HomeMy WebLinkAbout2011/01/04-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 2 of 32
2. M &C G -17164 - Authorize Payment of the City of Fort Worth's Assessed Pro Rata Allocation
of the Denton County Appraisal District's Budget for January through December 2011 for an
Amount Up to $67,923.80.
The City Council Approved the Following Recommendation: Authorize Payment for an Amount Up to
$67,923.80 for the City of Fort Worth's Assessed Pro Rata Allocation of the Denton County Appraisal
District's 2011 Budget for the Months of January Through December 2011.
3. M &C G -17165 - Authorize the Purchase of Excess Workers Compensation Insurance Policy
for 2011 from Star National Insurance Company through McGriff, Seibels and Williams of
Texas, Inc., in the Amount of $399,180.00.
The City Council Approved the Following Recommendation: Authorize the City Manager to Purchase
an Excess Workers Compensation Insurance Policy From Star National Insurance Company Through
McGriff, Seibels and Williams of Texas, Inc., in the Amount of $399,180.00.
4. M &C G -17166 - Authorize Continuation of the Military Pay Supplement Benefit and Military
Leave Fund Policy Until December 31, 2011.
The City Council Approved the Following Recommendation: Authorize the Continuation of the
Military Pay Supplement Benefit and Military Leave Fund Policy Until December 31, 2011.
5. M &C G -17167 - Adopt a Resolution Nominating RadioShack Corporation as an Enterprise
Project Pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government
Code and Repealing Resolution No. 3912 -08 -2010.
The City Council Approved the Following Recommendation: Adopt Resolution No. 3957 -01 -2011
Nominating RadioShack Corporation as an Enterprise Project Pursuant to the Texas Enterprise Zone
Act, Chapter 2303 of the Texas Government Code and Repeal the Previous Nominating Resolution
No. 3912 -08 -2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 3 of 32
(VII. CONSENT AGENDA Continued)
6. M &C G -17168 - Adopt Appropriation Ordinance and Authorize the Transfer of Funds for
Contract Renewal with Enercon Services, Inc., City Secretary Contract No. 39673, in the
Amount of $400,000.00 for Environmental and Engineering Consulting Services.
The City Council Approved the Following Recommendation: Approve the Transfer of $400,000.00
From the Environmental Services Operating Fund (R103) to the TPW- Environmental Protection
Project Fund (R101); and Adopt Appropriation Ordinance No. 19500 -01 -2011 Increasing the
Estimated Receipts and Appropriations in the Environmental Protection Project Fund (R101) in the
Amount of $400,000.00, From Available Funds, for the Purpose of Funding Environmental and
Engineering Consulting Services.
7. M &C G -17169 - Authorize Payment to TxDOT in an Amount Not to Exceed $300,163.96 for
Construction Adjustment on Lancaster Avenue from Henderson Street to Jones Street, and
Transfer to Parks and Community Services General Fund in the Amount of $19,252.14 for
Irrigation Repairs Made on Behalf of this Project and Adopt Appropriation Ordinances.
The City Council Approved the Following Recommendation: Adopt Appropriation Ordinance No.
19501 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Special Assessments
Fund in the Amount of $262,862.23, From Available Funds for the Purpose of Transferring Said Funds
to the Street Improvements Fund and General Fund; Authorize the Transfer From the Special
Assessments Fund to the Street Improvements Fund and the General Fund of Parks and Community
Services; Adopt Appropriation Ordinance No. 19502 -01 -2011 Increasing the Estimated Receipts and
Appropriations in the Street Improvements Fund in the Amount of $243,610.09, From Available Funds
for the Purpose of Providing Additional Funds for the Lancaster Avenue Construction Project; Adopt
Supplemental Appropriation Ordinance No. 19503 -01 -2011 Increasing the Estimated Receipts and
Appropriations in the General Fund in the Amount of $19,252.14, From Available Funds for the
Purpose of Reimbursing the Parks and Community Services Department for Work Performed by Them
in Support of the Project; and Authorize Final Payment to TxDOT in an Amount Not to Exceed
$300,163.96 for Construction Adjustment on Lancaster Avenue From Henderson Street to Jones
Street.
8. M &C G -17170 - Adopt an Ordinance Amending Chapter 27 of the Code of the City of Fort
Worth, Texas (1986) Providing for the Payment of Shift Differential for Certain Police Officer
Positions.
The City Council Approved the Following Recommendation: Approve Ordinance No. 19504 -01 -2011
Amending Chapter 27 of the Code of the City of Fort Worth, Texas (1986), by Creating a New Section
27 -34 Providing for the Payment of Shift Differential Pay to Police Officers Who Work Approved,
Assigned Shifts in Which More Than Fifty Percent of the Time Worked is Between the Hours of
4:00 p.m. and 12:00 Midnight or Between the Hours of 12:00 Midnight and 6:00 a.m., for Certain
Police Officer Positions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 4 of 32
(VII. CONSENT AGENDA Continued)
(G -17170 Continued)
SECTION 1.
That Chapter 27 of the Code of the City of Fort Worth, Texas (1986) is hereby amended by adding a
new Section 27 -34 to read as follows:
Sec. 27 -34 Shift Differential Pay
(a) All Full -time police civil service employees up through the rank of Lieutenant are eligible for shift
differential pay.
(b) Only eligible police employees working approved, assigned shifts will be paid shift differential
pay.
(c) Only eligible police employees who work a defined shift in which more than 50% of its time
worked is between the hours of 4:00 P.M. and 12:00 A.M. (Midnight) shall receive shift differential
pay of 3% of their hourly step rate of pay in addition to their hourly step rate of pay.
(d) Only eligible police employees who work a defined shift in which more than 50% of its time
worked is between the hours of 12:00 A.M. and 6:00 A.M. shall receive shift differential pay of 5% of
their hourly step rate of pay in addition to their hourly step rate of pay.
e) Police employees who work a shift in which more than 50% of its time worked is between the hours
of 6:00 A.M. and 4:00 P.M. are not eligible for shift differential pay.
(f) Employees working pursuant to an emergency call back order will not receive shift differential pay.
(g) Shift differential pay will be paid only for time worked. Shift differential pay will not be paid to an
employee for holiday pay or any type of leave pay.
B. Purchase of Equipment, Materials, and Services - Consent Items
L M &C P -11189 - Authorize the Purchase of Three Pieces of Portable Chemical Analysis
Equipment and a One -Year Support and Service Package for the Fire Department from Federal
Resources Supply Company Using a General Services Administration Contract for an Amount
of $171,506.47 from Federal Grant Funds.
The City Council Approved the Following Recommendation: Authorize the Purchase of Three (3)
Pieces of Portable Chemical Analysis Equipment and a One (1) Year Support and Service Package for
the Fire Department From Federal Resources Supply Company Using General Services Administration
Cooperative Contract GS- 07F -9287S for an Amount of $171,506.47 Paid Using Federal Homeland
Security Grant Funds.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 5 of 32
(VII. CONSENT AGENDA Continued)
2. M &C P -11190 - Authorize the Purchase of Two PatrolSim IV Driving Simulators, Software,
and Related Services for the Police Department from MPRI, a Division of L -3 Services, Inc.,
Using a General Services Administration Contract for a Total Amount of $196,500.00.
The City Council Approved the Following Recommendation: Authorize the Purchase of Two (2)
PatrolSim IV Driving Simulators, Software and Related Services for the Police Department From
MPRI, a Division of L -3 Services, Inc., Using the General Services Administration Contract Number
GS- 23F -9814H for a Total Amount of $196,500.00.
C. Land - Consent Items
1. M &C L -15121 - Authorize the Acceptance of a Dedication Deed from Russell and Shelia
Emerson, at No Cost to the City of Fort Worth for 0.001 Acres of Land for the Right -of -Way
Required for the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road.
The City Council Approved the Following Recommendation: Authorize the Acceptance of a
Dedication Deed From Russell and Shelia Emerson at No Cost to the City of Fort Worth for 0.001
Acre of Land, Described as Lot 1, Block 23, Saginaw North Addition, Fort Worth, Tarrant County,
Texas, for Right -of -Way Needed for the Widening of Old Decatur Road From Bailey - Boswell Road to
W J Boaz Road; and Authorize the City Manager, or His Designee, to Accept and Record the
Appropriate Instruments to Complete the Conveyance.
2. M &C L -15122 - Authorize the Acceptance of a Dedication Deed from Eagle Mountain -
Saginaw Independent School District, at No Cost to the City of Fort Worth for 0.027 Acres of
Land for the Right -of -Way Required for the Widening of Old Decatur Road from Bailey - Boswell
Road to W J Boaz Road.
The City Council Approved the Following Recommendation: Authorize the Acceptance of a
Dedication Deed From Eagle Mountain - Saginaw Independent School District at No Cost to the City of
Fort Worth for 0.027 Acre of Land Described as Abstract No. 834, Tract 1D, I. &G.N. RR Co. Survey,
Fort Worth, Tarrant County, Texas, for the Right -of -Way Needed for the Widening of Old Decatur
Road From Bailey - Boswell Road to W J Boaz Road; and Authorize the City Manager, or His
Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance.
3. M &C L -15123 - Accept the Dedication of Approximately 19.98 Acres of Unimproved
Parkland from Forestar (USA) Real Estate Group, Inc., for Kingsridge Park.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 6 of 32
(VII. CONSENT AGENDA Continued)
(L -15123 Continued)
The City Council Approved the Following Recommendation: Accept the Dedication of an
Approximately 19.59 Acre Parcel of Unimproved Parkland, Situated in the John Edmonds Survey,
Abstract No. 457, Intending to be All of Lot 61, Block 2, Being Portions of a Tract of Land Conveyed
to Keller 107, Ltd., Tarrant County, Texas, and a 0.39 Acre Parcel of Unimproved Parkland Situated in
the John Edmonds Survey, Abstract No 457, Intending to be All of Lot 53, Block 2, Being Portions of
a Tract of Land Conveyed to Keller 107, Ltd., Tarrant County, Texas, From Forestar (USA) Real
Estate Group, Inc., in Accordance With the Neighborhood and Community Park Dedication Policy for
Kingsridge Park.
4. M &C L -15124 - Accept the Dedication of Approximately 4.5825 Acres of Unimproved
Parkland from St. Augustine Apartments II, LLC, as an Addition to Arcadia Trail Park North.
The City Council Approved the Following Recommendation: Accept the Dedication of an
Approximately 4.5825 Acres Tract of Unimproved Parkland Situated in the C.C. Whyte Survey,
Abstract No. 1161, Intending to be All of Lot 2, Block 1, and Being a Portion of That Certain Tract of
Land as Described by Deed to St. Augustine Estate Apartments II, L.L.C., Tarrant County,
Texas, From St. Augustine Apartments II, L.L.C., in Accordance With the Neighborhood and
Community Park Dedication Policy as an Addition to Arcadia Trail Park North.
D. Planning & Zoning - Consent Items
2. M &C PZ -2921 - Authorize the City Manager to Initiate Rezoning of Certain Properties in
Phase Four of the Northside Neighborhood in Accordance with the Comprehensive Plan.
The City Council Approved the Following Recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes in Phase Four (4) of the Northside Neighborhood, From "A -5" One - Family,
"B" Two - Family, "C" Multi- Family, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General
Commercial, "I" and "J" Industrial, and "PD" Planned Development and Historical Overlays Will be
Retained, to "A -5" One - Family, "B" Two - Family, "UR" Urban Residential, "CF" Community
Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "MU -1" Low
Intensity Mixed -Use, and "PD" Planned Development and Historical Overlays Will be Retained in
Accordance With the Comprehensive Plan.
3. M &C PZ -2922 - Authorize an Application for the Rezoning of Certain Properties in a Portion
of the Stop 6/Poly Oversight Neighborhood in Accordance with the Comprehensive Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 7 of 32
(VII. CONSENT AGENDA Continued)
(PZ -2922 Continued)
The City Council Approved the Following Recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes in a Portion of the Stop Six/Poly Oversight Neighborhood, From "A -10" One -
Family, "A -5" One - Family, "B" Two - Family, "ER" Neighborhood Commercial Restricted, "E"
Neighborhood Commercial, "FR" General Commercial Restricted, and "PD" Planned Developments
799 to "A -10" One - Family, "A -7.5" One - Family, "A -5" One - Family, "CF" Community Facilities,
"ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, and "PD" Planned
Development 799, in Accordance With the Comprehensive Plan.
E. Award of Contract - Consent Items
1. M &C C -24667 - Adopt a Resolution Authorizing an Increase of $10,000.00 to the Maximum
Amount to Be Paid to Lowell Denton of Denton, Navarro, Rocha and Bernal, P.C., to Assist the
City in Public Safety Labor Negotiation Issues.
The City Council Approved the Following Recommendation: Authorize the City Manager to Adopt
Resolution No. 3958 -01 -2011 Increasing by $10,000.00 the Amount to be Paid to Lowell Denton of
the Law Firm Denton, Navarro, Rocha and Bernal, P.C., for a Total Amount Up to $275,000.00 for
Continued Assistance to City Staff With Public Safety Employment and Labor Issues During FY 2010-
2011 Budget Discussions.
2. M &C C -24668 - Authorize Professional Services Agreement with Horizon Health
Corporation to Provide the City of Fort Worth Employee Assistance Program at an Initial
Annual Cost of $90,000.00.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute a
Professional Services Agreement With Horizon Health Corporation to Provide the Employee
Assistance Program for City Employees for an Initial Annual Amount of $90,000.00.
3. M &C C -24669 - Authorize the Expenditure of $412,750.00 in Community Development Block
Grant - Recovery Funds to New Star Grading & Paving Company for the Sidewalk
Infrastructure Project PHASE II and the Execution of a Contract.
The City Council Approved the Following Recommendation: Authorize the Expenditure of
$412,750.00 in Community Development Block Grant - Recovery Funds to New Star Grading &
Paving Company for the Sidewalk Infrastructure Project Phase II; and Authorize the City Manager, or
His Designee, to Execute a Contract With New Star Grading & Paving Company, for the Project to be
Completed in 200 days.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 8 of 32
(VII. CONSENT AGENDA Continued)
4. M &C C -24670 - Authorize an Engineering Agreement in the Amount of $128,957.00 with
Dunaway Associates, L.P., for the Wesleyan Hills Drainage Improvements Project.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute
an Engineering Agreement With Dunaway Associates, L.P., in the Amount of $128,957.00 for Scope
Assessment of the Wesleyan Hills Drainage Improvements Project.
5. M &C C -24671 - Authorize the Execution of an Interlocal Agreement with Tarrant County to
Conduct Auto Theft and Burglary of Motor Vehicle Investigations Through Participation in the
Tarrant Regional Auto Crimes Task Force, Accept $1,078,815.12 from the Tarrant County
Regional Auto Crimes Task Force Grant, Authorize $240,370.79 in Matching Funds and Adopt
Appropriation Ordinance.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute
an Interlocal Agreement With Tarrant County to Participate in the Tarrant County Regional Auto
Crimes Task Force; Accept an Estimated $1,078,815.12 From the Tarrant County Regional Auto
Crimes Task Force Grant; Authorize the Interlocal Agreement to be Extended by Written Mutual
Agreement for Four (4) One (1) Year Option Periods With Estimated Annual Increases of Eight (8)
Percent in Subsequent Years Without Further Action From Council; Authorize the Transfer of
$40,972.75 From the General Fund to the Grants Fund for the City's Partial Match of the Auto Crime
Task Force Interlocal Agreement in Fiscal Year 2011, Contingent Upon Receipt of Adequate Funding
in the Fiscal Years 2012, 2013, 2014, and 2015 General Fund Budget, Authorize the Transfer From the
General Fund to the Grants Fund of $199,398.04; and Adopt Appropriation Ordinance No. 19505 -01-
2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$1,319,185.91, Subject to Receipt of the Grant for the Purpose of Funding Participation in the Tarrant
County Regional Auto Crimes Task Force.
6. M &C C -24672 - Authorize the Ratification and Execution of an Agreement with the Safe City
Commission, Inc., to Operate a Crime Stoppers Call Center for $75,000.00.
The City Council Approved the Following Recommendation: Authorize the City Manager to Ratify
and Execute an Agreement for $75,000.00 With the Safe City Commission, Inc., During Fiscal Year
2011 With Four (4) One (1) Year Options to Extend the Agreement to Operate a Crime Stoppers Call
Center Without Further Action From City Council.
7. M &C C -24673 - Authorize a Contract in the Amount of $655,823.50 with Jay Mills
Contracting, Inc., for Taxilane, Roadway and Lighting Improvements at Fort Worth Spinks
Airport and Adopt Appropriation Ordinance in the Amount of $721,405.85 for Taxilane,
Roadway and Lighting Improvements at Fort Worth Spinks Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 9 of 32
(VII. CONSENT AGENDA Continued)
(C -24673 Continued)
The City Council Approved the Following Recommendation: Authorize the Use of Revenue Derived
From Mineral Leases on City -Owned Airports in the Amount of $721,405.85 for a Contract With Jay
Mills Contracting, Inc., Project Management, Construction Survey and Inspections Costs for Taxilane,
Roadway and Lighting Improvements at Fort Worth Spinks Airport; Adopt Appropriation Ordinance
No. 19506 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease
Project Fund From Available Funds; and Authorize the City Manager to Execute the Contract in the
Amount of $655,823.50 and Authorize $65,582.35 for Associated Costs for Construction Survey,
Project Management, Materials Testing, Administrative and Inspection Services.
8. M &C C -24674 - Authorize Amendment No. 1 to City Secretary Contract No. 40274, a
Community Facilities Agreement with Steel Crafters, Inc., to Add City Participation in the
Amount of $48,353.77 for Construction of Twelve Inch Water Main to Serve Adams Industrial
Park.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute
Amendment No. 1 to City Secretary Contract No. 40274, a Community Facilities Agreement With
Steel Crafters, Inc., to Add City Participation in the Amount of $48,353.77 for the Installation of the
Twelve Inch Water Main to Serve Adams Industrial Park, Located at 4813 Parker Henderson Road,
Described as Lot 1, Block 2, a Development in Fort Worth.
9. M &C C -24675 - Authorize Change Order No. 2 in the Amount of $312,705.00 to City
Secretary Contract No. 39655 with Ark Contracting Services, LLC, for the Village Creek
Reclaimed Water Eastern Delivery System Pump Station No. 1, Located at the Village Creek
Wastewater Treatment Plant.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute
Change Order No. 2 in the Amount of $312,705.00 to City Secretary Contract No. 39655 With Ark
Contracting Services, L.L.C., for the Village Creek Reclaimed Water Eastern Delivery System Pump
Station No. 1, Located at the Village Creek Wastewater Treatment Plant, Thereby Revising the Total
Contract to $3,522,712.00.
10. M &C C -24676 - Authorize Amendment No. 4 in the Amount of $91,940.00 to City Secretary
Contract No. 37547 with Alan Plummer Associates, Inc., for the Design of the Village Creek
Reclaimed Water Delivery System.
The City Council Approved the Following Recommendation: Authorize the City Manager to Execute
Amendment No. 4 in the Amount of $91,940.00 to City Secretary Contract No. 37547 With Alan
Plummer Associates, Inc., for the Design of the Village Creek Reclaimed Water Delivery System
Thereby Increasing the Contract Cost to $3,008,899.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 10 of 32
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1799 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
A. General (Removed from the Consent Agenda for Individual Consideration)
1. M &C G -17163 - Approve the Appointment of Veronica Zerpa to the Capital Improvements
Advisory Committee for Transportation Impact Fees.
The City Council Approved the Following Recommendation: Appoint Ms. Veronica Zerpa, of the Fort
Worth City Plan Commission, to the Capital Improvements Advisory Committee for Transportation
Impact Fees to Replace Outgoing Committee Member Mr. Charles Edmonds, Jr., and Remove
Outgoing Committee Member Ms. Jacq Duncan.
Interim City Manager Higgins made following correction to Mayor and Council Communication No.
G- 17163:
Under the discussion, second paragraph, the current composition of the Capital Improvement Advisory
Committee should read: Robert Ruse Mohler.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G -17163 be approved as amended. The motion carried
unanimously nine (9) ayes to zero (0) nays.
D. Planning & Zoning (Removed from the Consent Agenda for Individual Consideration}
1. M &C PZ -2920 - Adopt an Ordinance Vacating a Portion of Saba Drive, Maui Drive, Thunder Bay
Drive and Granada Drive in Waterfront at Enchanted Bay.
The City Council Approved the Following Recommendation: Adopt Ordinance No. 19507 -01 -2011
Vacating and Extinguishing Portions of Saba Drive, Maui Drive, Thunder Bay Drive and Granada
Drive in Waterfront at Enchanted Bay, Situated in the David Strickland Survey Abstract No. 1376 in
the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; the
Retainment of Existing Utility Easements; and Waive Any and All Purchase Fee Value of the Vacated
Land in Accordance With City Policy (M &C G- 15624).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 11 of 32
(PZ -2920 Continued - Removed from the Consent Agenda for Individual Consideration)
Council Member Moss advised that the residents of Enchanted Bay had been working very hard to
vacate the streets within this area so they could put up a gate. He stated the gate would make the
neighborhood much safer and cut down on the traffic that was traveling through that particular
neighborhood.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. PZ -2920 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation of Proclamation for North Texas Aviation a to is Celebration
Council Member Zimmerman presented a Proclamation for the North Texas Aviation Centennial
Celebration to Mr. Jim Hodgson, North Texas Aviation Centennial Committee and Captain T.D.
Smyers, Commander of the Naval Air Station /Joint Base Reserve Base/Fort Worth. He stated that
powered flight began in 1911 in Fort Worth when Roland Garros and his exhibition team performed at
the Great Fort Worth Aviation Meet, in addition to Cal Rodgers' landing in Ryan's Pasture (now the
Ryan Place neighborhood) during his epic flight from New York to California. He advised that 2011
was the 100th anniversary of United States Naval Aviation and in 1941, the Naval Air Station Dallas
was established, which made 2011 the 70th anniversary of naval aviation in North Texas. He further
stated that in 1927, Texas Air Transport was founded at Meacham Field by Temple Bowen, which two
(2) years later was merged into Southern Air Transport and in 1930 became part of the American
Airways System (now American Airlines) which was headquartered in Fort Worth. He stated that
thousands of employees and citizens proudly contributed to the City's commercial development and
growth. He further advised in 1941, North Texas became a major center for aircraft manufacturing in
the United States and added that many of these facilities remained the nucleus of our continued growth
in technology, aviation, and space related endeavors. He also pointed out that in commemoration of the
Centennial there would be a year -long celebration of our rich aviation heritage, its economic impact on
Fort Worth and our worldwide contributions to aviation and commerce.
Mr. Hodgson and Captain Smyers both expressed appreciation to the Council for the proclamation and
recognition. They invited everyone to attend a celebration April 16 -17, 2011, at the Naval Air
Station /Joint Base Reserve Base/Fort Worth, of the United States Navy and Marine Corps 100 years of
Naval Aviation.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 12 of 32
Council Member Burns, presented Certificates of Recognition to the following former Board and
Commission members:
Ms. Regina Blair, for her service on the Art Commission and the Capital Improvements Plan Advisory
Committee from May 31, 2005, through December 13, 2010.
Ms. Sherley Spears, for her service on the Building Standards Commission from March 25, 2008,
through November 9, 2010.
Mr. Charles Edmonds, Jr., for his service on the City Plan Commission and the Capital Improvements
Advisory Committee for Transportation Impact Fees from January 21, 2003, through
November 9, 2010.
Ms. Venita McFadden, for her service on the Community Development Council from
September 25, 2007, through November 9, 2010.
Mr. Doyle Willis, Jr., for his service on the Historic and Cultural Landmarks Commission from
April 22, 2003, through December 7, 2010.
Mr. Jim Austin, for his service on the Tarrant County 9 -1 -1 Emergency Assistance District Board from
July 15, 1997, through December 7, 2010.
Mr. Austin expressed appreciation for the Certificate and invited everyone to attend a concert
celebrating the 10 -year anniversary of the National Multicultural Western Heritage Museum on
January 21, 2011, at 7:30 p.m. at Casa Manana, located at 3101 West Lancaster. He introduced Mr.
George Huff who was an American Idol contestant in 2004 and he advised that Mr. Huff would be
performing at the celebration.
Mr. Huff sang a verse from the song entitled, "What a Wonderful World ", first recorded by Louis
Armstrong in 1968.
Council Member Burns advised that the following individuals were unable to attend the meeting to
receive a Certificate of Recognition:
Mr. Larry Grider, for his service on the Appeals Board from June 24, 2003, through
November 9, 2010.
Mr. Jeff Hughes, for his service on the Board of Adjustment — Commercial and the Fort Worth
Alliance Airport Board of Adjustment from November 11, 2008, through October 1, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 13 of 32
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1. Upcoming a nd Recent Events
Mayor Moncrief announced the Texas Christian University (TCU) Football team's victory of the
University of Wisconsin in the Rose Bowl on January 1, 2011. He stated that TCU showed that they
could play football against universities of any size and added that the Horned Frogs won the game the
"Fort Worth Way ", with class. He also pointed out that the University of Wisconsin Mayor, fans,
players, and coaching staff were a "class act" and congratulated the TCU fans on their victory. He
advised that the Mayor of Wisconsin would be wearing a TCU hat and jersey at their first Council
meeting of 2011 and would send a Trek bicycle in order to honor their pre - established friendly wager.
Council Member Moss announced that a meeting regarding the revisions in the Stop Six /Sunrise
Model Block Plan would be held on January 5, 2011, from 6:00 p.m. to 7:30 p.m. at the Tarrant
County College (TCC) Opportunity Center, located at 5901 Fitzhugh Avenue. He also announced a
meeting would be held regarding the funding and improvements on East Rosedale from Loop 820 to
Miller Avenue on January 6, 2011, from 9:00 a.m., to 11:00 a.m., at the TCC Opportunity Center.
Council Member Scarth announced that the Western Heritage Celebration would be held on
January 15, 2011, from noon to 4:00 p.m., at Two City Place Garage, located at Belknap Street and
Taylor Street. He stated the free family event would feature singing and dancing, chuck wagon
cooking and a walk through history. He also stated that Judge Steve M. King would present the
Western Heritage Trail Boss Award and Mr. Quentin McGowen would receive the Fort Worth
Cowtown Legend Award.
Mayor Moncrief announced that plans were currently underway for a parade for TCU football team to
honor their victory over the University of Wisconsin. He stated many parties in the area were
interested in making donations and more information would be available in the future. He also
requested that the meeting be adjourned in memory of Officer Jillian Michelle Smith, City of
Arlington, who was killed in the line of duty on December 28, 2010, and in memory of Judge Tom
Vandergriff, former Mayor of Arlington, who passed away on December 30, 2010.
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
a.
There were no changes in Membership on Boards and Commissions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 14 of 32
2. Council Proposal . 283 m Short Term Loan to the Fort Worth Air and Space Mus e um
Foundation for a Temporary Exhibition
Council Member Zimmerman advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
City Secretary Hendrix clarified that the number of this Council Proposal would be corrected to
Council Proposal No. 284.
Council Member Jordan provided a brief overview of Council Proposal No. 284 and stated that since
this was a Council Proposal, the rules required two (2) readings before the City Council. However,
he stated he would make a motion to ask that the rules be suspended, so Council could take action on
the proposal today.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, to suspend
the rules. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1)
abstention by Council Member Zimmerman.
The following individuals appeared before Council in opposition to Council Proposal No. 284 and
stated that other airport related capital improvement projects (CIP) were in need of funding, such as
renovation of a terminal, the downtown heliport and new hangars. They further stated that they were
not opposed to the Aviation Museum but were opposed to using airport funds that may be needed for
other planned projects. They added that conservation of the gas well revenues on airport property
needed to be preserved for future use. They also stated that the Federal Aviation Administration (FAA)
had ruled against using airport funds for this type of private project. They requested that an ordinance
be put in place to restrict the use of the aviation funds to CIP projects, similar to the restriction on gas
well revenue.
Mr. Randell Means, 1941 Berkeley Place
Mr. Richard Fahy, 2571 Waits Avenue
Ms. Charlene Sanders, Assistant City Attorney, clarified that the loan was from the General Fund not
the Aviation Fund, therefore the FAA ruling did not apply.
Mayor Pro tem Scarth requested clarification of whether this item was a loan.
Mr. Fernando Costa, Assistant City Manager, clarified that this was a General Fund loan and the funds
would be returned to the General Fund for allocation once appropriated.
Council Member Espino advised that the fiscal notation in the Council Proposal clearly spelled out that
this was a loan and the funds would be repaid and advised he would support this item.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Council Proposal No. 284 be approved. The motion carried unanimously eight (8) ayes to
zero (0) nays, with one (1) abstention by Council Member Zimmerman.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 15 of 32
3. Presentation of Proclamation for Martin Luther King, Jr. Day
Council Member Hicks presented a Proclamation for Martin Luther King, Jr. Day to Mr. Kenneth
Alexander, IT Solutions Department and Martin Luther King, Jr. Day /Juneteenth Committee Member.
She stated that Dr. Martin Luther King, Jr. was a drum major for social justice, fighting inequity
wherever he encountered it. She further stated that Dr. Martin Luther King, Jr. believed that "a nation
that continues year after year to spend more money on military defense than on programs of social
uplift is approaching spiritual death." She pointed out that the City of Fort Worth's Dr. Martin Luther
King, Jr., Holiday Celebration had become an event that attracted not only City employees, but also
senior residents, students and the community at- large. She advised that Mr. Andre Johnson, Special
Projects Manager for Project W.I.S.H, would serve as the Keynote Speaker at the City's 26th Annual
Dr. Martin Luther King, Jr., Holiday Celebration.
PRESENTATIONS AND/OR c BOARDS,
AND/OR
There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL RESOLUTIONS
1. A Resolution Rearmointin2 and Armointin2 Members to the Fort Worth Trans rtation
Authorily Executive Committee. (' ntinued from ece er
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Resolution No. 3959 -01 -2011 be adopted and that the following individuals be appointed
and reappointed to the Fort Worth Transportation Authority Executive Committee for a
term of one (1) year from October 1, 2010, to September 30, 2011. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Appointments
Mr. Jesse P. Martinez, Place 6
Ms. Janet Saltsgiver, Place 8
ReaDDointments
Ms. Rosa Navej ar, Place 2
Mr. Gary Havener, Place 3
Mr. Gary Cumbie, Place 4
Ms. Reby Cary, Place 5
Mr. Robert L. Jameson, Place 7
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 16 of 32
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Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Resolution No. 3960 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
1. M&C G-17171 - Ad2pL Supplemental_ ApDropriation Ordinance for Fiscal Year 2011 for
Rollover Encumbrances.
The City Council Approved the Following Recommendation: Adopt a Supplemental Appropriation
Ordinance Increasing Appropriations by the Indicated Amounts in the Indicated Funds for Fiscal Year
2011 Encumbrance Rollovers and Designated Expenditures: General Fund by $11,168,282.00 From
Existing Encumbrance Reserves; Municipal Airports Fund by $153,413.00 and Decreasing the
Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount; Water and Sewer Fund
by $1,790,217.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the
Same Amount; Municipal Parking Fund by $136,402.00 and Decreasing the Unaudited, Unreserved,
Undesignated Retained Earnings by the Same Amount; Stormwater Utility Fund by $6,611,902.00 and
Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount; Capital
Projects Services Fund by $35,799.00 and Decreasing the Unaudited, Unreserved, Undesignated
Retained Earnings by the Same Amount; Equipment Services Fund by $170,958.00 and Decreasing the
Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount; Information Systems
Fund by $2,395,119.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings
by the Same Amount; Crime Control and Prevention District Fund by $3,408,955.00 From Existing
Encumbrance Reserves; Risk Management Fund by $2,000,000.00 and Decreasing the Unaudited,
Unreserved, Undesignated Retained Earnings by the Same Amount; and Federal Awarded Assets Fund
by $20,367.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the
Same Amount.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17171 be approved and Supplemental
Appropriation Ordinance No. 19508 -01 -2011 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 17 of 32
Alliance Fire Station 35 and Meacham Fire Station 44.
The City Council Approved the Following Recommendation: Suspend the Financial Management
Policy Statements That Limit the Expenditure of Gas Lease Revenue to One (1) Time Capital Items;
Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the
Airports Gas Lease Project Fund in the Amount of $3,000,000.00 From Available Funds, for the
Purpose of Transferring Said Funds to the General Fund for Partial Reimbursement of Aircraft Rescue
and Firefighting Services From Alliance Fire Station 35 and Meacham Fire Station 44; and Authorize
the Transfer From the Airports Gas Lease Project Fund to the General Fund.
Council Member Zimmerman requested to recuse himself from voting on this agenda item due to a
conflict, with the Council's approval. There were no objections received from the Council Members.
Mr. Richard Fahy, 2571 Waits Avenue, appeared before Council in opposition to Mayor and Council
Communication No. G -17172 and stated there were no statements made on how the loan would be
repaid and requested Council deny this item.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. G -17172 be approved and Appropriation Ordinance No.
19509 -01 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with (1) abstention by Council Member Zimmerman.
Lf
The City Council Approved the Following Recommendation: Authorize Payment for an Amount Up to
$2,126,723.42 for the City of Fort Worth's Assessed Pro Rata Allocation of the Tarrant Appraisal
District's 2011 Budget for the Months of January Through December 2011.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. G -17173 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 18 of 32
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 19 of 32
C. Purchase of Equipment, Materials, and Services
1. MSC P -11191 - Authorize a Purchase from Dell Marketing, L.P., for Storage Area Network
Hardware Professional Services Using the State of Texas Department of
,Software Licensing an
Information Resources Contract Number DIR-SDD-890, for an Initial Amount of $578,572.42.
The City Council Approved the Following Recommendation: Authorize a Purchase From Dell
Marketing, L.P., for Storage Area Network Hardware, Software Licensing and Professional Services
Using the State of Texas Department of Information Resources Contract Number DIR-SDD-890, for
an Initial Amount of $578,572.42.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. P -11191 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 20 of 32
Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24679 be approved and Appropriation
Ordinance No. 19513-01-2011 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
XV. ZONING HEARING
................................. ...........
(Continued from a Previous Meet
It appeared that the City Council, at its meeting of November 9, 2010, continued Zoning Docket No.
ZC-10-120, AutoZone, Inc., 4331 East Lancaster Avenue; from "MU-l" Low Intensity Mixed Use to
"PD/MU-l" Planned Development for all uses in "MU-l" Low Intensity Mixed use plus inventory
warehouse; site plan included. (Recommended for Denial) (Continued from a Previous Meeting)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 21 of 32
(ZC -10 -120 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in support of Zoning Docket
No. ZC -10 -120 and stated that the site plans for landscaping and the expansion building included
planting over 100 trees and along with expansion, a renovation of the existing building. He also stated
that AutoZone would provide funding for the installation of a public art project in the area. He also
advised that the new addition of the store inventory would bring in ten (10) additional jobs to the area.
He encouraged the Council to support expansion of the AutoZone store.
The following individuals appeared before Council in opposition to Zoning Docket No. ZC -10 -120 and
stated that the residents and business owners in the area did not support warehouses in the area of their
urban village. They stated that there was concern about additional pedestrian and truck traffic and
advised that a school was located in close proximity to the store. They stated the warehouse would ruin
the walkability of the urban village and pointed out that a similar business was located one block away.
They stated the benefit was to AutoZone and not the neighborhood.
Ms. Wanda Conlin, 1755 Martel Avenue
Ms. Deidra Norris, President, West Meadowbrook Neighborhood Association, 4309 Arden Place
Mayor Pro tem Scarth requested clarification relative to the recent "MU -l" Low Intensity Mixed Use
zoning change and whether representatives from the AutoZone's Corporate Offices protested the
change.
Mr. Schell advised that the corporations were notified but the zoning change was not protested.
Ms. Conlin also stated that in addition to the large neighborhood association meeting that was held, a
meeting was held for the business owners in the area and AutoZone was not present.
Mayor Pro tem Scarth requested clarification relative to the truck traffic in the area.
Mr. Schell stated that his client advised that one (1) 18 -wheel truck would deliver inventory per week
along with a small van that would deliver inventory between stores. He stated many of the inventory
pieces would also be shipped which would reduce traffic.
There was discussion relative to the location of Kenwood Court which backed up to the proposed
expansion.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 22 of 32
(ZC -10 -120 Continued)
Council Member Hicks confirmed that there were numerous business owners and residents at the
meeting held regarding the zoning change. She stated that even if the "MU -1" zoning change had not
been approved, the property owner would have had come before the Council because this item would
have been an industrial use. She advised that the property backed up to the historic Kenwood
Neighborhood. She stated there was already resident concern for the early morning noise relative to
when the project had originally begun before the rezoning request had been filed and City staff had to
go to the property and stop the project. She also advised that there was already a proliferation of auto
uses along East Lancaster. She stated this would not only be a store but also a storage facility and she
would support the requests by the residents and business owners to uphold the City Zoning
Commission recommendation for denial.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, to uphold the
City Zoning Commission recommendation and deny the rezoning request, Zoning Docket
ZC -10 -120. The motion carried unanimously nine (9) ayes to zero (0) nays.
2. Zoning Docket No. ZC -10 -133 - S. J. Thornhill Partnership, 12000 block of Trinity Boulevard;
from: "E" Neighborhood Commercial and "PD -778" Planned Development for
Townhouse /Cluster Residential with the following criteria: Masonry: all dwelling structures
located along and visible from the Texas Star Golf Course will have effectively 100% rear
masonry, and 90% masonry on the ground floor of all structures, excluding windows, doors and
small areas not designed or engineered for masonry; Fencing: will be constructed of tubular steel
fencing material and installed along the common property boundary lines contiguous with the
subiect property and Texas Star Golf Course. Fencing will not be less than 6 ft in height, and
shall be painted black and brown in accordance with customary industry standards; Minimum
Square Footage: dwelling units in the various structures (individual pods) will have a minimum
size of 1,250 sa. ft. of living area, excluding garage, porches, and patios, the 1,250 sa. ft. units will
be limited to a maximum of one such unit per lot, all other units will have a minimum size of
1,450 sa. ft of living area, excluding garage, porches, and patios; Garages: all dwelling units will
have two car, front entry garages, and Maximum Dwelling Units per Structure: no individual
dwelling units will exceed a maximum of six attached dwelling units; site plan waived to: Amend
"PD -778" to amend standards as indicated and to add additional property: Setback: To include
a minimum and maximum front yard setback of 10 to 30 feet, with the setback not to project;
site plan waiver recommended. (Recommended for Approval)
Mr. Charles Crook, 1506 West Pioneer Parkway, Arlington, Texas, completed a speaker card in
support of Zoning Docket No. ZC -10 -133, but did not wish to address the City Council.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC -10 -133 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 23 of 32
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that
Zoning Docket No. SP -10 -009 be approved as amended for an 8 ft. fence along the entire
western property line with masonry columns every 20 ft., and the allowance of parking
adjacent to the southern driveway as indicated on the site plan. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 24 of 32
(ZC -10 -180 Continued)
Council Member Espino requested Ms. Dana Burghdoff, Deputy Director, Planning and Development
Department, clarify which property would be continued on this item.
Ms. Burghdoff clarified that the property located at 401 Ridgeview Circle would be continued to the
February 1, 2011, Council meeting.
Council Member Espino advised that he would meet with residents and the property owner to address
concerns over the annexation.
Mr. Jeff Traylor, 650 McMakin Road, Bartonville, Texas, appeared before Council in support of
Zoning Docket No. ZC -10 -180 and advised he was the owner of the property located at 401 Ridgeview
Circle. He stated the trailers would be removed from the low fenced commercial property and signed
leases were in place for the construction of the buildings on the property and requested the Council
approve the item.
Council Member Espino directed Mr. Traylor to the Council District 2 Aide, Belinda Norris, to
schedule a meeting with him and the area residents regarding the concerns relative to uses of the
property on the residential streets. He also advised that when a property was annexed by the City, the
rights on the property were grandfathered. He stated no action would be taken on this property and it
would be continued to the February 1, 2011, Council meeting.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning
Docket No. ZC -10 -180 be approved as amended to A -10 single - family for 11545, 11555,
11565, 11575, 11585 Alta Vista and 401 Ridgeview Circle be continued until the
February 1, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero
(0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 25 of 32
(ZC -10 -184 Continued)
It appeared that the City Council at its meeting of December 7, 2010, continued Zoning Docket ZC -10-
184, An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No.
13896, as amended, codified as Appendix "A" of the Code of the Fort Worth, to amend: Various
sections of the Near Southside Development Standards and Guidelines as provided by Section 4.909d,
"Other Development Standards" of Chapter 4, "District Regulations" of Article 9, "Commercial
Districts" to revise criteria of Significant Trees and methods of mitigation for removal; to further
promote desirable development and to correct inconsistencies; To amend the regulations for building
height and projecting signs; To clarify the application of roof slope standards; To provide additional
regulations for "N" Zones; To correct references for established and projecting yards. (Recommended
for Approval)
Mr. Mike Brennan, 1109 Mistletoe Drive, completed a speaker card in support of Zoning Docket No.
ZC -10 -184, but did not wish to address the City Council.
There being no one else present desiring to be heard in connection with the Text Amendment, Council
Member Hicks made a motion, seconded by Council Member Burns, that Zoning Docket No.
ZC -10 -184 be approved, and the following ordinance be adopted:
ORDINANCE NO. 19514 -01 -2011
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE FORT WORTH, TO AMEND: VARIOUS SECTIONS OF THE NEAR SOUTHSIDE
DEVELOPMENT STANDARDS AND GUIDELINES AS PROVIDED BY SECTION 4.909D,
"OTHER DEVELOPMENT STANDARDS" OF CHAPTER 4, 'DISTRICT REGULATIONS" OF
ARTICLE 9, "COMMERCIAL DISTRICTS" TO REVISE CRITERIA OF SIGNIFICANT TREES
AND METHODS OF MITIGATION FOR REMOVAL; TO FURTHER PROMOTE DESIRABLE
DEVELOPMENT AND TO CORRECT INCONSISTENCIES; TO AMEND THE REGULATIONS
FOR BUILDING HEIGHT AND PROJECTING SIGNS; TO CLARIFY THE APPLICATION OF
ROOF SLOPE STANDARDS; TO PROVIDE ADDITIONAL REGULATIONS FOR "N" ZONES;
TO CORRECT REFERENCES FOR ESTABLISHED AND PROJECTING YARDS.
j, =21111111
Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC -10 -187 be continued until the January 25, 2011, Council meeting.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 26 of 32
Council Member Espino expressed appreciation to the Northside Neighborhood Association and
Planning and Development Department staff for their support on this Council initiated rezoning to
align the property with the Comprehensive Plan.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -188 be approved with appreciation to the Northside Neighborhood
Association. The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that
Zoning Docket No. ZC -10 -189 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 27 of 32
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 Burdette made a motion, seconded by
Council Member Burns, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19515 -01 -2011
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.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Council Member Burdette advised that he was recommending a revision to the recommendation
coming forward from the Zoning Commission and made following motion.
Main Motion: Council Member Burdette made a motion, seconded by Council Member
Jordan that Zoning Docket No. ZC -10 -191 be approved, and the
proposed ordinance be adopted with the following amendment:
Section 5.308. Docks, Piers and Boathouses
B. Size and Setback Limitations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 28 of 32
(ZC -10 -191 Continued)
1. One structure is permitted per property, and the maximum size of any
structure shall be as follows:
Shoreline Frontage
Maximum Structure Size
linear feet
(square feet
Up to 84 100 feet
1,000 square feet
8-� 101 feet or more
Linear feet of shoreline x 44 10
Not to exceed 2-,040 1,600 square feet
The area measured is to be the largest area at the end of a walkway.
The largest area may be either the outside corners of the structure of
the roofline if it has more than a two -foot overhang.
C. Enclosure and Storage.
1. Enclosed structures are prohibited. To protect a raised boat within a
structure from the elements, solid sides on the structure will be
permitted at a maximum of €eta -(4) two 2 feet measured downward
from the point where the ceiling joist meet the top plate. No
additional materials may be installed below the €eta (4) two 2 foot
sidewalls.
Council Member Burdette also explained that the lake was public property and the shorefront property
owners were building boat docks on the public lake. He advised that when the structures were built on
the lake that area became unusable to the public. He stated that it was his duty as an elected official to
represent both the shoreline property owners as well as the public who wished to use the lake.
The following individuals appeared in support of Zoning Docket No. ZC -10 -184 as recommended by
the City Zoning Commission. They stated they would not support the ordinance amendments proposed
by Council Member Burdette. They pointed out that the reduction of the side wall to two (2) feet
would not properly protect boats and other watercraft. They also stated that further restrictions to
development of shorefront property and boat docks would negatively impact their property values.
They advised that 1600 square feet for a boat dock was not large enough for a slip and an
entertainment area. They also advised that the water around the edge of the boat docks was too shallow
to be used by the public so the additional 400 square feet of boat dock space should not be an issue in
terms of public use. They requested Council approve the ordinance amendments as proposed by the
Zoning Commission.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 29 of 32
(ZC -10 -191 Continued)
Mr. Robert Crow, 8416 Blue Heron Court
Mr. Michael Dallas, 8437 Island View Drive
Mr. Art Rogers, 7801 Vinca Circle
Mr. Robert Downey, 7724 Lon Morris Court
Mr. Michael Barnard, 4237 Wells Drive
Ms. Deanne Kearney, 8401 Island View Drive
Mr. Brian Keller, 7504 Love Circle
Mr. John Godwin, 6425 Cahoba Drive
Mr. Glenn Sperry, 6505 Cahoba Drive
Mr. Ron Rhone, 9137 Watercress Drive
Mr. Dennis Leech, 9141 Watercress Drive
Mr. Frank Newman, Jr., 8244 Killdeer Circle
Ms. Christa Fincher, 7209 Plover Circle (displayed drawings of single and double slip docks)
Mr. Rayford Shelton, 7117 Plover Circle
Mr. Matt Burkett, 6825 Cahoba Court East
The following individuals spoke in support of Council Member Burdette's proposed amendments:
Ms. Gale Cupp, 9225 Heron Drive
Mr. Joe Waller, 2533 Castle Circle
Council Member Burdette reiterated that the lake was public property and when the structures were
built on the lake that area became unusable to the public. He stated the easements had been previously
undefined which was why the ordinance was being amended. He stated that it was his duty as an
elected official to represent both the shoreline property owners as well as the public who wish to use
the lake. He stated that staff had surveyed area lakes and most lakes did not allow boat docks larger
than 1,600 square feet to be constructed. He advised that he heard the requests of the property owners
and would revise his main motion.
Amendment to Main Motion: Council Member Burdette made a motion, seconded by Council
Member Zimmerman, that the main motion for Zoning Docket No.
ZC -10 -191 be amended with the maximum square footage of 1,600
square feet, with the right to seek an exception from the Board of
Appeals, the measurement by the shoreline multiplied by a factor of
15, and with four (4) foot sidewalls. The motion to amend the main
motion carried unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief called for the vote on the main motion as amended.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 30 of 32
(ZC -10 -191 Continued)
Vote on Main Motion: The Council voted eight (8) ayes to one (1) nay, with Council Member
Burns casting the dissenting vote. The motion carried.
Due to confusion on the part of members of the audience, there was further discussion by the Council
and clarification was given by Planning and Development Department staff.
Ms. Burghdoff clarified that the motion would be to close the public hearing, approve Zoning Docket
No. ZC -10 -191 and with the amendment as follows:
Section 5.308. Docks, Piers and Boathouses
B. Size and Setback Limitations.
I. One Structure is permitted per property, and the maximum size of any
Structure shall be as follows:
Shoreline Frontage
Maximum Structure Size
linear feet
(square feet
Up to 80 feet
1,000 square feet
81 feet or more
Linear feet of shoreline x 15
Not to exceed 1, 000 square feet
The area measured is to be the largest area at the end of a Walkway.
The largest area may be either the outside corners of the Structure or
the roofline if it has more than a two -foot overhang.
Based on the clarification provided by staff, Council Member Hicks requested that Zoning Docket No.
ZC -10 -191 be reconsidered.
Mayor Moncrief opened the floor for a motion to reconsider Zoning Docket No. ZC -10 -191.
Motion: Council Member Hicks made a motion, seconded by Council Member
Burdette, that Zoning Docket No. ZC -10 -191 be reconsidered. The
motion carried unanimously nine (9) ayes to zero (0) nays.
Final Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem
Scarth that the Zoning Hearing be closed, and Zoning Docket No.
ZC -10 -191 be approved with the following amendment and the
following ordinance be adopted:
Section 5.308. Docks, Piers and Boathouses
B. Size and Setback Limitations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 31 of 32
(ZC -10 -191 Continued)
One Structure is permitted per property, and the maximum size of
any Structure shall be as follows:
Shoreline Frontage
Maximum Structure Size
(linear feet)
(square feet)
Up to 80 feet
1,000 square feet
81 feet or more
Linear feet of shoreline x 15
Not to exceed 2-,040 1,600 square feet
The area measured is to be the largest area at the end of a Walkway. The largest area may be either the
outside corners of the Structure or the roofline if it has more than a two -foot overhang.
ORDINANCE NO. 19516 -01 -2011
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH, TO AMEND: ARTICLE 3, "ACCESSORY USES" OF
CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD A NEW SECTION, SECTION
5.308, 'DOCKS, PIERS, AND BOAT HOUSES "; TO REGULATE RESIDENTIAL DOCKS AND
BOAT HOUSES; AND TO AMEND CHAPTER 9, 'DEFINITIONS" TO ADD NEW DEFINITIONS
RELATED TO DOCKS, PIERS, AND BOAT HOUSES.
The motion carried unanimously nine (9) ayes to zero (0) nays.
XVI. CITIZEN PRESENTATIONS
1. Joe Don Brandon, I Bunk
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to the Women's Presbyterian
Night Shelter and stated that anyone could pay to rent a woman a bunk for $75.00 for two (2) months.
He encouraged those interested to contact Ms. Brenda Carter at 817 - 632 -7455 for more information.
He also stated he would be speaking on a number of items in the coming months. He also advised that
the riders on The "T" should not be allowed to have guide animals or motorized chairs without medical
proof of their need. He also displayed a photograph of a dog that allegedly attacked a person. He
displayed the men's shower at the Day Resource Center and stated it was filthy and he would not wash
his dog in the shower. He stated the shower was covered in mold and added that a doctor told him that
one of the main medical issues with the homeless were foot problems.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2011
PAGE 32 of 32
Other Citizens Presentations:
Mr. Joe Waller, 2533 Castle Circle, appeared before Council and expressed appreciation to the Council
for the Capital Improvement Program development in the Lake Worth area. He stated he appreciated
all of the different visions and views of the residents and business owners. He displayed a map of the
Lake Worth Vision Plan and stated the Lake Worth Alliance supported nice park areas and a dredged
lake. He stated that there was still work to be done in and around Lake Worth and advised he looked
forward to the future projects.
Mr. Mark Meeks, 5737 Blackmore Avenue, appeared before Council relative to driving a car without
insurance and suggested that the City "boot" and impound the cars of drivers without insurance as a
revenue source. He also requested that the teen curfew ordinance be amended and pushed back one (1)
hour. He stated that the west side of the City was experiencing crime issues and changing the teen
curfew would help alleviate some of the criminal activity.
Council Member Burdette suggested staff revisit the idea of impounding the vehicle of a non - insured
driver since the new auto impound was now open and the City would have space to store the
impounded vehicles.
Mr. Jeffery Davis, 2901 Altamere Drive, completed a citizen presentation card and was recognized by
Mayor Moncrief, but was not present in the Council Chamber.
XVIII. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:53 p.m., in memory of Michael Batts,
a junior at Paschal High School who was on his way to perform with the school band on
November 7, 2010, and sustained critical injuries in an accident; Mrs. Frances Jackson; who passed
away on November 8, 2010, and was a dedicated Code Blue Coordinator and citizen of Fort
Worth; Officer Jillian Smith, Arlington Police Department, who was killed in the line of duty on
December 28, 2010; and Judge Tom Vandergriff, former Mayor of Arlington who passed away on
December 30, 2010.
These minutes approved by the Fort Worth City Council on the 25h day of January, 2011.
Attest:
Marty H ndrix
City Secretary
Approved: