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HomeMy WebLinkAbout2010/01/12-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 Present Mayor Mike Moncrief Mayor Pro tern Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:20 p.m. on Tuesday, January 12, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns temporarily absent. II. INVOCATION - Reverend Angela Kaufman, Texas Christian University The invocation was provided by Reverend Angela Kaufman, Texas Christian University. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. (Council Member Burns assumed his place at the dais.) Mayor Moncrief advised the audience that he was wearing a Boise State football jersey and ball cap and would take a photograph with the Council Members to send to Mayor David Bieter of Boise, Idaho, as proof that the bet made regarding the Tostitos Fiesta Bowl game was honored. He stated that if Texas Christian University (TCU) had been victorious, then Mayor Bieter would have worn a TCU football jersey and ball cap. He praised TCU Football Coach Gary Patterson and the Horned Frogs for a winning season and stated that they had the support of the entire City. He also advised that Fort Worth would "go purple" in support of the Horned Frogs on the Friday before each Saturday home football game next season to continue the new tradition. He expressed appreciation to the citizens, business owners and the City staff for showing school spirit and support for TCU. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 2 of 30 IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF DECEMBER 15, 2009 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the minutes of the regular meeting of December 15, 2009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. G-16763 be withdrawn from consideration and that Mayor and Council Communication No. G-16808 be continued until the January 26, 2010, Council meeting. VII.CONSENT AGENDA Motion: Council Member Hicks 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-16805 - Approving the Request of the Southwestern Exposition and Livestock Show to Temporarily Close W. R. Watt Drive, from Harley Avenue to Burnett-Tandy Drive; Burnett- Tandy Drive West to Gendy Street; Gendy Street, from Burnett-Tandy Drive North to Lancaster Avenue; and Trinity Park Drive, from University Drive to Crestline Road, Beginning Monday, January 11, 2010, through Monday, February 8, 2010. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-11076 - Authorizing a Purchase Agreement with Brodart Company for Audio Visual Security Cases for the Library Department for an Annual Amount Up to $146,420.00. 2.M&C P-11077 - Authorizing the Purchase of D-Star Digital Amateur Radio Emergency Communications Systems Equipment from DOB Unlimited, Inc., Bird Technology Group TX RX Systems, Tessco, ICOM America, Inc., Dell Marketing, LP and Al Barcode Systems for the Fire Department for an Amount Up to $62,790.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 3 of 30 (VII. CONSENT AGENDA Continued) 3.M&C P-11078 - Authorizing the Purchase and Installation of Laboratory Equipment from Thermo Orion, Buchi, Westco Scientific and VWR International for the Water Department for an Amount Not to Exceed $50,928.00. 4.M&C P-11079 - Authorize a Purchase Agreement with Allen Systems Group, Inc., for DocumentDirect Software Maintenance for the Information Technology Solutions Department, Using General Services Administration Contract Number GS-35F-00456M for an Amount Up to $29,377.00. 5.M&C P-11080 - Authorizing a Purchase Agreement with Mainline Information Systems, Inc., for Mainframe Computer Hardware Maintenance Services, Using General Services Administration Contract No. GS-35F-0216L, for the Information Technology Solutions Department for an Amount Up to $82,000.00. 6.M&C P-11081 - Authorizing the Execution of a Sole Source Contract with LexisNexis Risk and Information Analytics Group, Inc., for Access to Accurint for Government Services for an Amount Up to $44,000.00. C.Land- Consent Items 1.M&C L-14907 - Authorizing the City Manager to Execute a Lease Agreement with the Fort Worth Housing Authority for Office Space Located at 5004 Avenue G for the Police Department at a Cost of $1.00 Per Year; and Authorizing the Lease Term to Begin November 1, 2009, and End October 31, 2010, with Two (2) Consecutive One (1) Year Renewal Options. 2.M&C L-14908 - Authorizing the Conveyance of an Easement to Southwestern Bell Telephone Company, d/b/a AT&T Telephone Company, for Communications Equipment on 0.009 Acres of City Property Located at 12200 Old Weatherford Road, Described as Lot 1, Block 1, Northwest Water Treatment Plant Addition, Nathaniel Holbrook Survey, Abstract 647, at no Expense to the City of Fort Worth; and Authorizing the Execution and Recording of Necessary Documents to Complete the Conveyance. D.Planning& Zoning- Consent Items 1.M&C PZ-2864 - Adopting Ordinance No. 18985-01-2010 Vacating and Extinguishing a Sixteen (16) Foot Wide Alley Right-of-Way, Situated in Block 13, Van Zandt's Park Addition, an Addition to the City of Fort Worth, Texas; and Containing Approximately 0.184 Acre of Land More or Less Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving 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 12, 2010 PAGE 4 of 30 (VII. CONSENT AGENDA Continued) E.Award of Contract- Consent Items 1.M&C C-24011 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 38509, a Community Facilities Agreement with Harmony Realty, Ltd., to Add City Participation in the Amount of $127,710.05 for the Installation of a 16-Inch Water Main to Serve Twin Creeks Crossing, a Future Development, Located in West Fort Worth. 2.M&C C-24012 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $76,565.00 to City Secretary Contract No. 35464, an Engineering Agreement with Stream Water Group, Inc., for the Storm Water Utility Project — East Como Channel Improvements, Thereby Revising the Total Contract Cost to $189,463.00. 3.M&C C-24013 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 35205, an Engineering Agreement with HDR, Inc., in the Amount of $78,783.00 for the Meacham Airport Detention Pond, Revising the Total Contract Cost to $102,583.00. 4.M&C C-24014 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $74,877.66 to City Secretary Contract No. 36628, a Construction Contract with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Portions of Hatcher Street, Chickasaw Avenue, Jennifer Court, Lois Street, Sydney Street, Norris Street and Whitehall Street, Thereby Revising the Original Contract Amount to $3,077,855.36. 5.M&C C-24015 - Authorizing the City Manager to Execute a Contract with Durable Specialties, Inc., for the Installation of Traffic Signals at Various Locations to be Determined for an Annual Amount Up to $445,380.00. 6.M&C C-24016 - Authorizing the City Manager to Execute a Contract with C & S Utility Contractors, Inc., for Task Order Street Light Construction Services at Various Locations Citywide for an Annual Amount Up to $489,744.50. 7.M&C C-24017 - Adopting Appropriation Ordinance No. 18986-01-2010 Increasing the Estimated Receipts and Appropriations in the TPW Gas Well Revenues Fund in the Amount of $214,075.00, from Available Funds, for the Design of Thompson Road from North Riverside Drive (Old Denton Road) to Flowertree Drive; and Authorizing the City Manager to Execute the Engineering Services Agreement in the Amount of $175,075.00 with Criado & Associates, Inc., (Project No. 01368). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 5 of 30 (VII. CONSENT AGENDA Continued) 8.M&C C-24018 - Authorizing the City Manager to Execute an Engineering Services Agreement with Neel-Schaffer, Inc., in the Amount of $28,200.00 for the Preparation of Plans, Specifications and Estimates for the Signalization of Two (2) Intersections at Chapel Creek Boulevard and White Settlement Road and Expedition Drive and White Settlement Road. 9.M&C C-24019 - Adopting Supplemental Appropriation Ordinance No. 18987-01-2010 Increasing the Estimated Receipts and Appropriations in the Water and Sewer Fund in the Amount of $500,000.00, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount for Utility Cut Repair Contract 2009 UC01-2010 at Various Locations Throughout the City; and Authorizing the City Manager to Execute the Contract with Westhill Construction, Inc. 10.M&C C-24020 - Authorizing the Transfer of$129,059.44 in Gas Well Bonus Revenue from the "Unspecified" Work Phase for the Ed K. Collett Park Project to Various Other Work Phases for the Same Project Within the Park Gas Lease Project Fund; Adopting Appropriation Ordinance No. 18988-01-2010 Increasing the Estimated Receipts and Appropriations in the Park Gas Lease Project Fund, from Available Funds for All Work Phases of the Project; and Authorizing the City Manager to Execute a Construction Contract with Dirtco d/b/a Styles Contracting in the Amount of$281,189.30 for Parking Ballfield and Park Improvements at the Park. 11.M&C C-24021 - Authorizing the City Manager to Execute a Contract with Northstar Construction, Inc.,in the Amount of$452,703.00 for Park Improvements at Prairie Dog Park. VIII.PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1.OCS-1755 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 6 of 30 IX.SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Child Health Summit Day Council Member Burns presented a Proclamation for Child Health Summit Day to representatives from Cook Children's Medical Center: Tim Hanners, Senior Vice President of Corporate and Community Affairs, Ginny Hickman, Assistant Vice President of Community Health Outreach and Larry Tubb, Senior Vice President of System Planning. He stated while a great deal of medical information already existed concerning children, large gaps still remained in the understanding and measurement of children's health. He further stated that health assessments like the Community-wide Children's Health Assessment and Planning Survey (CCHAPS) was one way to move beyond "needs assessments" in order to provide specific actionable health information to all children. He advised that CCHAPS covered a region that included six counties which offered the potential for local collaboration on children's health issues and was all about measuring, learning and acting in ways that improve the health of children. He added that in recognition of this new information, Cook Children's called on the community to join in dedicating the "Decade of the Child: Healthy Children 2020" with the understanding that there were no easy solutions and improvement would take time. Ms. Hickman expressed appreciation to the Mayor and Council for their support and stated her agency was committed to working to make a difference in children's health and that they looked forward to the results of the CCHAPS, which would provide information on how better to serve the children. 2.Presentation of Proclamation for Score a Goal in the Classroom Western Heritage Day - Kristin Jaworski - Western Heritage Trail Boss Award; and Presentation of Proclamation for Score a Goal in the Classroom Western Heritage Day - Kit Moncrief - Fort Worth Cowtown Legend Award Council Member Burdette presented Proclamations for Score a Goal in the Classroom Western Heritage Day - Kristin Jaworski - Western Heritage Trail Boss Award and Kit Moncrief- Fort Worth Cowtown Legend Award to Ernie Horn and former Fort Worth City Manager Charles Boswell, who accepted the awards on behalf of Kristin Jaworski and Kit Moncrief He stated that Fort Worth knew that its continued economic success, future growth and quality of life depended on the enthusiasm of generations to come. He further stated that the City had maintained a distinct Western Culture as it had grown into a modern metropolis and it looked to leaders of the next generation to retain that heritage. He added that Score a Goal in the Classroom was a school incentive program designed to motivate students and honor teachers. He also announced that Score a Goal in the Classroom would educate children about Fort Worth's rich Western Heritage with a"Trail Drive" celebration from "High Noon" to 4:00 p.m. on January 17, 2010, at the corner of Belknap and Taylor Streets. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 7 of 30 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mr. Horn and Mr. Boswell expressed appreciation to the Mayor and Council Members for their leadership and support of the program and stated the goal was to preserve the Western Culture in the area and educate children. Mr. Horn invited everyone to attend the Trail Drive on January 17, 2010, and stated it would be a fun family event. 4. Presentation of Certificates of Recognition to Former Board and Commission Members Council Member Burdette presented Certificates of Recognition to the following former Board and Commission members: Mr. Nick Genua, for his service on the Board of Adjustment - Residential from January 9, 2001, through October 1, 2009. Mr. William V. Tinsley, for his service on the Building Standards Commission from February 16, 1999, through March 23, 2009. Mr. William Greenhill, for his service on the City Zoning Commission from October 14, 2003, through September 30, 2009. Ms. Rana Lambdin, for her service on the Fort Worth Commission for Women from July 22, 2003, through October 1, 2009. Ms. Debra Nyul, for her service on the Parks and Community Services Advisory Board from September 4, 2007, through October 1, 2009. Mr. Robert Hawley, for his service on the Building Standards Commission from February 26, 2002, through September 30, 2009. Ms. Gale Cupp, for her service on the Parks and Community Services Advisory Board from October 21, 2003, through October 1, 2009. Council Member Burdette advised that the following individuals were unable to attend the meeting to receive a Certificate of Recognition: Mr. William Boecker, for his service on the Downtown Design Review Board from May 21, 2002, through October 1, 2009. Ms. Betty Joyce Bivens, for her service on the Library Advisory Board from May 21, 2002, through October 1, 2009. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 8 of 30 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Ms. Allyssa Wheaton-Rodriguez, for her service on the Animal Shelter Advisory Committee from December 12, 2006, through September 24, 2009. Ms. Victoria Powell, for her service on the Board of Adjustment — Commercial and Fort Worth Alliance Airport Board of Adjustment from July 1, 2003, through August 6, 2009. Ms. Rosa Navejar, for her service on the Board of Trustees of the Employees' Retirement Fund from August 28, 2007, through August 26, 2009. Mr. Kenneth Moczulski, for his service on the Downtown Design Review Board from October 14, 2003, through October 1, 2009. Mr. Alex Jimenez, for his service on the Housing Authority of the City of Fort Worth from January 25, 1994, through October 15, 2009. Ms. Minnie Hodge, for her service on the Human Relations Commission from March 18, 2008, through November 10, 2009. X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Burns announced that the District 9 monthly office hours would be held on January 21, 2010, from 3:00 p.m. to 7:00 p.m., at the Spiral Diner Cafe on Magnolia Street. He also announced that he would continue Mayor and Council Communication No. G-16811 to the February 2, 2010, Council meeting to allow for discussion of environmental concerns with the neighbors and added that public comments would still be heard on the item. He also presented former District 9 Aide, Kristi Wiseman, with a Certificate of Recognition for her service to the City and District 9 residents. He stated that her dedication to the residents was remarkable and she would be missed, as she had accepted a position with Senator Wendy Davis' office. Senator Davis commended Ms. Wiseman for her service to the City and stated she was excited for Kristi to be a part of her team by providing excellent service at the state level. Council Members Jordan and Hicks expressed appreciation to Ms. Wiseman and wished her success in her new position. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 9 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Scarth announced that the Bell Helicopter Armed Forces Bowl was held on January 8, 2010, and experienced a tremendous turnout from all branches of the military. He added that Bell Helicopter was a wonderful host and that the event was great success. Council Member Hicks announced that she would continue Mayor and Council Communication No. G-16812 to the February 2, 2010, Council meeting to allow for discussion of environmental concerns with the neighbors and added that public comments would still be heard on the item. She also announced that upcoming meetings regarding the Consolidated Plan would be held on January 14, 2010, at 6:00 p.m. at Riverside Community Center and January 20, 2010, at 6:00 p.m. at Texas Wesleyan University and encouraged those interested to attend the meetings. She advised that the District 8 Advisory Board met quarterly and the next meeting would be held on January 14, 2010, at 6:00 p.m. at the Hazel Harvey Peace Center for Communities. She stated the topics of discussion would include the budget, the census and a number of other issues, and added those interested could contact the District 8 Office at 817-392-8808 for more information. She pointed out that January 18, 2010, was a day to remember the work of Reverend Doctor Martin Luther King, Jr., and encouraged everyone to carry out his message of volunteerism at any level. She also advised that Assistant Director of Transportation and Public Works George Behmanesh lost his wife due to cancer and requested that the meeting be adjourned in his honor and in memory of his wife. Mayor Moncrief stated that the funeral services for Mr. Behmanesh's wife would be held on January 16, 2010, at Skyvue Funeral Home in Mansfield, Texas. He advised that the phone number provided in the Pre-Council Meeting for citizens to register complaints with the Texas Commission of Environmental Quality (TCEQ) was incorrect and the correct phone number was 1-888-777-3186. He also announced that the Council had received their 169th key to add to their glass jars and added that 169 people had been housed through the Directions Home Program. 2.Recognition of Citizens There were no citizens recognized at this time. XI.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membership on Boards and Commissions Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Ms. Bevelia Curley be reappointed to Place 5 on the Fort Worth Commission for Women effective January 12, 2010, and with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 10 of 30 (XI. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mr. Brian Renteria be appointed to Place 9 on the Human Relations Commission effective January 12, 2010, and with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. XII.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIII.REPORT OF THE CITY MANAGER B.General 1. It was the Consensus of the Council that Mayor and Council Communication No. G-16763, Authorize the Execution of a Memorandum of Understanding with the Trust for Public Land to Assist with the Acquisition of Park Land, be Withdrawn from Consideration. 2. M&C G-16806 - Adopt the Semi-Annual Progress Report Concerning the Status of the Capital Improvements Plan for Transportation Impact Fees from the Capital Improvements Advisory Committee for Transportation Impact Fees. Motion: Council Member Hicks made a motion seconded by Council Member Burns, that Mayor and Council Communication No. G-16806 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C G16807 - Adopt an Ordinance Extending the Moratorium on the Acceptance of Applications for Salt Water Disposal Wells Pending Consideration of Revised Regulations Regarding Salt Water Disposal Wells in the Current Gas Drilling Ordinance of Chapter 15 of the City Code. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Motion: Council Member Hicks made a motion seconded by Council Member Burns, that Mayor and Council Communication No. G-16807 be approved and Ordinance No. 18989-01-2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 11 of 30 (G-16807 Continued) Mayor Moncrief requested reconsideration of this item as he inadvertently overlooked that Mr. Jim Ashford had submitted a speaker card to address the Council. Motion: Council Member Hicks made a motion seconded by Council Member Burns, that Mayor and Council Communication No. G-16807 be reconsidered. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Mayor and Council Communication No. G-16807 and relative to salt water disposal and its corrosive nature, as well as, the negative impact it may have on the environment. Motion: Council Member Hicks made a motion seconded by Council Member Burdette, that Mayor and Council Communication No. G-16807 be approved and Ordinance No. 18989-01-2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 4.It was the Consensus of the Council that Mayor and Council Communication No. G-168081 Adopt Appropriation Ordinance for Phase IV of the City's Energy Savings Performance Contract with Johnson Controls, Inc., in the Amount of $9,248,307.00, be Continued Until the January 26, 2010, Council meeting. 5.M&C G-16809 - Adopt an Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, Chapter 35 "Water and Sewers", by Amending Section 35-56 to be Named "Wholesale Water, Sewer and Reclaimed Water Rates" and by Amending Subsections 35-56(a) and 35-56(i) and Adding Section 35-56(j); by Revising and Adding Certain Wholesale Reclaimed Water Rates and Charges. Motion: Council Member Moss made a motion seconded by Council Member Burdette, that Mayor and Council Communication No. G-16809 be approved and Ordinance No. 18990-01-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.M&C G-16810 - Consider a Waiver Request by XTO Energy for a Multiple Gas Well Pad Site Permit and the Issuance of Gas Well Permits to Allow the Drilling of the Four (4) Gas Wells on the MBA Lease Less than 600 Feet from a Protected Use (PUBLIC HEARING). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 12 of 30 (G-16810 Continued) Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain for voting on this item, as well as, Mayor and Council Communication Nos. G-16811 and G-16812. (Council Member Scarth left his place at the dais.) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Mr. Bob Manthei, representing XTO Energy, 810 Houston Street, appeared before Council in support of Mayor and Council Communication No. G-16810 and provided an overview of the waiver request. Mr. Harvey Roberts, 1651 Watson Road, appeared before Council in support of Mayor and Council Communication No. G-16810 and relative to the Meadowbrook Neighborhood Association's support of the waiver request. Council Member Hicks requested clarification from Mr. Roberts on examples of how XTO Energy listened to the requests of the neighbors. Mr. Roberts advised that XTO Energy had kept their promise of not drilling inside the neighborhood boundaries, respecting the property owners, reworking truck routes and generally keeping up their end of the deal. Ms. Wanda Conlin, 1755 Martel Avenue, appeared before Council in support of Mayor and Council Communication No. G-16810 and relative to XTO Energy being a good neighbor and meeting the expectations of the residents of Meadowbrook. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G-16810 and relative to the large number of waiver requests, the harmful environmental impacts from drilling, the close proximity to protected uses and the preservation of park land as a protected use: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 13 of 30 (G-16810 Continued) Mr. Jerry Lobdill, 6336 Darwood Avenue Mr. Gary Hogan, 2117 Rolling Creek Run Ms. Libby Willis, 2300 Primrose Avenue Mr. Gordon Appleman, Bellaire Circle, completed a speaker card in opposition to Mayor and Council Communication No. G-16810 and was recognized by the Mayor, but was not present in the Council Chamber. Ms. Sarah Green, 4700 Green River Court, completed a speaker card in opposition to Mayor and Council Communication No. G-16810,but did not wish to address the Council. c.Council Action Motion: Council Member Zimmerman made a motion seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G-16810 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. 7.M&C G-16811 - Consider a Waiver Request by XTO Energy for a Gas Well Permit and a Multiple Gas Well Pad Site Less than 600 Feet from a Protected Use to Allow the Drilling of the One (1) Applied for Gas Well on the Page Lease Located at 400 Page Street (PUBLIC H EARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations The following individuals completed speaker cards in support of Mayor and Council Communication No. G-16811,but did not wish to address the Council: Mr. Bob Manthei, applicant, 810 Houston Street Mr. Randy Boyd, 100 Page Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 14 of 30 (G-16811 Continued) The following individuals appeared before Council in opposition to Mayor and Council Communication No. G-16811 and relative to the health hazards associated with drilling, the environmental impacts, the close proximity to protected uses and the untruthful manner in which the signatures for waivers and leases were obtained: Mr. Robert Snoke, 3826 6th Street Mr. Paul Sinclair, 2829 Travis Avenue Mr. Fernando Florez, 2740 Hemphill Street Mr. Gary Hogan, 2117 Rolling Creek Run Ms. Jennifer Castillo, 2413 Jennings Avenue Ms. Annette Kellam, 4017 Ryan Avenue Mr. Ricardo Avitia, 2920 South Jennings Avenue Mr. Martin Guerara, 4009 8th Avenue Ms. Serena Keeler, 1405 South Henderson Street Mr. Grayson Harper, 3605 Bellaire Drive South The following individuals completed speaker cards in opposition to Mayor and Council Communication No G-16811, but did not wish to address the Council: Ms. Tolli Thomas, 5341 Wooten Drive Ms. Mary Bush, 3704 Wayland Drive Mr. Jerry Lobdill, 6336 Darwood Avenue State Representative Lon Burnam, District 90, 1067 West Magnolia Avenue Mr. Gordon Appleman, 3855 Bellaire Circle, completed a speaker card in opposition to Mayor and Council Communication No. G-16811 and was recognized by the Mayor, but was not present in the Council Chamber. Council Member Burns stated this request was for a waiver seven blocks from his house and the Council was taking all waiver requests very seriously regardless of the proximity to their own properties. He stated this request would be evaluated for the environmental impacts over the next three weeks and that the item would be heard on February 2, 2010. Council Member Burdette requested clarification on the number of property owners who had signed waivers and the number of property owners who had leased their mineral rights before the February 2, 2010, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 15 of 30 (G-16811 Continued) Mayor Moncrief stated the main concern of the Council was to protect the citizens and the children. He further stated that the Council had requested the Texas Commission on Environmental Quality (TCEQ) perform extensive testing on well sites in the City. He reported that the TCEQ tested 10 percent of the wells in the City limits and beyond and after extensive questioning by the Council, they stated the public was in no danger. He also stated that a state representative had requested that all drilling be halted in the Barnett Shale, and advised that the Railroad Commission had requested an Attorney General Opinion on the matter(See Page 23 for Additional Clarification). c.Council Action Motion: Council Member Burns made a motion seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. G-16811 be continued until the February 2, 2010, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. 8.M&C G-16812 - Consider a Waiver Request by XTO Energy for a Multiple Gas Well Pad Site Permit Less than 600 Feet from a Protected Use and Issuance of a Gas Well Permit to Allow the Drilling of the Two (2) Gas Wells on the Wesco Lease Located at 580 East Rosedale Street (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Mr. Bob Manthei, representing XTO Energy, 810 Houston Street, completed a speaker card in support of Mayor and Council Communication No. G-16812,but did not wish to address the Council. Mr. Paul Sinclair, 2829 Travis Avenue, appeared before Council in opposition to Mayor and Council Communication No. G-16812 and relative to the health hazards associated with drilling, the environmental impacts, the close proximity to protected uses and the untruthful manner in which the signatures for waivers and leases were obtained. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 16 of 30 (G-16812 Continued) The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G-16812,but did not wish to address the Council: Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Jerry Lobdill, 6336 Darwood Avenue Mr. Grayson Harper, 3605 Bellaire Drive South Mr. Gordon Appleman, 3855 Bellaire Circle, completed a speaker card in opposition to Mayor and Council Communication No. G-16812 and was recognized by the Mayor, but was not present in the Council Chamber. c.Council Action Motion: Council Member Hicks made a motion seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G-16812 be continued until the February 2, 2010, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. C.Purchase of Equipment, Materials, and Services 1.M&C P-11082 - Authorize an Amendment to the Sole Source Maintenance Agreement with Accela, Inc., for Software Maintenance Support for the Planning and Development Department for an Amount Up to $160,782.00 and Effective Retroactive to October 1, 2009. Motion: Council Member Moss made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-11082 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent. D.Land 1.hI&C L-14909 - Approve the Acceptance of a Lease Agreement for Natural Gas Drilling Under 7.883 Acres More or Less of City-Owned Properties Known as Eugene McCray Park at Lake Arlington to Quicksilver Resources Inc., in the Amount of $45,540.00 for a Two (2) Year Primary Term. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 17 of 30 (L-14909 Continued) (Council Member Scarth returned to his place at the dais.) Motion: Council Member Moss made a motion seconded by Council Member Burdette, that Mayor and Council Communication No. L-14909 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 2.M&C L-14910 - Approve the Acceptance of a Lease Agreement for Natural Gas Drilling Under 74.979 Acres More or Less of City-Owned Properties Known as Holly Water Treatment Plant Located at 1050 Fournier Street to Chesapeake Exploration, LLC, in the Amount of $388,094.40 for a Two (2) Year Primary Term. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Burns made a motion seconded by Council Member Moss, that Mayor and Council Communication No. L-14910 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 3. M&C L-14911 - Authorize the Acquisition of a 4.692 Acre Tract of Land Located at 8801 McCart Avenue, Fort Worth, Texas, from the Fort Worth Local Development Corporation, for the City of Fort Worth Water Department for $101,522.53, Including Closing Costs; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. Motion: Council Member Hicks made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. L-14911 be approved. The motion carried unanimously nine(9) ayes to zero (0) nays. 4.M&C L-14912 - Declare the Necessity of Taking an Interest in Five (5) Portions of Land Known as Lot 2-R-2, Block 2, Medical Centre Addition, Tarrant County, Texas, Owned by Medcor Associates, Ltd., L.P., is Necessary for the Construction of Fort Worth Medical District Water Distribution System Improvements, Part 4 Project (DOE 4279, Project No. 00247); and Authorize the City Attorney to Institute Condemnation Proceedings for the Two (2) Permanent Sewer Facility and Temporary Construction Easements to Acquire the Interest in the Land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 18 of 30 (L-14912 Continued) Motion: Council Member Burns made a motion seconded by Mayor Pro tern Scarth, that Mayor and Council Communication No. L-14912 be approved. The motion carried unanimously nine(9) ayes to zero (0) nays. 5. M&C L-14913 - Declare the Necessity of Taking an Interest in a Portion of Land Known as Lots 6, 7 and 8, Block 21, Englewood Heights Addition, Fort Worth, Tarrant County, Texas, Owned by Sterling Global Resources, L.L.C., on Bideker Avenue for the Construction of a Cul- de-Sac; and Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Interest in the Land (DOE 5876, Project No. 00946). Motion: Council Member Espino made a motion seconded by Council Member Moss, that Mayor and Council Communication No. L-14913 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. E.Planning& Zoning 1.M&C PZ-2865 - Adopt an Ordinance Vacating and Extinguishing Portions of Two (2) Alleys and Two (2) Portions of Ramsey Street Located in the Hemphill Heights Addition to the City of Fort Worth; and Waive Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy(M&C G-15624). Motion: Council Member Burns made a motion seconded by Council Member Hicks, that Mayor and Council Communication No. PZ-2865 be continued until the February 2, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. F.Award of Contract 1. M&C C-24022 - Authorize the City Manager to Execute a Public Right-of-Way Use Agreement with Enterprise Texas Pipeline, LLC, to Grant a License to Construct and Operate a Thirty (30) Inch Natural Gathering Gas Pipeline Across Handley Ederville Road, North of Jack Newell Boulevard for a One (1) Time License Fee of$4,048.00. The following individuals completed speaker cards in opposition to Mayor and Council Communication No. C-24022 and were recognized by the Mayor, but were not present in the Council Chamber. Mr. Jim Ashford, 6209 Riverview Circle Mr. Gordon Appleman, 3855 Bellaire Circle CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12,2010 PAGE 19 of 30 (C-24022 Continued) Motion: Mayor Pro tern Scarth made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24022 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M&C C-24023 - Authorize the City Manager to Execute a Public Right-of-Way Use Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gathering Pipeline Across Freeman Drive, West of Esco Drive and Across Esco Drive, South of Freeman Drive for a One (1) Time License Fee of$5,520.00. Mr. Gordon Appleman, 3855 Bellaire Circle, completed a speaker card in opposition to Mayor and Council Communication No. C-24023 and was recognized by the Mayor, but was not present in the Council Chamber. Motion: Council Member Hicks made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24023 be approved with appreciation to staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C C-24024 - Authorize the Execution of a Contract Beginning February 1, 2010, with Standard Parking Corporation for the Management and Operation of the Will Rogers Memorial Center Parking Facilities for a Management Fee of $66,500.00 Per Year for an Initial Term of Three (3) Years, with Three (3) One (1) Year Renewal Options Upon the Same Terms and Conditions; and Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in Municipal Parking Fund in the Amount of $772,685.00 from Available Funds for the Purpose of Funding the Management and Operation of the Will Rogers Memorial Center Parking Facilities. Mr. Jay Layden, representing Standard Parking, 1200 Houston Street, completed a speaker card in support of Mayor and Council Communication No. C-24024, but did not wish to address the Council. Motion: Council Member Burdette made a motion seconded by Mayor Pro tern Scarth, that Mayor and Council Communication No. C-24024 be approved and Supplemental Appropriation Ordinance No. 18991-01-2010 be adopted. The motion carried unanimously nine(9) ayes to zero (0) nays. 4.M&C C-24025 - Ratify an Emergency Engineering Agreement with Deltatek Engineering for Design of Repairs to Two (2) Little Fossil Creek Sanitary Sewer Aerial Crossings in the Amount of$31,750.00; and Ratify an Emergency Contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for Construction of the Repairs in the Amount of$300,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 20 of 30 (C-24025 Continued) Motion: Mayor Pro tern Scarth made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24025 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. M&C C-24026 - Authorize the City Manager to Accept a Grant and Execute a Contract with the Texas Department of Housing and Community Affairs in an Amount Up to $5,500,000.00 for the Fiscal Year 2010 Comprehensive Energy Assistance Program; Authorize a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund in the Amount of $320,000.00 for Interim Financing of this Grant Project, Pending Contract Execution; Adopt an. Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant; and Apply Indirect Costs at the Rate of 19.18 Percent, Which is the Most Recently Approved Rate for this Department and Apply the New, Approved Rate when Available. Motion: Council Member Hicks made a motion seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24026 be approved and Appropriation Ordinance No. 18992-01-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.M&C C-24027 - Authorize the City Manager to Accept a Grant and Execute an Extension of Contract with the Texas Department of Housing and Community Affairs in an Amount Up to $1,800,000.00 for the Fiscal Year 2010 Community Services Block Grant Program; Authorize a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund in the Amount of$300,000.00 for Interim Financing of this Grant Project, Pending Contract Execution; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant; and Apply Indirect Costs at a Rate of 19.18 Percent, which is the Most Recently Approved Rate for this Department and Apply the New, Approved Rate when Available. Motion: Council Member Espino made a motion seconded by Council Member Hicks, that Mayor and Council Communication No. C-24027 be approved and Appropriation Ordinance No. 18993-01-2010. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV.ZONING HEARING 1. It Appeared that the City Council, at its Meeting of December 8, 2009, Continued Zoning Docket No. ZC-09-087 - Profile Equities LLC, 3031 Honeysuckle Court; from: "A-5" One- Family to: "PD/SU" Planned Development for Four (4) Detached Single Family Units and One (1) Duplex on One (1) Lot; Site Plan Included. (Recommended for Denial) (Continued from December 8, 2009). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 21 of 30 (ZC-09-087 Continued) Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Zoning Docket No. ZC-09-087 be continued until the February 2, 2010, Council meeting. 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 December 29, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 2.Zoning Docket No. ZC-09-107 - Chesapeake Land Development Company, LLC, 1600 E. Northside Drive; from: "J" Medium Industrial to: "PD/E" Planned Development for All Uses in "E" Neighborhood Commercial Plus Hotel; Site Plan Included (Recommended for Approval). Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Mr. Noah Boydston, representing the applicant, 1590 Staree Lane, appeared before Council in support of Zoning Docket No. ZC-09-107 and provided an overview of the zoning request. Council Member Espino requested clarification from Mr. Boydston on the land uses that currently surrounded the property. Mr. Boydston stated that there was an existing hotel, the Mercado Juarez Restaurant, and a Chesapeake Energy pumping station. The following individuals appeared in support of Zoning Docket No. ZC-09-107 and relative to the location and redevelopment of the area, and the architecture, lighting, and parking of the hotel and requested that Council approve the item: Ms. Nancy Smotherman, 1952 Bluebird Avenue Ms. Janice Michel, 2115 Primrose Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12,2010 PAGE 22 of 30 (ZC-09-107 Continued) Ms. Libby Willis, 2300 Primrose Avenue, appeared before Council in opposition to Zoning Docket No. ZC-09-107 and distributed a handout of information to the Council relative to the historic neighborhoods in the area and added that she would support a change in zoning relative to added green space. The following individuals completed speaker cards in support of Zoning Docket No. ZC-09-107, but did not wish to address the Council: Mr. Jarrett Michel, 2115 Primrose Avenue Mr. Jarrell Smotherman, 1952 Blue Bird Avenue Council Member Espino requested clarification from Mr. Boydston regarding the number of stories in the proposed building, exterior lighting, the number of parking spaces on the proposed site and the issue of crime. Mr. Boydston stated the proposed building would be three (3) stories, would include approximately 92 parking spaces, and would include dark sky luminary style lighting which focused most of the light on the ground rather than the sky. He added that the high class establishment was not a crime risk. Council Member Zimmerman requested clarification on why the applicant would want to build on land that was proposed for future use by the Texas Department of Transportation (TxDOT) for a right-of- way. Mr. Boyston stated that TxDOT stated they had no immediate plans for acquisition of the property. Council Member Zimmerman advised he would vote against the item because it did not make sense due to the development along the I-35 corridor. Council Member Espino stated he would support this item as the proposed hotel was compatible with the existing surrounding development. Motion: Council Member Espino made a motion, seconded by Mayor Pro tern Scarth, that Zoning Docket No. ZC-09-107 be approved. The motion carried unanimously seven(7) ayes to one (1) nay, with one (1) abstention by Council Member Jordan and with Council Member Zimmerman casting the dissenting vote. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 23 of 30 Mayor clarified that the Railroad Commission had not requested a formal opinion from the Attorney General, but the request was being considered by the Railroad Commission. 3.Zoning Docket No. ZC-09-116 - City of Fort Worth Planning & Development Department, Arlington Heights Neighborhood, Generally Bounded by Camp Bowie Boulevard, Montgomery Street, 1-30 (West Freeway), and Merrick Street; from: "B" Two-Family, "B/HC" Two- Family/Historical and Cultural Overlay, "B/DD" Two-Family/Demolition Delay, "Rl" Zero Lot Line/Cluster, "CR" Low Density Multi-Family, "C" Medium Density Multi-Family, "D" High Density Multi-Family, "CF" Community Facilities, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "F/HC" General CommerciaUHistorical and Cultural Overlay, "F/DD" General Commercial/Demolition Delay, "I" Light Industrial, and "J" Medium Industrial to: "A-5" One-Family, "A-5/HC" One- Family/Historical and Cultural Overlay, "B" Two-Family, "R2" Townhouse/Cluster, "CF" Community Facilities, "CF/HC" Community Facilities/Historic and Cultural Overlay, "CF/DD" Community Facilities/Demolition Delay" (Recommended for Approval as Amended; Commercial Properties Along Camp Bowie, Montgomery and Certain Residential Properties Continued for 90 days). Council Member Burdette provided a historic overview of the zoning in the area and advised that his recommendation was to remand this item back to the March 10, 2010, City Zoning Commission hearing for further review. The following individuals completed speaker cards in support of Zoning Docket No. ZC-116, but did not wish to address the Council: Mr. Peter Thompson, 3905 Lafayette Avenue Mr. Gloria Thompson, 3905 Lafayette Avenue Ms. Makenzie Carpenter, 1821 Virginia Place Ms. Elizabeth Bartolomei, 4424 Calmont Avenue Kelly Jo Nial, 1909 Belle Place Ms. Beth Kaufmann, 1600 Frederick Street Mr. David Marshall, 2221 Ashland Avenue Mr. Jeff Payne, 3625 Washburn Avenue, appeared before Council in opposition to Zoning Docket No. ZC-116 and relative to the grandfathering concept of duplexes in the area and how the designation of non-conforming use would affect future financing of the property. The following individuals completed speaker cards in opposition to Zoning Docket No. ZC-116, but did not wish to address the Council: Ms. Donna Bean, 1800 Forest Park Boulevard Mr. Stephen Keith, 4716 Springwillow Road Mr. R.R. Thompson, 3809 Bryce Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 24 of 30 (ZC-09-116 Continued) Mr. Bobby A. Propps, 3860 Washburn Avenue Mr. David Claire, 4809 El Campo Avenue Mr. Thomas Modru, 3609-3611 Pershing Mr. David Berming, 3612 Washburn Avenue Mr. Trey Neville, 3708 Linden Avenue Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-116 be remanded to the March 10, 2010, City Zoning Commission hearing. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.Zoning Docket No. ZC-09-130A - City of Fort Worth Planning & Development Department South of SH 114 and West of FM 156; from: Unzoned to: "F" General Commercial (Recommended for Approval as Amended). Mr. Robert Baldwin, representing the applicant, 401 Exposition Avenue, Dallas, Texas, 75226, completed a speaker card in support of Zoning Docket No. ZC-09-130A, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC-09-130A be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. It Appeared that the City Council, at its Meeting of December 8, 2009, Continued Zoning Docket No. ZC-09-131 - City of Fort Worth Planning & Development Department, 300 Blocks of Altamesa Road and Dupont Circle; from: "C" Medium Density Multi-Family and "E" Neighborhood Commercial to: "A-5" One-Family (Recommended for Approval) (Continued from December 8, 2009). Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and Zoning Docket No. ZC-09-131 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 25 of 30 6.Zoning Docket No. ZC-09-133 - City of Fort Worth Planning & Development Department, East Rosedale Corridor and Portions of Terrell Heights, North of Magnolia, East of IH-35W, South of E. Vickery, and West of Exeter Street; from: "A-5" One-Family, "A-S/HC" One- Family/Historic & Cultural Overlay, "A-5/HSE" One-Family/Highly Significant Endangered, "B/HC" Two-Family/Historic & Cultural Overlay, "C/HC" Medium Density Multi-Family /Historic & Cultural Overlay, "C" Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "ER/HC" Neighborhood Commercial Restricted/Historic & Cultural Overlay, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "F/HC" General Commercial/Historic & Cultural Overlay, "MU-1" Low Intensity Mixed-Use, "MU-1/DD" Low Intensity Mixed-Use /Demolition Delay, "I" Light Industrial, and "I/HC" Light IndustriaUHistoric & Cultural Overlay to: "A-5" One-Family, "A-5/HC" One-Family/Historic & Cultural Overlay, "CF" Community Facilities, "CF/HC" Community Facilities/Historic & Cultural Overlay, "ER" Neighborhood Commercial Restricted, "ER/HC" Neighborhood Commercial Restricted/Historic & Cultural Overlay, "E" Neighborhood Commercial, "E/HC" Neighborhood Commercial /Historic & Cultural Overlay, "NS-T4NR/HC" Near Southside-Neighborhood Restricted/Historic & Cultural Overlay, "NS-T4NR/DD" Near Southside-Neighborhood Restricted/Demolition Delay, "NS-T4R" Near Southside-Restricted, "NS-T4R/HSE" Near Southside-Restricted/Highly Significant Endangered, "NS-T4R/HC" Near Southside-Restricted/ Historic & Cultural Overlay, and "PD" Planned Development for "E" Uses Plus Auto Repair; Site Plan Waiver Recommended (Recommended for Approval). The following individuals completed speaker cards in opposition to Zoning Docket No. ZC-09-133 and were recognized by the Mayor, but were not present in the Council Chamber: Ms. Cynthia Morrison, 2242 East Loop 820 Mr. Mike Sadler, 2242 East Loop 820 Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-09-133 be approved, with 1514-1534 East Vickery continued until the February 9, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 7.Zoning Docket No. ZC-09-134 - City of Fort Worth Water Department, Northwest Loop 820 and Cahoba Street; from: "A-5" One-Family to: "CF" Community Facilities (Recommended for Denial without Prejudice). Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-134 be denied without prejudice. The motion carried unanimously nine(9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 26 of 30 8.Zoning Docket No. ZC-09-136 - Jose and Maria Resendiz, 1319 S. Riverside Drive; from: "E" Neighborhood Commercial to: "A-5" One-Family (Recommended for Denial). Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-136 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. 9.Zoning Docket No. ZC-09-137 - Eleuterio Gonzalez, 4167 and 4171 South Hemphill Street; from: "FR" General Commercial Restricted to: "E" Neighborhood Commercial (Recommended for Approval). Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-137 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 10.Zoning Docket No. ZC-09-138 - Archie's Realty Company, Inc. 3310 Sappington Place, 3315 Lackland Road and 6729 West Elizabeth Lane; from: "A-5" One-Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial (Recommended for Approval). Mr. Gerry Curtis, representing the applicant, 3301 Hamilton Avenue, completed a speaker card in support of Zoning Docket No. ZC-138,but did not wish to address the Council. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-138 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 11.Zoning Docket No. ZC-09-139 - R. J. Sikes, 309 W. Oleander St., 1201, 1205, 1209 May St., 1221 S. Jennings Street and 1200 through 1204 St. Louis Avenue; from: "NS/T4N" Near Southside-General Urban Neighborhood to: "NS/T5" Near Southside-Urban Center (Recommended for Approval). Mr. Phillip Poole, 2918 Wingate Street, completed a speaker card in support of Zoning Docket No. ZC-139,but did not wish to address the Council. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-139 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. • CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 27 of 30 12.Zoning Docket No. ZC-09-140 - City of Fort Worth Planning & Development Department, 1401 Altamesa Road, 6800 Block of Crowley Road, and 7000 Camelot Road; from: "CF" Community Facilities, "C" Medium Density Multi-Family, and "E" Neighborhood Commercial to: "A-5" One-Family and "CF" Community Facilities (Recommended for Approval). Mr. Steve Epstein, 1617 Steinburg Lane, completed a speaker card in support of Zoning Docket No. ZC-140,but did not wish to address the Council. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-140 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 13.Zoning Docket No. ZC-09-141 - City of Fort Worth Planning & Development Department, West Meadowbrook Neighborhood, Phase 3, Generally Bounded by Lancaster Avenue, Oakland Boulevard, I-30 (East Freeway), and Edgewood Terrace; from: A-5" One-Family, "A-5/HC" One-Family/Historical and Cultural Overlay, "B" Two-Family, "E" Neighborhood Commercial, "FR" General Commercial Restricted, and "PD-133" Planned Development to: "A-21" One- Family, "A-10" One-Family, "A-10/HC" One-Family/Historical and Cultural Overlay, "A-7.5" One-Family, "A-7.5/IIC" One-Family/Historical and Cultural Overlay, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "ERJHC" Neighborhood Commercial Restricted/Historical and Cultural Overlay, and "E" Neighborhood Commercial (Recommended for Approval). Ms. Wanda Conlin, 1755 Martel Avenue, appeared before Council in support of Zoning Docket No. ZC-09-141 and introduced Ms. Deidra Norris, the new President of the West Meadowbrook Neighborhood Association. Ms. Deidra Norris, 4309 Arden Place, appeared before Council in support of Zoning Docket ZC-09- 141 and relative to approval of previous phases in the West Meadowbrook Neighborhood and requested the Council approve the item. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-09-141 be approved with appreciation to the West Meadowbrook Neighborhood Association and City staff. The motion carried unanimously nine(9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12, 2010 PAGE 28 of 30 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 Hicks made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18994-01-2010 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. 14.Zoning Docket No. ZC-09-143 - City of Fort Worth Planning & Development Department: Text Amendment: Unified Sign Agreements for On-Premise Signs; 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, by Amending: Article 4 "Signs" of Chapter 6, "Development Standards"; Amend Section 6.410 "Unified Sign Agreements" to Provide for the Administrative Approval of an Amendment to a Unified Sign Agreement; Extend Eligibility to Single Lot Developments with Multiple Tenants; Allow for the Construction of Entry Features and to Expand the Allowable Area that Can be Included in the Unified Sign Agreement (Recommended for Approval). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that the Zoning Hearing be closed, and Zoning Docket No. ZC-09-143 be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12,2010 PAGE 29 of 30 (ZC-09-143 Continued) ORDINANCE NO. 18995-01-2010 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 4 "SIGNS" OF CHAPTER 6, "DEVELOPMENT STANDARDS", AMENDING SECTION 6.410 "UNIFIED SIGN AGREEMENTS" TO PROVIDE FOR THE ADMINISTRATIVE APPROVAL OF AN AMENDMENT TO A UNIFIED SIGN AGREEMENT; TO EXTEND ELIGIBILITY TO SINGLE LOT DEVELOPMENTS WITH MULTIPLE TENANTS, TO ALLOW FOR THE CONSTRUCTION OF ENTRY FEATURES AND TO EXPAND THE ALLOWABLE AREA THAT CAN BE INCLUDED IN THE UNIFIED SIGN AGREEMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9)ayes to(0)nays. 15.Zoning Docket No. ZC-09-144 - City of Fort Worth Planning & Development Department: Text Amendment: Two-Family Residential Parking; 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, by Amending: Subsection D, "Two- Family ("B") District" to increase the number of parking spaces required per dwelling unit based on the number of bedrooms (Recommended for Approval). Motion: There being no one present desiring to heard in connection with the Text Amendment, Council Member Burns made a motion, seconded by Council Member Zimmerman,that the Zoning Hearing be closed, and Zoning Docket No. ZC-09-144 be approved with appreciation to staff, and the following ordinance be adopted: ORDINANCE NO. 18996-01-2010 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SUBSECTION D. "OTHER DEVELOPMENT STANDARDS" OF SECTION 4.707 "TWO-FAMILY ("B") DISTRICT" TO INCREASE THE NUMBER OF PARKING SPACES REQUIRED PER DWELLING UNIT BASED ON THE NUMBER OF BEDROOMS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 12,2010 PAGE 30 of 30 (ZC-09-144 Continued) The motion carried unanimously nine(9)ayes to(0)nays. XV.CITIZEN PRESENTATIONS There were no citizen presentations. XVII.ADJOURNMENT There being no further business the meeting was adjourned at 9:57 p.m. in memory of Patty Behmanesh, wife of George Behmanesh,Assistant Director of Transportation and Public Works Department, who lost her battle with cancer. These minutes approved by the Fort Worth City Council on the 26th day of January, 2010. Attest: Approved: IA Ai AM Marty He'drix Michae o; ief City Secretary Mayor