220 There was presented Mayor and Council Granular Communication No. P-8220 from the City Manager Carbon recommending that the City Council authorize the purchase of Granular Activated Carbon from Cal on Carbon Corporation for the Water Department. It was the consens us of the Ci - Council that the recommendation be adopted. P-8221 There was presented Mayor and Council Pneumatic Communication No. P-8221 from the Cite Manager `fools recommending that the City Anil authorize the purchase of pneumatic tools for the Water Department for an amount not to exceed $ ,704.68 on low laid per item -vie'ith payment terms net 30 days, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY It, 1997 PAGE 10 f.o.b. Fort Worth, freight no charge. It was the consensus of the City Council that the recommendation be adopted.. P-8222 There was presented Mayor and Council Copper Communication No. P-8222 from the City Manager Tubing recommending that the City Council authorize the purchase of copper tubing on low bid from Morrison Supply Company, Fort Worth, TX for an amount not to exceed $17,373.00, with payment terms of 2 percent discount for early payment within 10 days, net 30 f.o.b. our dock, and freight no charge. It was the consensus of the City Council that the recommendation be adopted. L-11921 There was presented Mayor and Council Lease with Communication No. L-11921 from the City Manager Parking recommending that the City Council authorize the Company of City Manager to sign a letter of agreement America-Fort comprising a lease between Parking Company of Worth, Inc. America-Fort Worth, Inc. and the City of Fort Worth for a parking lot to be utilized by City employees. It was the consensus of the City Council that the recommendation be adopted. L-11922 There was presented Mayor and Council Acquisition of Communication No. L-11922 fro..... the City Manager o permanent recommending that the City Council approve the sewer pipeline acquisition of two permanent anent seer pipeline four easements and four temporary construction to pora y easements at a total cost of $5,668.00 for all six construction easements, and approve a total of $35,353.00 for easements crop damages to tenant farmer er Georgia Pappaohn and property o..hers Gv r is Papp s ohn and Sandra Kt das. It was the con s of the City- t_rou cil that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY I1, 1997 PAGE 11 PZ-1939 There was presented Mayer and Council Ord. # 12855 Communication No. PZ-1939, dated January 28, Street right-of- 1997, from the City Manager recommending that the way vacation City Council adopt {ordinance No. 12855 vacating a 26 foot wide street right-of-way, Hagler Avenue from Stanley Avenue Westward to the east line of existing alley right-of-way, to the City of Fort Worth, Texas, abutting Lot 9, Block 22, Frisco Heights Addition. Council Member Hirt made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. PZ-1939 be approved, as amended, to include waiver of all of the fees in the amount of $758.00. The motion carried unanimously. PZ-1942 There was presented Mayor and Council Ord. # 12856 Communication No. PZ-1942 from the City Manager Easement recommending that the City Council adopt vacation Ordinance No. 12856 vacating a five-foot wide utility 5-foot wide easement, on Lot B, Eatway Plaza Addition, to the utility easement City of Fort Worth, Texas . It was the consensus of the City Council that the recommendation be adopted. PZ-1943 There was presented Mayer and Council Ord. # 1,2857 Communication No. P 1.943 from the City Manager Easement recommending that the City Council adopt vacation Ordinance No. 12857 vacating a ten-foot wide 10-foot wide drainage easement located in the I.M. Daniel Survey, drainage crossing Lot 1, Block. 1, Merchants Addition to the easement City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be alt s CITY COUNCIL. MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 12 PZ-1944 There was presented Mayor and Council Ord. #12858 Communication.No. PZ 1944 from the City Manager Easement recommending that the City Council adopt vacation Ordinance No. 12858 vacating various utility, guy various and drainage easements located on Block. 10, West utility, Vickery Heights Addition, to the City of Fort Worth, guy & drainage Texas. It was the consensus of the City Council that easements the recommendation be adopted. PZ-1945 There was presented Mayor and Council Ord. # 12859 Communication No. PZ-1945 from the City Manager Partial recommending that the City Council adopt Street right-of-way Ordinance No. 12859 vacating a partial street right- vacation - dedicated of-way, dedicated for Redbud Lane, to the City of Redbud Lane Fort Worth, Texas, abutting Lot 2B, Block 12, Rivercrest Addition. It was the consensus of the City Council that the recommendation be adopted. PZ-1946 There was presented Mayor and Council Ord. # 12860 Communication No. PZ-1946 from the City Manager Partial recommending that the City Council adopt Street right-of-way Ordinance No. 12860 vacating a partial street right- vacation - dedicated of-way, dedicated for North Rivercrest Thrive North Rivercrest adjoining Lots 16A and 17A, Block 1, Riverview Dr. Estates, First Filing, to the City of Fort North, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-1947 There was presented Ma yor and Council Ord. # 12561 Communication No. PZ4947 fro.:..,.. the City Manager Partial Street recommending that the City Council adopt right-of-way. Ordinance No. 12861 vacating a partial street right- vacation of ay, dedicated for Yucca Avenue abutting Lot 1 T Yucca Avenue Block 1, urger Addition, situated in 'h -µl CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 13 Franklin Wood Survey, Abstract No. 1624 to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. C-15889 There was presented Mayor and Council Ord. # 12862 Communication No. C-15889 from the City Manager J.L. Bertram recommending that the City Council authorize the Construction City Manager to. 1. Adopt Appropriation Ordinance No. 12862 increasing the estimated receipts and appropriations in the Special Assessments Fund in the amount of $11,144.44 and in the Street Improvements Fund in the amount of $11,140.44 from available funds for the purpose of funding the Reconstruction of Ruthdale Drive (Crowley to Sunrise) and Parkview Drive (Risinger to Ruthdale), and 2. Authorize the transfer of$11,140.40 from the Special Assessments Fund to the Street Improvements Fund, and . Execute a contract with J.L. Bertram Construction and Engineering, in the amount of $317,059.73 for the reconstruction of Ruthdale Drive Crowley to Sunrise), and ark pie v Drive isinger to Ruthdale) It was the consensus of the City Council that the recommendation be adopted. �w CI'T'Y COUNCH, MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 14 C-15890 There was presented Mayor and Council. Ord. # 12863 Communication No. C-15894 from the City Manager Texas Dept. recommending that the City Council authorize the of Dousing & City Manager to: Community Affairs 1. Accept funds in the amount of $670,704.00 from the Texas Department of Housing and Community Affairs for the Community Services Block Grant for the 1997 funding year, and 2. Adopt Appropriations Ordinance No. 12863 increasing the estimated receipts and appropriations in the Grants fund in the amount of$670,704.00 from increased revenue for the purpose of funding Neighborhood Resources Development Program through a grant from the Texas Department of Housing and Community Affairs, and 3. Apply indirect cost rates in accordance with the City's Administrative Regulations 3-15, apply rate of 194, which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. 015891 There was presented Mayor and Council Conatser Communication No. C-15891 from the City Manager Construction, recommending that the City Council authorize the Inc. City Manager to execute a contact with, Conatser Con, t cti n, Inc., in the amount 01 $478,191.0 for CITY COUNCIL. MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE t Sanitary Sewer Rehabilitation Contract XL (40), Part IL It was the consensus of the City Council that the recommendation be adopted. C-15892 There was presented Mayor and Council Engineering Communication No. C-15892 from the City Manager Agreement recommending that the City Council authorize the Turner Collie & City Manager to execute an engineering agreement Braden, Inc. with Turner Collie & Braden, Inc., for a fee not to exceed $361,800.00 to prepare plans and specifications for Sanitary Sewer Main 207R Drainage Area Rehabilitation and Sewer Improvements (Group 5, Contract 3), Part 3. It was the consensus of the City Council that the recommendation be adopted. C-15893 There was presented Mayor and Council Ord. # 12864 Communication No. C-15893 from the City Manager Kim Martin & recommending that the City Council: Company 1. Adopt Supplemental Appropriations Ordinance No. 12864 increasing the estimated receipts and appropriations in the General Fund in the amount of $20,000.00 from increased available funds for the purpose of funding a .Professional Services Agreement to Kim Martin and Company for Professional Market Analysis, eal Estate Seri#ices relating to commercial and industrial zoned city owned propert.y and city owned land at Labe ' north. It was the consensus of the City Council that the recommendation be adopted. ,, IN ke CITY COUNCIL MEETING FLIRT WORTH, TEVA FEBRUARY 11, 1997 PAGE 16 C-15894 There was presented Mayor and Council Horseshoe Communication No. C-15894 from the City Manager Construction, Inc. recommending that the City Council authorize the City Manager to execute a contract with Horseshoe Construction, Inc., in the amount of$628,044.00 for Sanitary Sewer Main 244, 205 and 259 Drainage Area Rehabilitation and Sewer Improvements, Part I - Unit 3, Manhole Replacement. It was the consensus of the City Council that the recommendation be adopted. C-15895 There was presented Mayor and Council Ord. # 12865 Communication No. C-15895 from the City Manager Limited Cable recommending that the City Council: Television Franchise 1. Adopt Ordinance No. 12865 amending Ordinance No. 11089, granting a limited franchise to Forth Texas Cablevision, LTD. dlbla North Texas CableComm to own, operate and maintain a cable television system, to revise the designated area within the City of Fort Worth in which North Texas Cablevision, Ltd. may own, operate and maintain its Cable Television System; to revise the definition of "Cable Communication Systems" approving an agreement of acceptance of terms and conditions to the amendment of Ordinance No. 11089, an 2. Authorize the City Manager to execute amendment No. 1 to Cite Secretary Contract No. 19090. On tin of Council Member Woods, seconded, by Mayor Pro temp ore Lane, the recommendation was adopted unanimously. y� aw CITE' COUNCIL MEETING FLIRT WORTH, TEXAS FEBRUARY I1, 1997 PAGE 1'7 SP-95-025 It appeared that the City Council at its meeting of January 14, 1997, continued the hearing of the site plan for Accent Mobile Homes for Mobile Home Sales until today. Mayor Barr asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, representing Accent Mobile Homes, 901 Fort Worth Club Building, appeared before the City Council and gave a brief overview of the revised changes to the proposed site plan and requested favorable consideration of the site plan. Eunice Givens, Ms. Eunice Givens, 5500 Stafford Drive; Gloria Gloria Shepert, Shepert, 5508 Conroy; John Weikum, 1401 Glasgow John Weikum, Road, Betty Mars, 1821 Christopher Drive; and Betty Mars, and Laura Meeks, 5540 Conlin Drive, appeared before Laura Meeks the City Council and expressed apposition to the approval of the site plan and requested that Council reconsider its approval for zoning at 1029 Oak Grove Road for mobile hone sales. City Attorney Adkins advised Council that in order for reconsideration of an item to occur, it would have to be brought before the City Council one week after approval by one of the Council Members who voted in favor of the zoning change. He stated the options Council had at this time. Ms. Ann Kovich, Director of the Development Department, appeared before the City Council and advised, Council that the VDT Planned Development a revision site plan in the bound docket was handed out this -ein 16.111,111-111-1 A CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY It, 1997 PAGE 18 Council Member Ha kin expressed concern relative to the site plan not containing information regarding flags, banners, and grass and suggested that it be included in the revised site plan. Council Member Hirt made a motion, seconded by Council Member Silcox, that SP-96-025 - Accent Mobile Homes be approved and that it include warding relative to an opaque fence stating that no flags or banners will be allowed, and grass planted were indicated, the motion carried by the following vote: APES: Mayor Barr, Council Members Silcox, McCray, Woods, Meadows, Webber, and Hirt NOES: Mayor Pro tempore Lane and Council Member Haskin ABSENT: None It appeared to the City Council that Resolution No. 2247 was adopted on January 21, 1997, 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 F--_o X t ooh Stir elera on Manua T 2 , 1997, the official newspaper of the City of Fort Worth. Mayor Barr asked if there was anyone present: desiring to be heard. x-0 1 Council Member Ha in made 1e a motion, seconded by Mayor Pro tempore Lane, that the application of Lewisville 7 Partners., LTD. for a change to zoning of pro pert located in the 2900 Block of Keller Hicks, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 19 Read from "a" One-Family and "C" Multi-Family to "MH" Mobile Home, Zoning Docket No. 2-97- 001, be approved. The motion carried unanimously. Z-97-002 Council Member Haskin made a motion, seconded by Mayor Pro tempore Lane, that the application of Enterprise Leasing Company of DFW for a change in zoning of property located at 1418 Milam Street from "ER" Restricted Commercial to "DISU" Planned Development/Specific Use for all uses permitted in "ER" plus vehicle renting and leasing facility. (Waiver of site plan recommended) only for the existing facility and property, Zoning Docket No. Z-97-002, be approved, as amended. The motion carried unanimously. Z-97-004 Council Member Meadows made a motion, seconded by Council Member Woods, that the application of Yueh Hsiu Tsou (Ellen Tsou) for a change in zoning of property located at 9904 U.S. Highway 80 West from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-97-004, be approved. The motion carried unanimously. Z-97-005 Mayor Pro tempore Lane a motion, seconded by Council Member Woods, that the application of James H. Mulholland for a change in zoning of properq, located at 1310 North Houston Street from "C" Multi-Family to "PD SU Planned De velop ent Spe ;ific Use for "I" Light Industrial with no outside storage. Waiver of site plan reco ended), Zoning Docket No.. Z97-005, be approv=ed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 20 Council Member Meadows requested permission of the City Council to abstain from voting on Zoning Docket No. Z-97-007, Southwestern Baptist Theological Seminary, inasmuch as his company had a business relationship with them. Council Member Silcox made a motion, seconded by Mayor Pro tempore Lane, that Council Member Meadows be permitted to abstain from voting on Zoning Docket No. Z-97-007. The motion carried unanimously. Z-97-007 Council Member Silcox made a motion, seconded by Mayor Pro tepore Lane, that the application of Southwestern Baptist Theological Seminary for a change in zoning of property located in the 2051 Martin Lydon Avenue, 4712 and 4808 James Avenue, 4712 Gordon Avenue, 4820 Stanley Avenue, 4828-4832 Townsend Drive, 4900-4908 Townsend Drive, 4920 Townsend Drive, 4940 Townsend Drive, 5012-5036 Townsend Drive, from "B' Two-Family and "E" Commercial to "CF" Community Facility, Zoning Docket No. Z-97-007, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro to pore Lane; Council Members Silcox, as .in, McCray, Woods, Webber, and Hirt NOES: None ABSENT: None NOT VOTING: Council Member Meadows AV CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 21 Jake Ussery Mr. Jake Ussery, Zoning Coordinator for Aguirre Z-97-008 Corporation, 12700 Park Central Drive, Dallas, appeared before the City Council and requested that the application of Aguirre Corporation, Zoning Docket No. Z-97-008, be withdrawn. Council Member McCray made a motion, seconded by Council Member Woods, that the application of Aguirre Corporation, Zoning Docket No. Z-97-008, be withdrawn without prejudice. The motion carried unanimously. Z-97-009 Council Member Webber made a motion, seconded by Council Member Meadows, that the application of Tarrant County Hospital District for a change in zoning of property located in the 2501-2527 Avenue I, 1521 Mitchell Boulevard, and 2501 Avenue J from "E" and "F" Commercial to "CF" Community Facility, Zoning Docket No. Z-97-009, be approved. The motion carried unanimously. Michael Coker and Mr. Michael Coker, 6350 LBJ ##257, and F.M. F.M. Carrol Carrol, 3601 Highway 114, appeared before the City Z-97-010 Council and requested that the City Council give approved favorable consideration of the application of Texas Motor Speedway, Zoning Docket No. Z-97-010¢ Council Member Haskin expressed concern that this zoning docket mould be in violation of the City's current sign ordinance and stated that these signs should not be allowed without further review by Council. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 22 Z-97-010 Council Member Haskin made a motion, seconded by Council Member Hirt, that the application of Texas Motor Speedway fora change in zoning of property located in the 3600 Block. Highway 114 from "PD 215 (Ordinance No. 12627) PD1SU" Planned Development/Specific Use for a motor vehicle speedway/racetrack, be continued for one week, adding the following. 1. Off-premise signage located on elevator towers The elevator towers are roughly 116.8 feet tall (from a point at the top of the berm to the top of the Texas International Raceway logo). The elevation of the elevator tower from the base to the top of parapet is 111.18 feet. The elevator towers have a front width of 45 feet and a side dimension of 50 feet, 8 inches. The elevator tower front face square footage is 5.003 SQ. Each elevator tower may have an off-premise display area that does not exceed 32 feet in width nor exceed 14 feet in height. This provides a maximum dimension of 448 SF per display area. This display area may only be located on the front face of the elevator tower front face. This display area shall not exceed nine percent of an elevator tower front face This display area may only be located on the front face of the elevator tower at a height bet-ween 20 feet and 100 feet. Each sign may have direct lighting, indirect lighting or back lighting for illu inaton Exhibit e shoes a prototypical elevator tier with allowed signage CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 23 2. Exterior off-premise signage located between the elevator towers The distance between elevator towers is approximately 172 linear feet. The height from the base of the grandstands to the top of the grandstands is 95 feet. In each space between the elevator towers, off-premise signage may be placed no lower than 17 feet nor higher than 52 feet above the walking surface, nor may it be placed nearer than 30 feet to the adjacent elevator tower. This off- premise signage space may be divided into three display areas that individually do not exceed 28 feet in width nor 28 feet in height (784 square feet) or a total of 2,352 square feet for any three display areas between elevator towers. The total surface area between the elevator towers and between the grade and the top of the grandstands is between 16,340 SF and 20,900 SF. The maximum allowable permanent off-premise signage in this section comprises between 11.25 percent and 14.3 percent of the surface between elevator towers. 3. Directional signs with off-premise advertising Directional signage will be placed upon three side pylons that are 38 feet tali and have three faces that are each eight feet in width. Each face has 304 square feet of display area. Each face may have off-premise advertising that does not exceed 25 percent of the face area. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 24 Directional pylons shall be placed generally in the locations shown on the attached site plan. They may be located as needed to provide maximum directional visibility to patrons of the Raceway. The number of directional pylons shall not exceed 30. The minimum separation between directional pylons shall be not less than 1000 feet. The directional pylons may have direct lighting, indirect lighting or back lighting for illumination. Site plan for free standing signage waived subject to approximate locations as delineated on the attached site diagram. Temporary event directional signs without off- premises advertising are allowed in this planned development district. 4. Elevated exterior off-premise signage At the north and south ends of the speedway, off-premise signage may be positioned so that it extends above the top of the rim of the speedway wall facing away from the interior of the track. This signage shall be located on the speedway as shown on the attached site plan. This signage may be divided into not more than 20 display areas per end of the speedway. A single display area shall not exceed 40 feet in width nor 17 feet in height. Height as described in this section means the distance g CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 25 from the bottom of the display area to the top of the display area. The area for this exterior oriented off-premise signage shall not exceed a combined display area of 400 feet in length per end of the speedway. This same dimension is allowed on both the north and the south ends of the speedway. The elevated exterior off-premise signage may have direct lighting, indirect lighting, or back lighting for illumination. Off-premise advertising that is facing toward the center of the speedway or that is wholly contained within the perimeter of the speedway is allowed and is not regulated by this ordinance nor by the City of Fort Sign Code. NOTE - The signage defined in this amendment is neither neon nor other tubular lighting. None of the signage contained in this proposed amendment has any moving elements. Exhibit 4 represents a typical single display area of 40 feet by 17 feet. Exhibit 5 represents the standard detail for installation of a typical single display area. 5. Permanent on-premise advertising Permanent off-premise and on-premise advertising shall not exceed 20 percent of the exterior surface of the speedway. This exterior surface measurement includes CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 26 elevator towers, grandstands, and ether vertical elements that comprise the speedway structure. For measurement purposes, open areas between structural elements shall be considered as solid. 6. Banners Temporary signs and banners for special events, for both on and off-premise advertising, are allowed in this planned development district. The City of Fort Worth shall issue an annual license to the speedway that allows for an unlimited number of banners to be placed in the planned development district for special events for periods of time not to exceed 30 days of continuous display per banner per event. Application shall be made to the City for banner permits related to special events no later than 10 days prior to the special event. Temporary signs and banners attached to the exterior of the speedway structure shall not exceed 15 percent of the speedway surface area. Council Member Silcox expressed concern that the Council should: extend the privilege to a Council Member if they request a week's delay in order to receive additional information. Mayor Fro to pore Lane made a substitute motion, seconded by Council Member Meadows, that the application of Texas Motor Speedway, Zoning Docket No. 97-010 be approved. the motion. carried by the folio-Axing vote: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 27 AYES: Mayor Barr; Mayor Pro tempore Lane; Council Members McCray, Woods, Meadows, and Webber NOES: Council Member Silcox, Haskin and Hirt ABSENT: None Z-97-011 Mayor Pro tepore Lane made a motion, seconded by Council Member Meadows, that the application of Fort North Sports Authority, Inc. for a change in zoning of property located in the 3600 Block of Highway 114 from "AG" Agricultural to "PD/SIT" Planned Development/Specific use for parking ancillary to a motor vehicle speedway/racetrack,for public safety facilities, for other public purposes benefiting visitors to a motor vehicle speedway/racetrack, for roadways and for signage according to the following: Directional signs with oft-premise advertising Directional signage will be placed upon three sided pylons that are 38 feet tall and have three faces that are each eight feet in width. Each face has 304 square feet of display area. Each face may have off- premise advertising that does not exceed 25 percent of the face area. Directional pylons shall be placed generally in the locations shown on the attached site plan.. They may be located as needed to provide maximum directional visibility, to patrons ofthe Raceway. The CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 28 number of directional pylons shall not exceed 30. The minimum separation between directional pylons shall be not less than 1000 feet. The directional pylons may have direct lighting, indirect lighting or back lighting for illumination. Entry Signage Off-premise entry signage per attached site diagram. Site plan for parking and free standing signage waived subject to approximate locations as delineated on the attached site diagram. Temporary event directional signs without off- premise advertising are allowed in this planned development district, Z-97-011, be approved. The motion carried by the following vote; AYES: Mayor Barr; Mayor Pro tepore Lane; Council Members Silcox, McCray, Woods, Meadows, Webber and Hirt NOES Council Member Haskin ABSENT: None 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 Council Member Woods, that the zoning hearing be closed and the following ordinance adopted; F CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 29 ORDINANCE NO. 12866 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 S L BE CUMULATIVE OF ALL ORDINANCES; PROV ING A SAVINGS CLAUSE PROVIDING A SENTRABILITY CLAUS PROVIDING A PENAL CLAUSE; PROVIDING FOR. PUBLICATION AND NAMING AN EFFECTINT DATE. The motion carried unanimously Mr. John Garfield, representing the Development Denial paren , appeared hof the City Council and informed Council r. R. Dennis Hopkins AM CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 30 requested that the appeal letter be withdrawn on Zoning Docket No. Z-96-078, Leah E. Rogers Council Member Ha kin made a motion, seconded by Council Member 'Woods, that the application as recommended for denial by the City Zoning Commission of Leah E. Rogers, Zoning Docket Z-96- 078, be upheld. The motion carried unanimously. Allen Tucker Mr. Allen Tucker, 11500 Mosier Valley Road, Z-96-087 & appeared before the City Council and advised SP-97-001 Council that the Zoning Commission made an error Set for Special in denying this case and requested that a special Hearing hearing be set on Zoning Docket No. Z-96-087 and the proposed SP-97-001. Franklin Moss, The following individuals appeared before the City Jean Gilmore, Council and expressed opposition to the proposed Rod Tyler, Zoning change in property located at 11415 - 11425 Gayle W. Hanson, Mosier Valley and requested that the City Council and Vada M. uphold the Zoning Commission recommendation for Johnson denial, Franklin Moss - 5625 Eisenhower Drive Jean Gilmore - 3325 Fite Street Rod Tyler- 201 N. Ector Gayle W. Hanson. 1009 Eric Avenue Vada Johnson 3416 Raider City attorney Ad_ "ns explained the options that the Council had regarding this case. Council Member McCray made a mofion, seconded by C uned Member Woods, that the application of Tucker"Tucker"s earth Haulers, Inc-, Zoning Docket . 7-087 and SP-97-001 be set for a special hearing before the City Council on Tuesday, March 4, 1997 CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 31 at the Carter Riverside High School. The motion carried unanimously. Z-97-088 and Council Member McCray made a motion, seconded SP-97-402 by Council Member Woods, that the application of Set for a Tucker's Earth Haulers, Inc., Zoning Docket No. Z- Special hearing 97-088 and SP-97-002 be set for a special hearing before the City Council on Tuesday, March 4, 1997, at the Carter Riverside High School. The motion carried unanimously. Casimiro Guiierrez Mr. Casimiro Gutierrez appeared before the City Z-97-006 Council and requested favorable consideration of the denied without City Council for a change in zoning of property prejudice located at 3144 Jimisons Lane. Mr. John Garfield, representing the Development Department advised Council that the appeal letter for Mr. Gutierrez was received after the 12-day requirement period for an appeal and stated that the Council could either vote to deny with prejudice or vote to deny without prejudice. Vada Johnson and Ms. Vada Johnson and Jean Gilmore appeared Jean Gilmore before the City Council and expressed opposition to the application of Casimiro Gutierrez, Zoning Docket No. 97-06 and requested that Council uphold the recommendation of the Cite Zoning Commission for denial. Council Member McCray made a motion, seconded by Council Member Meadows, that the application of Casimiro Guitere Zoning Docket, No. 7-,,-97-006, be denied with t re,� dice. The motion carried nni 1 , CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 32 Z-96-122 It appeared that the City Council set today as the date for a Special Hearing regarding the application of Derr Family LTD., Partnership, for a change in zoning of property located at 3900 Tarrant Main Street (13455 Ferris Street) from Unzoned to "AG" Agricultural District to "PD/SIT" Planned Development/Specific use for a contractor's storage yard, Zoning Docket No. Z-96-122 and the proposed site plan. Mayor Barr asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, representing the Derr Family LTD. Z-96-122 Partnership, 901 Fort Worth Club Building, appeared before the City Council and gave a brief presentation describing the bufferage, access to the property and the fence, and requested that the City Council give favorable consideration for the change in zoning of Zoning Docket No. Z-96-122. Bill Waller Mr. Bill Waller, 3725 Tarrant Main Street, appeared before the City Council and expressed support for the proposed site plan as recommended. Richard Sigel, Mr. Richard and Tiana Sigel, 3717 Plum, and James James Clark, Clary., 3720 Peach, Euless, appeared before the City and Tiana Council and expressed opposition to the Zoning Sigel. request € f Derr Family LTD., Partnership. Council Member McCray made a motion, seconded by Council Member Meadows, that the application of Derr Family LTD., Partnership, for a change in zoning at 3900 Tarrant Main Street, be approved. Council Mernber Laskin made a substitute motion, seconded by Council Member Woods, that the applicAtion of Derr Family, LTD., Partnership, for a change in zoning at 3900 Tarrant Main Street, v CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE Zoning Docket No. Z-96-122 and SP-96-027, which applications were recommended for denial by the City Zoning Commission, be upheld. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore Lane; Council Members Silcox, Laskin, Woods, Webber, and Hirt NOES: Council Member McCray and Meadows ABSENT: None Z-96-141 It appeared that the City Council set today as the date for the Special Hearing regarding the application of Alonzo L. Luna, Jr., for a change in zoning of property located at 3005 North Elm Street, from "B" Two-Family and "F" Commercial to fort Light Industrial, Zoning Docket No. Z-96-141. Mayor Barr asked if there was anyone present desiring to be heard. Nara Ttegaldo Ms. Nora Regaldo, representing the applicant Alonzo Z-96-141 L. Luna, Jr., appeared before the City Council and requested favorable consideration of the proposed change in zoning at 35 North Elm Street. Mayor Pro to pore Lane made a motion, seconded by Council Member Meadows, that the application of Alonzo L. Luna, Jr., for a change in zoning of property, at 3005 Nortb Elm Street, Zoning Rocket No. Z-96-141, whic 7 application was recommended by the Cit ° Zoning Commission for denial, be upheld. The mofion carried unanimously. t CITY COUNCIL NCIL MEE i ING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 34 Mayer Parr requested that the City Council reconsider Mayor and Council Communication Nos. G-11756 and G-11757 setting a benefit hearing date of March 11, 1997, which meeting was proposed to be changed to March 13 instead. Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication Nos. G-11756 and G-11757 be reconsidered at this time. The motion carried unanimously. G-11756 There was presented Mayor and Council Benefit Hearing Communication No. G-11756 from the City Manager Alston Avenue recommending that the City Council: 1. Declare the necessity for and order the improvements to Alston Avenue from Jessamine Street to Page Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Alston Avenue from Jessamine Street to Page Street, and 3. Approve the estimate of cost and amounts t6 be assessed as stated in the Engineer's Esti ate, and . Establish March 11 1997, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance, with the pror-it of Chapter 313 of the Texas Transportation Code. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 11, 1997 PAGE 35 Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-11756 be approved, as amended, changing the benefit hearing dates to March 13, 1997. The motion carried unanimously. G-11757 There was presented Mayor and Council Benefit Hearing Communication No. G-11757 from the City Manager Church Street recommending that the City Council; 1. Declare the necessity for and order the improvements to Church Street from Handley Drive to Milam Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Church Street from Handley Drive to Milam Street, and 3. Approve the estimate of cost and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish March 11, 1997, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance vith the provisions of Chapter 3:13 of the Texas 'transportation Code. Council Member Meadows made a motion, seconded by Council Member Silcox.., that Mayor and Council Communication No C-11757 be approved, as amended, changing the benefit hearing dates to March 13, 1997g The motion carried unanimously. AMR v Ywr CITY COUNCIL MEETING FORT WORTH,TEXAS FEBRUARY Y 11, 1997 PAGE 36 Citizen Presentation Ms. Billye Y. Ali, 2321 Monarch Drive ##313, Billye Y. Ali appeared before the City Council and explained the problem that she was experiencing with MIT . Mayor Barr informed Ms. Ali that MITS was operated by The T, and also requested that staff review this matter to see what could be done to improve this service. He stated that staff would inform her after discussing this with the Transportation Authority. Jason Speight Jason Speight, 7213 Church Park Drive, appeared before the City Council and expressed appreciation to the Council for the information received regarding skateboarding. James Parker Mr. James Parker, 3616 Winifred Drive, appeared before the City Council and expressed concern regarding the temporary collection of sales tax from the crime control board and also discussed structural concerns at the Central Library. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before the City Council and drew attention to Choice Homes regarding the flooding situation that was created by their construction and expressed his dissatisfaction on how his open record request was handled. Adjournment There being no further business, the meeting was adjourned at 7 p.m. ASST. CITY SECRETARY MAYOR