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HomeMy WebLinkAbout2007/05/15-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 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 10:07 a.m. on Tuesday, May 15, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Davis temporarily absent. Agenda Item H The invocation was given by Reverend Brett Ballard, Central Christian Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Members Espino and Davis assumed their places at the Council dais.) Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of May 8, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Davis presented a Proclamation for National Preservation Special Month to Ms. Lisa Lowry, Chair, Historic Fort Worth, Inc. Presentations Mayor Pro tem Hicks presented a Proclamation for Community Action Month. (Mr. Karl Bradley, Chair of the Community Action Partners Council, was not present in the Council Chamber to receive the proclamation.) Mr. Chris Dennis, Administrator, Fort Worth Library recognized the Idearc Media Corporation, the American Library Association and William Clark Painting for their assistance with the renovation of the Fort Worth Riverside Branch Library. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 2 of 18 Mr. Dave Lewis, Regional Vice President of Sales for Idearc Media, stated that Idearc was a spin-off of Verizon and added that Fort Worth was the starting place for developing a prototype of how the company wanted to work in communities. He added that the company hoped to duplicate the model set in Fort Worth in other cities across the country. Agenda Item VI Mayor Moncrief expressed appreciation to citizens of the City for their support Announcements of the Council. He stated that the outcome of the City Council election on May 12, 2007, was testament to the confidence citizens had in the Council, that the citizens believed in what the Council was doing and that the City was headed in the right direction. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15721 be withdrawn from the consent agenda. Consent Agenda Agenda Item City Manager Boswell requested that Mayor and Council Communication Nos. VIII G-15728 and G-15729 be withdrawn from consideration. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, 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-1609 M&C OCS-1609 - 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. G-15719 M&C G-15719 - Authorizing the City Manager to accept additional grant Ord. No. 17542- adjustment funds of$53,840.14 from the State of Texas - Governor's Division of 05-2007 Emergency Management to the City of Fort Worth's FY 2005 Homeland Accept Funds for Security Grant; and adopting Appropriation Ordinance No. 17542-05-2007 Enhancement to increasing estimated receipts and appropriations in the Grants Fund in the Prevent, Respond amount of$53,840.14, subject to receipt of additional State Homeland Security to and Recover Grant Adjustment Funds from the State of Texas, Governor's Division of from Acts of Emergency Management, for the purpose of funding the enhancement of the Terrorism and jurisdiction's capability to prevent, respond to, and recover from acts of Natural Disasters terrorism and natural disasters. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 3 of 18 G-15720 M&C G-15720 - Authorizing a six month extension of injury leave-of-absence Extend Injury pay benefits for Police Officer Ben Holland retroactive from March 21, 2007, Leave-of Absence through September 21, 2007. Pay Benefits to Police Officer Ben Holland G-15722 M&C G-15722 - Authorizing the transfer of$575,000.00 from the Storm Water Ord. No. 17543- Fund to the Storm Water Capital Projects Fund; and adopting Appropriation 05-2007 Ordinance No. 17543-05-2007 increasing estimated receipts and appropriations Fund Multiple in the Storm Water Capital Projects Fund in the amount of$575,000.00 from a Storm Water Storm Water Operating Fund transfer, for the purpose of funding multiple storm Utility Capital water utility projects. Projects G-15723 M&C G-15723 - Authorizing the City Manager to sign the application waiver Waive JABG for the Juvenile Accountability Block Grant (JABG) for Fiscal Year 2007 from Funds to Tarrant the Office of the Government Criminal Justice Division in the amount of County Juvenile $24,133.00 to waive the grant funds to Tarrant County Juvenile Services. Services G-15724 M&C G-15724 - Considering and adopting the findings and opinions of the City Ord. No. 17544- staff as presented herein; finding that the public necessity and convenience 05-2007 require the operation of five limousines upon the city streets, alleys, and Grant Privilege thoroughfares; and adopting Ordinance No. 17544-05-2007 granting the to Latko privilege of operating authority to Latko Transportation, for the use of the Transportation to streets, alleys and public thoroughfares of the City in the conduct of its Operate limousine business which shall consist of the operation of five (5) limousines for Limousines Upon a three (3) year period beginning on the effective date; specifying the terms and Streets, Alleys conditions of the grant; providing a severability clause; making this ordinance and Public cumulative of all ordinances; providing for a penalty; providing for written Thoroughfares acceptance by Latko Transportation complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth(1986), as amended. P-10575 M&C P-10575 - Authorizing an agreement with Vanguard Utility Services, Inc., Water Meters for the acquisition and installation of water meters for the Water Department based upon best value, with payments due 30 days from receipt of invoices; Water Meters $36.10 Each Meter Installation $22.75 Each Junk Meter-In Allowance $ 1.25 Each CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 4 of 18 Authorizing this agreement to begin May 8, 2007, and expire May 7, 2008, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Local Government Code, Chapter 271.02, "Cooperative Purchasing Program". P-10576 M&C P-10576 - Authorizing a purchase agreement for publication of official Publish Official notices with the Fort Worth Star-Telegram for the City of Fort Worth and name Notices the Fort Worth Star-Telegram as the official newspaper with payment due 30 days after receipt of invoice; and authorizing this agreement to begin June 1, 2007, and expire May 31, 2008. P-10577 M&C P-10577 - Authorizing purchase agreements for agricultural fertilizers Agricultural with Lesco, Inc., and Justin Seed for the Parks and Community Services Fertilizers Department based on the low bid by line items as follows, with payments due 30 days from date of invoice; Vendors Line Items Lesco, Inc. 1-5 Justin Seed 6-8 and 10-12 Authorizing these agreements to begin May 15, 2007, and expire May 14, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Local Government Code, Section 271.102, "Cooperative Purchasing Program". L-14318 M&C L-14318 - Authorizing the direct sale of a tax-foreclosed property Sale of Tax described as Lot 3, Block 3, Whitehall Addition, located at 4208 Comanche Foreclosed Street in accordance with Section 34.05 of the Texas State Property Tax Code to Property Charles Johnson (DOE 920) in the amount of $1,844.00; and authorizing the City Manager to execute and record the appropriate documents conveying the property to complete the sale. L-14319 M&C L-14319 - Authorizing and accepting the acquisition of one Permanent Acquire Water Main Easement from Jerry L. Bransom on the property described as being Permanent a strip of land out of Lot 1, Block 1, of the Clardy Addition, located at 9320 Water Main Crowley Road, Fort Worth, Tarrant County, Texas (DOE 4083), needed for the Easement purpose of installing 21,700 linear feet of 54-inch water pipe and 13,000 linear feet of 48-inch water pipe from the Rolling Hills Water Treatment Plant to the Crowley Road/Risinger Road intersection in the amount of $5,600.00 plus estimated closing costs of $1,500.00; and authorizing the City Manager to execute the appropriate documentation and record the necessary document. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 5 of 18 L-14320 M&C L-14320 - Authorizing and accepting the acquisition of one Permanent Acquire Water Main Easement from William King Hawkins on the property described as Permanent a being strip of land out of a tract of land, A-1462, Tr. 3C01, located at 9632 Water Main Crowley Road, Fort Worth, Tarrant County, Texas (DOE 4083), needed for the Easement purpose of installing 21,700 linear feet of 54-inch water pipe and 13,000 linear feet of 48-inch water pipe from the Rolling Hills Water Treatment Plant to the Crowley Road/Risinger Road intersection in the amount of $7,400.00 plus estimated closing costs of $2,000.00; and authorizing the City Manager to execute the appropriate documentation and record the necessary document. C-22112 M&C C-22112 - Approving acceptance of a grant for $13,619.20 for Hazardous Ord. No. 17545- Materials Emergency Preparedness Planning from the Governor's Division of 05-2007 Emergency Management; authorizing the City Manager, subject to grant receipt, State Division of to enter into a Grant Agreement with the State Division of Emergency Emergency Management and adhere to the grant specifications; approving and accepting a Management contribution of in-kind labor from the Tarrant County Local Emergency Planning Committee of up to $2,723.84 (20 percent match of the grant of $13,619.20); and adopting Appropriation Ordinance No. 17545-05-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of$13,619.20, subject to receipt of the Hazardous Materials Emergency Preparedness Planning Grant from the State of Texas Governor's Division of Emergency Management, for the purpose of funding the Hazardous Materials Emergency Preparedness programs in the Emergency Management Office. C-22113 M&C C-22113 - Authorizing the City Manager to enter into a non-exclusive Eagle Mountain- lease agreement with Eagle Mountain-Saginaw Independent School District Saginaw (EM-SISD) for a portion of Cantrell-Sansom Road, Park Drive, Cromwell Independent Marine Creek Road (County Road 4124) and two future unnamed roads referred School District to as "Future Road" adjacent to EM-SISD property to accommodate the installation of community facilities required by the construction of EM-SISD elementary schools No. 11, No. 12 and No. 13. C-22114 M&C C-22114 - Approving the correction of M&C C-21942; authorizing and Wellington Point, accepting the execution of one Storm Water Facility Maintenance Agreement LP, and from Wellington Point, LP, and the Wellington Point Homeowners Association Wellington Point for the property located in south Fort Worth (DOE 5287); and authorizing the Homeowners City Manager to record the necessary documents. Association CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 6 of 18 C-22115 M&C C-22115 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. City Secretary Contract No. 31311 with Dannenbaum Engineering Corporation 1 to CSC No. for 2004 Capital Improvements Drainage Project Briarhaven-Fieldcrest Drainage 31311 - Improvements (Project No. 00085), in the amount of $47,088.00 to provide Dannenbaum additional engineering services on the project, thereby increasing the contract by Engineering the amount to $149,008.95. Corporation C-22116 M&C C-22116 - Authorizing the City Manager to transfer $229,366.50 from the Ord. No. 17546- Water Operating Fund to the Water Capital Project Fund in the amount of 05-2007 $229,366.50; adopting Appropriation Ordinance No. 17546-05-2007 increasing McClendon the estimated receipts and appropriations in the Water Capital Projects Fund in Construction Co., the amount of $229,366.50 from a Water Operating Fund transfer, for the Inc. purpose of executing a contract with McClendon Construction Company, Inc., for pavement reconstruction and water replacement on Clinton Avenue and Gould Street (City Project No. 00297); and authorizing the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $702,208.00 for pavement reconstruction and water line replacement on Clinton Avenue from Northwest 23rd Street to Northwest 25th Street and Gould Street from Northwest 25th Street to Northwest 26th Street. C-22117 M&C C-22117 - Authorizing the execution of one Drainage Channel Corning Cable Maintenance Agreement from Corning Cable Systems for property located in Systems north Fort Worth(DOE 5510). C-22118 M&C C-22118 - Authorizing the City Manager to execute an amendment to the Amend Lease existing lease agreement with Fort Worth Plaza Limited Partnership for the Fort Agreement - Fort Worth International Center to increase the amount of office space to 19,183 Worth Plaza square feet located at 808 Throckmorton Street to provide a centralized location Limited for the City's Trinity River Vision Uptown (TRV) project coordination and the Partnership City's Minority/Women Business Enterprise (MWBE) Office; authorizing the lease amendment to begin upon approval and expire on April 30, 2014; authorizing the City Manager to renew the lease for one additional five year term for a total cost of$306,928.00 per year if sufficient funds are appropriated; and authorizing the transfer of $100,000.00 from the General Fund, Non- Departmental, to the Economic and Community Development Department for the funding of the lease through the remainder of the fiscal year and for all costs associated with moving and furnishing the TRV project coordinator and MWBE Office operations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 7 of 18 C-22119 M&C C-22119 - Authorizing the City Manager to apply for, accept, and execute Ord. No. 17547- if awarded, a supplemental grant contract with the U.S. Department of Health 05-2007 and Human Services, Substance Abuse and Mental Health Services U.S. Department Administration, in the amount of $100,000.00; authorizing acceptance of of Health and $200,000.00 of in-kind contributions from community providers in mental Human Services health, education, juvenile justice, health, substance abuse and child welfare for the required in-kind match; and adopting Appropriation Ordinance No. 17547- 05-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of$300,000.00, from available funds, for the purpose of executing a supplemental contract with the U.S. Department of Health and Human Services for community mental health services for children and their families. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Burdette, Presentations by that the following individuals be appointed to the Mayor's Committee on City Council Persons with Disabilities effective May 15, 2007, and with terms expiring as Appointments indicated: NAME EXPIRING Richard Garnett, Place 2 October 1, 2008 (Representing ARC Greater Tarrant County) Paul Baganz, Place 5 October 1, 2007 (Representing Easter Seals Greater NW Texas) Amira Salas, Place 9 October 1, 2007 (Representing REACH Resource Center on Independent Living Paul Enuke, Place 24 October 1, 2008 (Representing Goodwill Industries of Fort Worth) The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. No. 268 There was presented Council Proposal No. 268 proposing that the City Council Waive Fee for authorize a waiver of the zoning change application fee, in the amount of Zoning Change $924.00, for property located at 3705 Crestline Road, subject to an application at 3705 Crestline being made by September 30, 2007. Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 8 of 18 Council Member Burdette explained his Council Proposal and requested favorable consideration. He pointed out that no action was required at this meeting and that this proposal would be before the Council for action at the next Council meeting on May 22, 2007. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15721 There was presented Mayor and Council Communication No. G-15721 from the Conduct Job City Manager recommending that the City Council authorize the City Manager Analysis on to execute a contract with Health Metrics, Inc., to conduct job analysis on public Public Safety safety classifications, develop valid physical ability tests, develop mandatory Classifications, fitness standards, identify light duty positions, and provide training for Police Develop Valid Department, Fire Department and Marshal's Office personnel to conduct and Physical Ability maintain these programs; and authorizing payment in an amount not to exceed Tests, Develop $146,000.00. Mandatory Fitness Mayor Moncrief indicated that he had requested this item be pulled from the Standards, Consent Agenda. He asked staff if the consequences of not complying with the Identify Light standards had been addressed. Duty Positions and Provide Assistant City Manager Joe Paniagua advised that fitness standards and Training for consequence of noncompliance had not been developed at this point; however, Police, Fire and this item would allow for the development of the proposed standards. Marshal Personnel Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15721 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15725 There was presented Mayor and Council Communication No. G-15725 from the Ord. No. 17548- City Manager recommending that the City Council authorize the City Manager 05-2007 to apply for and accept, if awarded, a grant up to $150,000.00 from the U.S. Accept Grant for Department of Housing and Urban Development (HUD) for the City's housing City's counseling services; certify that the activities to be funded with the HUD Homeownership Housing Counseling Grant are consistent with the City's Consolidated Plan; Counseling authorize the City Manager to accept private donations up to a total of Services $15,000.00 to further support the housing counseling program; adopt an appropriation ordinance increasing estimated receipts and appropriations in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 9 of 18 Grants Fund in the amount of$165,000.00, from available funds, for the purpose of funding homeownership counseling services in the Housing Department; and authorizing a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount of $50,000.00 for interim financing of this grant program pending contract execution. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15725 be approved and Appropriation Ordinance No. 17548-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15726 There was presented Mayor and Council Communication No. G-15726 from the Res. No. 3487-05- City Manager recommending that the City Council adopt a resolution providing 2007 that the City of Fort Worth elects to be eligible to participate in tax abatement as Establish authorized by Chapter 312 of the Texas Tax Code and establishing a Neighborhood Neighborhood Empowerment Zone Tax Abatement Policy governing subsequent Empowerment tax abatement agreements for properties located in a Neighborhood Zone Tax Empowerment Zone. Abatement Policy Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15726 be approved and Resolution No. 3487-05-2007 be adopted. The motion carried unanimously eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. G-15727 There was presented Mayor and Council Communication No. G-15727 from the Initiate Zoning City Manager recommending that the City Council authorize the City Manager Changes for to initiate certain zoning changes for the Willow Creek neighborhood from Willow Creek "A-5" One Family, "R1" Zero Lot Line/Cluster, "CR" Low Density Multifamily Neighborhood and "C" Medium Density Multifamily to "A-5" One Family and "B" Two Family. Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15727 be approved with appreciation to Jesse Torres from the Planning and Development Department. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15728 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. G-15728, Authorize Additional Compensation to be Paid to Consideration Deloitte & Touche, LLP, for FY 2005 Audit and Adopt Supplemental Appropriation Ordinance, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 10 of 18 G-15729 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. G-15729, Authorize Increased Fee and Execution of Consideration Engagement Letter with Deloitte & Touche, LLP, for FY 2006 Financial Audit Services and Adopt Appropriation Ordinance, be withdrawn from consideration. L-14321 There was presented Mayor and Council Communication No. L-14321 from the Accept Parkland City Manager recommending that the City Council accept the dedication of and Facility 19.999 acres of parkland (a 13.221-acre tract and a 6.778-acre tract) all situated Improvements in the Henry Robertson Survey, Abstract No. 1798, Lasater Addition, located for Chisholm south of Harmon Road, north of Bailey Boswell Road and east of Blue Mound Ridge Park Road, and facility improvements from Hillwood RLD, L.P., for Chisholm Ridge Park in accordance with the Neighborhood and Community Park Dedication Policy. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14321 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22120 There was presented Mayor and Council Communication No. C-22120 from the Museum Place City Manager recommending that the City Council authorize the City Manager Development to execute an Economic Development Program Agreement with Museum Place Group, LTD Development Group, LTD (subject to subsequent, non-material changes agreed to by the parties), related to a mixed-use project to be constructed at the intersection of University Drive, Camp Bowie Boulevard, West 7th Street and Bailey Street; and find that the terms and conditions of the Agreement constitute a custom-designed economic development program, as recommended by the 2007 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Richard Garvey Mr. Richard Garvey, 2918 Wingate Street, representing Museum Place Development Group, appeared before Council in support of the agreement. He expressed appreciation to the Council and City staff for their support of the development. Mayor Pro tem Hicks stated that this was a very significant development as there was an affordable housing component and that this was important as the City moved forward in the redevelopment of the Central City. She expressed appreciation to Council for their support of this development which was a wonderful example of inclusion in all development agreements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 11 of 18 Council Member Davis expressed appreciation to Mr. Garvey and his partners, as well as Jay Chapa from the Economic and Community Development Department, and others who worked on assuring that the City put together an agreement that took care of the "Other Fort Worth". She stated that this was important in its precedence setting as Fort Worth was the first city doing this type of development. She explained that the City was helping to add financial incentive to a project in order that persons who lived in other parts of the community do not just have to drive by these nice new developments, but actually live in them. She emphasized that what was unique about this development was that it not only touched people at the 80 percentile of median income level, but also at the 60 percentile level. She further stated that Fort Worth was committed to creating mixed income communities that everyone could participate in and be in a diverse community no matter where you looked in Fort Worth. Council Member Jordan commended Mr. Garvey and stated this was an exciting project not only for the City and citizens of Fort Worth in business terms, but also represents another step into branching out to neighborhoods and bringing back neighborhoods to contribute to the overall prosperity of the City. Council Member Espino echoed the remarks of Mayor Pro tem Hicks and Council Member Davis and commended Mayor Moncrief for creating the Mayor's Task Force on Quality Affordable Housing. He also commended Mayor Pro tem Hicks and the private sector for making the development happen. Mayor Moncrief stated that it was very important for the City to move forward with the inclusion of diversity and quality affordable housing. He added that this development set in place the template for what the City expected in the future and expressed appreciation to Mr. Garvey for understanding the City's vision. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22120 be approved. The motion carried unanimously eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22121 There was presented Mayor and Council Communication No. C-22121 from the Amendment to City Manager recommending that the City Council authorize the City Manager CSC Nos. 34173 to execute amendments to the Economic Development Program Agreements and 34174 - between the City and Trinity Bluff Development, Ltd. (City Secretary Contract Trinity Bluff Nos. 34173 and 34174), to allow for changes in the project's scope and, Development, accordingly, provide for changes in the amounts of grants payable by the City to Ltd. the Developer under the Agreements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 12 of 18 Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22121 be approved. The motion carried unanimously eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22122 There was presented Mayor and Council Communication No. C-22122 from the Ord. No. 17549- City Manager recommending that the City Council authorize the City Manager 05-2007 to apply for a grant and to execute a contract with the Texas Department of Texas Transportation to operate the Click It or Ticket Selective Traffic Enforcement Department of Program from May 1, 2007, to June 30, 2007; and adopt an appropriation Transportation increasing estimated receipts and appropriations in the Grants Fund in the amount of$50,000.00, subject to receipt of the grant from the Texas Department of Transportation, for the purpose of funding the Click It or Ticket Selective Traffic Enforcement Program (STEP). Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22122 be approved and Appropriation Ordinance No. 17549-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — 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 25, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-293 There was presented Zoning Docket No. ZC-06-293, application of the City of Approved Fort Worth (Stop Six Sunrise Edition Neighborhood) for a change in zoning of property located south of Ramey Avenue, west of Stalcup Road, north of Berry Street and east of Sheraton Drive and Sirron Street, to add a Historic and Cultural Overlay to the following districts: "A-7.5" and "A-5" One Family, "B" Two Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, and "I" Light Industrial, and to incorporate design guidelines. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 13 of 18 Sharon Ms. Sharon Armstrong, 2802 Dillard, appeared before Council in opposition to Armstrong the zoning change. She stated that the historic and cultural overlay would add undue stress to the senior citizens of the area by requiring them to appear before the Historic and Cultural Landmarks Commission each time they wanted to make repairs to their homes. She provided a brief history of the area and stated that the history was very significant to the African American community. She advised the Council that petitions opposing the designation had been signed by members of the community and asked that the Council consider the petition. Regina Blair Ms. Regina Blair, 2701 Lena Street, representing the Stop Six Sunrise Edition Neighborhood Association, Sunrise Addition Redevelopment Organization and various community stakeholders and other partners, appeared before Council in support of the zoning change. She stated that the community was a distinctive neighborhood that helped one another to increase their quality of life. She advised the Council of the association's Model Blocks Plan and of two of the neighborhood's most important goals of preserving the history, identity of the neighborhood and enhancing development so as to achieve an appropriate urban form for the neighborhood through the use of existing City ordinances or the proposal of new ordinances. Lisa Lowry Ms. Lisa Lowry, 1110 Penn Street, Chair of Historic Fort Worth, appeared before the Council in support of the zoning change. She stated that Historic Fort Worth was very pleased to support the designation of the Sunrise neighborhood as a Historic District as the neighborhood had worked very hard to revitalize the area and commended them on the initiation of positive change. Zella Taylor Ms. Zella Taylor, 5108 Turner, appeared before Council in support of the zoning change. Holley Wilcox Ms. Holley Wilcox, 6217 Karen Circle, Apt D, appeared before Council in support of the zoning change. She stated that she was a youth member of the Sunrise Neighborhood Association and that the history of her neighborhood had been missing from historical books about Fort Worth. She added that she wanted to correct that oversight and that the historical overlay would begin the process. Council Member Wheatfall stated that this community had taken the initiative to change their community for a lifetime. He added that this was a very significant day for him and for recognizing the historical significance of the Stop Six community. He expressed appreciation to Julie Lawless, Planning Department Senior Planner; Dana Burghdoff, Development Department Deputy Director; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 14 of 18 Fernando Costa, Planning and Development Department Director; Jerome Walker, Housing Department Director; and Assistant City Manager Libby Watson for their assistance with this historical designation. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-293, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-078 There was presented Zoning Docket No. ZC-07-078, application of Vertex Asset Approved Partners, L.P., for a change in zoning of property located at 2851 and 3045 South Riverside Drive from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, as described below and with waiver of site plan recommended. Restricted Uses - The following uses will not be allowed: • Stealth Telecommunication Tower • Telecommunications Tower • Amusement, Outdoor • Tattoo Parlor • Taxidermist Shop • Liquor Package Store • Sexually Oriented Business • Hotel or Motel Liquor Sales - the sale of liquor is restricted from all structures with exception of (1)restaurants and (2) grocery stores exceeding 20,000 square feet in size. Convenience stores may be allowed to sell beer and wine only if the sale of gasoline is offered at such stores. In addition, no high alcohol content or fortified wines and/or beverages such as malt liquors or non table wines may be sold. Also no smoking paraphernalia, specifically including pipes, roach clips and rolling paper. Signage - A maximum of two (2) "marquee" pole signs will be allowed, placed generally at the southern and western limits of the tract. These "marquee" pole signs shall not exceed forty-five (45) feet in height. Project identification signage will be allowed within the overall height of forty- five (45) feet. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 15 of 18 Individual platted lots shall use monument signs only per the City sign ordinance. All other requirements of the City sign ordinance shall apply. Landscaping - All parking areas are to be significantly screened from public view to include but not be limited to earthen berms, evergreen hedgerows, evergreen trees or any combination thereof. Average height of screening shall be thirty (30) inches upon installation. All landscaped areas will be irrigated. Square Footage - Any structure may be up to but shall not exceed 220,000 square feet. Hecht - Maximum height may be up to but shall not exceed sixty (60) feet. Cleveland Harris Mr. Cleveland Harris, 1037 Colvin Street, appeared before Council in support of the rezoning with the provisions reflected in the exhibit. Mayor Pro tem Hicks stated that this development was across from the Sierra Vista housing area and that the rezoning would ensure that quality commercial development would continue in the area. She applauded the efforts of the developer to address concerns of the community. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-078, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-082 There was presented Zoning Docket No. ZC-07-082, application of Waterview Continued Until Estates North, L.P., for a change in zoning of property located at the 4701, 5100 May 22, 2007 through 5200 block of East Loop 820 South from "MH" Manufactured Housing to "A-5" One Family (Tract 1) and "E" Neighborhood Commercial (Tract 2). Council Member Wheatfall asked staff if"E" Neighborhood Commercial zoning provided for the exclusion of package stores. Ms. Dana Burghdoff, Development Department Deputy Director, responded that "E" zoning did not prohibit package stores. Council Member Wheatfall asked if the applicant would be opposed to changing the zoning for the exclusion of package stores as immediately to the south of the location were two locations that already sold alcohol. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 16 of 18 Jill Rankin Ms. Jill Rankin, 777 Main Street, representing the applicant, stated that "F" General Commercial zoning was originally requested and that the issue of alcohol sales was never discussed. She added that she was hesitant to agree to the change of zoning without consulting the applicant. Council Member Wheatfall made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-07-082, be continued for one week until the May 22, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 Jordan, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17550-05-2007 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 XV Mayor Moncrief recognized Mr. Joe Don Brandon, 1515 East Lancaster, as Citizen desiring to address the Council relative to requesting the City of Fort Worth's Presentations definition of a "homeless person"; however, Mr. Brandon was not present in the Joe Don Brandon Council Chamber. Mayor Moncrief provided the following response: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE 17 of 18 "Neither the City of Fort Worth nor the State of Texas explicitly define "homeless person"; the State and City may, however, incorporate by reference the most widely-used definition of homeless (the so-called, "Interagency Definition") that is codified at 42 U.S.C. 11302 and the specialized definition established by the US Department of Education". Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:05 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Robert Matthew McClellen v. Contractor's Iron & Steel Company and Jack O. Smith and City of Fort Worth, Cause No. 48-212043-05; b) Legal issues concerning premature street failures; c) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate concerning the appointment of a City Manager and City Auditor, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:45 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 15,2007 PAGE 18 of 18 Agenda Item There being no further business, the meeting was adjourned at 12:45 p.m. XVII Adjournment These minutes approved by the Fort Worth City Council on the 22 day of May, 2007. Attest: Approved: P(�a4(1�fjWJ4�A� Marty He drix M' 41oncrioef City Secretary Mayor