HomeMy WebLinkAbout2011/08/02-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
Present:
Mayor Betsy Price
Mayor Pro tem W. B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
I. CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of the
Fort Worth City Council to order at 7:01 p.m., on Tuesday, August 2, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m Council Member Est�ino
The invocation was provided by Council Member Espino.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 26 2a11
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
minutes of the regular meeting of July 26, 2011, be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
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There were no items to be withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 2 of 22
'• . 1 1 " '•
Interim City Manager Tom Higgins requested that Mayor and Council Communication No. C -25065
be withdrawn from consideration and replaced with Mayor and Council Communication No. C -25065
(Revised) and Mayor and Council Communication No. C -25066 be withdrawn from consideration and
replaced with Mayor and Council Communication No. C -25066 (Revised).
VII. CONSENT AGENDA
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes, to zero (0)
nays.
A. General - Consent Items
1. M &C G -17340 - Approve Findings of Ground Transportation Coordinator Regarding
Application of Global Limo Service, Inc., to Operate Two Limousines Within the City of Fort
Worth and Adopt Ordinance Granting Such Authority.
The City Council approved the following recommendation: Consider and Adopt the Following
Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require
the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; Global Limo
Service, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City;
Global Limo Service, Inc., has Complied With the Requirements of Chapter 34 of the City Code;
Global Limo Service, Inc., Presented Facts in Support of Compelling Demand and Necessity for Two
(2) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of
Two (2) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopt Ordinance No.
19812 -08 -2011 Granting the Privilege of Operating Authority to Global Limo Service, Inc., for the
Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine
Business, Which Shall Consist of the Operation of Two (2) Limousines, for a Three (3) Year Period
Beginning on the Effective Date, Subject to and Conditioned on Global Limo Service, Inc., Complying
With All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
Amended.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11274 - Authorize Purchase Agreement with Hewlett Packard Company and Hewlett
Packard Designated Resellers for Servers, Maintenance and Support Services, Using a State of
Texas Department of Information Resources Contract for the Information Technology Solutions
Department for an Amount of $100,000.00 for the First Year.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 3 of 22
(VII. CONSENT AGENDA Continued)
(P -11274 Continued)
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Hewlett Packard Company and Hewlett Packard Designated Resellers for Servers, Maintenance and
Support Services, Using State of Texas Department of Information Resources Contract Number
DIR -SDD -1364, for the Information Technology Solutions Department for an Amount of $100,000.00
for the First Year.
2. M &C P -11275 - Authorize Purchase Agreement with Flint Trading Inc., for Thermoplastic
Heat Activated Pavement Marking Tape Transportation and Public Works Department Using a
TxSmartBuy Contract for an Amount of $77,500.00 for the First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Flint Trading Inc., for Thermoplastic Heat Activated Pavement Marking Tape for the Transportation
and Public Works Department Using a TxSmartBuy Contract for an Amount of $77,500.00, for the
First Year.
D. Planning & Zoning - Consent Items
1. M &C PZ -2947 - Authorize Initiation of Rezoning for Certain Properties in the
Berry/University Urban Village in Accordance with the Comprehensive Plan.
The City Council approved the following recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes in the Berry/University Urban Village, From "MU -1" Low Intensity Mixed -
Use to "MU -2" High Intensity Mixed -Use, in Accordance With the Comprehensive Plan.
2. M &C PZ -2948 - Authorize Initiation of Rezoning for Certain Properties in the Mitchell
Boulevard Neighborhood in Accordance with the Comprehensive Plan.
The City Council approved the following recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes in the Mitchell Boulevard Neighborhood, From "A -5 One - Family, "B" Two -
Family, "R1" Zero -Lot Line /Cluster, "C" Multifamily, "CF" Community Facilities, "E" Neighborhood
Commercial, "FR" General Commercial Restricted, and "PD" Planned Development to "A -5 One -
Family, "B" Two - Family, "R1" Zero -Lot Line /Cluster, "CF" Community Facilities, "ER"
Neighborhood Commercial Restricted and "E" Neighborhood Commercial With Historical Overlap to
be Retained, in Accordance With the Comprehensive Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 4 of 22
(VII. CONSENT AGENDA Continued)
E. Award of Contract - Consent Items
1. M &C C -25079 - Authorize Execution of an Easement Encroachment Agreement with the Pulte
Group for the Construction of an Entry Feature and Screening Wall Over a Twenty Foot Water
Facility Easement at 7295 North Freeway.
The City Council approved the following recommendation: Authorize the City Manager to Execute an
Easement Encroachment Agreement With the Pulte Group for the Construction of an Entry Feature
and Screening Wall Over a 20 -Foot Water Facility Easement at 7295 North Freeway.
2. M &C C -25080 - Authorize Execution of an Engineering Services Agreement in the Amount of
$587,076.00 with Teague Nall and Perkins, Inc., for the Design of Old Denton Road from Golden
Triangle Boulevard to Heritage Trace Parkway and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
19813 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Transportation Impact
Fund in the Amount of $587,076.00, From Available Funds, for the Design of Old Denton Road From
Golden Triangle Boulevard to Heritage Trace Parkway; and Authorize Execution of an Engineering
Services Agreement With Teague Nall and Perkins, Inc., for the Project.
3. M &C C -25081 - Authorize Execution of an Interlocal Agreement with Tarrant County and
Acceptance of $100,000.00 as County Funding Participation for the Installation of a Traffic
Signal at the Intersection of US 287 Northbound Frontage Road and Avondale Haslet Road and
Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize an Interlocal Agreement With
Tarrant County in the Amount of $100,000.00 as Their Funding Participation for the Installation of a
Traffic Signal at the Intersection of US 287 Northbound Frontage Road and Avondale Haslet Road;
and Adopt Appropriation Ordinance No. 19814 -08 -2011 Increasing the Estimated Receipts and
Appropriations in the Street Improvements 2008 Fund, From Available Funds, for the Purpose of
Funding the Installation of the Traffic Signal.
4. M &C C -25082 - Authorize Agreement for Sexual Assault Medical Examination Services with
the Tarrant County Hospital District at John Peter Smith Hospital Reimbursed by the Texas
Crime Victim's Compensation Fund in an Amount Not to Exceed $392,000.00 for Two Years and
Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 5 of 22
(VII. CONSENT AGENDA Continued)
(C -25082 Continued)
The City Council approved the following recommendation: Authorize an Agreement for Sexual
Assault Medical Examination Services With the Tarrant County Hospital District at John Peter Smith
Hospital; Authorize the Agreement to Begin October 1, 2011, and Expire September 30, 2013;
Authorize This Agreement to be Renewed for Up to Four (4) Successive Two (2) Year Periods. This
Action Does Not Require Specific City Council Approval Provided That the City Council has
Appropriated Sufficient Funds to Satisfy the City's Obligation During any Renewal Terms; and Adopt
Appropriation Ordinance No. 19815 -08 -2011 Increasing the Estimated Receipts and Appropriations in
the Grants Fund in the Amount of $1,960,000.00 ($392,000.00 Per Two (2) -Year Period for Ten (10)
Years, Subject to Receipt of Funds From Texas Crime Victim's Compensation Fund, for the Purpose
of Funding the Examination Services at the Hospital.
5. M &C C -25083 - Authorize Mutual Aid Agreement with the City of Houston to Respond to
Requests for Assistance with Protection of Life and Property in the Event of a Disaster or Civil
Emergency.
The City Council approved the following recommendation: Authorize the Execution of a Mutual Aid
Agreement With the City of Houston to Respond to Requests for Assistance With Protection of Life
and Property in the Event of a Disaster or Civil Emergency.
6. M &C C -25084 - Authorize Execution of a Contract in the Amount of $793,407.50 with
Conatser Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2004,
WSM -M on Bellaire Circle, East Terrell Avenue, Fair Park Boulevard and Reba Court and
Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of $876,087.50
From the Water and Sewer Operating Fund in the Amounts of $553,805.00 to the Water Capital
Projects Fund and $322,282.50 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance
No. 19816 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding
Water and Sanitary Sewer Replacement Contract 2004, WSM -M; and Authorize the City Manager to
Execute a Contract With Conatser Construction TX, LP, in the Amount of $793,407.50 for Sanitary
Sewer Replacement Contract 2004, WSM -M on Bellaire Circle, From Somerset Lane to Ranch View
Drive; East Terrell Avenue, From Tennessee Avenue to UP Railroad Right of Way; Fair Park
Boulevard, From East Seminary Drive to Sahara Place; and Reba Court, From Fair Park Boulevard to
Dead End.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 6 of 22
(VII. CONSENT AGENDA Continued)
7. M &C C -25085 - Authorize Execution of a Contract in the Amount of $976,600.00 with M.E.
Burns Construction, Inc., for Water and Sanitary Sewer Replacements Contract, 2009 WSM -F
on Bluebonnet Drive, Dalford Street, Goldenrod Avenue, Highcrest Avenue and Westbrook
Avenue and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of $1,069,416.00
From the Water and Sewer Operating Fund in the Amounts of $686,290.00 to the Water Capital
Projects Fund and $383,126.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance
No. 19817 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of
Funding Water and Sanitary Sewer Replacement Contract 2009, WSM -F; and Authorize Execution of
a Contract With the Lowest Responsive and Responsible Bidder, M.E. Burns Construction, Inc., in the
Amount of $976,600.00 for Water and Sanitary Sewer Replacement Contract 2009, WSM -F on
Bluebonnet Drive, From Daisey Lane to Goldenrod Avenue; Dalford Street, From Westbrook Avenue
to N. Sylvania Avenue; Goldenrod Avenue, From Bluebonnet Drive to Chandler Avenue; Highcrest
Avenue, From Braswell Drive to Crabtree Street; and Westbrook Avenue, From Dalford Street to N.
Sylvania Avenue.
8. M &C C -25086 - Authorize Execution of an Engineering Agreement in the Amount of
$159,793.00 with MWH Americas, Inc., for Water and Sewer Replacement Contract 2009,
WSM -J on Meadowbrook Drive and Sycamore Terrace and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of $176,793.00
From the Water and Sewer Operating Fund in the Amounts of $126,051.00 to the Water Capital
Projects Fund and $50,742.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No.
19818 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects
Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Executing a
Contract With MWH Americas, Inc., for Water and Sewer Replacement Contract 2009, WSM -J; and
Authorize Execution of the Contract in the Amount of $159,793.00, for Water and Sewer Replacement
on Meadowbrook Drive and Sycamore Terrace.
9. M &C C -25087 - Authorize Execution of Change Order No. 2 to City Secretary Contract No.
40827 with Henneberger Construction, Inc., in the Amount of $55,915.80 for Additional Park
Improvements at Parkwood Hills and Anderson Campbell Reserve Parks.
The City Council approved the following recommendation: Authorize the Execution of Change Order
No. 2 to City Secretary Contract No. 40827 With Henneberger Construction, Inc., in the Amount of
$55,915.80 for Additional Park Improvements at Parkwood Hills and Anderson Campbell Reserve
Parks.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 7 of 22
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S -1821 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS. INTRODUCTIONS. ETC.
Mr. Bo Soderbergh, Executive Director of Tarrant Area Food Bank expressed appreciation to the City
Council and the City employees for their continued support of the food bank. He stated that the Tarrant
Area Food Bank was the distribution hub of a 13- county network of hunger - relief charities and social
services centers. He pointed out that as a central clearinghouse for donated food and groceries, the
Food Bank received fresh, frozen and nonperishable food donated by the food industry and the
community. He added that in the next several weeks, City employees would conduct fundraisers to
help the Tarrant Area Food Bank collect food or donations to help with this worthy cause. He stated
that last year, City employees collected more than 13,000 pounds of food and raised more than
$42,000.00, making the 2010 drive one (1) of the largest benefiting the Tarrant Area Food Bank.
Mayor Price expressed appreciation to the City employees and the community for their support of the
food bank and stated it was an important community service center. She challenged the City employees
to break their record from last year and stated a friendly competition with the Tarrant County
employees might be in order.
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Council Member Jordan announced that the Ribbon Cutting Ceremony for the new Southwest
Regional Courthouse was held on July 30, 2011. He pointed out that the facility would service all of
south and west Fort Worth and would include offices for employees of the Code Compliance
Department and the Water Department and would also provide an additional location for residents to
pay water bills and citations. He expressed appreciation to City staff for their assistance on the project
and stated this was a way to bring City Hall to the citizens.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 8 of 22
(XIV. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
Mayor Price also expressed appreciation to everyone involved in the project and stated this was a
wonderful new facility that could be used by all citizens.
Council Member Hicks announced that she and Council Member Jordan attended the Sister Cities
International Leadership Academy Closing Ceremony at Texas Christian University on July 30, 2011,
and stated it was a wonderful event. She also announced that a Neighborhood University Class would
be held on August 6, 2011, from 9:00 a.m. to 12:00 p.m. at the Hazel Harvey Peace Center for
Neighborhoods, located at 818 Missouri Avenue. She stated the class would focus on planning
successful community events, social media, Code Compliance and the zoning process. She added that
all citizens were welcome and for more information to contact (817) 392 -6201. She also announced
that a Library Master Planning meeting in District 8 would be held on August 15, 2011, from 6:30 p.m.
to 8:30 p.m. at the Highland Hills Community Center. She further announced that the Fort Worth
Police Department was hosting a Diversity Forum on August 18, 2011, at 7:00 p.m. also at the Hazel
Harvey Peace Center for Neighborhoods.
Council Member Shingleton stated a Library Master Planning meeting would be held in District 7 on
August 3, 2011, at 6:30 p.m. at the Northwest Branch Library. He also announced that the Veteran's
Voice Town Hall meeting for Tarrant County veterans and their families would be held on
August 25, 2011, from 6:00 p.m. to 8:00 p.m. at the University of North Texas Health Sciences Center.
He stated that the event would give the veterans and their families a method of finding out what
facilities and benefits were available to them. He pointed out Senator Wendy Davis and Judge Brent
Carr would be in attendance and a 42 -inch television would also be raffled at the event.
2. Recognition of Citizens
Council Member Shingleton presented Mr. Samuel Anderson with a Certificate of Recognition for the
heroic actions he took which prevented a car jacking at the 7 -11 Store on Horne Street. He stated that
on July 9, 2011, while filling his car with gas, Mr. Anderson noticed an individual attempting to steal
the car in front of him at gun point. He stated that Mr. Anderson broke the passenger window and was
able to grab the semi - automatic handgun from the passenger seat where the suspect had placed it in an
effort to start the car. He further stated that the suspect then ran from the car and Mr. Anderson bravely
followed and tackled the suspect, keeping him detained until police officers arrived and were able to
take him into custody.
Mayor Price expressed appreciation to Mr. Anderson and stated that his actions made Fort Worth a
safer place to live.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 9 of 22
XIIL ZONING HEARING
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
1
jAborhood Phase 3, 2423 Clinton Avenue from: "F" General Commercial to: "E"
t
This item was continued from the July 12, 2011, Council meeting.
Mr. Christopher Bonilla, representing the applicant, 8540 Charleston Avenue, completed a speaker
card in support of Zoning Docket No. ZC- 11 -006A, but did not wish to address the Council.
Council Member Scarth requested clarification on if the zoning was being amended to rezone the
property to "ER" Neighborhood Commercial Restricted.
Council Member Espino clarified that the Northside Neighborhood Association requested the ER"
Neighborhood Commercial Restricted designation to ensure if the property was vacant for more than
two (2) years or was destroyed by more than 75 %, then a future convenient store with alcohol sales
would not be permitted unless a zoning change was requested.
Council Member Hicks requested clarification regarding whether drive -thru stores were permitted
under the "E" Neighborhood Commercial designation.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and clarified that this use was permitted under the "E" Neighborhood Commercial
designation.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that
Zoning Docket No. ZC- 11 -006A be approved as amended with the "ER" Neighborhood
Commerical designation. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 10 of 22
2. Zoning Doc et No. SP-10-008 - Champions Ant Sales Co. 2004-2024 JaL y
ksboro Highwa - Site
,
plan amendment to PD- 821 to add additionaLMArking_ for vehicle sales. (Rec mme d for
Denial) (Continued from a Previous
This item was continued from the July 12, 2011, Council meeting.
Mr. Christopher Bonilla, representing the applicant, 8540 Charleston Avenue, appeared before Council
in support of Zoning Docket No. SP-10-008 and stated the reason for the site plan was that a parking
lot was poured that was never approved by the City. He stated that the applicant relied on the
contractor to secure the proper permits required and pointed out that the error was not recognized until
the parking lot was complete. He further stated that the applicant had accepted full responsibility for
the error and had met with the adjacent property owner and the Northside Neighborhood Association.
He stated the Northside Neighborhood Association requested the site plan be amended and the
applicant remove 30 to 50 percent of the parking lot. He pointed out that the applicant was presenting
an amended site plan which removed 40 percent of the current parking lot. He stated the adjacent
property owner requested that the applicant place a 30-foot buffer zone adjacent to Jacksboro
Highway, plant trees throughout the buffer zone, the trees be a minimum of two and a half (2.5) to
three (3) inch caliper in size. He stated that all requests have been honored and were reflected on the
amended site plan. He stated that the applicant would be planting additional trees above and beyond
what was required by the Urban Forestry Department.
The following individuals appeared before Council in opposition to Zoning Docket No. SP -10 -008 and
stated that this was an example of begging for forgiveness before asking permission. They stated that
the traffic, aesthetics, water run-off and loss of green space was unacceptable and was a significant
deviation from the approved site plan. They requested this item be denied and the applicant forced to
return the property back to the original state in compliance with the original site plan.
Mr. Dwayne Hitt, 1701 River Run Road, Suite 1015
Mr. Rick Morales, 2800 Pearl Street
Ms. Sonia Figueroa, 2510 Columbus Avenue
Mr. Armando Mendoza, 2404 Lincoln Avenue
The following individuals completed speaker cards in opposition to Zoning Docket No. SP -10 -008 and
were recognized by Mayor Price but were not present in the Council Chamber.
Mr. Phillip Garcia, 2716 N.W. 21st Street
Mr. Sammy Garcia, 2812 N.W. 21st Street
Ms. Elizabeth Alvarez, 2324 Columbus Avenue
Council Member Espino stated that he felt this was an honest mistake made by the contractor and the
applicant and also a difference of opinion relative to the business competitors in the area. He stated that
the applicant had made good faith efforts to meet with neighbors and property owners on an acceptable
compromise which was detailed in the revised site plan that was presented.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 11 of 22
(SP -10 -008 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning
Docket No. SP -10 -008 be approved as amended with the revised site plan as presented. The
motion carried unanimously nine (9) ayes to zero (0) nays.
1 1
Denial Commercial plus auto detailing shop; si
This item was continued from the July 12, 2011, Council meeting.
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC -11 -025 be denied without prejudice. The motion carried unanimously nine
(9) ayes to zero (0) nays.
1� 1
I I.
t, "A-7.5" One-Fatni13:. (Recommended for
Approval)
This item was continued from the July 12, 2011, Council meeting.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC- 11 -041A be continued until the August 9, 2011, Council meeting. The
motion carried unanimously nine (9) ayes to zero (0) nays.
This item was continued from the July 12, 2011, Council meeting.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that
Zoning Docket No. SP -11 -003 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official
newspaper of the City of Fort Worth, on July 18, 2011.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 12 of 22
1.
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning
Docket No. ZC -11 -044 be continued until the August 16, 2011, Council meeting. The
motion carried unanimously nine (9) ayes to zero (0) nays.
1 c c
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -11 -046 be approved as amended. The motion carried unanimously
nine (9) ayes to zero (0) nays.
� t �
Council Member Jordan stated that he and his family were members at the McKinney Memorial Bible
Church and had been advised by the City Attorney that there was no conflict of interest relative to this
item. He stated that in the interest of caution he would recuse himself from the vote.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC -11 -048 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays and one (1) abstention by Council Member Jordan.
1.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -11 -050 be continued until the September 13, 2011, Council meeting.
The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that
Zoning Docket No. ZC -11 -051 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 13 of 22
1� 1
for wastewater treatment and
_!,1W.waiyer recommended.
(Recommended for Approval)
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Zoning
Docket No. ZC -11 -053 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
,,,,,,,,,,
1
Council Member Burns reiterated that he would make a motion to continue Zoning Docket No.
ZC -11 -054 to the September 13, 2011, Council meeting. He stated that those citizens present at the
meeting would be allowed to speak on the item. He also stated that he would be tentatively scheduling
a meeting for August 13, 2011, with the neighborhood associations, property owners and Old Rip's to
see if a compromise could be achieved prior to the September 13, 2011, Council meeting.
The following individuals appeared before Council in support of Zoning Docket No. ZC -11 -054 and
stated that they welcomed the opportunity to discuss a compromise with the neighborhood association
and the adjacent property owners. They also advised that many of the individuals in opposition to this
item had never attended any of the meetings that were held to discuss this item. They stated that the
opposition had reported numerous noisy tent parties when the venue had only hosted one (1) tent party
in two (2) years and had since sold the tent and would not be hosting anymore tent parties. They also
stated that the parking lots would be safer than the street parking and would deter crime and vandalism.
They stated that the meeting suggested by Council Member Burns would be a welcomed opportunity
to visit with everyone and possibly work out a compromise.
Mr. Clarke Barcus, 3113 South University Drive, Suite 440
Mr. Zachary Brown, 6615 Sabrosa Court East
The following individuals completed speaker cards in support of Zoning Docket No. ZC -11 -054 and
were recognized by Mayor Price but were not present in the Council Chamber.
Mr. Charles Mencke, 612 Sunrise Court
Mr. Thomas Torlincasi, 1020 Duane Street
The following individuals appeared before Council in opposition of Zoning Docket No. ZC -11 -054
and stated the Bluebonnet Place and Bluebonnet Hills Neighborhood Associations strongly opposed to
this item. They also stated that misinformation was provided to individuals in opposition stating a
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 14 of 22
(ZC -11 -054 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 15 of 22
ORDINANCE NO. 19819 -08 -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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 16 of 22
XIV. REPORT OF THE CITY MANAGER
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The recommendation was that the City Council Institute the Annexation and Adopt an Ordinance
Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 15.4 Acre Tract of Land Situated in the F.
Heath Survey, Abstract Number 641, Situated About 9.1 Miles South 30 Degrees West of the
Courthouse, Tarrant County, Texas (Case No. AX -11 -010) Which Said Territory Lies Adjacent to and
Adjoins the Present Corporate Boundary Limits of Fort Worth, Texas; Providing That the Territory
Annexed Shall Bear its Pro Rata Part of Taxes; Providing That the Inhabitants Thereof Shall Have All
the Privileges of All the Citizens of Fort Worth, Texas.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. PZ -2949 be approved and Ordinance No.
19820 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
................
The recommendation was that the City Council Adopt an Ordinance Declaring Certain Findings;
Providing for the Retraction of Certain Boundary Limits of the City of Fort Worth; Providing for the
Disannexation of an Approximately 0.6 Acre Tract of Land Located on Avondale - Haslet Road, West
of Farm to Market Road 156 and East of Boaz Road and Situated in the Coleman Boyd Survey,
Abstract 225, Situated About 14.7 Miles North 7 Degrees West of the Courthouse, Tarrant County,
Texas (Case No. DAX -11 -006) Which Said Territory Lies Within the Present Corporate Boundary
Limits of Fort Worth, Texas; Providing That the Territory Disannexed Shall Not Bear its Pro Rata Part
of Taxes; Providing That the Inhabitants Thereof Shall No Longer be Citizens of Fort Worth, Texas.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. PZ -2950 be approved and Ordinance No.
19821 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 17 of 22
3. M&C PZ-2951 - Adopt Resolution Amending the Cit y's Three-Year Annexation a to Add
an A proximately 64.3 -Acre Tract of Land Located West of US 377 and South of Wall Price
Feller Road.
The recommendation was that the City Council Approve a Resolution Amending the City of Fort
Worth's Three (3) -Year Annexation Plan to Add an Approximately 64.3 Acre Tract of Land Located
West of US 377 and South of Wall Price Keller Road Out of the John Edmonds Survey Including the
Deerfield Addition Subdivision, in Tarrant County to the Plan.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that
Mayor and Council Communication No. PZ -2951 be approved and Resolution No.
4013 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
F. Award of Contract
The recommendation was that the City Council Adopt a Resolution Authorizing the Execution of a
Local Project Advance Funding Agreement With the Texas Department of Transportation (TxDOT) in
the Amount of $4,692,090.00 With City Participation of $2,572,090.00 for the Design and
Construction of the West Rosedale Retrofit Project Between 8th Avenue and South Main Street;
Authorize Acceptance of Contribution in the Amount of $2,100,000.00 From Special Assessment
District Fund, TIF District No. 4, to the Grant Capital Projects Fund; Authorize the Transfer of
$472,090.00 From the 2007 Critical Capital Projects Fund to the Grant Capital Projects Fund; Adopt
an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grant Capital
Projects Fund, From Available Funds, for the Purpose of Funding the Project; and Authorize Initial
Payment to TxDOT in the Amount of $25,590.00 for Design Review in Accordance to the Agreement.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -25040 be approved and Resolution No. 4014 -08 -2011
and Appropriation Ordinance No. 19822 -08 -2011 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 18 of 22
2. M&C C-25065 - Authorize xec ti an Agreement r Acce to ce of Funds in an Amount
Utz to $15,000.00 for Fiscal Year 2011 and Utz to $50,000.00 Each Fiscal Year Thereafter from
Southwest ater Company for a Water Util ity Assista ce r ra a A t o r ri ion
Ordinance. (Continued from a Previous Meeting)
It was the consensus of the City Council that Mayor and Council Communication No. C -25065 be
withdrawn from consideration.
3. M&C C -25065 - (Revised) Authorize Execution of an Agreement for Acceptance of Funds
from Monarch Utilities I, LP in an Amount Utt to $15,000.00 for Fiscal Year 2011 and Up to
$50,000.00 ac Fiscal Year Thereafter for a Water Utifily Assistance Progr a m and A t
Atmrottriation Ordinance.
The recommendation was that the City Council Authorize Acceptance of Water Utility Assistance
Program Funds From Monarch Utilities I, L.P., in an Amount Up to $15,000.00 for the Remainder of
Fiscal Year 2011 and Up to $50,000.00 in Future Fiscal Years; Authorize Execution of an Agreement
With Monarch Utilities I, L.P., for Administration of a Water Utility Assistance Program by the
Community Action Partners in the Parks and Community Services Department; and Adopt an
Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund,
Subject to Receipt of a Grant From Monarch Utilities I, L.P., for the Purpose of Funding the Program.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25065 (Revised) be approved and Appropriation
Ordinance No. 19823 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
It was the consensus of the City Council that Mayor and Council Communication No. C -25066 be
withdrawn from consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 19 of 22
The recommendation was that the City Council Conduct a Public Hearing to Allow Citizen Input and
Consideration of the City's 2011 -2012 Action Plan for Use of Program Income Totaling $75,000.00
and Federal Grant Funds Totaling $10,218,616.00 From the United States Department of Housing and
Urban Development (HUD) Under the Community Development Block Grant (CDBG), HOME
Investment Partnerships Program, Emergency Solutions Grant (ESG) and Housing Opportunities for
Persons With AIDS ( HOPWA) Grant Programs; Approve the City's 2011 -2012 Action Plan for
Submission to HUD Including Allocations of Grant Funds to Particular Programs and Activities;
Authorize the Use of Estimated Program Income Totaling $75,000.00 Resulting From Activities Using
CDBG Funds; Authorize the City Manager, or his Designee, to Execute Contracts for a One (1) Year
Term With the CDBG Agencies, ESG Agencies and HOPWA Agencies for Program Year 2011 -2012,
Contingent Upon Receipt of Funding; Authorize the City Manager, or his Designee, to Extend the
Contracts for Up to One (1) Year if an Agency Requests an Extension and Such Extension is
Necessary for Completion of the Program; Authorize the City Manager, or his Designee, to Amend the
Contracts, if Necessary, to Achieve Program Goals, Provided Any Amendment is Within the Scope of
the Program and in Compliance With City Policies and All Applicable Laws and Regulations
Governing the Use of Federal Grant Funds; Apply Indirect Cost Rates as Applicable for the Grants
Fund in Accordance With the City's Administrative Regulations; Authorize the Collection of Program
Income Resulting From Activities Using HOME Investment Partnerships Program Funds; and Adopt
an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund
in the Amount of $10,293,616.00, Subject to Receipt of Various Grants, for the Purpose of Funding
Major Housing and Community Development Activities.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
a.
Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 20 of 22
(C -25066 (Revised) Continued)
c. Council Action
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 21 of 22
(C -25088 Continued)
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25088 be approved and Resolution No.
4015 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
8. M&C C-25089 - Authorize Rejection of Bids Received for the Rolling Hills Water Treatment
Plant S-2 Air Handler Replacement Proiect.
The recommendation was that the City Council Authorize the City Manager to Reject Bids Received
for the Rolling Hills Water Treatment Plant S -2 Air Handler Replacement Project.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25089 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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Wastewater Treatment Plant in Gatewal Park.
The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With AUI Contractors, LLC, in the Amount of $5,255,040.00 for Digester Sludge Removal, Treatment
and Disposal at the Former Riverside Wastewater Treatment Plant in Gateway Park.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. C -25090 be approved with appreciation to the
Water Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays.
10. MSC C -25091 - Authorize Execution of a Contract in the Amount of $1,000,000.00 with
Atkins Brothers Equiment a y, Inc., for Water M ai a ace ants Contract 2011A at
Various Locations Throughout the City of For Worth and Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the Transfer of $1,149,300.00 From the
Water and Sewer Operating Fund to the Water Capital Projects Fund; Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund,
From Available Funds, for the Purpose of Funding Water Main Replacements Contract 2011A at
Various Locations Throughout the City of Fort Worth; and Authorize Execution of a Contract With
Atkins Brothers Equipment Company, Inc., in the Amount of $1,000,000.00 for Water Main
Replacements Contract 201 1A.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2011
PAGE 22 of 22
(C- 25091 - Continued)
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -25091 be approved and Appropriation Ordinance
No. 19827 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
XV. CITIZEN PRESENTATIONS
Mr. D. Fisher, 6925 Hatch Drive, Lake Worth, Texas 76135, appeared before Council relative to the
fracing activity at the Welker 5 -H Jenkins Heights Addition gas well. He stated that a pipe was
pumping water from the well site to a location one and a half (1.5) miles from the well and could be
contaminating the lake water where children were swimming. He requested the Council investigate the
matter to determine if the gas well company was in compliance.
Council Members Scarth and Shingleton explained that the pipeline was likely pumping fresh water to
the well itself not away from the well but would make inquiries to ensure the gas well company was in
compliance with all associated rules and regulations.
The following individuals completed citizen presentation cards and were recognized by Mayor Price,
but were not present in the Council Chamber.
Ms. Jerry Horton, 2608 Carter Avenue
Mr. Riley Cantrell, 2300 Sundrop Court
XVII. ADJOURNMENT
Mayor Price advised that Electric Reliability Council of Texas ( ERCOT) had announced a Level One
(1) Alert and encouraged everyone to comply with the ERCOT requests to reduce electricity usage
during the peak hours of 3:00 p.m. and 7:00 p.m.
There being no further business, the meeting was adjourned at 8:08 p.m.
These minutes approved by the Fort Worth City Council on the 9th day of August, 2011.
Attest: A
Marty Hendrix etsy P
City Secretary Mayor