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HomeMy WebLinkAbout2006/04/04-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 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 Gerald Pruitt, Deputy City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:05 p.m. on Tuesday, April 4, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burdette temporarily absent. Agenda Item H The invocation was given by Rabbi Alberto Zeilicovich, Congregation Invocation Ahavath Shalom. 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 Minutes Davis, the minutes of the regular meeting of March 28, 2006, were approved unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Agenda Item V Ms. Allison Letnes, representing the Parks and Community Services Special Department, presented the Draw Your Dream Park winners from Lily B. Presentations Clayton Elementary School. Council Member Davis presented each winner with a certificate and a Molly pin. Council Member Espino presented a Proclamation for Youth Service Days to Elizabeth Wells, Co-Chair, and Dominique Young, Vice-Chair, of the Youth Advisory Board and members of the Youth Advisory Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 2 of 16 Council Member Wheatfall presented a Proclamation for Week of the Young Child to Mr. John Whitcamp, President and CEO of Child Care Associates. Mayor Moncrief presented a Proclamation to former Mayor Bob Bolen in recognition of his 80th Birthday. Agenda Item VI Council Member Wheatfall announced that he, Jerome Walker, Housing Announcements Department Director, staff members from the Housing Department, and the Director and Chair of the Fort Worth Housing Authority, would take a trip tomorrow to Indianapolis, Indiana to look at their redevelopment of inner city areas similar to the Stop 6 area in southeast Fort Worth. He added that they would meet with the Mayor and City staff and they would provide insight how they took a dilapidated and overlooked community and turned it into a thriving community of diverse backgrounds. He further stated that he looked forward to returning to the Council and providing a report. He also announced that 38 years ago today on the balcony of the Lorraine Hotel in Memphis, Tennessee a great American hero, Dr. Martin Luther King, Jr., was slain. He stated he was a champion of civil rights and asked that the meeting be adjourned in his memory. Council Member Davis reminded the Council that the "Council Cuties" team comprised of her and Council Members Espino and Jordan would be bowling in a fundraising event in a few weeks for the Big Brothers and Big Sisters Organization and donations were being accepted. She stated they had raised over $3,000.00 thus far and encouraged everyone to donate. (Council Member Burdette assumed his chair at the dais.) Council Member Espino stated that on April 10, 2006, a public hearing would be held on Gas Well Task Force recommendations at North Fort Worth Baptist Church located on I35W and Western Center at 6:30 p.m. He added that the second public hearing would take place on April 20, 2006, in Council Chamber at 6:30 p.m. and encouraged everyone to attend the public hearings. Mayor Moncrief announced that Mr. Ian Surrat, a previous Mayor for the Day, passed last night. He expressed appreciation to the Council for helping to make one of Ian's days special and asked that everyone keep the family and Ian in their prayers. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 3 of 16 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Withdrawn from Nos. G-15148 and G-15149 be withdrawn from the consent agenda for Consent Agenda individual consideration. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Continued/ Nos. G-15142, G-15143, C-21375, and C-21389 and Zoning Docket No. ZC- Withdrawn By Staff 05-310 be withdrawn from consideration. Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Haskin, 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-1547 M&C OCS-1547 - from the Office of the City Secretary recommending that Claims the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15146 M&C G-15146 — Authorizing the City Manager to accept a Tobacco Ord. No. 16878-04- Education and Prevention Grant from the Texas Comptroller in the amount of 2006 $27,000.00; and adopt Appropriation Ordinance No. 16878-04-2006 Accept Statewide increasing estimated receipts and appropriations in the Grants Fund in the Tobacco Education amount of $9,000.00, subject to receipt of the Statewide Tobacco Education and Prevention and Prevention Grant from the Texas Comptroller for the purpose of funding Grant retailer education, inspection, and covert minor buys. G-15147 M&C G-15147 — Adopting Ordinance No. 16879-04-2006 amending City Ord. No. 16879-04- Ordinance No. 15754 by decreasing the number of limousines which Alamo 2006 Limousine Limited Partnership is authorized to operate upon the public Amend Ord. No. streets, alleys and thoroughfares of the City from seven (7) to five (5); 15754 to Reduce providing that the findings and recitations contained in the preamble are the Number of findings of the City Council; providing for written acceptance of this Limousines for ordinance by Alamo Limousine Limited Partnership. Alamo Limousine Limited Partnership P-10346 M&C P-10346 — Authorizing a sole source purchase agreement for Original Original Equipment Equipment Manufacturer Walker Process clarifier drive units, components, Manufacturer parts and repair service with Walker Process Equipment, Division of McNish Walker Process Corporation for the Water Department with shipping prepaid and added to the Clarifier Drive invoice. Payment is due 30 days from the date of the invoice; and Units, Components, Parts and Repair Service CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 4 of 16 Walker Process Clarifier Drive Manufacturer's List Price Less Units, Components and Repair Parts 2.5 Percent Discount Repairs to Existing Walker Process $ 125.00 Per Hour Equipment Travel Allowance for On-Site $1,000.00 Per Trip Plus Repairs Expenses On-Site Per Diem Rate $1,000.00 Authorizing this agreement to begin April 1, 2006, and expire March 31, 2007, with options to renew for two additional one-year periods. P-10347 M&C P-10347 — Authorizing a purchase agreement for fax machine Fax Machine maintenance and supplies with Toner Plus, Inc., for the City of Fort Worth Maintenance and based on best value with freight included in unit prices and payment due 30 Supplies days from receipt of invoice; authorizing this agreement to begin April 18, 2006, and expire April 17, 2007, 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 the bid award in accordance with the Texas Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10348 M&C P-10348 — Authorizing a purchase agreement for Panasonic notebook Portable Computer computers, peripheral equipment and maintenance with Portable Computer Systems, Inc. Systems, Inc., for the Information Technology Solutions Department with payment due 30 days from invoice date; and authorizing this agreement to begin April 4, 2006, and expire on September 24, 2006, with an option to renew for one additional one-year period. P-10349 M&C P-10349 — Authorizing a sole source purchase agreement for Class Class Software Software maintenance from Active Network, Inc., for Information Maintenance Technology Solutions Department at an estimated cost of $33,090.85; and authorizing this agreement to begin April 4, 2006, and expire April 3, 2007, with options to renew for three additional one-year periods. Payment is due 30 days from the invoice date. P-10350 M&C P-10350 — Authorizing the purchase of a new Sewer Inspection TV Sewer Inspection Van for the Water Department utilizing a Texas Association of School Boards TV Van (TASB) BuyBoard contract as listed below for a cost not to exceed $193,514.00 with payment due 30 days of the invoice date. Freight is included in the unit price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 5 of 16 Oty. & Description Extended Total TASB 208-04, Henna Chevrolet 1 ea. Chevy Express cargo van and options $ 26,577.00 TASB 207-04, Renfro Equipment& Supplies 1 ea. Cues TV inspection system $166,937.00 Total $193,514.00 L-14181 M&C L-14181 — Approving the sale of tax foreclosed property located at 0 Sale of Tax Samuels Avenue, its legal description being the West part of Lots 6 and 7 of Foreclosed Property the J. L. Moore Addition, as allowed by the Texas Property Tax Code Section 34.05 (DOE 920), to developer Trinity Bluff Development, Ltd., for the total cost of$900.65; accepting a donation of land adjacent to Samuels Avenue, its legal description being Lot 9, Block 6, Trinity Bluff Addition; and authorizing the City Manager to execute the appropriate deed documents conveying the property exchange to complete the sale. C-21381 M&C C-21381 — Authorizing the City Manager to enter into an Phoenix Property Encroachment Agreement with Phoenix Property Company authorizing use Company of the right-of-way for installation of data conduits under 2800 West Bowie Street between Greene Avenue and Waits Avenue. C-21382 M&C C-21382 — Authorizing the City Manager to enter into a consent Sanguinet Building, agreement for signs and awnings with Sanguinet Building, L.P., authorizing L.P. use of the right-of-way for signs and awnings at 355 West 3rd Street. C-21383 M&C C-21383 - Authorizing the City Manager to execute an Engineering Halff Associates Services Contract with Halff Associates of Fort Worth to provide engineering services needed to effectively implement the recently developed Storm Water Management Design Manual at a cost not to exceed $84,300.00. C-21384 M&C C-21384 — Authorizing transfer of $47,192.20 from the Water and Ord. No. 16880-04- Sewer Operating Fund to the Water Capital Project Fund in the amount of 2006 $43,329.55, and the Sewer Capital Project Fund in the amount of $3,862.65; S.H.U.C., Inc. adopting Appropriation Ordinance No. 16880-04-2006 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$43,329.55 and the Sewer Capital Project Fund in the amount of$3,862.65 from available funds for the purpose of funding a contract with S.H.U.C., Inc., for the Floyd-Hanover Storm Drain and Water Line Construction Contract; and authorizing the City Manager to execute a contract with S.H.U.C., Inc., in the amount of $110,525.20 and 70 working days for the Floyd-Hanover Storm Drain and Water Line Construction Contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 6 of 16 C-21385 M&C C-21385 — Authorizing the City Manager to execute an engineering Freese and Nichols, agreement with Freese and Nichols, Inc., in the amount of $67,880.00 for Inc. Historic Handley Urban Village Pedestrian and Streetscape Project. C-21386 M&C C-21386 — Authorizing the City Manager to execute a contract with Gibson & Gibson & Associates, Inc., in the amount of$265,913.80 for rehabilitation of Associates,Inc. a taxiway entrance to the FedEx Facility and the Deicing Containment Facility at Fort Worth Alliance Airport. C-21387 M&C C-21387 — Authorizing the City Manager to execute agreements with Various various municipalities for the loan of a Mobile Collection Unit and truck. Municipalities C-21388 M&C C-21388 — Authorizing the City Manager to execute a contract with Brinkman Brinkman Construction, in the amount of $232,190.50 for Playground Construction Renovations at Fire Station, Hulen Meadows and Wedgwood Parks. The motion carried. End of Consent Agenda. Agenda Item X Council Member Haskin made a motion, seconded by Council Member Presentations by Espino, that Mr. Bill Miller be appointed to an Alternate position on the City Council Board of Adjustment and appointed to the Building Standards Commission effective April 4, 2006, with terms expiring October 1, 2006, and September 30, 2006, respectfully. 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 authorizing the execution of an Resolutions acknowledgement and consent to a First Amendment to Land and Special Res. No. 3332-04- Facilities Lease Agreement and a First Amendment to Assignment and 2006 Assumption Agreement and resolving other matters related thereto with First Amendment to respect to the issuance of refunding bonds for Federal Express Corporation Land and Special (FedEx). Facilities and Assignment and Council Member Jordan made a motion, seconded by Council Member Assumption Espino, that Resolution No. 3332-04-2006 be adopted. The motion carried Agreements to Issue unanimously nine (9) ayes to zero (0) nays. Refunding Bonds for FedEx CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 7 of 16 Res. No. 3333-04- There was presented a resolution approving a resolution of AllianceAirport 2006 Authority, Inc., with respect to the issuance of refunding bonds for Federal AirportAuthority, Express Corporation (FedEx). Inc., Resolution to Issue Refunding Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Bonds for FedEx that Resolution No. 3333-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3334-04- There was presented a resolution for the adoption of a Clean Fleet Vehicle 2006 Policy. Clean Fleet Vehicle Policy Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3334-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15142 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15142, Consideration of Suspension of the Grant of Privilege Granted to Continental Limousines for Non-Compliance with Article VI, Chapter 34, Section 34-222 of the Code of the City of Fort Worth (2003) as Amended, and Adopt Attached Ordinance, be withdrawn from consideration. G-15143 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15143, Consideration of Suspension of the Grant of Privilege Granted to Silver West Limousines for Non-Compliance with Article VI, Chapter 34, Section 34-222 of the Code of the City of Fort Worth (2003) as Amended, and Adopt Attached Ordinance, be withdrawn from consideration. Public Hearing It appeared that the City Council, at its meeting of March 28, 2006, continued G-15145 the public hearing for the approval of the 2006-2007 Consolidated Action Ord. No. 16881-04- Plan grant application (CDBG, HOME, ADDI, ESG and HOPWA grants) for 2006 submission to the U.S. Department of Housing and Urban Development. 2006-2007 Mayor Moncrief opened the public hearing and asked if there was anyone Consolidated Action present desiring to be heard. Plan Grant Ms. Deidra Emerson, Assistant Housing Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15145, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 8 of 16 There was presented Mayor and Council Communication No. G-15145, dated March 28, 2006, from the City Manager recommending that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the 2006-2007 Consolidated Action Plan; 2. Authorize the use of $520,000.00 in estimated program income from the CDBG & HOME repayments and interest earned and Revolving Loan Funds; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $11,494,189.00 ($6,787,504.00 in Community Development Block Grant (CDBG) Program funds, $520,000.00 in estimated program income, $289,087.00 in Emergency Shelter Grant Program funds, $3,020,899.00 in HOME Investment Partnerships Program funds, $63,699.00 in American Dream Down Payment Initiative Program funds and $813,000.00 in Housing Opportunities for Persons with HIV/AIDS Program funds); and 4. Apply indirect cost rates, as applicable, for the Grants Fund in accordance with the City's Administrative Regulations. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15145 be approved and Appropriation Ordinance No. 16881-04-2006 be adopted with the addition of$14,000.00 being allocated to the Latin Arts Association at the Rose Marine Theater for continuation of their Theater Skills Workshop program. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15148 There was presented Mayor and Council Communication No. G-15148 from Ord. No. 16882-04- the City Manager recommending that the City Council consider and adopt the 2006 findings and opinions of the City staff as presented herein; and adopt an Revoke Grant of ordinance to revoke the privilege granted to Pete's Limousine to use the Privilege to Pete's streets, alleys and public thoroughfares of the City of Fort Worth for failure to Limousine for maintain in full force a certificate of liability insurance coverage for vehicles Noncompliance with for hire required in accordance with Section 34-220 and failure to maintain Article VI, Chapter condition to conduct business as required by Section 34-204(2), Article VI, 34-220 of City Code Chapter 34 of the Code of the City of Fort Worth (2003), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 9 of 16 Council Member Davis stated that this grant of privilege was being revoked as recommended by staff for not having liability insurance. She added that she was concerned with limousine companies operating outside the City's purview and were not coming in for any kind of licensing whatsoever. She pointed out the City had no idea whether their vehicles were safe, properly insured or their drivers adequately trained. She further stated that the City's citizens and those that were visiting the City were being placed at risk as a result of this noncompliance. She added that she hoped that the action being taken by the Council tonight would be much more severe for those companies that had not bothered to come in and obtain licenses and brought their operations to the attention of the City of Fort Worth. She proposed that the Police Department get involved in terms of putting the companies in some way of financial harm other than issuing citations, and suggested perhaps placing a boot on or impounding their vehicles to cease operation, until they had been licensed by the City. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox that Mayor and Council Communication G-15148 be approved and that Ordinance No. 16882-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15149 There was presented Mayor and Council Communication No. G-15149 from Ord. No. 16883-04- the City Manager recommending that the City Council consider and adopt the 2006 findings and opinions of the City staff as presented herein; and adopt an Revoke Grant of ordinance to revoke the privilege granted to Shooting Star Limousines to use Privilege to Shooting the streets, alleys and public thoroughfares of the City of Fort Worth for Star Limousines for failure to maintain in force a certificate of liability insurance coverage for Noncompliance with vehicles for hire as required in accordance with Section 34-220, Article VI, Article VI, Chapter Chapter 34 of the Code of the City of Fort Worth (2003), as amended. 34-220 of City Code Council Member Wheatfall made a motion, seconded by Council Member Davis that Mayor and Council Communication G-15149 be approved and that Ordinance No. 16883-04-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 10 of 16 G-15150 There was presented Mayor and Council Communication No. G-15150 from Extend the City Manager recommending that the City Council approve an extension Occupational Injury of occupational injury leave-of-absence pay benefits for Police Officer Leave-of-Absence Eduardo Mendoza. Benefits for Police Officer Eduardo Mayor Pro tem Silcox made a motion, seconded by Council Member Mendoza Wheatfall, that Mayor and Council Communication No. G-15150 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15151 There was presented Mayor and Council Communication No. G-15151 from Appoint Delonia A. the City Manager recommending that the City Council confirm the Watson to appointment of Ms. Delonia A. Watson as a member of the Firefighters' and Firefighters' and Police Officers' Civil Service Commission for the City of Fort Worth. Police Officers' Civil Service Commission Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15151 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Members Hicks acknowledged the presence of Ms. Watson and thanked her for her willingness to serve. G-15152 There was presented Mayor and Council Communication No. G-15152 from Implement Central the City Manager recommending that the City Council authorize the City City Portion of Manager to enter into a Programmatic Agreement with the Texas Historical Trinity River Vision Commission and the United States Army Corps of Engineers regarding the Master Plan mitigation of adverse impacts on identified historic resources due to implementation of the Central City portion of the Trinity River Vision Master Plan. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15152 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15153 There was presented Mayor and Council Communication No. G-15153 from Rename Public the City Manager recommending that the City Council approve the naming of Safety and Courts the current Public Safety and Courts Building at 1000 Throckmorton Street, Building After A.D. the "A.D. Marshall Public Safety and Courts Building". Marshall Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15153 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 11 of 16 Mayor Moncrief recognized Mrs. Marshall who was in attendance at the meeting. P-10351 There was presented Mayor and Council Communication No. P-10351 from Golf Management the City Manager recommending that the City Council authorize the City System Manager to enter into a purchase agreement for a Golf Management System from the Active Network, for the Golf Division, Parks and Community Services Department, with payments annually; and authorize this agreement to begin upon the completion of signed contract. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10351 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21375 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21375, Authorize an Amendment to City Secretary Contract Number 20111 with the Fort Worth Convention and Visitors Bureau for the Payment to the Bureau of $150,000.00 in Additional Funds for Incentives and the Adoption of a Supplemental Appropriations Ordinance, be withdrawn from consideration. C-21389 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21389, Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of Discretionary Service 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 Project No. 00136), be withdrawn from consideration. C-21390 There was presented Mayor and Council Communication No. C-21390 from Amendment No. 1 to the City Manager recommending that the City Council authorize the City CSC No. 31731 — Manager to execute Amendment No. 1 to City Secretary Contract No. 31731 URS Corporation with URS Corporation for consulting services in the amount of $138,058.00 to conduct custom profiles and noise monitoring in conjunction with the updated FAR Part 150 Noise Compatibility Study at Fort Worth Alliance Airport. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21390 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 12 of 16 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-307 It appeared that the City Council, at its meeting of March 21, 2006, continued Continued Until the hearing of the application of Louie Ruiz for a change in zoning of April 18, 2006 property located at 2401 and 2409 Vaughn Boulevard from "E" Neighborhood Commercial to "F-R" General Commercial Restricted, Zoning Docket No. ZC-05-307. 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 Louie Ruiz, Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing and Zoning Docket No. ZC-05-307 be continued until April 18, 2006, so that he and Council Member Hicks could meet with the applicant. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-06-001 It appeared that the City Council, at its meeting of March 21, 2006, continued Approved the hearing of the application of Assured Self Storage for site plan of property located in the 7700 and 7800 blocks of Ederville Road to amend "PD-563" to change the layout configuration of mini warehouse units, Site Plan No. SP- 06-001. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Assured Self Storage, Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing be closed and that Site Plan No. SP-06-001 be approved. Council Member Wheatfall stated that he had visited the site to see how it abutted the service road to I30 and that he was confident the site plan presented was an acceptable amendment. Council Member Haskin stated that this site abutted District 4 and that the visual part would be seen from District 4 and not District 5. She added that the part of the storage yard that had been changed, which would include outdoor storage, would be facing District 4. She further stated that a masonry or solid fence was requested to be built to cover the outdoor storage the last time this request came before the Council. She requested that the Council not allow a junk yard to be seen while on the freeway and that it be required that a solid masonry fence be placed on the side of the highway frontage. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 13 of 16 Council Member Wheatfall stated that he had met with the applicant and that it was cost prohibitive to build a masonry wall on the property. He added that the property abutted a service road that was elevated from I30 and across the street was a wooded area, no development, and on the northern eastern boundary was floodplain property. Council Member Davis asked the applicant's representative if there were other types of screening materials that could be used that would not be as cost prohibitive. H. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, representing the applicant, stated that the applicant had incorporated into the site plan along 1,147 linear feet of the property 330 five gallon Texas Sage that would be eight to ten feet in height upon maturity. He stated that he took a survey on I30, starting at the eastern most boundary of Fort Worth with the common line of Arlington and traveled all the way to the western boundary, a distance of 25.7 miles. He added he did not notice or find anywhere on I30 a masonry wall. He further stated that there were four mini-warehouse units on I30 within Fort Worth's city limits and none of them had masonry walls only a few of them had a chain link fence around the property. A lengthy discussion ensued amongst the Council and Mr. Hopkins relative to outside storage, screening of the property, and the purpose of the site plan amendment. Mr. Hopkins advised the Council that if the RV storage was a source of the problem, that portion could be eliminated from the site plan. Council Member Wheatfall called for the question, seconded by Mayor Pro tem Silcox. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis pointed out that the minutes from the City Zoning Commission reflected three changes being made to the site plan, the reduction of 12,200 square feet of mini warehouse space, the addition of a pole sign and an increase in area reserved for a future RV park. She suggested that either the City require some type of landscape screening or removal of the RV storage from the site plan as suggested by Mr. Hopkins. The motion to approve Zoning Docket No. SP-06-001 carried six (6) ayes to three (3) nays with Council Members Espino, Haskin and Davis casting the descending votes. (Note: See Page 15 for question of privilege on the vote for this item). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 14 of 16 AGENDA ITEM XVB — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL/DENIAL ZC-05-310 Council Member Espino advised that earlier today in the Pre-Council Withdrawn Worksession that due to a defect in notice on this zoning case, this item was withdrawn from consideration and would be returned to the City Zoning Commission for their consideration on April 12, 2006. He added that this zoning case would return for Council consideration on May 9, 2006, and that the property was actually in District 2 and not District 4. It was the consensus of the City Council that Zoning Docket No. ZC-05-310, application of the City of Fort Worth for a change in zoning of property located in the (A) 2400 through 2500 blocks of McLemore Street and properties along the north side of Race Street as listed below, be withdrawn from consideration: Recommended for Approval: City of Fort Worth, 2400 through 2500 blocks of McLemore Street and properties along the north side of Race Street from "B" Two-Family Residential to"A-5" One-Family Residential. Recommended for Denial: City of Fort Worth, 2424, 2428, 2500, 2502, 2504, 2512, 2528, 2530 Race Street from "B" Two-Family Residential to "A-5" One-Family Residential. Item XVI Mr. Joe Don Brandon, P.O. Box 325, Euless, Texas, was acknowledged as Citizen appearing on the agenda as wishing to appear before Council relative to a Presentations request for a walkway on Riverside Drive, but was not present in the Council Joe Don Brandon Chamber. Arlettia Sharp Ms. Arlettia Sharp, 2409 McLemore Avenue, appeared before Council relative to the rezoning of McLemore Avenue and Race Street, Zoning Docket No. ZC-05-310. She asked that the Council provide the same consideration as they had for the residents of University Park and have the property zoned Single Family. Rick Herring Mr. Rick Herring, 7720 Deaver Drive, requested clarification on when ZC- 05-310 would be considered by the City Zoning Commission. Council Member Espino responded that the case would be considered by the City Zoning Commission on April 12, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 4, 2006 PAGE 15 of 16 Mayor Moncrief acknowledged the following individuals who were in support of the City Zoning Commission's recommendation relative to Zoning Docket No. ZC-05-310, but did not wish to address the Council: Jesus Reyes, Mr. Jesus Reyes 2421 Race Street Maria Lopez, Ms. Maria Veronica Lopez 2501 Race Street Helen Armstrong, Ms. Helen Armstrong 2428 & 2500 Race Street Robert Armstrong, Mr. Robert Armstrong 2428 Race Street David Powers, Mr. David Powers 2309 Westbrook James Permenter Mr. James Permenter 416 N. Chandler Rick Johnson Mr. Rick Johnson, 3520 Marquita Drive, Board Member of the Westside YMCA, appeared before Council and stated that he planned bicycle rides for children in the neighborhood four to six times a year. He stated that there were many children who were left behind because they could not afford a bicycle and that he had spoken with Mr. Sal Spinelli, City Pound Manager, who stated that several bicycles had been impounded that could possibly be donated to needy children; however, the City Council would have to authorize the donation. City Manager Boswell requested that Mr. Johnson meet with him after the Council meeting to discuss this issue. Council Member Haskin stated that fire fighters at Fire Station 5 off of Evans in District 8 rebuild bicycles for children and suggested Mr. Johnson also visit with them. SP-06-001 Mayor Moncrief stated that Council Member Haskin had raised a question of Question of privilege on the vote for Zoning Docket No. SP-06-001 and asked for an Privilege on indication from the Council, by a show of hands, for a vote on the original Original Vote motion made by Council Member Wheatfall and seconded by Mayor Pro tem Approved with Silcox as originally presented. Mayor Moncrief, Mayor Pro tem Silcox, and Modifications Council Members Wheatfall and Burdette raised their hands in favor of the original motion and Council Members Espino, Haskin, Jordan, Hicks and Davis raised their hands in opposition of the original motion. Mayor Moncrief acknowledged that he had originally misstated the vote as passing on a vote of 6 to 3 and by this show of hands, the motion failed on a vote of 4 to 5. City Secretary Hendrix advised the Council another motion was in order to dispense with Zoning Docket No. SP-06-001. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 4,2006 PAGE 16 of 16 There being no one present desiring to be heard in connection with the application of Assured Self Storage, Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the Zoning Hearing be closed and Site Plan No. SP-06-001, be approved with the exclusion of the RV outdoor storage and inclusion of a monument sign in accordance with the City's sign ordinance. The motion carried unanimously nine (9) ayes to zero (0)nays. Mayor Moncrief acknowledged Mr. Eric Guerrera from Boy Scout Troop 144 who was attending the Council meeting working on his Citizenship in the Community Badge. Agenda Item XVII There being no further business, the meeting was adjourned at 8:28 p.m. in Adjournment the memory of Dr. Martin Luther King, Jr., and Mr. Ian Surrat. These minutes approved by the Fort Worth City Council on the 11th day of April, 2006. Attest: Approved: &At- Marty H dnx Michael J onj f City Secretary Mayor