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HomeMy WebLinkAbout2007/05/01-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:05 p.m. on Tuesday, May 1, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Martin Herring, Bahai Faith Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Davis, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of April 24, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Moncrief presented a Proclamation for Fred D. Allen Day to Mr. Fred Special D. Allen in recognition of his 100th Birthday. Presentations Council Member Davis presented a Proclamation for Mayfest Days to Ms. Marcia Buyers, Mayfest 2007 Chairwoman. Agenda Item VI Council Member Espino announced that Cinco de Mayo would be celebrated Announcements this weekend at All Saints Catholic Church and the Rose Marine Theatre. He stated there would be various events and festivities and invited everyone to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 2 of 25 Council Member Scarth announced that on May 2, 2007, at 4:00 p.m., a meeting on homelessness would be conducted at the East Regional Library and invited everyone interested to attend. Council Member Jordan stated that he had the great honor of standing in for the Mayor at the Fort Worth Stockyards for the Texas Frontier Forts Muster for David Dubois on April 27, 2007. Council Member Burdette announced that the East Lake Worth Neighborhood Association would conduct a meeting on the enhancement and preservation of Lake Worth at the Lake Worth Boat and Ski Club on Sunday, May 6, 2007, at 3:30 p.m. and invited everyone to attend. Council Member Silcox repeated his announcement from previous Council meetings relative to it being against the law to blow grass clippings into the street as it created clogging of storm drainage systems. He asked City Manager Boswell if City employees could hand out literature if they observed anyone violating the law. Mayor Moncrief announced the grand opening of the City's Permit Center on May 7, 2007, at 4:00 p.m. to 6:00 p.m. He stated that the ribbon cutting would be at 4:30 p.m. followed by tours of the center, technology demonstrations and various development related exhibits. He added that this would also celebrate the merger of the Planning and Development Departments. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from PZ-2739 and C-22092 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15693 and C-22092 be withdrawn from consideration and that PZ-2739 be Withdrawn By continued for one week to the May 8, 2007, Council meeting. Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1606 M&C OCS-1606 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 3 of 25 G-15703 M&C G-15703 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 a professional services agreement with MAXIMUS, Inc., in the amount of for Operational $51,600.00 for additional implementation services associated with its Overview of operational review of the Finance Department for an authorized total fee of Finance $111,900.00. Department G-15704 M&C G-15704 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Police Officer Eduardo Mendoza retroactive from Leave-of-Absence February 17, 2007, through August 17, 2007. Pay Benefits for Police Officer Eduardo Mendoza G-15705 M&C G-15705 - Declaring the necessity of taking an interest in a portion of Condemn Land to land in the J. Hallum Survey, Abstract No. 723, City of Fort Worth, Tarrant Expand and County, Texas, located north of Randol Mill Road and approximately one mile Improve Sanitary east of Precinct Line Road in east Fort Worth owned by West Fork Partners, Sewer System L.P. (DOE 4796); and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land to expand and improve the City's sanitary sewer system. G-15706 M&C G-15706 - Authorizing the Water Department to provide water service at Provide Water 1.25 times the retail rate to Ms. Janie Lee to serve her business, the El Dorado Service to Ms. motel, located at 11005 Highway 80 West, located in Tarrant County, outside Janie Lee to Serve of the Fort Worth City limits pursuant to City Code Section 35-60B "Uses El Dorado Motel Outside City"; and authorizing the City Manager to execute an agreement for such services. P-10570 M&C P-10570 - Authorizing execution of a sole source software maintenance Electronic agreement with Accela, Inc., for the Development Department's electronic Permitting System permitting system on the basis of documented sole source with payment due 30 days after receipt of invoice; and ratifying this agreement and authorizing it to begin October 1, 2006, and expire September 30, 2007, with an option to renew for one additional one-year period. P-10571 M&C P-10571 - Authorizing purchase agreements for polyvinyl chloride and Polyvinyl Chloride black iron pipe, fittings, valves and related items with Romar Supply, Inc., and and Black Iron Wipco, Inc., for the City of Fort Worth based on discounts offered from Pipe, Fittings, manufacturer's list prices with payments due 30 days after receipt of the Valves and invoices; Related Items CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 4 of 25 Romar Supply, Inc. Items 1 through 5, 8 and 9 WIPCO, Inc. Items 6 and 7 (must award parts with valves) Authorizing these agreements to begin April 24, 2007, and expire April 23, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". P-10572 M&C P-10572 - Authorizing the purchase of 16 new service and utility trucks Service and Utility from Sam Pack's Five-Star Ford for multiple City Departments, as listed below Trucks for a cost not to exceed $592,817.00 with payment due 30 days from the date of the invoices and freight is included in the unit prices. t . Size Options Department Name Unit Option Extended Truck Prices Prices Totals 1 ea. 9.0 Water $26,874.00 Included $ 26,874.00 Service 1 ea. 11.0 Flat Lift Gate Water $27,554.00 $ 1,898.00 $ 29,452.00 Bed 2 ea. 11.0 Ladder Parks/Community $30,858.00 $ 600.00 $ 62,916.00 Service Rack Service 3 ea. 11.0 Ladder Transportation/Public $30,858.00 $ 450.00 $ 93,924.00 Service Rack Works 1 ea. 11.0 Hyd. Water $30,858.00 $ 5,215.00 $ 36,073.00 Service System 2 ea. 11.0 Post Transportation/Public $41,953.00 Included $ 83,906.00 Service Puller Works 1 ea. 16.0 Ladder Parks/Community $39,726.00 $ 600.00 $ 40,326.00 Service Rack Service 1 ea. 16.0 4X4& Water $39,726.00 $10,976.00 $ 50,702.00 Service Crane 1 ea. 17.9 Van Lift Gate Library $46,385.00 Included $ 46,385.00 Box 3 ea. 9.0 Animal Health $40,753.00 Included $122,259.00 Service Box Total $592,817.00 L-14313 M&C L-14313 - Approving the conveyance of one Permanent Electrical Convey Easement described as a portion of Lot 1, Block 1, Alta Mesa Pump Station Permanent Addition, Tarrant County, Texas, to TXU Electric Delivery Company at the Electric Easement Alta Mesa Pump Station located on the north side of Alta Mesa Boulevard east at Alta Mesa of South Hulen Street in southwest Fort Worth(DOE 0100). Pump Station CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 5 of 25 L-14314 M&C L-14314 - Authorizing a lease with Hwy 80 Capital, L.P., for additional Lease of Office office space located at 8851 Camp Bowie Boulevard at a monthly lease amount Space at 8851 of $21,015.04 for the Engineering Department; and authorizing the City Camp Bowie Manager to execute the appropriate lease agreement. Boulevard L-14315 M&C L-14315 - Authorizing the City Manager to execute a Lease Agreement Lease for Office with Basswood Crossing Limited Partnership for office space located at 7451 Space at 7451 North Beach Street for the Code Compliance Department for an amount not to North Beach exceed $40,635.00 annually; and authorizing the agreement to be effective on Street May 1, 2007, and ending April 30, 2014. L-14316 M&C L-14316 - Approving the acquisition of two acres of vacant land Acquire Land for described as a portion of Lot 2, Block 1, Trinity Industrial Plaza, Tarrant Construction of County, Texas, from FlightSafety Texas, Inc., located in east Fort Worth for the Fire Station construction of Fire Station Number 27 (DOE 5436); finding that the price Number 27 offered in the amount of $500,000.00, plus an estimated closing cost of $4,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14317 M&C L-14317 - Approving the conveyance of one Permanent Easement and Convey right-of-way described as a portion of Block 5, Alan Ward Survey, Tarrant Permanent County, Texas, from the City of Fort Worth to TXU Electric Delivery Easement and Company for the installation of overhead and/or underground electric supply Right-of-Way for and communications facilities at Spinks Airport. Installation of Overhead and/or Underground Electric Supply and Communication Facilities at Spinks Airport PZ-2740 M&C PZ-2740 - Adopting Ordinance No. 17526-05-2007 vacating and Ord. No. 17526- extinguishing a portion of Randol Mill Road right-of-way, located north of 05-2007 John T. White Boulevard, and situated in the G.W. Clark Survey, Abstract No. Right-of-Way 1812, in the City of Fort Worth, Tarrant County, Texas; and waiving any and Vacation all purchase fee value of the vacated land in accordance with City policy (M&C (VA-07-002) G-15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 6 of 25 C-22088 M&C C-22088 - Authorizing the City Manager to execute a Public Right-of- Midstream Gas Way Use Agreement with Texas Midstream Gas Services, LLC., (Texas Services, LLC. Midstream Gas Services) that grants Texas Midstream Gas Services a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a fresh-water pipeline. C-22089 M&C C-22089 - Authorizing the City Manager to execute an Interlocal City of Benbrook Agreement with the City of Benbrook for the resurfacing of Chapin Road from Renzel Boulevard to Cork Place for a total cost to the City of Fort Worth not to exceed $40,000.00. C-22090 M&C C-22090 - Authorizing the City Manager to execute a contract with AA AA Applicators, Applicators, Inc., in the amount of $33,160.00, for the reroof of the Edwards Inc. Ranch water pump station at 3207 Overton Park West, Fort Worth. C-22091 M&C C-22091 - Authorizing the City Manager to enter into an agreement with Fort Worth and the Fort Worth and Western Railroad for the installation of a new crossing Western surface in the 2400 block of Long Avenue for the estimated cost of$66,000.00. C-22093 M&C C-22093 - Authorizing the City Manager to enter into two perpetual Union Pacific Pipeline Crossing Agreements with Union Pacific Railroad Company for an Railroad encased 54-inch potable water pipeline crossing located at milepost 251.42 Company (DOE 4083_02360-66) and milepost 252.71 (DOE 4083_02360-67), for a one- time cost of$1,500.00 each and a total cost of$3,000.00. C-22094 M&C C-22094 - Rescinding the award of contract to Intercon Environmental Intercon Services, Inc.; and authorizing the City Manager to execute a contract with Environmental Intercon Environmental, Inc., for removal, packaging, transportation and Services, Inc., and disposal of asbestos-containing materials and mold contaminated materials Intercon from City-owned facilities, for a one year contract with two successive one- Environmental, year renewal options with an annual fee not to exceed $50,000.00 for each Inc. contract year. C-22095 M&C C-22095 - Authorizing the transfer of $160,000.00 from the Water and Ord. No. 17527- Sewer Operating Fund to the Water Capital Projects Fund; adopting 05-2007 Appropriation Ordinance No. 17527-05-2007 increasing estimated receipts and Deltatek appropriations in the Water Capital Projects Fund in the amount of$160,000.00 Engineering from a Water and Sewer Operating Fund transfer, for the purpose of executing an engineering agreement with Deltatek Engineering for the South Holly Water Treatment Plant Clearwell No. 6 and No. 7 Rehabilitation; and authorizing the City Manager to execute an engineering agreement with Deltatek Engineering in the amount of $150,000.00 for the South Holly Water Treatment Plant Clearwell No. 6 and No. 7 Rehabilitation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 7 of 25 C-22096 M&C C-22096 - Authorizing the City Manager to apply for and accept a grant Ord. No. 17528- for the Library Department's Interlibrary Loan Program in the amount of 05-2007 $356,571.00 from the Texas State Library and Archives Commission and the Texas State U.S. Department of Education; authorizing the City Manager to execute a grant Library and agreement with the Texas State Library and Archives Commission relating to Archives such grant; adopting Appropriation Ordinance No. 17528-05-2007 increasing Commission and estimated receipts and appropriations in the Grants Fund in the amount of U.S. Department $356,571.00, subject to receipt of the grant from the U.S. Department of of Education Education and the Texas State Library and Archives Commission, for the purpose of funding the Interlibrary Loan Program; and applying indirect costs using the most recently approved indirect cost rate of 23.0 percent for the Library Department. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Davis, Presentations by that Jyl De Haven be appointed to Place 2 on the Urban Forestry Board City Council effective May 1, 2007, and with a term expiring October 1, 2008. The motion Appointments carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI There was presented a resolution supporting Senate Bill 1693 granting Res. No. 3481-05- municipalities and counties the authority to create an inland port authority. 2007 Support Senate At the request of Council Member Espino, Assistant City Manager Joe Bill 1693 Granting Paniagua advised the Council of the following staff concerns with various Municipalities and provisions included in SB 1693: Counties Authority to 1. The legislation was not clear whether the authority was subject to open Create Inland Port meetings. Authority 2. Can the authority be created without the consent of the City? It appeared that a county or two or more counties could create an authority without the City's involvement (672.051). 3. In order for the City to withdraw from the authority, debt holders must agree with the withdrawal in writing. If the City had no obligation to pay the debt of the authority (672.305), why require debt holder approval. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 8 of 25 4. The authority may reimburse a private party for improvements made (672.202). If this is coupled with the tax exempt status of property owned by the authority, could this provision be interpreted to make even current improvements tax exempt if the authority reimbursed the private party for cost of the improvement? 5. No members of the City Council or staff could be authority board members (672.103). Staff would prefer this be omitted only to allow for elected members and employees to be appointed. 6. Are the City's development standards imposed over the portion of the land that would be in the authority? 7. Relative to voting and quorum (672.104), it appeared that in its current written form, any number of board members present could conduct and vote on authority business. 8. Relative to the setting of the property tax rate, the bill allowed for the inland port authority to set the rate as high as the highest participating agency. Agreement was reached between staff and the legislative committee that the property tax rate would be set at a lower level; perhaps as low as $0.10. Mike Berry Mr. Mike Berry, 6217 Genoa Road, appeared before Council in support of the resolution supporting SB 1693. He stated that he had testified in Austin all day. He further advised Council of the $0.10 cap placed on the tax rate and stated there would be no residential included. He added that the primary objective of the bill was to build the City's infrastructure and raising money for future economic development. Council Member Davis stated that she did not know much about Inland Port Authorities but that it appeared they had powers very similar to those of a municipality, e.g., selling of bonds, eminent domain, special property taxes, etc. She expressed concern with providing these powers without input by the public and added that she hoped he worked with City staff and the Council to tailor these powers per testimony of Mr. Berry while he was in Austin. Mr. Berry advised that passing SB 1693 did not give Alliance the power to create an authority. He assured the Council that the public process needed to take place as well as obtaining approval from the City, County and School District. He advised that the eminent domain provision was removed from the bill today and stated that Senator Nelson thought it important that various government agencies indicate their support of the bill at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 9 of 25 Council Member Espino made a motion, seconded by Council Member Jordan, that Resolution No. 3481-05-2007 be adopted with the list of attached concerns as presented by Assistant City Manager Paniagua. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3482-05- There was presented a resolution appointing the following new members to 2007 serve on the Mayor's Advisory Commission on Homelessness, beginning Appoint Members May 1, 2007, and with terms expiring as follows: to Serve on Mayor's Advisory NAME PLACE EXPIRATION OF TERM Commission on Homelessness Judith Dillard Place 16 September 30, 2008 Yolanda Thompson Place 19 September 30, 2007 Council Member Davis made a motion, seconded by Council Member Espino, that Resolution No. 3482-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3483-05- There was presented a resolution supporting a Memorandum of Agreement 2007 between the City of Fort Worth and Hanson Roof Tile, Inc., for the provision of Provide Visual a visual environmental buffer between a permanent concrete batch plant and the Environmental affected area. Buffer Between Permanent Mayor Pro tem Hicks stated that this resolution was no indication that the Concrete Batch Council supported these businesses in the neighborhood. Plant and Affected Area Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3483-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council, at its meeting of April 10, 2007, continued the G-15677 public hearing to adopt an ordinance amending Chapter 30, "Streets and Ord. No. 17529- Sidewalks" of the City Code to provide for the regulation and permitting of 05-2007 newsracks in the downtown area. Mayor Moncrief opened the public hearing Amend Chapter and asked if there was anyone present desiring to be heard. 30, Article VII of the City Code Ms. Sarah Fullenwider, Assistant City Attorney, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G- 15677, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 10 of 25 There was presented Mayor and Council Communication No. G-15677, dated April 10, 2007, from the City Manager recommending that the City Council hold a public hearing and adopt an ordinance amending Chapter 30, "Streets and Sidewalks" of the Code of the City of Fort Worth (1986), as amended, by adding a new article, Article VII, entitled "Newsracks" to provide for the regulation and permitting of newsracks in public rights-of-way. (Council Member Wheatfall left his place at the dais.) Ms. Fullenwider stated that the following amendments were recommended based on the merging of the Planning and Development Departments: 1. Replace all references to the Director of Transportation and Public Works with the City's Department of Planning and Development for permitting purposes and the City's Department of Code Compliance for enforcement purposes. 2. Revise Section 30-105, "Permits" as follows: a. Amend Subsection D.B., to delete the reference to the dollar amount for the administrative fee. b. Add new language to Subsection I. to address the issue of relocating newsracks due to new development to read as follows: If a new building or development occurs adjacent to or near a permitted location that causes the permitted location or permitted newsrack to no longer meet the requirements of this ordinance, the City shall, after notification to the permittee, move the permitted newsrack to the nearest permitted and available location that meets the requirements of the ordinance. c. Amend Subsection G., to make the initial permit a one year permit. 3. Add new Subsection F. of Section 30-107, "Location, Placement and Number" to read as follows: No more than one group of newsracks shall be allowed per 100 feet of block face, which shall include locations at or near the corner of the block face. No groups of newsracks shall be allowed less than 50 feet from another group of newsracks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 11 of 25 4. Change the effective date of the ordinance to September 1, 2007, by revising Section 7 of the ordinance to read as follows: This ordinance shall take effect on September 1, 2007, after adoption and publication as required by law. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15677 be approved and Ordinance No. 17529-05-2007 be adopted as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15691 There was presented Mayor and Council Communication No. G-15691, dated Reduce Gas Well April 24, 2007, from the City Manager recommending that the City Council Construction grant the request of the developer, The Ranches East LP, to reduce the existing Setback to Allow gas well construction setback distance for Lot 37, Block 12, in the Ranches East Residential Addition from 200 feet to 195 feet from the Encana Oil & Gas, Lonzo-Medlin Building No. 2 wellbore to allow residential building construction. Construction Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15691 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15693 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. G-15693, Authorize Additional Compensation to be Paid Consideration to Deloitte & Touche, LLP, for the Completion of the FY 2005 Audit and Adopt Appropriation Ordinance, be withdrawn from consideration. G-15707 There was presented Mayor and Council Communication No. G-15707 from Ord. No. 17530- the City Manager recommending that the City Council adopt an ordinance 05-2007 amending the Fort Worth Building Code, by providing for a change in the Amend membership of the Construction and Fire Prevention Board of Appeals. Membership of Construction and Council Member Davis made a motion, seconded by Council Member Jordan, Fire Prevention that Mayor and Council Communication No. G-15707 be approved and Board of Appeals Ordinance No. 17530-05-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 12 of 25 G-15708 There was presented Mayor and Council Communication No. G-15708 from Ord. No. 17531- the City Manager recommending that the City Council adopt a supplemental 05-2007 appropriation ordinance increasing appropriations in the General Fund in the Fund Class of 28 amount of $930,510.00 and decreasing the unreserved, undesignated fund Fire Trainees balance by the same amount, for the purpose of funding a class of 28 fire trainees. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15708 be approved and Ordinance No. 17531-05-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing for G-15709 consideration of a variance from Section 4-4 of the City Code to allow the sale Variance to Sale of of alcoholic beverages at the Qdoba Mexican Grill, located at 550 Alcoholic Throckmorton Street (AA07-00002). Mayor Moncrief opened the public Beverages at 550 hearing and asked if there was anyone present desiring to be heard. Throckmorton Street (Council Member Wheatfall returned to his place at the dais.) Ms. Dana Burghdoff, Planning Department Assistant Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15709, as follows: There was presented Mayor and Council Communication No. G-15709 from the City Manager recommending that the City Council consider the request of Kathy L. Gildon of O&S First Investments, for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages at the Qdoba Mexican Grill, located at 550 Throckmorton Street (AA07-00002), within 300 feet of a church. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15709 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10573 There was presented Mayor and Council Communication No. P-10573 from the Ord. No. 17532- City Manager recommending that the City Council authorize the purchase of 05-2007 three new fire apparatus through Houston Galveston Area Council Contract No. Fire Apparatus JC14 with Emergency Vehicles of Texas for the Fire Department for a cost not CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 13 of 25 to exceed $1,705,520.00 with payment due within 30 days of the date of the invoice; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $1,705,520.00 to be obtained through the City's Equipment Note Program approved on February 9, 1999, (M&C G-12462) by Ordinance No. 13701 for the purpose of funding the purchase of three new fire apparatus from Houston Galveston Area Council Contract No. JC14 with Emergency Vehicles of Texas for the Fire Department. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10573 be approved and Appropriation Ordinance No. 17532-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2739 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. PZ-2739, Adopt an Ordinance Vacating a 0.139 Acre May 8, 2007 Portion of Oakhurst Scenic Drive Adjacent to Lots 12, 13 and Part of Lot 14 of Block 1, West Oakhurst Addition in the City of Fort Worth, be continued until the May 8, 2007, Council meeting. C-22092 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. C-22092, Authorize Amendment No. 3 to Engineering Consideration Agreement with CH2M Hill, Inc., for Southside II Water Transmission Main from Rolling Hills Treatment Plant to the Crowley Road/Risinger Road Intersection and Adopt Appropriation Ordinance (City Project No. 00303), be withdrawn from consideration. C-22097 There was presented Mayor and Council Communication No. C-22097 from the United City Manager recommending that the City Council amend the existing Community agreement with United Community Centers, Inc., authorized by M&C C-20722, Centers, Inc. to authorize the use of Community Development Block Grant (CDBG) funds to assist with the construction of a new Polytechnic Community Center located in Council District 8; approve the use of $175,000.00 of CDBG Year XXXI unprogrammed funds to assist with the construction of the new Polytechnic Community Center; and amend an agreement with United Community Centers, Inc., to include the additional $175,000.00 to assist with the new construction for a total of$425,000.00. (Council Member Espino left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 14 of 25 Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22097 be approved, with appreciation to United Community Center, Inc. and the City staff The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22098 There was presented Mayor and Council Communication No. C-22098 from the Legacy City Manager recommending that the City Council authorize the City Manager Marketplace to enter into a Unified Sign Agreement with Legacy Marketplace Partners, LP, Partners, LP in the 9600 block of Legacy Drive. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22098 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22099 There was presented Mayor and Council Communication No. C-22099 from the Ord. No. 17533- City Manager recommending that the City Council authorize the transfer of 05-2007 $992,180.89 from the Water and Sewer Operating Fund to the Water Capital Stabile & Winn, Projects Fund in the amount of$820,107.50 and Sewer Capital Projects Fund in Inc. the amount of $172,073.39; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$820,107.50 and the Sewer Capital Projects Fund in the amount of $172,073.39 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main and Replacement on portions of Avenue H, Avenue A, Newark Avenue, Avenue I, Court Street, Parkdale Avenue and Avenue G (City Project No. 00275); and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $2,572,329.25 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Avenue H (South Ayers Avenue to Miller Avenue), Avenue A (Nashville Avenue to Thrall Street), Newark Avenue (Avenue C to East Rosedale Street), Avenue I (South Collard Street to Bishop Street), Court Street (North Dead End to East Vickery Boulevard), Parkdale Avenue (Koch Street to Vickery Boulevard) and Avenue G (South Beach Street to Binkley Street) (Project No. 00275). (Council Member Espino returned to his place at the dais.) Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22099 be approved and Appropriation Ordinance No. 17533-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 15 of 25 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on April 18, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-299A There was presented Zoning Docket No. ZC-06-299A, application of the City Approved of Fort Worth for a change in zoning of property located at 3709, 3711, 3713 and 3715 Crestline Road from "C" Medium Density Multifamily Residential to "PD/SU" Planned Development/Specific Use for all uses in "R1" Zero Lot Line/Cluster Residential with a waiver for the front, side and rear setbacks as well as the required 15 percent open space, with waiver of site plan recommended. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-299A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-001 It appeared that the City Council, at its meeting of April 3, 2007, continued the Approved hearing of the application of Pleasant Gardens, L.P., for a change in zoning of property located at 3145 Ramona Drive from "A-5" One Family Residential to "I" Light Industrial, Zoning Docket No. ZC-07-001. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Pleasant Gardens, L.P., Council Member Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-001 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-002 There was presented Zoning Docket No. ZC-07-002 and Site Plan No. SP-07- SP-07-001 001, application of M&M Properties, L.P., for a change in zoning of property Continued Until located at 1116 and 1120 North Beach Street, 3910 Wheeler Street, and 1151, June 5, 20007 1155, 1161 and 1163 Harper Street from "B" Two Family Residential, "E" Neighborhood Commercial and "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus auto parts supply, limited to an approximately 2,500 square foot building area, and 35' wide driveway along Wheeler Street, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 16 of 25 Council Member Scarth stated that the applicant had requested this case be continued for one month and made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-002 and Site Plan No. SP-07-001, be continued until the June 5, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-022 It appeared that the City Council, at its meeting of April 3, 2007, continued the SP-07-010 hearing of the application of D.H. Management, Inc., et al., for a change in SP-07-011 zoning of property located at 3650, 3700, 3708, 3710 and 3712 Tulsa Way, and Approved 3701 Camp Bowie Boulevard from "PD-679" Planned Development for townhomes to amend "PD-666" Planned Development to add a bank drive through lane, and for 3626 through 3636, 3650, and 3700 through 3710 Tulsa Way to reduce the overall density of an approved townhouse development, with site plans required, Zoning Docket No. ZC-07-022 and Site Plan Nos. SP-07- 010 and SP-07-011. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of D.H. Management, Inc., et al., Council Member Burdette made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-022 and Site Plan Nos. SP-07-010 and SP-07- 011 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-024 There was presented Zoning Docket No. ZC-07-024, application of David J. Approved Wells for a change in zoning of property located at 8801 Marlene Drive and in the 1749 block of Oak Grove Shelby Road from "B" Two Family Residential, "C" Medium Density Multifamily Residential, "CR" Low Density Multifamily Residential, and "ER" Neighborhood Commercial Restricted to (Tract 1) "A-5" One Family Residential and (Tract 2) "ER Neighborhood Commercial Restricted. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-024, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-025 It appeared that the City Council, at its meeting of April 3, 2007, continued the Approved hearing of the application of Chuck Wyche for a change in zoning of property located at 6250 Old Hemphill Road from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for collection and disposal of non- hazardous household waste items, with site plan required, Zoning Docket No. ZC-07-025. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 17 of 25 There being no one else present desiring to be heard in connection with the application of Chuck Wyche, Council Member Jordan made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-025 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-029 There was presented Zoning Docket No. ZC-07-029, application of United Approved American Financial for a change in zoning of property located at 13501 Oak Grove Road South from "A-43" One Family Residential to "A-21" One Family Residential. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-029, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-030 There was presented Zoning Docket No. ZC-07-030, application of 6000 Approved Company, Ltd., Inc., for a change in zoning of property located at 2701 Wingate Street from "E" Neighborhood Commercial to "MU-1" Low Intensity Mixed Use. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-030, be approved with appreciation to Charles and Mary Rogers. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-07-016 There was presented Site Plan No. SP-07-016, application of Diamond Marie Approved Simmons-James for a site plan of property located at 2210 Miller Avenue for for retail center. Joyce Simmons Ms. Joyce Simmons, 3917 Miller Avenue, appeared before Council in opposition of the requirement for a masonry wall to be constructed at the retail center. She stated that she had complied with three of the four requirements of the City Zoning Commission, that she had gathered signatures from the neighborhood stating they had no objections to a wooden fence being constructed and that the pastor of Rising Star Baptist Church did not oppose the wooden fence. She requested the Council allow her to build a wooden fence instead of the masonry wall. Council Member Wheatfall stated that he had received telephone calls from residents in the community. He added that Miller Avenue was becoming more of a retail nature and that he had received a request from Rising Star Baptist CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 18 of 25 Church that the City require a noise buffer be constructed between the retail center and the neighborhood. He pointed out that a masonry wall would provide a better noise buffer from traffic and noise and emphasized that it was a good measure to place a masonry wall between retail centers and residential neighborhoods. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Site Plan No. SP-07-016, be approved with the requirement of a masonry wall between the retail center and residential neighborhood. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-033 There was presented Zoning Docket No. ZC-07-033 and Site Plan No. SP-07- SP-07-017 017, application of Mental Health Housing Development Corporation for a Approved change in zoning of property located at 800 South Jennings Avenue from "D" High Density Multifamily Residential to "PD/SU" Planned Development/Specific Use for apartments with office space for on-site support services, and with site plan required. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-033 and Site Plan No. SP-07-017, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-034 There was presented Zoning Docket No. ZC-07-034, application of the Approved Stanford Company for a change in zoning of property located at 705 and 709 Travis Avenue, and 710 and 714 West Leuda Street from "D" High Density Multifamily Residential to "MU-1" Low Intensity Mixed Use. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-034, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-035 There was presented Zoning Docket No. ZC-07-035 and Site Plan No. SP-06- SP-06-048 048, application of Race Street Properties, L.P., for a change in zoning of Continued Until property located at 2707, 2711 and 2719 Race Street, and 717 and 719 Blandin May 8, 2007 Avenue from "J" Medium Industrial and "PD-740" Planned Development for all uses in "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial with residential use, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 19 of 25 Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-035 and Site Plan No. SP-06-048, be continued until the May 8, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-036 There was presented Zoning Docket No. ZC-07-036, application of Centreport Approved Venture, Inc., for a change in zoning of property located in the 14000 block of Centre Station Drive from "J" Medium Industrial to "D" High Density Multifamily Residential. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-036, be approved. Council Member Davis inquired if there was any consideration given to changing the zoning to MU-1 or MU-2 zoning. Barry Hudson Mr. Barry Hudson, 1501 Merrimac Circle, Suite 100, representing the applicant, appeared before Council in support of the zoning change. He stated that he looked at MU-2 zoning and that either "D" or MU-2 zoning would be workable for the development. He stated that the only problem with the MU-2 zoning was that there was not a site plan. Ms. Dana Burghdoff, Planning Department Assistant Director, and Mr. Bob Riley, Development Department Director addressed setback requirements for "MU-2" Zoning. Jeff Mann Mr. Jeff Mann, representing the applicant, appeared before Council and addressed "D" zoning. He stated the applicant was proposing a development with an urban feel and an open space interior. Council Member Wheatfall withdrew his motion and Council Member Espino withdrew his second. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-036, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in MU-2 and with a maximum of a 20 foot setback and with site plan required. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 20 of 25 ZC-07-037 There was presented Zoning Docket No. ZC-07-037, application of Brooke and Approved Mark Rollins for a change in zoning of property located at 2232 Winton Terrace West from "A-5/1313" One Family Residential/Demolition Delay to "A- 5/HC" One Family Residential/Historic and Cultural Overlay. Council Member Davis made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-07-037, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-038 There was presented Zoning Docket No. ZC-07-038, application of Fort Worth Approved ISD for a change in zoning of property located at 3201 Refugio Avenue from "B" Two Family Residential to `B/HC" Two Family Residential/Historic and Cultural Overlay. Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-038, be approved with appeciation. The motion carried unanimously nine (9) ayes to zero (0) nays. City Attorney Yett stated that Items 21-44 listed under Section XV, Zoning Hearing, of the posted Council meeting agenda all represented City of Fort Worth surplus property that were being rezoned to comply with the City's Comprehensive Plan. He added that all items could be voted by a single motion with the exception of Item 32, Zoning Docket No. ZC-07-051, as Mayor Pro tem Hicks would make a separate motion on that item. Council Member Jordan made a motion, seconded by Council Member Davis, that Items 21-44 under Section XV of the posted Council Meeting agenda be approved with the exception of Item 32, Zoning Docket No. ZC-07-051. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-040 Zoning Docket No. ZC-07-040 application of the City of Fort Worth for a Approved change in zoning of property located at 4832 Mobile Drive from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-041 Zoning Docket No. ZC-07-041 application of the City of Fort Worth for a Approved change in zoning of property located at 2915 Ross Avenue from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-042 Zoning Docket No. ZC-07-042 application of the City of Fort Worth for a Approved change in zoning of property located at 4608 Avenue J from "B" Two Family Residential to "A-5" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 21 of 25 ZC-07-043 Zoning Docket No. ZC-07-043 application of the City of Fort Worth for a Approved change in zoning of property located at 3836 Burnice Drive from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-044 Zoning Docket No. ZC-07-044 application of the City of Fort Worth for a Approved change in zoning of property located at 1450 Langston Drive from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-045 Zoning Docket No. ZC-07-045 application of the City of Fort Worth for a Approved change in zoning of property located at 3601 Tarrant Road from "I" Light Industrial to "A-5" One Family Residential. ZC-07-046 Zoning Docket No. ZC-07-046 application of the City of Fort Worth for a Approved change in zoning of property located at 5412 Elgin Street from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-047 Zoning Docket No. ZC-07-047 application of the City of Fort Worth for a Approved change in zoning of property located at 3620 Hardeman Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-048 Zoning Docket No. ZC-07-048 application of the City of Fort Worth for a Approved change in zoning of property located at 3617 Rufus Street from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-049 Zoning Docket No. ZC-07-049 application of the City of Fort Worth for a Approved change in zoning of property located at 624 Isbell Road from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-050 Zoning Docket No. ZC-07-050 application of the City of Fort Worth for a Approved change in zoning of property located at 6300 Woodcreek Trail from "R1" Zero Lot Line/Cluster Residential to "A-5" One Family Residential. ZC-07-052 Zoning Docket No. ZC-07-052 application of the City of Fort Worth for a Approved change in zoning of property located at 1008 East 11th Street from "J" Medium Industrial to "H" Central Business. ZC-07-053 Zoning Docket No. ZC-07-053 application of the City of Fort Worth for a Approved change in zoning of property located at 1318 Ash Crescent Street from "B" Two Family Residential to "A-5" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 22 of 25 ZC-07-054 Zoning Docket No. ZC-07-054 application of the City of Fort Worth for a Approved change in zoning of property located at 1440 East Baltimore Avenue from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-055 Zoning Docket No. ZC-07-055 application of the City of Fort Worth for a Approved change in zoning of property located at 2104 Daniel Street from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-056 Zoning Docket No. ZC-07-056 application of the City of Fort Worth for a Approved change in zoning of property located at 1013 Evans Avenue from "A-5" One Family Residential to "MU-1" Low Intensity Mixed Use. ZC-07-057 Zoning Docket No. ZC-07-057 application of the City of Fort Worth for a Approved change in zoning of property located at 109 Hogg Street from "J" Medium Industrial to "H" Central Business. ZC-07-058 Zoning Docket No. ZC-07-058 application of the City of Fort Worth for a Approved change in zoning of property located at 1305 East Richmond Avenue from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-059 Zoning Docket No. ZC-07-059 application of the City of Fort Worth for a Approved change in zoning of property located at 3712 Avenue I from "B" Two Family Residential to "A-5" One Family Residential. ZC-07-060 Zoning Docket No. ZC-07-060 application of the City of Fort Worth for a Approved change in zoning of property located at 408 West Bowie Street from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-061 Zoning Docket No. ZC-07-061 application of the City of Fort Worth for a Approved change in zoning of property located at 2808 South Adams Street from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-062 Zoning Docket No. ZC-07-062 application of the City of Fort Worth for a Approved change in zoning of property located at 4609 Hemphill Street from `B" Two Family Residential to "A-5" One Family Residential. ZC-07-063 Zoning Docket No. ZC-07-063 application of the City of Fort Worth for a Approved change in zoning of property located at 2801 College Avenue from "B" Two Family Residential and "PD-382" Planned Development for a community center to amend "PD-382" Planned Development for a community center, to include a playground area, and with waiver of site plan recommended for playground area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 23 of 25 ZC-07-051 There was presented Zoning Docket No. ZC-07-051 application of the City of Continued Until Fort Worth for a change in zoning of property located at 918 Verbena Street May 8, 2007 and 1104 Veal Street from "B" Two Family Residential to "MU-1" Low Intensity Mixed Use. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-051, be continued until the May 8, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-287 There was presented Zoning Docket No. ZC-06-287 and Site Plan No. SP-06- SP-06-051 051, application of D & KW Family, L.P., for a change in zoning of property Denied With located at 5901 South Freeway from "I" Light Industrial to "PD/SU" Planned Prejudice Development/Specific Use for all uses in "P' Light Industrial, plus concrete recycling and with site plan required. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-287 and Site Plan No. SP-06-051, be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-027 There was presented Zoning Docket No. ZC-07-027, application of Dale Denied Without Sustaire for a change in zoning of property located at 9552 Santa Paula Drive Prejudice from "A-5" One Family Residential to "PD/SU" Planned Development/Specific Use for retail sales general and outside storage, relating to signs and equipment, with waiver of site plan requested. Council Member Silcox made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-027, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-032 There was presented Zoning Docket No. ZC-07-032, application of TDHB, Denied Inc., for a change in zoning of property located at 6008 Eastland Street from "A-5" One Family Residential to `B" Two Family Residential. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-032, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE 24 of 25 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17534-05-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVI Mayor Moncrief recognized Mr. Joe Don Brandon, 1515 East Lancaster, as Citizen desiring to appear before Council relative to a community update from the Presentations homeless community; however, Mr. Brandon was not present in the Council Joe Don Brandon Chamber. Milner Duvall Mr. Milner Duvall, 3138 '/z Willing Avenue, appeared before Council relative to electric service to property that he owns and rents out. He advised of not being able to get electric service and the requirements placed on him to get service. He stated that he had complied with all the requests of the City, but still could not obtain the approval for installation of an electric meter at this property. He advised the Council that he provided affidavits attesting to the continual occupancy of the property and that there had been no objection by the neighborhood. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1,2007 PAGE 25 of 25 Council Member Davis provided background on Mr. Duvall's property and the process to have the property approved for the electric meter. She advised Mr. Duvall that he would have to go through the City's Board of Adjustment. Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, appeared before Council and inquired why Mayor Moncrief had not attended any of the six public forums held in the northwest neighborhood. She asserted that the Mayor was not being responsible to the public and extended invitations to the three candidates running for Mayor of Fort Worth and asked them to call her at (817) 237-7972 to schedule the forum. Agenda Item There being no further business, the meeting was adjourned at 8:37 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 8t' day of May, 2007. Attest: Approved: Mar4He x Michael J. ncrie City Secretary Mayor