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HomeMy WebLinkAbout1995/10/10-Minutes-City Council r CITY COUNCIL MEETING OCTOBER 10, 1995 Date & Time On the 10th day of October, A.D., 1995, the City Council of the City of Fort Worth, Texas, met in regular session, at 11:00 a.m., with the following members and officers present: Attendance Mayor .Ray Granger; Mayor Pro tempore Bill Meadows, Council Members Jim Lane, Chuck Silcox, Becky Haskin, Eugene McCray, Jewel Woods, Virginia Nell Webber, and Kenneth Barr; 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 Reverend Lank Cole, St. Stephen AME Church. Pledge The Pledge of Allegiance was recited. Special Presentation Mayor Pro tempore Meadows presented various organizations with "Cowtown Brush Up" Proclamations. Minutes On motion of Council Member Silcox, seconded by Council Member Woods, the minutes of the regular meeting of October 3, 1995, were approved unanimously. Withdrawn i y Managrer Terrell requested that Mayor an Consent Agenda Council Communications No. 14 be withdrawn from the consent agenda. Continued City Manager Terrell requested that Mayor and Withdrawn Council Communications No. P-7614 be withdrawn from the agenda.A CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 2 Consent Agenda On motion of Council Member McCray, seconded by Council Member Woods, the consent agenda, was adopted unanimously. Presentations/City Council Member McCray made a motion, seconded Council by Council Member Barr, that Reverend Charlie Appointment Singleton be reappointed to Place 5 on the City Plan Commission; Mr. Mason Rice be reappointed to Place 5 on the Community Programming Advisory Committee; and that Mr. W.G. Wiley, Jr. be reappointed to Place 5 on the Parks and Community Services Advisory Board, all with a term of office expiring October 1, 1997. The motion carried unanimously. Council Member Barr made a motion, seconded by Mayor Pro tempore Meadows, that Mr. David Flores be reappointed to Place 9 on the Aviation Advisory Board, with a term of office expiring October 1, 1997. The motion carried unanimously. Mayor Pro tempore Meadows made a motion, seconded by Council Member Barr, that Mr. .Bradford S. Barnes be appointed to Place 7 on the Parks and Community Services Advisory Board, with a term of office expiring October 1 1997. The motion carried unanimously. There was presented Resolution o. 2098 urging the Texas Municipal League to support legislation relating to the Assignment on Parole or Mandatory Supervision of Non Resident Offenders to Texas CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 3 Cities and Counties; and regulating the location and operation of Community Residential Facilities, or Halfway Houses, in Texas Cities and Counties. On motion of Council Member Lane, seconded by Council Member Woods, the recommendation was adopted unanimously. Reconsideration Mayor Pro tempore Meadows made a motion, Ceremonial Travel seconded by Council Member Silcox, that the City Council reconsider approval of ceremonial travel at this time. The motion carried unanimously. Mayor Granger advised Council that she would be traveling to China on a Trade Mission, representing the U.S. Conference of Mayors, on Saturday, accompanying Secretary of Commerce, Ron Brown. Council Member Barr made a motion, seconded by Council Member Silcox, that the ceremonial travel for Mayor Granger be approved. The motion carried unanimously. In response to Council Member Silcox, Assistant City Manager Libby Watson advised Council that items relative to future budget amendments were presented tote Crime Prevention Board r and the reimbursement of the $174,000.00. costs associated with the Crime Prevention election was brought to the attention of the Crime Control and .Prevention District Board and stated that an item would be placed on the agenda in January for reimbursement and that the funds would be transferred in Ja ua -r. 0 9 CITY COUNCIL MEETING FLIRT WORTH, TEXAS OCTOBER 10, 1995 PAGE 4 Presentations/City Secretary OCS-754 Claims There was presented Mayor and Council Communication No. OCS-754 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. BH-4149 On the 12th day of September, 1995, the City continued Council established today as the date for the benefit Assessment Paving hearing for the assessment paving of North Bailey North Bailey Avenue Avenue from White Settlement Road to Lindenwood Drive and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Granger asked if there was anyone present desiring to be heard. Mayor Pro tempore Meadows advised Council that he had filed a conflict of interest affidavit inasmuch as he had a financial interest in one of the properties listed on Mayor and Council Communication no. BH-0149. Mrs. Martha Lunday, representing the Department of Transportation and lic Works. appeared fore the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin had been presented to Council; that M . Robert Martin was available for questioning, advised Council that it was staff s opinion that North Ailey Avenue was beyond repair and that the street should be replace and called attention of the City Council to Mayor and Council Communication No. -0149, which recommended t at the City Council P w CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 5 adopt an ordinance that: 1. dosed 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 North Bailey Avenue from White Settlement Road to Lindenwood Drive. Mr. Sam Rosen, Attorney representing Ray Properties, Inc., located at 154 N. Bailey Avenue, which property is adjacent to North Bailey Avenue from White Settlement Road to Lindenwood Drive, appeared before the City Council and expressed opposition to the proposed assessment and requested denial of the benefit hearing. Mr. Byron Searcy, Appraiser for Ray Properties, Inc., located at 154 N. Bailey Avenue, which property is adjacent to North Bailey Avenue from White Settlement Road to Lindenwood Drive, appeared before the City Council and presented a copy of letter that he provided to Mr. Ray regarding is appraisal e or e on North Bailey Avenue. Mr. Cecil Ray, Chairman of William Rigg Co., 463 Harley Avenue, owner of property located at 154 N. Bailey .Avenue, which property is adjacent to North Bailey Avenue from hite Settlement Road to Lindenwood rive, appeared before the 04- Council and expres-sed opporsition to the proposed asse-ssment, stating that the property would not be enhanced y the paving of this street. 0 CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 6 Council Member Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. BH-0149. Council Member Barr made a motion, seconded by Council Member Lane, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. 1111-0149. The motion carried unanimously. Council Member Barr made a motion, seconded by Council Member Silcox, that consideration of the benefit hearing for the assessment paving of North Bailey Avenue, from White Settlement Road to Lindenwood Drive (1111-0149) be continued until November 21, 1995. Mr. Robert Martin, Independent Appraiser, appeared before the City Council and advised Council that currently the City of Fort Worth was his only client and stated that in his 15 years of business that he had worked for the Cities of Arlington and Grand Prairie; and advised Council of extinguating circumstances in supporting the enhancement report and informed Council that he would be available on November 21, to continue his comments relative to his report. There being no one else present desiring to be heard in connection with the assessment paving of North Bailey Avenue from "White Settlement Road to Lindenwood Drive, the motion to continue the benefit hearing until November 21 1995, was approved by the following vote. 0 CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 7 AYES: Mayor Granger; Council Members Lane, Silcox, Haskin, McCray, Woods, and Barr NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Meadows and Council Member Webber At this time Mayor Pro tempore Meadows and Council Member Woods excused themselves from the Council table. Report/City Manager G-11253 There was presented Mayor and Council Waive Parking Communication No. G-11253 from the City Manager Meter Fee Rental recommending that the City Council approve the request of the Watchtower Convention to waive the $24.00 permit fee and the rental fee of $6.00 per parking meter per meter day for bagging seventeen (17) parking meters on June 16-18, June 23-25, June 30-July 2, and July 7-9, 1995. It was the consensus of the City Council that the recommendation be adopted. G-11254 There was presented Mayor and ou cil Relocation of Communication No. G-11254 from the City Manager Utilities recommending that the City Council authorize the City Manager to pennit TU Electric and T i Count A �V F CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 8 Electric Cooperative, Inc., to initiate the necessary relocation of existing utilities as required for the construction of the Hillwood Boulevard/IH-35 interchange project. It was the consensus of the City Council that the recommendation be adopted. G-11255 There was presented Mayor and Council Appointments Communication No. G-11255 from the City Manager Plumbing Board recommending that the City Council give its consent to the City Manager to appoint James C. Newland to Place 1 to a first-term to expire October 1, 1997; Frank W. Riley, Jr. to Place 5 to a first-term to expire October 1, 1997; reappoint Alfred L. Bates to Place 3 to a third-term to expire October 1, 1997; and Charles S. Nichols, Jr. to Place 9 to a second- term to expire October 1, 1997, on the Plumbing Board. It was the consensus of the City Council that the recommendation be adopted. G-11256 There was presented Mayor and Council Ord. # 12204 Communication No. G-11256 from the City Manager Ord. # 12205 recommending that the City Council adopt Municipal Court Ordinance No. 12204 adding a new Section 10-8 to Building the Code of the City of Fort Worth (1986), as amended to create a Municipal Court Building Security Fund and require a defendant convicted in a trial fora misdemeanor offense in a municipal court to pay a $3.00 security fee as a cost of court, and adopt Supplemental r iatio s Ordinance No. 12205 increasin the estimated receipts and appropriations in the General Fund in the amount of $150,000.00 for the purpose of funding the creation of a Municipal Court Building Security Fund. On motion of Council Member McCray, seconded y cil Member Lane, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 9 G-11257 There was presented Mayor and Council Tarrant Appraisal Communication No. G-11257 from the City Manager District Directors recommending that the City Council approve Resolution No. 2099 nominating Charles Rogers to serve on the Board of Directors of the Tarrant Appraisal District (TAI}). On motion of Council Member Barr, seconded by Council Member Silcox, the recommendation was adopted unanimously. G-11258 There was presented Mayor and Council CDBG-Funding Communication No. G-11258 from the City Manager Priorities recommending that the City Council adopt the Community Development Block Grant (CDBG) Funding Priorities and Budget Policies for the Year XXII CDBG Program Year (June 1, 1991 - May 31 1997). On motion of Council Member Barr, seconded by Council Member Webber, the recommendation was adopted unanimously. P-7613 There was presented Mayor and Council Sign Brackets Communication No. P-7113 from the City Manager & Rivets recommending that the City Council authorize the purchase agreement for sign brackets and rivets for the Transportation and Public Works Department with multiple vendors on low bid per unit price, with term of agreement to begin September 26, 1995, and end September 25, 1996. It was the consensus of the City Council that the recommendation be adopted. P-7614 it re w It was the consensus of the City Council that Mayor Water and Council Communication No. P-7614, Purchase e Laboratory Agreement to Provide Water/Laboratory Water/Laboratory Testing Testing Services Services for the eater Department, be withdrawn from the agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 10 P-7615 There was presented Mayor and Council Type K Soft Communication No. P-7615 from the City Manager Copper recommending that the City Council authorize the purchase of type k soft copper for the Water Department from Morrison Supply Company on the overall low bid meeting specifications for a total of $20,743.80, with payment terms of two percent ten net 30 days, for the net total amount not to exceed $20,328.92, f.o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-7616 There was presented Mayor and Council Wastewater Samplers Communication No. P-7616 from the City Manager recommending that the City Council authorize the purchase of wastewater samplers for the Water Department from American Sigma on the total low bid meeting specifications for an amount not to exceed $19,364.88 with payment terms net 30 days, f.o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. L-11629 There was presented Mayor and Council Residential Property Communication No. L-11629 from the City Manager at Lake Worth recommending that the City Council approve the acquisition by Dedication: Deed of property from Charles Stamps known as Lot 25A, Block 9, Lake Worth Lease Lots Addition to City of Lake Worth, and ut o e the acceptance and recording of the appropriate deed. It was the consensus of the Cite Council that the recommendation be adopted. L-1 1630 There was presented Mayor and Council Sanitar)-ir SeNver Communication No, L-1 1630 fro the City, Manager Easements recommending that the City, Council approve the acquisition of the er anent sanita ry sewer CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 11 easement from Christ Truth League described as Lot 46, A, B, 47, extending from Canton Drive to Putnam Street; find that$2,000.00 as determined by in-house appraisal is just compensation; and authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-11631 There was presented Mayor and Council Pipe Line Communication No. L-11631 from the City Manager Crossing Agreement recommending that the City Council approve the acquisition of a pipeline crossing agreement at the 400 Block of E. Daggett; find that a one time fee of $1,300.00 is just compensation for property acquired from Missouri Pacific Railroad Company; and authorize the City Manager to execute and to record the appropriate instrument. It was the consensus of the City Council that the recommendation be adopted. L-11632 There was presented Mayor and Council Pipe Line Communication No. L-11632 from the City Manager License recommending that the City Council approve the acquisition of a wastewater pipeline crossing and storm drain at the 400 Block of E. Daggett; find that a one time fee of $445.00 is just compensation, for property acquired from e Southern acific Transportation Company; and authorize the City Manager to execute and to record the e a ropriate instrument It was the consensus of the City Council that the recommendation be adopted. A AS r CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 12 PZ-1842 There was presented Mayor and Council Ord. # 12205 Communication No. PZ-1842 from the City Manager Vacation recommending that the City Council adopt Nest Cannon Ordinance No. 12205 vacating a portion of West St. & 11th Ave. Cannon Street from the east property line of 12th Avenue to the west property line of the Fort Worth and Western Railroad Company, and a portion of 11th Avenue from the north property line of Cannon Street to the south property line of Nest Cannon Street, being adjacent to Block. 13 of Edward's Heirs Addition. It was the consensus of the City Council that the recommendation be adopted. PZ-1843 There was presented Mayor and Council Ord. # 12207 Communication No. PZ-1843 from the City Manager Vacation recommending that the City Council adopt Express Drive Ordinance No. 12207 vacating the west 250' of Express Drive from the east right-of-way of Lot 2, Block AR, Express Industrial Addition. It was the consensus of the City Council that the recommendation be adopted. C-15057 There was presented Mayor and Council Industrial Communication No. C-15057 from the City Manager Hygiene & recommending that the City Council authorize the Safety Technology, City Manager to execute an amendment to City Inc. Secretary Contract No. 19527 with Industrial Hygiene and Safety Technologies, Inc., 2101 Midway way Road, Suite 330, Carrollton, Texas, to extend the term of the contract an additional 120 days an increase the not to exceed amount by $10,000.00, for a total of$50,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 13 C-15058 There was presented Mayor and Council Eagle Communication No. C-15058 from the City Manager Construction & recommending that the City Council authorize the Environmental transfer of $275,651.00 from the Undesignated Services, Inc. Disposal account to the 2 + 14 UST Systems Project within the Enviromental Management Fund; and authorize the City Manager to enter into a contract with Eagle Construction and Environmental Services, Inc. in the amount of $262,524.85 for the removal of two underground storage tanks (UST's) and the incorporation of environmental protection and detection systems for 14 UST's located at eight various sites in the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-15059 There was presented Mayor and Council Ned Burleson & Communication No. C-15059 from the City Manager Associates, Inc. recommending that the City Council authorize the City Manager to execute an engineering services agreement with Ned Burleson and Associates, Inc., for a fee not to exceed $38,500.00 to prepare plans, specifications and contract documents for street, water and sanitary sewer facilities for Todd Avenue (E. Devitt to E. Shaw). It was the consensus of the City Council that the recommendation be adopted. C-15060 There was presented Mayor and Council Randall & Blake Communication No. C-15060 from the City Manager er recommending that the City Council authorize the City Manager to execute a contract with Randall and ....lake, Inc. in the amount of $71,244.00 for granite pavem-ent repair at Burnett, ParL It was the consensus of the City council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 14 C-15061 There was presented Mayor and Council Ed A. Wilson Communication No. C-15061 from the City Manager Construction, Inc. recommending that the City Council authorize the City Manager to execute a contract with Ed A. Wilson Construction, Inc., in the amount of $249,715.98 for the reconstruction of Morris Street from Lynnhaven to Tierney Road. It was the consensus of the City Council that the recommendation be adopted. C-15062 There was presented Mayor and Council Kinsel Industries, Communication No. C-15062 from the City Manager Inc. recommending that the City Council authorize the City Manager to execute a construction contract with Kinsel Industries, Inc., in the amount of $1,299,862.50, for Sanitary Sewer Rehabilitation, Trenchless Technology- Pipe Enlargement (PE) and Contract LI (LI), Project I at various locations. It was the consensus of the City Council that the recommendation be adopted. C-15063 There was presented Mayor and Council Don Davis d/b/a Communication No. C-15063 from the City Manager Don Davis recommending that the City Council authorize the Investments City Manager to execute a Consent to Assignment of City Secretary Contract No. 9749, as amended, by Marshall IL Young Oil Company to Don Davis /a Don Davis Investments. It was the consensus of the City Council that the recommendation be adopted. C-15064 There was presented. Mayor and Council Cajun Contractors, Communication No. C-15064 from the City Manager Inc. recommending that the City Council authorize the G4, Manager to execute a construefion contract with Cajun Contracto s, Inc., for the construction of the North and South Holly Water Treatment Plants Backw"ash Facilities Modifications and Chlorine n f CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 15 Ammonia Rehabilitation, on low bid of $7,747,000.00. On motion of Council Member Raskin, seconded by Council Member Barr, the recommendation was adopted unanimously. C-15065 There was presented Mayor and Council North Central Communication No. C-15065 from the City Manager Texas Council of recommending that the City Council authorize the Governments City Manager to execute an amendment in the amount of $50,770.00 to the inter-local agreement with North Central Texas Council of Governments (NCTCOG) for the regional stormwater management program to collect water quality samples during wet weather events. On motion of Council Member Raskin, seconded by Council Member Barr, the recommendation was adopted unanimously. It appeared that the City Council on September 12, 1995, continued the hearing for the application of Star Enterprise for a change in zoning of property located at 19013 Yucca Avenue from "F-R" Restricted Commercial to "PD/SCT" Planned Development/Specific Use for all uses in the "F-R" Restricted Commercial District and gasoline sales and alcohol sales for off premise consumption, Zoning oc et No. 4 (See for site plan). Mayor Granger asked if there was anyone resent desiring to be heard. At this time Mayor Pro to pore Meadows and Council Member er W s assumed their chairs at the Council table. CITY COUNCIL MEETING A FORT WORTH, 'TEXAS OCTOBER 10, 1995 PAGE 16 Council Member Lane made a motion, seconded by Council Member Barr, that the application of Star Enterprises for a change in zoning of property located at 1908 Yucca Avenue from "F-R" Restricted Commercial to "PD►1SU" Planned Development/Specific Use for all uses in the "F-R" Restricted Commercial District and gasoline sales and alcohol sales for off premise consumption, Zoning Docket No. Z-95-042, be approved. The motion carried by the fallowing vote. AYES: Mayor Granger; Mayor Pro tempore Meadows; Council Members Lane, Silcox, McCray, Woods, Webber, and Barr NOES: Council Member Haskin ABSENT: None There was presented Mayor and Council Communication No. PZ-1827, dated August 15, 1995, from the City Manager recommending that the City Council conduct a public hearing and adopt the Site Plan proposed for property located in Block 30, Oakhurst Addition, said property being addressed as 1908 Yucca Avenue. Mayor Granger asked if there was anyone present desiring to be heard. GIs. Ann Kovich, Director of Development Department, appeared before the City Council and presented a staff report and advised Council that all requirements set forth by the zoning ordinance had been met and recommended p rovl of ° 11 Mali CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 1'7 There being no one else present desiring to be heard in connection with the public hearing regarding the request for approval of the site plan proposed for property located in Block. 30, Oakhurst Addition, said property being addressed as 1908 Yucca Avenue, Council Member bane made a motion, seconded by Council Member Barr, that the hearing be closed and that Mayor and Council Communication No. PZ-1827 be adopted. The motion carried unanimously. Regular Zoning It appeared to the City Council that Resolution No. Hearing 2094 was adopted on September 19, 1995, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011. Mayor Granger asked if there was anyone present desiring to be heard. Mayor Granger advised Council that Mr. Jim Dunaway, representing the applicant, National Guest Homes, requested that this application be continued for one week. Council Member Silcox made a motion, seconded by Council Member McCray, that the application of National Guest Homes for a change in zoning of property located t 4400 Stonegate Boulevard from Commercial to "CF" Community Facilities, Zoning oc aet No. 77 be confinued for one week. The motion carried unanimously. Council Member er We er made a motion, seconded by Mayor Pro to pore Meadows, that the application of Wilhamette Indussfiries for a change in zoning of property located at 8700 Will Rogers Boulevard from "I" Light Industrial to "'J" Light CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 18 Industrial (60 acres) and "PD1SU" Planned Development Specific Use for all uses in "J" Light Industrial and a recycling facility, (15 acres), site plan required, Zoning Docket No. Z-95-082, be approved. The motion carried unanimously. There was presented Mayor and Council Communication No. PZ-1844 from the City Manager recommending that the City Council conduct a public hearing and adopt the Site Plan proposed for property located in the G.M. Teague Survey, Abstract No. 1545, said property being addressed as 8700 Will Rogers Boulevard. Mayor Granger asked if there was anyone present desiring to be heard. Ms. Ann Kovich, Director of Development Department, appeared before the City Council and presented a staff report and advised Council that all requirements set forth by the zoning ordinance had been met and recommend approval of PZ-1844. There being no one else present desiring to be heard in connection with the public hearing regarding the request for approval of the site plan proposed for property located in the G.M. Teague Survey, Abstract No. 1545, said property being addressed as 8700 Will Rogers Boulevard, Council. Member Webber made a motion, seconded y Mayor Pro to ore Meadows, that the hearing be closed and that Mayor and Council Communication No. P 1.844 be adopted.. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes n amendments to Zoning Ordinance No 3011, Council Member cCr , made a motion, seconded y Council Member Lase, that the hearing be close CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 19 and that the following zoning applications and ordinance be approved: Z-95-074 SARGENT'S AUTO SALES 4737 Mansfield Highway From "E" Commercial to "I" Light Industrial Z-95-079 DON DAVIS 7300 Block of North Riverside Drive From "E" Commercial to "A" One Family Z-95-080 DONNIE & SANDRA. TUCKER 12350 Oakgrove Road South From "B" Two-Family, "C" Multi- Family and "E" Commercial to "E" Commercial M-5-n-018A DENNIS ARRICK 4018 Medford From "A" One-Family to "A HC" Historic and ul r l Overlay Subdistrict -Z-9.5-083 NIA R E TV COMPANY 823 Lexington Street From "J" Light t In st i l to 'F U Planned ever ent/Specific Use for the uses contains in the "H" Business CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 20 District with a height limit of 120' subject to the following: (1) Phoenix Property Company of Texas, Inc., and its successors and assigns shall use the Firestone Service Store located at 1001 West 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 Phoenix Property Company of Texas, Inc. 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; ( ) Phoenix Property Company of Texas, 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 pair t e structural, historic or architectural 'integrity. of such CITY COUNCIL MEETING FORT WORTII, TEXAS OCTOBER 10, 1995 PAGE 21 structure in the Tarrant County real property records. The restrictive covenant shall be filed concurrently with the filing of a final plat resulting from Preliminary Plat No. PP-95-011, approved on June 28, 1995, by the City Plan Commission. Such covennant shall run with the land, shall be binding on all subsequent owners of the Firestone Service Store and shall be in form and substance satisfactory to the City of Fort Worth, (4) Parking per Section 11A (5) Site plan required. (1) 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 Phoenix Property of Texas, Inc. or its successors or assigns. T CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 ]PAGE 22 ORDINANCE NO. 12208 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING (ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVE BILITY CLAUSE; PROVIDING A PENAL AND CLAUSE; PROVIDING FOR PUBLICATION NAMING AN EFFECTIVE ATE. Council Member Harkin, made a motion, seconded by Council Member a , that the c t Lateens Properties, Inc., for a change in i of property located t 3820 st Center i from "E" Commercial 10 "C" Multi-Famity, Zoning Docket No. Z,95-067, is ii atl was CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 23 recommended for denial by the City Zoning Commission, be upheld. The motion carried unanimously. Council Member Lane, made a motion, seconded by Council Member Woods that the application of J & C Llewellyn & J Carter Llewellyn, for a change in zoning of property located at 3005-3011 Stanley Avenue, from "B" Two-Family to "E" Commercial, Zoning Docket No. Z-95-075, which application was recommended for denial by the City Zoning Commission, be denied without prejudice. The motion carried unanimously. Mr. Bassiony Rhima, 4302 Old Dominion Road, appeared before the City Council and requested that the City Council uphold the recommendation of the City Zoning Commission for the denial of the application of Carlton Graham for a change in zoning of property located at 3725-3737 East Fourth Street from "B" Two-Family to "PD/SU" Planned Development/Specific Use for a contractor's office and inside equipment and materials storage in existing structures, with waiver of site plan requested subject to existing structures only, and with any improvements to the property to require a site plan, Zoning Docket N . Z-9.1-3-076. 1r. Carlton Graham, 3733 E. 4th and Mr. Chris Bonilla, 1166 Country Club Lane, appeared before the City Council and requested that aSpecial hearing before the Cite Council be set. Council Member Webber made a motion, seconded by Mayor Pro to ore Meadows, that the application of Carlton Graham for a change in CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PACE 24 zoning of property located at 3725-3737 East Fourth Street from "B" Two-Family to "PD1SU" Planned Development/Specific Use for a contractor's office and inside equipment and materials storage in existing structures,with waiver of site plan requested subject to existing structures only, and with any improvements to the property to require a site plan, Zoning Docket No. Z-95-076, be set for a special hearing before the City Council on November 21, 1995. The motion carried unanimously. It appeared to the City Council that on September 12, 1995, they voted to hold a Special Hearing for the application of Telasa Clark for a change in zoning of property located at 4137 Crenshaw Avenue from "B" Two-Family to "E-R" Restricted Commercial, Zoning Docket No. Z-95-063, to give every interested citizen an opportunity to be heard. Mayor Granger asked if there was anyone present desiring to be heard. Mr. Jim Austin, 1905 Cliffbrook Court, appeared before the City Council and advised Council that his client would like to bring a retail store into this area which would enchance the economic development and stated that there had been no opposition expressed by the community, but advised Council that the Neighborhood did suggest that a restriction be Lace on the subject zoning case for the sale of liquor. Mr. Telasa Clary„ Jr. 408 Deer Creek Road, appeared efore the 04, Council and requested favorable consideration for the an e in onin of property locatW at 4137 Crenshaw Avenue from "B" " o- a P ily to "E-R" Res-tricted Commercial, Zoning Docket No. 063 Council Member CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 25 McCray made a motion, seconded by Council Member Barr, that the application of Telasa Clark for a change in zoning of property located at 4137 Crenshaw Avenue from "B" Two-Family to "E-R" Restricted Commercial, Zoning Docket No. Z-95- 4G3, be approved. The motion carried unanimously. Executive Session It was the consensus of the City Council that the City Council meet in a closed session at 12.35 p.m. for the following purpose: 1. To seek the advice of its attorney concerning the following pending litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: (a) Katherine Smith v. City of Fort Worth Cause No. 4-95-CV-313-Y (b) Darryl Terrall v. City of Fort Worth, et, al. Civil Action No. 495-CV-688-A as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the lease or purchase of real property, as authorized by Section 551.072 of the Texas Government Code. The public discussion of this matter would have a dettimental effect on the position of the City in eggotiatlo ns with a third a m. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 10, 1995 PAGE 26 3. To deliberate concerning the evaluation of the following public officers or employees: The City Manager, City Secretary, City Attorney and City Internal Auditor as authorized by Section 551.074 of the Texas Government Code. The City Council reconvened into regular session at 1:30 p.m. There being no further business, the meeting was adjourned at 1:30 p.m. CITY SECRETARY MAYOR