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HomeMy WebLinkAbout2006/04/11-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 7:03 p.m. on Tuesday, April 11, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Silcox and Council Member Davis temporarily absent. (Council Member Davis assumed her chair at the dais.) Agenda Item H The invocation was given by Bishop John Wurz, Church of Jesus Christ of Invocation Latter Day Saints. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of April 4, 2006, were approved Minutes eight(8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. (Mayor Pro tem Silcox assumed his chair at the dais.) Agenda Item V Council Member Hicks presented a Proclamation for Texas Wesleyan Special University Rams Men's Basketball Team Day to Coach Terry Waldrop and the Presentations team members. Council Member Haskin presented a Proclamation for Child Abuse Month to Jacqueline Bender, representing Child Advocates, David Montague, Board CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 2 of 24 President of Alliance for Children and Senior Staff Attorney with the Tarrant County District Attorney's Office, and Becky Pereda, Child Protective Services program administrator for investigations in Tarrant County. Council Member Wheatfall presented a Certificate of Recognition to Ms. Regina Blair for her service on the Historic and Cultural Landmarks Commission during the period February 24, 2004, through December 20, 2005. City Secretary Hendrix recognized the following individuals who were not present to receive their certificates for their service on the board/commission as indicated: Mr. Steven Kline, Historic and Cultural Landmarks Commission, April 5, 2005, through December 6, 2005. Mr. Jack Adler, City Zoning Commission, Scenic Preservation & Design Review Commission, and Fort Worth Alliance Airport Zoning Commission, August 27, 2002, through October 1, 2003. Agenda Item VI Council Member Hicks applauded Council Member Espino for the rally he led Announcements on April 9, 2006, in Downtown Fort Worth in support of fair immigration reform. She stated that she was proud to be part of the rally which was a peaceful and united gathering and that she was also pleased to be there with former Mayor Pro tem Ralph McCloud. Council Member Espino expressed appreciation to Council Member Hicks for her support. He stated that April 9, 2006, was a pro-American, pro-citizenship, pro-fair and comprehensive immigration reform focusing on three elements: border security, a legal flow of labor and earned citizenship. He explained earned citizenship was to learn English, learn U.S. History and Civics, pay fines and pay taxes. He added that the crowd was estimated by Police Chief Ralph Mendoza to be 20,000 who marched silently from the Tarrant County Courthouse to the Federal Building where the program that was put on by the committee was very moving. He further stated that in addition to former Mayor Pro tem McCloud, County Commissioner Roy Brooks, Arlington Council Member Robert Vera, School Board Trustee Juan Rangel, Justice of the Peace Manuel Valdez, other people in attendance were college and high school students, toddlers and grandparents. He pointed out that he believed it was one of the largest gatherings in Downtown and that the cause of fair and comprehensive immigration reform which treated everyone in a fair manner was a good cause. He added that the United States was not only a just nation of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 3 of 24 laws, but also a compassionate country of immigrants and while immigration was a federal issue it impacted our communities daily. He further stated that he looked forward to Congress and the President coming up with a workable solution to immigration system reform. He called on everyone to remember the ideals of the country to work together to find a solution to a very complex public policy issue. Mayor Moncrief stated that he could not be prouder as a member of the Council and citizen of the City of the way everyone involved in the effort to express deep feelings about a very emotional issue, but also the presence and the professional way that the City's Police and Fire personnel were also engaged in the process. He added that it was a calming presence and appreciation was expressed by many of those who attended the rally that told these personnel that they appreciated what they did. He also recognized the efforts of Transportation and Public Works personnel who were also involved in the process. He pointed out that this was a big deal in Fort Worth with a large presence and reiterated that he was very proud of the way it was conducted. He added that Fort Worth was a city of diversity and that diversity was the City's strength. Council Member Davis congratulated State Representative Marc Veasey and his wife Tanya, who had their first child on April 9, 2006, Adam Clayton Veasey. She also announced that the Fairmount Home Tour would be held May 13, 2006, and that this year the tour would include a former Mayor's house, a house belonging to a TCU interior designer, a brand new house built on 6th Avenue in the old style which was more and more a feature in the Fairmount Avenue, and then the largest home in the home tour on Chase Court. She added that the home tour was something that the Fairmount neighborhood had done every year for a number of years and they had raised money to improve street lighting and other amenities in the neighborhood. She encouraged everyone to buy tickets for the May 13, 2006, event. Council Wheatfall announced that on April 15, 2006, the Sunrise Neighborhood Association in conjunction with Greater Mount Tabor Church would have an Easter Egg Hunt at Eastover Park at 10:00 a.m. He added that in attendance would be County Commissioner Roy Brooks, State Representative Marc Veasey and himself who would give away a golden egg prize. He also announced that Butler Housing would also have an Easter Egg Hunt at 10:00 a.m. on April 15, 2006. He expressed Happy Birthday wishes to his mother who would celebrate her birthday Thursday, April 13, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 4 of 24 Mayor Moncrief stated that last weekend was an outstanding weekend at the Texas Motor Speedway which brought millions of dollars into the local community. He added that as part of the race weekend, the 10th Anniversary of the Speedway was also celebrated and that as a way to express the City's appreciation to Bruton Smith for bringing the speedway to Fort Worth, a significant amount of money was raised and presented to him in a check of $100,000.00 payable to Speedway Childrens' Charities Texas Chapter. He stated that Mr. Smith was so excited that he matched the $100,000.00 for the local charity. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from P-10352 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ P-10352 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and amended as follows: OCS-1548 M&C OCS-1548 - 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-15154 M&C G-15154 — Authorizing the City Manager to retain the law firm Stevens Res. No. 3335-04- & Lee as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, 2006 to assist the City Attorney in representing the City and prosecuting the City's Employ Law Firm claims in the Birch Telecom, Inc., et al., Bankruptcy Case No. 05-12237; and of Stevens & Lee adopting Resolution No. 3335-04-2006 fixing in advance, as far as practicable, to Prosecute Claim the amount to be paid to Stevens & Lee, in an amount not to exceed —Birch Telecom, $15,000.00. Inc., et al., Bankruptcy Case No. 05-12237 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 5 of 24 G-15155 M&C G-15155 — Authorizing the City Attorney to file a lawsuit pursuant to File Lawsuit Chapter 54 of the Texas Local Government Code against Robert Snoke, the Against Robert owner of the property located at 3817 Willing Street, 3826 6th Avenue, and Snoke, Emelia 3828 6th Avenue; authorizing the City Attorney to file a lawsuit pursuant to Snoke, and Maria Chapter 54 of the Texas Local Government Code against Emelia Snoke, the Briceno owner of the property located at 3821 Willing Street, 3826 6th Avenue, and 3828 6th Avenue; authorizing the City Attorney to file a lawsuit pursuant to Chapter 54 of the Texas Local Government Code against Maria Irene Briceno, the owner of the property located at 3825 Willing Street; and authorizing the City Attorney to file a lawsuit against Robert Snoke for the destruction of City property in the 3800 block of Willing Street. G-15156 M&C G-15156 — Adopting Appropriation Ordinance No. 16884-04-2006 Ord. No. 16884- increasing estimated receipts and appropriations in the Contract Street 04-2006 Maintenance Fund in the amount of$659,784.25 based on a receivable from the FY 2005-2006 Fort Worth Transportation Authority for the purpose of funding a portion of the Street FY 2005-2006 Street Maintenance Program. Maintenance Program P-10353 M&C P-10353 — Authorizing a purchase agreement to provide video security Video Security cameras, equipment, installation and maintenance services from Sentinel the Cameras, Alarm Company for various City facilities at an estimated cost of$397,924.00; Equipment, and authorizing a maintenance agreement to begin April 11, 2006, and expire Installation and April 10, 2007, with option to renew for four additional one-year periods. Maintenance Services P-10354 M&C P-10354 — Authorizing a purchase agreement for concrete structure Concrete repair with H&H Restoration, Inc., for the Water Department based on best Structure Repair value, with payment due 30 days from invoice date; authorizing this agreement to begin April 11, 2006, and expire April 10, 2007, with options to renew for three 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-10355 M&C P-10355 — Authorizing the purchase of minor equipment for the Water Minor Equipment Department from Master Pump & Equipment, Barco Pump Company, Nations Rent, United Rentals, Sceptre Mechanical and TT Technologies as listed below for a cost not to exceed $72,043.46 with payment due 30 days of the date of the invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 6 of 24 Vendor Name Otv. &Description Unit Price Extended Total Master Pump& 9 ea. 2"Trash Pumps $ 535.43 $ 4,818.87 Equipment Barco Pump 22 ea. 3"Trash Pumps $ 563.00 $12,386.00 Company Nations Rent 26 ea. Multi Purpose $ 670.00 $17,420.00 Saws United Rentals 11 ea. Walk Behind $1,594.00 $17,538.84 Saws Sceptre Mechanical 9 ea. Rock Drills $ 902.75 $ 8,124.75 TT Technologies 2 ea. 3"Piercing Tools $3,695.00 $ 7,390.00 1 ea. 4"Piercing Tools $ 4,365.00 TOTAL $72,043.46 P-10356 M&C P-10356 — Authorizing sole source purchase agreements with Renfro Conductor Equipment & Supplies, Aires Industries, Inc., Texas Underground, Inc., and Camera Transport WinCan America for Conductor Camera Transport Vehicle equipment and Vehicle repair for the Water Department; and authorizing these agreements to begin Equipment and April 11, 2006, and expire April 10, 2007, with options to renew for two Repair additional one-year periods. P-10357 M&C P-10357 — Authorizing a purchase agreement with AT&T (SBC) for Local Telephone local telephone services for the Information Technology Solutions Department; Services and authorizing use of the amended State of Texas Department of Information Resources Texan 2000-SWB-LS contract terms and conditions to begin April 11, 2006, and expire August 31, 2009. P-10358 M&C P-10358 — Authorizing a sole source purchase agreement for Maintenance of maintenance of ViewDirect software for the Information Technology Solutions ViewDirect Department from Mobius Management Systems, Inc., for an estimated amount Software of$27,450.00 based on the documented sole source with payment due 30 days from invoice date; and authorizing this agreement to begin April 11, 2006, and expire April 10, 2007, with options to renew for two additional one-year periods. P-10359 M&C P-10359 — Authorizing a purchase agreement for license and License and maintenance of ASG Workload Planner and Workload Analyzer Software for Maintenance of the Information Technology Solutions Department from Allen Systems Group ASG Workload for an estimated amount of $55,979.00 based on the documented sole source Planner and with payment due 30 days from invoice date; and authorizing a maintenance Workload agreement to begin April 11, 2006, and expire September 19, 2006, with Analyzer Software options to renew for three additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 7 of 24 L-14182 M&C L-14182 — Authorizing the acquisition of 4.367 acres of vacant land Acquire Vacant described as a portion of the W. Sample Survey, Abstract No. 1207, Denton Land for Runway County, Texas, northwest of Fort Worth Alliance Airport from Jeanne Shelton Extension Project for the relocation of FM 156 as part of the Runway Extension Project at Fort Worth Alliance Airport (DOE 4867); finding that the price offered in the total amount of $137,000.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14183 M&C L-14183 — Authorizing the City Manager to purchase 1204 Sharondale Acquire Property (Lot 42, Block 2, Greenbriar Addition to the City of Fort Worth, Tarrant at 1204 County, Texas), from Michael R. McMullen for a total cost of $45,000.00 Sharondale Street including closing costs for improvements to Greenbriar Park as included in the North Greenbriar Model Blocks Neighborhood Plan (DOE 5231). C-21391 M&C C-21391- Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 32367 with TranSystems Corporation, in the to CSC No. 32367 amount of $142,642.00 for additional inspection services related to Texas — TranSystems Department of Transportation bridge inspections, thereby increasing the Corporation maximum reimbursable costs to $222,642.00. C-21392 M&C C-21392 —Recommending that the City Council: Ord. No. 16885- 04-2006 1. Authorize the transfer of $21,351.72 from the Water and Sewer HDR, Inc. Operating Fund to the Water Capital Projects Fund in the amount of $14,613.56 and Sewer Capital Projects Fund in the amount of $6,739.16; 2. Adopt Appropriation Ordinance No. 16885-04-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$14,613.56 and the Sewer Capital Projects Fund in the amount of$6,739.16 from available funds for the purpose of funding an engineering agreement with HDR, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Geddes Avenue (Horne Street to Littlepage Street) and Halloran Street(Libbey Avenue to South Dead End); and 3. Authorize the City Manager to execute an engineering agreement with HDR, Inc., in the amount of $102,656.00 for pavement reconstruction and water and sanitary sewer main replacement on Geddes Avenue (Horne Street to Littlepage Street) and Halloran Street (Libbey Avenue to South Dead End) (City Project No. 00291). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 8 of 24 C-21393 M&C C-21393 —Recommending that the City Council: Ord. No.16886-04- 2006 1. Authorize the transfer of $561,954.00 from the Water and Sewer McClendon Operating Fund to the Water Capital Projects Fund in the amount of Construction Co., $119,248.00 and Sewer Capital Projects Fund in the amount of Inc. $442,706.00; 2. Adopt Appropriation Ordinance No. 16886-04-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $119,248.00 and the Sewer Capital Projects Fund in the amount of $442,706.00 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc., for pavement reconstruction and water and sanitary sewer main replacement on Piedmont Road from Trappingham Terrace to Southwest Boulevard and Creston Avenue from Stadium Drive to Westcreek Drive (Project No. 00016); and 3. Authorize the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $925,800.00 for pavement reconstruction and water and sanitary sewer main replacement on Piedmont Road from Trappingham Terrace to Southwest Boulevard and Creston Avenue from Stadium Drive to Westcreek Drive (Project No. 00016). C-21394 M&C C-21394 — Authorizing execution of one Storm Water Facility Pulte Homes of Maintenance Agreement from Pulte Homes of Texas, L.P., and the Vista Texas, L.P., and Meadows Homeowners Association for property located in north Fort Worth the Vista Meadows (DOE 4036). Homeowners Association C-21395 M&C C-21395 — Authorizing the City Manager to execute a five-year lease Town Center with Town Center Mall, LP, for office space located in La Gran Tower, 4200 Mall, LP South Freeway, for the Environmental Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 9 of 24 C-21396 M&C C-21396 — Terminating City Secretary Contract Nos. 11813, 9749 and Terminating CSC 9960, Unimproved Ground Lease Agreements for lease sites 25N-30N, 18N, Nos. 11813,9749 23N, 24N and 36N, with Texas Jet, Inc., at Fort Worth Meacham International and 9960 with Airport; and executing a new Unimproved Ground Lease Agreement for lease Texas Jet, Inc.; sites 25N-30N, 18N, 23N, 24N and 36N with Texas Jet Partners, L.P., that Executing extends the terms of the prior agreements by ten years with two five-year Contract with options to renew at Fort Worth Meacham International Airport. Texas Jet Partners, L.P. C-21397 M&C C-21397 — Authorizing the City Manager to execute a contract with J&J J&J Hardscape Hardscape Construction, Inc., in the amount of$332,330.50 for the renovation Construction, Inc. of playgrounds at Buck Sansom, Paz Hernandez, Trail Drivers and Silver Sage Parks. C-21398 M&C C-21398 — Authorizing the City Manager to execute a contract with Parks for Play, Parks for Play, Inc., in the amount of $230,305.00 for playground renovations Inc. at Sunset Hills, Bonnie Brae and Springdale Parks. C-21399 M&C C-21399 —Recommending that the City Council: Ord. No. 16887- 04-2006 1. Authorize the City Manager to apply for and accept, if awarded, a grant Texas Health and from the Texas Health and Human Services Commission (HHSC) Human Services requesting up to $500,000.00 for the Year 2006 Summer Food Service Commission Program; 2. Adopt Appropriation Ordinance No. 16887-04-2006 increasing estimate receipts and appropriations in the Grants Fund in the amount of $500,000.00, subject to receipt of the grant from the Texas Health and Human Services Commission, for the purpose of funding the 2006 Summer Food Service Program; 3. Authorize the execution of a contract with HHSC for the 2006 Summer Food Service Program upon receipt of the grant; and 4. Apply an indirect cost rate of 24.68 percent, which is the most recently approved rate for this department, and apply the new, approved indirect rate when available. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 10 of 24 Agenda Item X Mayor Moncrief requested Council's consideration to appoint Lieutenant Presentations by Christopher Scott Combest to the City Plan Commission. City Council Council Member Haskin made a motion, seconded by Council Member Wheatfall, that Lieutenant Christopher Scott Combest be appointed to Place 1 on the City Plan Commission effective April 11, 2006, and with a term expiring October 1, 2007. The motion 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 XIII There was presented a resolution endorsing the proposed Tarrant County Bond Res. No. 3336-04- Program for 2006. 2006 Endorse 2006 Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, Tarrant County that Resolution No. 3336-04-2006 be adopted. The motion carried Bond Program unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15157 There was presented Mayor and Council Communication No. G-15157 from Ord. No. 16888- the City Manager recommending that the City Council authorize the City 04-2006 Manager to accept a monetary donation in the amount of $21,400.00 from an Ord. No. 16889- anonymous donor; adopt an appropriation ordinance increasing estimated 04-2006 receipts and appropriations in the Special Gifts Fund in the amount of Accept $21,400.00 from available funds for the purpose of funding a transfer to the Anonymous General Fund for the purchase of various equipment for Fire Station 16; Donation and authorize the transfer of$21,400.00 from the Special Gifts Fund to the General Purchase Fund; adopt a supplemental appropriation ordinance increasing estimated Equipment for receipts and appropriations in the General Fund in the amount of $21,400.00 Fire Station 16 from available funds for the purpose of funding the purchase of various equipment at Fire Station 16; and authorize the purchase of various equipment as specified in the grant disbursement guidelines. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15157 be approved and Appropriation Ordinance No. 16888-04-2006 and Supplemental Appropriation Ordinance No. 16889-04-2006 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 11 of 24 G-15158 There was presented Mayor and Council Communication No. G-15158 from Ord. No. 16890- the City Manager recommending that the City Council adopt a supplemental 04-2006 appropriation ordinance increasing appropriations in the General Fund in the Ord. No. 16891- amount of $252,000.00 and decreasing the unreserved, undesignated General 04-2006 Fund balance by the same amount, for the purpose of transferring said funds to Continue the Solid Waste Fund; authorize the transfer of $252,000.00 from the General Operation of Fund to the Solid Waste Fund; and adopt a supplemental appropriation Yuma Drop-Off ordinance increasing estimated receipts and appropriations in the Solid Waste Station Fund in the amount of $252,000.00 from available funds for the purpose of funding the operation of the drop-off station at 3224 Yuma. Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15158 be approved and Supplemental Appropriation Ordinance Nos. 16890-04-2006 and 16891-04- 2006 be adopted with the understanding that this was a loan to be reimbursed back to the General Fund from the Environmental Management Department in the next budget year. Council Member Hicks stated that as long as staff could identify another Central City location within the 90 days, she was prepared to support the motion. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10352 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-10352, Authorize the Execution of Change Order No. 3 to City Secretary Contract No. 31945 with Motorola, Inc., for the Purchase of Mobile Data Computers and Adopt Appropriation Ordinance for the Fire Department, be withdrawn from consideration. C-21400 There was presented Mayor and Council Communication No. C-21400 from the Ord. No. 16892- City Manager recommending that the City Council: 04-2006 Ord. No. 16893- 1. Adopt an appropriation ordinance increasing appropriations in the 04-2006 Culture and Tourism Fund in the amount of $1,571,233.00 and TXU Electric decreasing the unreserved, undesignated fund balance by the same Delivery Company amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund for three Discretionary Services Agreements with TXU Electric Delivery Company for the relocation of existing TXU facilities located on 12th Street, 14th Street, Throckmorton Street, and Houston Street; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 12 of 24 2. Authorize the transfer of $1,571,233.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,571,233.00 from available funds for the purpose of funding for three Discretionary Services Agreements with TXU Electric Delivery Company for the relocation of existing TXU facilities located on 12th Street, 14th Street, Throckmorton Street, and Houston Street; and 4. Authorize the City Manager to execute three Discretionary Services Agreements with TXU Electric Delivery Company under which the City will make payments under protest totaling $1,571,233.00 for the relocation and/or upgrade of existing TXU facilities located on 12th Street, 14th Street, Throckmorton Street and Houston Street. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21400 be approved and Appropriation Ordinance Nos. 16892-04-2006 and 16893-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21401 There was presented Mayor and Council Communication No. C-21401 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contracting, Inc. to execute a contract with Oscar Renda Contracting, Inc., in the amount of $7,144,625.00 for the Eagle Mountain 72-inch Raw Water Transmission Pipeline Project. Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21401 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that Resolution No. 3324-03-2006 was adopted Hearing on March 21, 2006, setting 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 March 24, 2006. 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 APRIL 11, 2006 PAGE 13 of 24 ZC-05-236 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of the City of Fort Worth for a change in zoning of property located in the 700 through 800 blocks of Katy Road (westside) from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial with exclusions as described below, and with waiver of site plan recommended, Zoning Docket No. ZC-05-236, be approved: Wastewater(sewage)treatment facility Water Supply,treatment or storage facility Sexually oriented business Pawn shop Hotel,motel or inn Bar,tavern, cocktail lounge, club,private or tenn Stabile, commercial, riding,boarding or rodeo arena Kennel Veterinary clinic with outdoor kennel Recreational vehicle park Recreational vehicle sales/service Mobile home or manufactured housing sales Truck stop with fuel and accessory services Vehicle junk yard or storage yard Chicken battery or brooder Coal, coke or wood yard Crematorium Fabricating or manufactured housing,temporary or office building Furniture sales with outside storage/display (new or used) Galvanizing, small utensils Manufacture of artificial flowers, ornaments, awnings, rents, bags, cleaning/polishing preparations, boats under 28 feet in length, brooms or brushes, buttons and novelties, canvas products, clothing, suits,coats or dresses for wholesale trade Manufactured home repair Railroad tracks: team, spur, loading and storage Amusement outdoor(temporary) The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-012 Council Member Davis made a motion, seconded by Council Member Haskin, Approved that the application of Trinity Bluff Development, Ltd., for a change in zoning of property located at 709 East 1st Street from "J/DD" Medium Industrial/ Demolition Delay to "H/DD" Central Business District/Demolition Delay, Zoning Docket No. ZC-06-012, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 14 of 24 ZC-06-013 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Maim Group, L.P., for a change in zoning of property located at 920, 924 and 926 Lipscomb from "D" High Density Multi-Family Residential to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06- 013, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-014 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of Edwards Geren Limited and Cassco Land Co., Inc., for a change in zoning of property located in the 5200 block of Arborlawn Drive and 5300 block of Bellaire Drive South from "R-l" Zero Lot Line/Cluster Residential and "G" Intensive Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-06-014, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-017 Mr. Thad Brundrett, 777 Main Street, representing the applicant, appeared Approved before Council in support of the zoning change. He stated that the applicant, Thad Brundrett Hillwood Development, submitted a letter requesting a slight modification to the City Zoning Commission's recommendation and that the following uses be prohibited: 1. Gasoline sales 2. Massage parlor 3. Tattoo parlor 4. Auto parts store with accessories 5. Check cashing store 6. Pawn shop 7. Discount Tobacco store Mr. Brundrett added that due to the size of the property and the potential for multiple uses and pad sites for the tract, the applicant also requested the Council consider waiving the requirement for a site plan. A discussion relative to the extension of Marguerite Lane ensued between Council Member Jordan and Mr. Brundrett at which time Mr. Brundrett stated that the applicant preferred not to have Marguerite Lane extend through the commercial site, but to have it stubbed out in the commercial site; this would eliminate through traffic in the commercial development. He added the roadway would not be vacated, but a road block installed. There was further deliberation on the landscaping plan for the site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 15 of 24 Council Member Jordan made a motion, seconded by Council Member Espino, that the application of Douglas and Dorothy Coulsting for a change in zoning of property located at 8000 and 8080 West Cleburne Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, and excluding the following: gasoline sales, massage and tattoo parlor, package or liquor store and auto parts store with accessories, and with site plan required, Zoning Docket No. ZC-06-017, be approved with the exclusions as requested by the applicant reflected above, the requirement to construct a six foot masonry wall that would be constructed on/or adjacent to the common property line with the residential properties, and a 20-foot setback adjacent to the property line, and with the stub out on Marguerite Lane and waiver of site plan. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Silcox stepped away from the dais.) ZC-06-018 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of Harmon Road 81 Development, L.P., for a change in zoning of property located at 9100 and 9110 Business Highway 287 North from "AG" Agricultural and "K" Heavy Industrial to "I" Light Industrial, Zoning Docket No. ZC-06-018, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. ZC-06-020 Council Member Haskin stated that a site plan was not required on this zoning Delayed Until End which was a concern for the neighborhood. She added that this abutted her of Agenda district and stated that she asked Council Member Espino to delay the case until May 2, 2006, to which he agreed. She added she wanted to see a site plan as this abutted the high school in the area. Council Member Haskin made a motion that the application of Beach-North Tarrant, Ltd., for a change in zoning of property located in the 8400 block of North Beach Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus mini warehouses, and with waiver of site plan recommended, Zoning Docket No. ZC-06-020, be continued until May 2, 2006. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, Attorney, representing the applicant, appeared before Council in support of the zoning change. He stated that the purchaser had no time left on his contract and provided letters from the Summerfields Neighborhood Association in support of the development and an e-mail from the Park Glen Neighborhood Association who did not express an CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 16 of 24 opinion on the development. He added that 75 percent of the site was already zoned appropriately for this use with waiver of site plan and summarized the purpose of the zoning request. He further stated that they had met with Council Member Espino and showed him the site plan and discussed the materials that would be used on the project. He requested Council's favorable consideration of the request. Council Member Espino asked Mr. Schell if he was adverse to postponing this issue until the May 2, 2006 Council meeting and offered a two week continuance as an alternative. Mr. Schell stated that his client only had until Thursday, April 13, 2006, to secure the zoning or the contract expired. (Mayor Pro tem Silcox returned to his chair at the dais.) Council Member Haskin stated that she was concerned that there was no site plan on this property and that she did not have a problem approving the zoning, but would like a site plan to be required. She added that would allow for the property to be purchased and then the site plan could move forward once the property was purchased. Council Member Espino seconded Council Member Haskin's motion. A short discussion ensued amongst Mr. Schell and the Council relative to the impact postponing this case until May 2, 2006, would have on the applicant at which time Mr. Schell requested time to consult with the applicant. Mayor Moncrief stated that this case would be delayed until later on the agenda. (See end of zoning docket.) ZC-06-025 Council Member Espino made a motion, seconded by Council Member Davis, Approved that the application of Trustreet Properties, Inc., for a change in zoning of property located at 600 East Exchange Avenue from "K/DD" Heavy Industrial/Demolition Delay to "MU-2/HSE" High Intensity Mixed Use/Highly Significant and Endangered, Zoning Docket No. ZC-06-025, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Wheatfall requested that in cases when the Historic and Cultural Landmarks Commission is involved, staff provide frontal photographs of the buildings of properties being rezoned to highly significant/endangered. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 17 of 24 ZC-06-028 Council Member Hicks made a motion, seconded by Council Member Approved Wheatfall, that the application of Sarah Walker for a change in zoning of property located at 1020 East Humbolt Street from "A-5" Residential to "A- 5/HC" One-Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC-06-028, be approved with appreciation to Ms. Walker for her continued efforts to preserve the history of the near eastside and throughout Fort Worth. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-029 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Approved that the application of E. Stephen Wilson for a change in zoning of property located at 3200 Fairfield Avenue and 6303 Greenway Road from "A-5" One- Family Residential to "A-5/HC" One-Family Residential/Historic and Cultural Overlay, Zoning Docket No. ZC-06-029, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. City Attorney Yett stated that a number of cases on the zoning docket that were City-initiated rezoning of surplus City property to conform to the Comprehensive Plan and that in his opinion the Council could vote these cases as a group. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Zoning Docket Nos. ZC-06-030 through ZC-06-049 on the published agenda and as follows be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-030 Application of the City of Fort Worth for a change in zoning of property Approved located at 1158 Evans Avenue from "F" General Commercial to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-030. ZC-06-031 Application of the City of Fort Worth for a change in zoning of property Approved located at 2713 Canberra Court from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-031. ZC-06-032 Application of the City of Fort Worth for a change in zoning of property Approved located at 1325 East Jessamine Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-032. ZC-06-033 Application of the City of Fort Worth for a change in zoning of property Approved located at 102 Live Oak Street from "G" Intensive Commercial to "H" Central Business District, Zoning Docket No. ZC-06-033. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 18 of 24 ZC-06-034 Application of the City of Fort Worth for a change in zoning of property Approved located at 2510 Las Brisas Street from "C" Medium Density Multi-Family Residential to"R-2" Townhouse/Cluster Residential. ZC-06-035 Application of the City of Fort Worth for a change in zoning of property Approved located at 1100 Ash Crescent Street from "B" Two-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-06-035. ZC-06-036 Application of the City of Fort Worth for a change in zoning of property Approved located at 2665 and 2673 Berryhill Drive from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-036. ZC-06-037 Application of the City of Fort Worth for a change in zoning of property Approved located at 1029 Elmwood Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-037. ZC-06-038 Application of the City of Fort Worth for a change in zoning of property Approved located at 2717 Finley Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-038. ZC-06-039 Application of the City of Fort Worth for a change in zoning of property Approved located at 1304 East Magnolia Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-039. ZC-06-040 Application of the City of Fort Worth for a change in zoning of property Approved located at 404 South Perkins Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-040. ZC-06-041 Application of the City of Fort Worth for a change in zoning of property Approved located at 1008 South Freeway from "C" Medium Density Multi-Family Residential to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06- 041. ZC-06-042 Application of the City of Fort Worth for a change in zoning of property Approved located at 2700 Strong Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-042. ZC-06-043 Application of the City of Fort Worth for a change in zoning of property Approved located at 5529 Van Natta Lane from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-043. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 19 of 24 ZC-06-045 Application of the City of Fort Worth for a change in zoning of property Approved located at 1628 East Davis from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-045. ZC-06-046 Application of the City of Fort Worth for a change in zoning of property Approved located at 1701 and 1702 East Jessamine Street from "B" Two-Family Residential to"A-5" One-Family Residential, Zoning Docket No. ZC-06-046. ZC-06-048 Application of the City of Fort Worth for a change in zoning of property Approved located at 801 West Vickery Boulevard from "J" Medium Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06-048. ZC-06-049 Application of the City of Fort Worth for a change in zoning of property Approved located at 1201 12th Avenue from "J" Medium Industrial to "I" Light Industrial, Zoning Docket No. ZC-06-049. ZC-06-050 It appeared that the City Council, at its meeting of March 21, 2006, continued Approved the hearing of the application of Amon G. Carter Foundation for a change in zoning of property located in the 7500 block of Oak Grove Road from "A-5" One-Family Residential to "J" Medium Industrial, Zoning Docket No. ZC-06- 050. 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 Amon G. Carter Foundation, Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that Zoning Docket No. ZC-06- 050 be approved with appreciation to Patrick Harris and Rob Reiner for meeting with her and the Highland Hills neighborhood to address their concerns. The motion carried unanimously nine (9) ayes to zero (0) nays. City Attorney Yett stated that Zoning Docket Nos. ZC-06-051 through ZC-06- 068 on the zoning docket were all City-initiated rezoning to conform with the Comprehensive Plan and could be voted by one motion. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Zoning Docket Nos. ZC-06-051 through ZC-06-068 on the published agenda and as follows be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-051 Application of the City of Fort Worth for a change in zoning of property Approved located at 2719 Northwest 33rd Street from "B" Two-Family Residential to "A- 5" One-Family Residential, Zoning Docket No. ZC-06-051. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 20 of 24 ZC-06-052 Application of the City of Fort Worth for a change in zoning of property Approved located at 2614 Market Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-052. ZC-06-054 Application of the City of Fort Worth for a change in zoning of property Approved located at 2208 Barbell Lane from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-054. ZC-06-055 Application of the City of Fort Worth for a change in zoning of property Approved located at 2808 Avenue L from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-055. ZC-06-056 Application of the City of Fort Worth for a change in zoning of property Approved located at 4927 Chapman Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-056. ZC-06-057 Application of the City of Fort Worth for a change in zoning of property Approved located at 1913 Andrew Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-057. ZC-06-058 Application of the City of Fort Worth for a change in zoning of property Approved located at 4308 Avenue J from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-058. ZC-06-059 Application of the City of Fort Worth for a change in zoning of property Approved located at 4501 Berry Street from "C" Medium Density Multi-Family Residential and "E" Neighborhood Commercial to "A-5" One-Family Residential and "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06- 059. ZC-06-060 Application of the City of Fort Worth for a change in zoning of property Approved located at 3302 Bright Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-060. ZC-06-061 Application of the City of Fort Worth for a change in zoning of property Approved located at 2401 Dillard Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-061. ZC-06-062 Application of the City of Fort Worth for a change in zoning of property Approved located at 3924 Forbes Street from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-062. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 21 of 24 ZC-06-063 Application of the City of Fort Worth for a change in zoning of property Approved located at 5001 and 5011 Ramey Avenue from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-063. ZC-06-064 Application of the City of Fort Worth for a change in zoning of property Approved located at 2500 Sheraton Drive from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-064. ZC-06-065 Application of the City of Fort Worth for a change in zoning of property Approved located at 4625 Avenue M from "B" Two-Family Residential to "A-5" One- Family Residential, Zoning Docket No. ZC-06-065. ZC-06-066 Application of the City of Fort Worth for a change in zoning of property Approved located at 1610 East Peach Street from "I" Light Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06-066. ZC-06-067 Application of the City of Fort Worth for a change in zoning of property Approved located at 1637 Henderson Street from "C/HC" Medium Density Multi-Family Residential/Historic and Cultural to "A-5/HC" One-Family Residential/Historic and Cultural, Zoning Docket No. ZC-06-067. ZC-06-068 Application of the City of Fort Worth for a change in zoning of property Approved located at 1410 South Jennings Avenue from "C" Medium Density Multi- Family Residential to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-06-068. ZC-06-070 Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, Approved that the application of Southeast Fort Worth, Inc., for a change in zoning of property located at 1524 East Berry Street from "E" Neighborhood Commercial and "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, and excluding the following: pawn shops, tattoo parlors, outdoor amusements, recreational vehicle parks, package or liquor stores, and with site plan required, Zoning Docket No. ZC-06-070, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-06-047 Council Member Hicks made a motion, seconded by Council Member Davis, Approved/Denied that the application of the City of Fort Worth for a change in zoning of property Without Prejudice located at (A) 302 and 308 South Adams Street, the 1100 block of Daggett Avenue, 1109 West Daggett Avenue, the 300 block and 311 South Henderson CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 22 of 24 Street from "J" Medium Industrial, "F-R" General Commercial Restricted and "G" Intensive Commercial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-06-047, be approved/denied without prejudice as follows: (Mayor Pro tem Silcox stepped away from the dais.) Approved: City of Fort Worth, 302, 308 South Adams, 301, 311, 315 South Henderson, 1109, 1115, 1119 West Daggett Avenue from "F-R" General Commercial Restricted and"J" Medium Industrial to"MU-2" High Intensity Mixed Use Denied Without Prejudice: City of Fort Worth, 900 through 1100 blocks of West Daggett Avenue from "G" Intensive Commercial and "J" Medium Industrial to "MU-2" High Intensity Mixed Use The motion carried eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL (Mayor Pro tem Silcox returned to his chair at the dais.) SP-06-005 Council Member Hicks made a motion, seconded by Council Member Haskin, Denied that the application of Deeper Life Christian Church for site plan of property located at 4433 East Lancaster Avenue for an auto parts store, Site Plan No. SP- 06-005, be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-016 Council Member Burdette made a motion, seconded by Council Member Davis, Denied Without that the application of Kenneth Reed for a change in zoning of property located Prejudice at 9301, 9325, 9351, 9375, 9401, 9425, 9451, 9475, 9501, 9525 and 9601 Business Highway 287 North from "A-5" One-Family Residential to "E" Neighborhood Commercial, Zoning Docket No. ZC-06-016, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-069 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox that Denied Without the application of the City of Fort Worth for a change in zoning of property Prejudice located at 204 East Mason Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC-06-069, be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11, 2006 PAGE 23 of 24 Council Member Davis requested that when the Planning Department was an applicant on a zoning case and the case was denied by the City Zoning Commission, she asked that as a matter of course the Planning Department, acting in the role of the City, file a letter of appeal, not because they disagree with the City Zoning Commission, but to allow the case to move forward with all options open to the City Council. Mayor Moncrief stated that Zoning Docket No. ZC-06-020, delayed from earlier on the agenda, would be heard at this time. ZC-06-020 Mr. Jim Schell, 901 Fort Worth Club Building, stated that he had discussed the Jim Schell alternatives with his client and requested that the Council approve the zoning this evening and not waive the site plan. He also requested that the City double notice the site plan case to provide the applicant an opportunity to file the plan by the May deadline which would then provide a June zoning. He added that the seller of the property had agreed to extend closing until July 1, 2006. Council Member Haskin withdrew her original motion, and Council Member Espino withdrew his original second to the motion. Mr. Bob Riley, Development Department Director, stated that the City provided expedited services for zoning cases if the applicant paid a double fee. He explained that this meant that when the zoning case appeared before the City Zoning Commission, it would be expedited to the City Council meeting the following week instead of waiting the normal 30 days. He added that there was staff processing involved in reviewing the site plan and that the City would collect the normal application fee, but not a double fee at the Council's direction, and expedite the site plan to the next Council meeting. Council Member Espino made a motion, seconded by Council Member Burdette, that the application of Beach-North Tarrant, Ltd., for a change in zoning of property located in the 8400 block of North Beach Street from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus mini warehouses, and with waiver of site plan recommended, Zoning Docket No. ZC-06-020, be approved with the inclusion that a site plan be required. 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 Espino made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 11,2006 PAGE 24 of 24 ORDINANCE NO. 16894-04-2006 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. Item XVI There were no citizen presentations. Citizen Presentations Agenda Item There being no further business, the meeting was adjourned at 8:15 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 18th day of April, 2006. Attest: Approved: Marty He rix Michael J. Mo ri f City Secretary Mayor