HomeMy WebLinkAbout2010/02/02-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 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 7:15 p.m. on Tuesday, February 2, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Bishop Richard E. Young, The Chosen Vessel Cathedral
The invocation was provided by Bishop Richard E. Young, The Chosen Vessel Cathedral.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 26, 2010
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that the
minutes of the regular meeting of January 26, 2010, 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V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 2 of 24
VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication Nos. G-16808 be withdrawn
and replaced with G-16808 (Revised), C-24029 be withdrawn and replaced with C-24029 (Revised)
and G-16811 be withdrawn from consideration.
VII.CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, 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-16826 - Approving the Settlement in a Lawsuit Entitled Arnoldo Dominguez,
Individually and as Heir of the Estate of Mirna Dominguez, Deceased; Maria Dominguez,
Individually and as Heir of the Estate of Mirna Dominguez, Deceased; Fermin Vitolas,
Individually and as Heir of the Estate of Fernando Fermin Vitolas, Deceased; Emilia Olivia
Carrillo De Vitolas, Individually and as Heir of the Estate of Fernando Fermin Vitolas,
Deceased, v. City of Fort Worth, Texas, Cause No. 17-214442-05; Authorizing the Payment of
$99,000.00 to Arnoldo Dominguez and Maria Dominguez and the Law Firm of Roger "Rocky"
Walton, PC, in Full and Final Settlement of the Suit; and Authorizing the Payment of$49,000.00
to Fermin Vitolas and Olivia De Vitolas and the Law Firm of Roger"Rocky"Walton, PC, in Full
and Final Settlement of the Suit; and Authorizing the Appropriate City Personnel to Execute the
Releases and Agreements Necessary to Complete the Settlement.
2.M&C G-16827 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator: the Public Necessity and Convenience Require the Operation of
Twelve (12) Limousines Upon the City Streets, Alleys and Thoroughfares; Agency LC Group,
Inc., is Qualified and Financially Able to Conduct a Limousine Service within the City; Agency
LC Group, Inc., has Complied with the Requirements of Chapter 34 of the City Code; Agency
LC Group, Inc., Presented Facts in Support of Compelling Demand and Necessity for Twelve
(12) Limousines; the General Welfare of the Citizens of the City will Best be Served by the
Addition of Twelve (12) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting
Ordinance No. 19014-02-2010 Granting the Privilege of Operating Authority to Agency LC
Group, 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 Twelve (12)
Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms
and Conditions of the Grant; Providing for Written Acceptance by Agency LC Group, Inc.; and
Conditioned Upon Agency LC Group, Inc., Complying with All Requirements of Chapter 34,
Article VI of the Code of the City of Fort Worth (1986), as Amended.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 3 of 24
(VII. CONSENT AGENDA Continued)
3.M&C G-16828 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator: the Public Necessity and Convenience Require the Operation of
Sixty (60) Limousines Upon the City Streets,Alleys and Thoroughfares; Carey Limousine Dallas,
Inc., is Qualified and Financially Able to Conduct a Limousine Service within the City; Carey
Limousine Dallas, Inc., has Complied with the Requirements of Chapter 34 of the City Code;
Carey Limousine Dallas, Inc., Presented Facts in Support of Compelling Demand and Necessity
for Sixty (60) Limousines; the General Welfare of the Citizens of the City will Best be Served by
the Addition of Sixty (60) Limousines Upon City Streets, Alleys and Thoroughfares; and
Adopting Ordinance No. 19015-02-2010 Granting the Privilege of Operating Authority to Carey
Limousine Dallas, 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 Sixty (60)
Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms
and Conditions of the Grant; Providing for Written Acceptance by Carey Limousine Dallas,
Inc.; and Conditioned Upon Carey Limousine Dallas, Inc., Complying with All Requirements of
Chapter 34,Article VI of the Code of the City of Fort Worth (1986), as Amended.
4.M&C G-16829 - Adopting Appropriation Ordinance No. 19016-02-2010 Increasing the
Estimated Receipts and Appropriations in the General Fund in the Amount of$15,000.00, Upon
Receipt of a Payment from Linebarger Goggan Sampson Blair, LLP, for Supplemental Law
Enforcement Services for the Municipal Court Services Department, Under City Secretary
Contract No. 39231 for Collection of Delinquent Parking and Criminal Citations.
5.M&C G-16830 - Adopting Appropriation Ordinance No. 19017-02-2010 Increasing the
Estimated Receipts and Appropriations in the General Fund in the Amount of$25,000.00, Upon
Receipt of a Payment from Linebarger Goggan Blair and Sampson, LLP, Under City Secretary
Contract Nos. 39231, for Promotional and Special Enforcement Efforts in the Municipal Court
Services Department.
6.M&C G-16831 - Authorizing the City Manager to Accept a Monetary Contribution in the
Amount of$100,000.00 from the Fort Worth Botanical Society for the Operation of the Botanic
Garden Education Program and Volunteer Programs; Authorizing the City Manager to Create a
Botanic Garden Education Program Account within the Special Trust Fund; Authorizing the
Transfer of $82,965.00 from the General Fund to the Special Trust Fund; Authorizing the City
Manager to Amend the City's License Agreement with the Fort Worth Botanical Society to
Address the Contribution for the Botanic Garden Education Program; and Adopting
Appropriation Ordinance No. 19018-20-2010 Increasing the Estimated Receipts and
Appropriations in the Special Trust Fund in the Amount of$182,965.00, for the Operation of the
Fort Worth Botanical Society, for the Operation of the Botanic Garden Education and Volunteer
Programs for Fiscal Year 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 4 of 24
(VII. CONSENT AGENDA Continued)
7.M&C G-16832 - Authorizing the City Manager to Transfer $38,288.00 from the Water and
Sewer Fund to the Special Trust Fund; and Adopting Appropriation Ordinance No. 19019-02-
2010 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund from
Available Funds, for the Purpose of Funding for a Period of One (1) Year the Salary and
Benefits of a Senior Maintenance Worker in the Water Conservation Demonstration Garden at
the Fort Worth Botanic Garden.
C.Land- Consent Items
1.M&C L-14923 - Authorizing the City Manager to Execute a Lease Agreement with YMCA
for Approximately 300 Square Feet of Office Space Located at 2400 East Berry Street for the
Police Department, at a Cost of $1.00 Per Year; and Authorizing the Agreement to Begin
September 1, 2009 and Expire August 31, 2010, with Two (2) Twelve (12) Month Renewal
Options.
2.M&C L-14924 - Authorizing the City Manager to Execute a Lease Agreement with Oakwind,
Ltd., for Office Space of Approximately 1,000 Square Feet Located at 6857-A Green Oaks Road
for the Police Department for the Amount of$7,500.00 Annually, Plus the Cost of Utilities.
3.M&C L-14925 - Authorizing the Temporary Road Closure of Old Denton Road Between
Thompson Road and Summerfields Boulevard from February 3, 2010, to March 31, 2010, to
Facilitate Road Construction.
4.M&C L-14926 - Authorizing the Acquisition Fee of 0.339 Acres of Land for Use as Right-of-
Way from Realty Capital Golden Beach, Ltd., Located Along Golden Triangle Boulevard,
Described as a Portion of Tract 1C, J. R. Knight Survey, Abstract No. 902, Fort Worth, Tarrant
County, Texas, in North Fort Worth for the Widening of Golden Triangle Boulevard (DOE 5773,
Project No. 00140); and Finding that the Offer of $277,000.00 is Just Compensation; and
Authorizing the Acceptance and Recording of Appropriate Instruments and Pay the Estimated
Closing Costs of$5,000.00.
D.Planning& Zoning- Consent Items
1.M&C PZ-2867 - Adopting Ordinance No. 19020-02-2010 Vacating and Extinguishing a
Portion of Margaret Street from Birchman Avenue to Calmont Avenue and an Alley in Block 55
of the Factory Place Addition, an Addition to the City of Fort Worth, Tarrant County, Texas;
Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing
Utilities Easements; Authorizing the City Manager to Execute the Conveyance of the Right-of-
Way; 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
FEBRUARY 2, 2010
PAGE 5 of 24
(VII. CONSENT AGENDA Continued)
2.M&C PZ-2868 - Authorizing the City Manager to Initiate Certain Zoning Changes Generally
Bounded by Boca Raton Boulevard, Larkspur Lane, Bridge Street and Fall River Drive from
"G" Intensive Commercial to "E" Neighborhood Commercial, in Accordance with the
Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-24060 - Authorizing the City Manager to Execute an Agreement with Gallagher
Benefit Services, Inc., for Actuarial and Consulting Services on a Fee-for-Service Basis with an
Anticipated First Year Cost of Approximately $50,000.00.
2.M&C C-24061 - Authorizing the City Manager to Execute a Contract at a Cost Not to Exceed
$404,500.00 with Heritage Environmental Services, LLC, for the Transportation, Disposal and
Recycling of Household Hazardous Wastes for a Term of One (1) Year with the Option to Renew
for Three (3) Additional Terms of One (1) Year Each.
3.M&C C-24062 - Authorizing the City Manager to Execute Change Order No. 3 in the Amount
of $27,926.00 to City Secretary Contract No. 39312, a Construction Contract with Industrial
Refractory Services, for the South Incinerator Repairs at the Village Creek Wastewater
Treatment Plant, Thereby Increasing the Contract Amount to $194,064.66.
VIII.PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1.OCS-1757 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
Mayor Moncrief advised that the Presentation on 100 Mentors in 100 Days would be moved up and
considered under Item IX. Special Presentations, Introductions, etc.
IX.SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1.Presentation on 100 Mentors in 100 Days
Mr. Roderick Miles, Tarrant County Community Recruitment Manager, Big Brothers Big Sisters,
provided information about the 100 Mentors in 100 Days program and stated it was an award winning
program sponsored by Big Brothers Big Sisters and recognized by the Texas Education Agency. He
added that Big Brothers Big Sisters partnered with the City last year and were here this year to
reintroduce their campaign. He introduced Marshal Jesse Hernandez, North Texas Big Brother of the
Year, and his wife Shauna Fitzjarrell, and stated they were the Big Couple of the Year.
Marshal Hernandez and Ms. Fitzjarrell provided comments about their experience with the program
and their "little brother" Matthew Gomez and encouraged everyone to get involved and become a Big
Brother or a Big Sister.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 6 of 24
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Hicks recognized the I.M. Terrell Elementary School students from the Gentlemen's
Society who had attended the Council Meeting.
Mayor Moncrief congratulated the young men on their quest to become successful leaders in society
and stated that their future was limited only by their imagination. He added that they were a valuable
part of the City and that they were the future leaders of both the City and nation.
Council Member Hicks announced that the League of Neighborhoods had awarded the West
Meadowbrook Neighborhood, the 2009 Fort Worth Pride Award. She expressed her appreciation to the
neighbors for their contributions and support in District 8.
Council Member Jordan announced that progress was being made on the Southwest Parkway Project
and stated that the Mayor would be attending two groundbreaking ceremonies for the I-20 Interchange
and the section from Highway 67 to Cleburne. He expressed his excitement about the progress and
added that the public had been waiting for forty(40) years for this construction.
Mayor Moncrief expressed appreciation to Council Member Jordan for his time and service with the
Regional Transportation Council and his work on the Southwest Parkway Project. He stated he looked
forward to hearing the good news about the progress of the construction. He also announced that the
Council had received their 175th key to add to their glass jars and added that 175 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
2.Changes in Membership on Boards and Commissions
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Ms. Sundra Davis be appointed to Place 8 on the Minority and Women's Business
Enterprise Advisory Committee effective February 2, 2010, with a term expiring
January 5, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mr. Mason Rice be appointed to the Community Development Council effective
February 2, 2010, 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
FEBRUARY 2, 2010
PAGE 7 of 24
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.RESOLUTIONS
1.A Resolution Appointing Jeff Wentworth to the Dallas-Fort Worth International Airport
Board of Directors (Place 7), Effective February 2, 2010, and with a Term Expiring
January 31, 2014.
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that
Resolution No. 3850-02-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XIV.REPORT OF THE CITY MANAGER
B.General
1.It was the Consensus of the Council that Mayor and Council Communication No. G-16808,
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 Withdrawn from
Consideration.
2.M&C G-16808 - (Revised) Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Specially Funded Capital Projects Fund in the Amount of
$9,248,307.00 from Available Funds for Phase IV of the City's Energy Savings Performance
Contract with Johnson Controls, Inc.; and Confirm Payments Previously Made.
Mr. Lee Hockering, 2701 Hemphill Street, Apartment Number 109, completed a speaker card in
opposition to Mayor and Council Communication No. G-16808, but did not wish to address the
Council.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G-16808 (Revised) be approved and
Appropriation Ordinance No. 19021-02-2010 be adopted. The motion carried
unanimously nine(9) ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 8 of 24
3. M&C G-16811 - Consider a Waiver Request by XTO Energy for a Gas Well Permit and a
Multiple Gas Well Pad Site Permit 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 (Continued
from January 12, 2010) (PUBLIC HEARING).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
City Secretary Hendrix advised that this item had been withdrawn at the request of the applicant.
a.Report of City Staff
There was no report of City staff.
b.Citizen Presentations
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16811 and relative to the close proximity to protected uses, including
residences and schools; environmental and air quality issues; the Texas Commission on Environmental
Quality (TCEQ) report and the conditions under which benzene and other chemical levels were tested;
and the health hazards associated with gas well drilling. They stated that the location of the gas well
sites were predominately located in the lower socio-economic areas in the City and advised that many
property owners in those areas did not understand the document they were signing when they signed
waivers. They also referenced a letter sent by Chesapeake Energy to property owners which they felt
presented false information and requested the City conduct an independent environmental investigation
of every gas well site in and around the City and called for a moratorium on any additional drilling
permits in the City.
Mr. Jim Ashford, 6209 Riverview Circle
Mr. Gary Hogan, 2117 Rolling Creek Run (provided a letter from Chesapeake Energy)
Mr. George Vernon Chiles, 2800 Jennings
Mr. Robert Snoke, 3826 6`h Avenue (provided a letter from Chesapeake Energy)
State Representative Lon Burnam, 1067 West Magnolia(provided excerpts from the TCEQ Report, the
book entitled The Chemical Feast, and the current City Gas Well Drilling Ordinance)
Mr. Paul Sinclair, 2829 Travis Avenue, appeared before Council and requested clarification of a map
given to him by XTO Energy of the gas well pad site relative to the distance measurements listed on
the map.
Ms. Susan Alanis, Director, Planning and Development Department, clarified that the map was correct
and the distance was measured from the pad site boundary to the closest protected use and stated she
would meet with Mr. Sinclair following the Council meeting to further discuss the map.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 9 of 24
(G-16811 Continued)
Mr. Jason Smith, 2230 College Avenue (displayed photographs of his children)
Mr. Victor Martinez, 317 East Drew
Ms. Annette Kellam, 4017 Ryan Avenue (provided maps detailing the location of gas well drilling
sites in the City and provided photographs of her neighborhood park and the Tillery Park)
Mr. Fernando Florez, 2740 Hemphill
Mr. Kendall McCook, 1812 Fairmount Avenue
Ms. Debra Nyul, 2012 Wilshire Boulevard
Ms. Esther McElfish, 7112 Martha Lane, completed a speaker card in opposition to Mayor and Council
Communication No. G-16811, but the item had already been considered.
Mayor Moncrief advised that he requested staff to prepare an item for Council consideration regarding
an independent unbiased study of gas wells in the City and requested Ms. Alanis provide an overview
of the future agenda item.
Ms. Alanis clarified that staff was working with an engineering firm to design a study that would
address the conflicting reports and data that was being received. She stated that the purpose of the
study would be to reconcile the conflicting reports with the new data which would be used to answer
the fundamental questions that had been raised in the community. She further stated that staff would be
engaging a number of stakeholders and neighborhood groups to ensure agreement upon the design of
the study. She noted that a two (2) phase study was being discussed which would focus on testing
during both spring and summer seasons. She added that staff would provide an Informal Report
outlining the plan for development of the study at the February 9, 2010, Council meeting and then
would be appropriating funds as early as February 23, 2010, to move forward with the project.
Mayor Moncrief advised that he intended for the community to be involved in the process and not be
kept in the dark until the results were released.
Council Member Hicks advised that she had received questions regarding the site near Mitchell
Boulevard and stated that site was never considered before Council because it was more than 600 feet
from a protected use. She added that she had requested that the Mitchell Boulevard site be one of the
sites tested in the independent study.
c.Council Action
This item was withdrawn by the Applicant and no formal action was taken by the City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 10 of 24
4. 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 Two (2) Gas Wells on the Wesco Lease Located at 580 Rosedale Street (Continued
from January 12, 2010) (PUBLIC HEARING).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mayor Pro tern Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Mayor Pro tern Scarth left his place at the dais.)
a.Report of City Staff
Ms. Susan Alanis, Director, Planning and Development Department, appeared before Council and
provided a staff report and advised that the applicant had requested that the item be continued to the
March 2, 2010, Council meeting to provide time to resolve the truck route issues.
Council Member Hicks stated she shared in the confusion that was being heard throughout the
community regarding this site. She added that the community needed to have a better understanding
about the possible environmental concerns associated with gas well drilling and how it might affect the
City and stated she would continue this item to the March 2, 2010, Council meeting.
b.Citizen Presentations
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16812 and relative to the close proximity to protected uses, including
residences and schools; environmental, air and water quality issues; the TCEQ report and the
conditions under which benzene and other chemical levels were tested; and the health hazards
associated with gas well drilling and added that the City lead the State in cases of childhood asthma.
They stated that the location of the gas well sites were predominately located in the lower socio-
economic areas in the City and advised that many property owners in those areas did not understand
the document they were signing when they signed waivers. They also referenced a letter sent by
Chesapeake Energy to property owners which they felt presented false information and requested the
City conduct an independent environmental investigation of all gas well sites in and around the City,
requested more gas well Inspectors be hired and called for a moratorium on any additional drilling
permits in the City.
Ms. Esther McElfish, President, representing North Central Texas Community Alliance (NCTCA),
7112 Martha Lane
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 11 of 24
(G-16812 Continued)
State Representative Lon Burnam, 1067 West Magnolia (provided excerpts from the TCEQ
Memorandum dated January 27th, 2010, TCEQ Memorandum dated January 4, 2010, Informal Report
No. 9187, a map of Mobile Monitoring Sites, Talking Pointes for TCEQ Mobile Monitoring Report,
and Press Release of TCEQ Completes Study of Air Emissions in Barnett Shale.)
Mr. Paul Sinclair, 2829 Travis Avenue
Mr. Jim Ashford, 6209 Riverview Circle (displayed a photograph taken at a well site by the TCEQ on
August 27, 2010, in East Fort Worth)
Mr. Grayson Harper, 3605 Bellaire Drive South
Mr. Robert Snoke, 3826 6th Avenue (provided a letter from Chesapeake Energy.)
Mr. Jason Smith, 2230 College Avenue
Mr. Victor Martinez, 317 East Drew
Mr. James Russell, Jr., 3209 Green Avenue, Number 201
Mr. Fernando Florez, 2740 Hemphill, completed a speaker card in opposition to Mayor and Council
Communication No. G-16812,but was not present in the Council Chamber.
Council Member Hicks expressed appreciation to those who attended the meeting to express their
opinions on all of the items on the agenda.
c.Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that the
public hearing be closed and Mayor and Council Communication No. G-16812 be
continued until the March 2, 2010, Council meeting. The motion carried unanimously
eight (8) ayes to zero nays, with one(1) abstention by Mayor Pro tern Scarth.
(Mayor Pro tern Scarth returned to his place at the dais.)
5.M&C G-16833 - Adopt an Ordinance Amending the Code of Ordinances of the City of Fort
Worth, by Amending Article II of Chapter 15, "Gas" Entitled, "Gas Drilling and Production,"
Regulating the Drilling and Production of Gas Wells Within the City to Amend Subsection 17 of
Section 15-42, "Technical Regulations" to Allow Freshwater Fracture Ponds in Designated
FEMA Floodplains or Floodways and to Not Allow them in Future Rights-of-Way.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. G-16833 be approved and Ordinance No.
19022-02-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 12 of 24
6.M&C G-16834 - Approve the Expenditure of Up to $285,354.53 from the City's General Fund
Portion of the Fort Worth Housing Trust Fund to Substitute for Previously Authorized City
HOME Funds for Projects with Mental Health Housing Development Corporation in the
Amount of$38,734.73 and Neighborhood Land Corporation in the Amount of$246,619.80.
Mr. Paul Sinclair, 2829 Travis Avenue, appeared before Council in opposition to Mayor and Council
Communication No. G-16834 and relative to his feelings and concerns on the conspiracy and
corruption in government and requested the Council halt the use of federal funds and grants for all City
programs.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16834 be approved. The motion carried
unanimously nine(9) ayes to zero nays.
7. M&C G-16835 - Consider a Waiver Request by Chesapeake Operating, Inc., for a Gas Well
Permit Less than 600 Feet from a Protected Use to Allow the Drilling of One (1) Gas Well on
Maddox Lease Located at 1700 Mitchell Boulevard (PUBLIC HEARING).
Mayor Moncrief opened the public hearing and stated that the item had been withdrawn by the
applicant. He asked if there was anyone present desiring to be heard.
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.)
a.Report of City Staff
There was no report by City staff.
b.Citizen Presentations
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16835 and relative to the close proximity to protected uses, including
residences and schools; environmental, air and water quality issues; the TCEQ report and the
conditions under which benzene and other chemical levels were tested; and the health hazards
associated with gas well drilling. They stated that the location of the gas well sites were predominately
located in the lower socio-economic areas in the City and advised that many property owners in those
areas did not understand the document they were signing when they signed waivers. They also
referenced a letter sent by Chesapeake Energy to property owners which they felt presented false
information and requested the City conduct an independent environmental investigation of all gas well
sites in and around the City, requested more gas well Inspectors be hired and called for a moratorium
on any additional drilling permits in the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 13 of 24
(G-16835 Continued)
State Representative Lon Burnam, 1067 West Magnolia
Mr. Grayson Harper, 3605 Bellaire Drive South
Mr. Paul Sinclair, 2829 Travis Avenue
The following individuals completed a speaker card in opposition to Mayor and Council
Communication No. G-16835, but were not present in the Council Chamber:
Mr. Jason Smith, 2230 College Avenue
Mr. Jim Ashford, 6209 Riverview Circle
Ms. Terrica Orr, 1504 Withers
c.Council Action
Mayor Moncrief advised that the item had been withdrawn by the applicant and therefore no formal
action would be taken by the City Council.
(Council Member Jordan returned to his place at the dais.)
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 within Blocks 2 and 5 in the Hemphill Heights
Addition to the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in
Said Land; the Retainment of Existing Utility Easements; and Waive Any and All Purchase Fee
Value of the Vacated Land in Accordance with City Policy (M&C G-15624) (Continued from
January 12, 2010).
Mayor Pro tern Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Mayor Pro tem Scarth left his place at the dais.)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. PZ-2865 be continued until the
February 16, 2010, Council meeting. The motion carried unanimously eight (8) ayes to
zero nays, with one (1) abstention by Mayor Pro tern Scarth.
(Mayor Pro tem Scarth returned to his place at the dias.)
Please see Page No. 23 for further action on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 14 of 24
F.Award of Contract
1.It was the Consensus of the Council that Mayor and Council Communication No. C-24029,
Authorize Change Order No. 1. in the Amount of $151,600.00 to City Secretary Contract No.
37972 with Laughley Bridge and Construction, Inc., for Concrete Restoration 2008-1 at Various
Locations and Add McCart Avenue and Bryant Irvin Road to the Contract, be Withdrawn from
Consideration.
2.M&C C-24029 - (Revised) Confirm Change Order No. 1 in the Amount of$151,600.00 to City
Secretary Contract No. 37972 with Laughley Bridge and Construction, Inc., for Concrete
Restoration 2008-1 at Various Locations and for the Addition of McCart Avenue and Bryant
Irvin Road, Thereby Increasing the Total Contract Amount to $765,500.00.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24029 be approved. The motion carried
unanimously nine (9) ayes to zero nays.
3.M&C C-24063 - Approve the Joint Ordinance and Boundary Agreement Between the City of
Lake Worth and the City of Fort Worth Releasing and Accepting Corporate Limits; and
Authorize the Mayor to Execute the Joint Ordinance and Boundary Agreement.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24063 be approved and Ordinance No.
19023-02-2010 be adopted. The motion carried unanimously nine(9) ayes to zero nays.
4.M&C C-24064 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Energy Transfer Fuel, LP, to Install and Operate a Natural Gas Gathering
Pipeline Across Trinity Boulevard at Arlington Bedford Road for a One (1) Time License Fee of
$9,1)62.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24064 be approved. The motion carried
unanimously nine (9) ayes to zero nays.
5.M&C C-24065 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Texas Midstream Gas Services, LLC Granting a License to Construct and
Operate a Natural Gathering Gas Pipeline Across Everman Parkway, East of Crowley Road
(FM 731) for a One (1) Time License Fee of$5,244.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. C-24065 be approved. The motion carried
unanimously nine (9) ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 15 of 24
6. M&C C-24066 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Chesapeake Operating, Inc., to Grant a License to Construct and Operate a
Saltwater Pipeline Across Rockwood Lane, Approximately 945 Feet West of Jacksboro Highway,
for a One (1) Time License Fee of$3,174.00.
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 Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24066 be approved. The motion carried
unanimously eight (8) ayes to zero nays, with one (1) abstention by Council Member
Jordan.
(Council Member Jordan returned to his place at the dais.)
7.M&C C-24067 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Devon Energy, Granting a License to Construct and Operate a Saltwater
Pipeline Across Silver Creek Road, South of Verna Trail for a One (1) Time License Fee of
$2,714.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-24067 be approved. The motion carried
unanimously nine (9) ayes to zero nays.
8.M&C C-24068 - Authorize an Agreement for Street Light Installation Services Citywide with
C&S Utility Contractors Inc., for an Amount Not to Exceed $600.000.00; and Authorize the
Agreement to begin February 2, 2010, and Expire February 1, 2011, with Options to Renew for
Two (2) Additional One (1) Year Periods.
City Manager Fisseler made the following correction to the Fiscal Information Section of Mayor and
Council Communication No. C-24068:
The Financial Management Services Director certifies that funds are available, as appropriated, of the
participating Department.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24068 be approved as amended. The
motion carried unanimously nine (9) ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 16 of 24
9.M&C C-24069 - Authorize a Substantial Amendment to the City's 2003-2004, 2004-2005,
2005-2006 and 2006-2007 Action Plans; Authorize a Change in Use and Expenditure of Up to
$122,153.86 in Prior Years HOME Investment Partnerships Program Grant Funds to the
Neighborhood Land Corporation for the Development of a Single Family House in the Hanna
Ranch Subdivision; Authorize the City Manager or His Designee, to Execute a Contract and Any
Necessary Related Documents with the Neighborhood Land Corporation for the Project for a
One (1) Year Term Beginning on the Date of Execution of the Contract; and Authorize the City
Manager, or His Designee, to Amend or Modify the Contract if Necessary to Achieve Project
Goals Provided that the Amendment is within the Scope of the Project and in Compliance with
City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds.
Mr. Paul Sinclair, 2829 Travis Avenue, appeared before Council in opposition to Mayor and Council
Communication No. C-24069 and relative to his feelings and concerns on the conspiracy and
corruption in the federal government and requested the Council halt the use of federal funds and grants
for all City programs.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24069 be approved. The motion carried
unanimously nine(9) ayes to zero nays.
10.M&C C-24070 - Authorize the Transfer of $13,652,350.00 from the Commercial Paper
Sewer Fund to the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance Increasing
the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund from Available
Funds, for Phase V, Section 1 of the City's Energy Savings Performance Contract at Village
Creek Wastewater Treatment Plant; and Authorize the City Manager to Execute Amendment
No. 4 with Johnson Controls, Inc., in the Amount of$13,577,350.00 to Implement the Contract.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24070 be approved and Appropriation
Ordinance No. 19024-02-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero nays.
11.M&C C-24071 - Authorize the Transfer of $2,109,982.70 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 Construction of the Westside III and Westside IV Water Line Project
Located at 12200 Old Weatherford Road; and Authorize the City Manager to Execute a
Construction Contract in the Amount of $2,085,982.70 with Jackson Construction, Ltd.,
Connecting the Westside Water Treatment Plant to the Existing Potable Water Distribution
System.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 17 of 24
(C-24071 Continued)
Motion: Mayor Pro tern Scarth made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C-24071 be approved and Appropriation Ordinance
No. 19025-02-2010 be adopted. The motion carried unanimously nine (9) ayes to zero
nays.
XV.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)
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 be heard, Council Member Espino made a
motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-087
be denied..The motion carried unanimously nine (9) ayes to zero 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. 13 896 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 January 18, 2010. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
2.Zoning Docket No. ZC-09-120 - City of Fort Worth Planning & Development Department:
Text Amendment: HCLC Preservation Overlay; An Ordinance Amending Article 5, "Historic
Preservation Overlay Districts" to Revise Economic Hardship Criteria; to Establish Criteria for
Contributing and Non-Contributing Structures; to Revise Process to Amend Guidelines; to
Provide for Administrative Approval of Certificate of Appropriateness for Non-Contributing
and Contributing Structures; to Provide that the Appeals Board Shall Remand an Appeal to the
Historic and Cultural Landmarks Commission when New Evidence or Testimony is Available;
and to Amend Chapter 9, "Definitions" to Add Definitions Related to Historic Preservation.
(Recommended for Approval)
Ms. Dana Burghdoff, Deputy Director Planning and Development Department, appeared before
Council and read the following amendment to the text amendment into the record:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 18 of 24
(ZC-09-120 Continued)
Emergency Repair: For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts,
emergency repair means work necessary to remedy a condition determined by the Building Official to
be imminently dangerous to life, health and safety.
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 Espino, that the
Zoning Hearing be closed, and Zoning Docket No. ZC-09-120 be approved, and the
following ordinance be adopted as amended:
ORDINANCE NO. 19026-02-2010
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND
ARTICLE 5, "HISTORIC PRESERVATION OVERLAY DISTRICTS" TO REVISE
ECONOMIC HARDSHIP CRITERIA; TO ESTABLISH CRITERIA FOR
CONTRIBUTING AND NON-CONTRIBUTING STRUCTURES; TO REVISE
PROCESS TO AMEND GUIDELINES; TO PROVIDE FOR ADMINISTRATIVE
APPROVAL OF CERTIFICATE OF APPROPRIATENESS FOR NON-
CONTRIBUTING AND CONTRIBUTING STRUCTURES; TO PROVIDE THAT
THE APPEALS BOARD SHALL REMAND AN APPEAL TO THE HISTORIC AND
CULTURAL LANDMARKS COMMISSION WHEN NEW EVIDENCE OR
TESTIMONY IS AVAILABLE; TO AMEND CHAPTER 9, "DEFINITIONS" TO
ADD DEFINITIONS RELATED TO HISTORIC PRESERVATION; 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.
3.Zoning Docket No. ZC-09-145 - Jose A. Castro, 4901 W. J. Boaz Road from "CR" Low
Density Multi-Family and "E" Neighborhood Commercial to "A-2.5" One-Family.
(Recommended for Approval.)
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-09-145 be approved. The motion carried unanimously nine (9)
ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 19 of 24
4.Zoning Docket No. ZC-10-001 - The First Church of Christ, Scientist, 4705 Camp Bowie
Boulevard from "CF/DD" Community Facilities/Demolition Delay to "E/DD" Neighborhood
Commercial/Demolition Delay. (Recommended for Approval.)
Mr. Michael Hart, 2419 Wabash Avenue, completed a speaker card in support of Zoning Docket No.
ZC-10-001, but did not wish to address the Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-10-001 be approved. The motion carried unanimously nine (9)
ayes to zero nays.
5.Zoning Docket No. ZC-10-002 - G. Jay Hester, Fred Brown and Horizon General Contractors,
Inc., 3308, 3312 Joyce Drive and 3309, 3313 Marquita Drive from "A-5" One-Family to "I"
Light Industrial. (Recommended for Approval)
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Zoning Docket No. ZC-10-002 be approved. The motion carried unanimously nine (9)
ayes to zero nays.
6.Zoning Docket No. ZC-10-003 - Southwestern Baptist Theological Seminary and D. Phillips,
4740, 4744 Gordon Avenue and 4701 Townsend Drive from "B" Two-Family to "CF"
Community Facilities. (Recommended for Approval.)
Mr. David McCarven, representing the Applicant, 600 Six Flags Drive, Arlington, Texas, 76011,
completed a speaker card in support of Zoning Docket No. ZC-10-003, but did not wish to address the
Council.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-10-003 be approved. The motion carried unanimously nine (9)
ayes to zero nays.
7.Zoning Docket No. ZC-1.0-005 - Renaissance Square, LLC, 2900 through 3100 Blocks E. Berry
Street and 3000 Block of Burton Avenue from "A-5" One-Family and "B" Two-Family to "E"
Neighborhood Commercial. (Recommended for Approval as Amended to Deny without
Prejudice 2937 East Berry.)
Mr. Robert L. Smith, Jr., Applicant, 4501 Prairie Parkway, Cedar Falls, Iowa, 50613, completed a
speaker card in support of Zoning Docket No. ZC-10-005, but did not wish to address the Council.
Mr. Michael Clark, representing the Applicant, 6750 Hillcrest Plaza, Number 325, Dallas, Texas,
75230, completed a speaker card in support of Zoning Docket No. ZC-10-005, but did not wish to
address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 20 of 24
(ZC-10-005 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-005 be approved as amended to deny without prejudice 2937
East Berry Street. The motion carried unanimously nine(9) ayes to zero nays.
8.Zoning Docket No. ZC-10-006 - Mark Lambeth, 4901 and 4909 Curzon Avenue from "B"
Two-Family to "PD/SU" Planned Development/Specific Use for Seven (7) Attached Residential
Units in Two (2) Structures and One (1) Detached Residential Unit; Site Plan Included.
(Recommended for Denial.)
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-10-006 be continued until the March 2, 2010, Council meeting.
The motion carried unanimously nine (9) ayes to zero nays.
Mr. Brian Dubberly, Applicant, 4713 Kilpatrick Avenue, appeared before Council in support of
Zoning Docket No. ZC-10-006 and requested the item be continued for sixty (60) days, as he would
like to meet with the neighborhood.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-10-006 be reconsidered. The motion carried unanimously nine
(9) ayes to zero nays.
Mr. W. D. Kimzey, 4821 Curzon Avenue, appeared before Council in opposition to Zoning Docket
No. ZC-10-006 and relative to the dilapidated appearance of the property. He stated the property had
been in violation of the City Code for many years and was cluttered with trash and debris. He added
that the neighborhood was attempting to rebound and build new homes and requested the zoning
change be denied.
The following individuals completed a speaker card in opposition to Zoning Docket ZC-10-006, but
did not wish to address the Council:
Mr. Keith Gilbert, 4832 Curzon Avenue
Ms. Sherri Gilbert, 4832 Curzon Avenue
Council Member Burdette advised that he would visit the property in question and requested that the
concerned citizens contact him for a meeting to discuss the issues.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-10-006 be continued until the April 6, 2010, Council meeting.
The motion carried unanimously nine (9) ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 21 of 24
9.Zoning Docket No. ZC-10-007 - Lewis Bauer, 3431 McCart Avenue from "PD-462" Planned
Development for All Uses in "E" Neighborhood Commercial Plus Woodworking Shop with the
Following Conditions: Only One Overhead Door can be Open During Operating Hours, All
Work to be Performed Indoors, Sales of Alcohol Prohibited, No Outside Storage of Dumpster,
Spray Painting Prohibited, Site Sketch Included in Approval with Landscape and Screening;
Site Plan Waived to Amend "PD-462" to "PD/E" Planned Development for All Uses in "E"
Neighborhood Commercial Plus Wine Storage and Distribution; Sales of Alcohol Prohibited, No
Outside Storage or Dumpster; Site Plan Included. (Recommended for Approval as Amended for
No Outside Storage or Dumpster.)
The following individuals completed a speaker card in support of Zoning Docket ZC-10-007, but did
not wish to address the Council:
Mr. Edward Proctor, Applicant, 4126 Hildring Drive West
Mr. Jeff Linder, representing the Applicant, 4113 Duncan Way
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-007 be approved as amended. The motion carried
unanimously nine (9) ayes to zero nays.
10.Zoning Docket No. ZC-10-008 - Vertex Asset Partners, 1524 East Berry Street from "PD-
692" Planned Development for Certain Uses in "E" Neighborhood Commercial to Amend "PD-
692" to "PD/MU-1" for All Uses in "MU-1" Low Intensity Mixed Use Excluding Auto Parts
Sales, Furniture Upholstering, Refinishing or Resale; Gasoline Sales; Alcohol Sales for Off-
Premise Consumption; and Parking Area or Garage Storage (Commercial or Auxiliary); Site
Plan Waiver Recommended. (Recommended for Approval.)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-008 be continued until the February 16, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero nays.
Please see Page No. 23 for further action on this item.
11.Zoning Docket No. ZC-10-009 - City of Fort Worth Planning & Development Department,
1517 Andante Drive, 1601 Country Manor Road, 7501 Crowley Road, 1516 Sycamore School
Road from "B" Two-Family, "R2" Townhouse/Cluster, "CR" Low Density Multi-Family, and
"C" Medium Density Multi-Family to "A-5" One-Family and "CF" Community Facilities.
(Recommended for Approval.)
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-10-009 be approved. The motion carried unanimously nine (9)
ayes to zero nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2010
PAGE 22 of 24
12.Zoning Docket No. ZC-10-010 - City of Fort Worth Planning & Development Department,
West Meadowbrook Neighborhood, Phase 4, Generally Bounded by Lancaster Avenue,
Edgewood Terrace, the Union Pacific Railroad, and Rampert Street from "A-7.5" One-Family,
"B" Two-Family, "CR" Low Density Multi-Family, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General
Commercial, "J" Medium Industrial, and "PD" Planned Developments 70 and 479 to "A-5"
One-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E"
Neighborhood Commercial, and "FR" General Commercial Restricted. (Recommended for
Approval as Amended and Deny without Prejudice 932 South Ayers.)
Ms. Wanda Conlin, representing the Applicant, 1755 Martel Avenue, appeared before Council in
support of Zoning Docket No. ZC-10-010 and relative to Phase Four (4) in the West Meadowbrook
Neighborhood and expressed appreciation to the Council and City staff for their work on the project.
She added that the business located at 932 South Ayers was a wonderful operation and they were
fortunate to have them in the area.
The following individuals completed a speaker card in support of Zoning Docket ZC-10-010, but did
not wish to address the Council:
Mr. Harvey Roberts, 1651 Watson Road
Ms. Deidra Norris, 4309 Arden Place
Mr. Michael Phipps, 4451 Normandy
Mr. Edward Sakerka, 4451 Normandy
Mr. Bob West, 301 Commerce Street, Suite 3500
Mr. Louis McBee, 2320 Oakland Boulevard, Number 11
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-10-010 be approved as amended and deny without prejudice
932 South Ayers. The motion carried unanimously nine (9) ayes to zero nays.
13.Zoning Docket No. ZC-10-011 - City of Fort Worth Planning & Development Department,
Far Greater Northside Historical Neighborhood, Phase 1, Generally Bounded by Azle Avenue,
Ephriham Avenue, Hanna Avenue, Angle Avenue, Sansom Park, and Proposed Marine Creek
Parkway from "AG" Agricultural, "A-7.5" One-Family, "A-5" One-Family, "B" Two-Family,
"C" Medium Density Multi-Family, "D" High Density Multi-Family, "ER" Neighborhood
Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted,
"F" General Commercial, "I" Light Industrial, and "PD" Planned Developments 318 and 445 to
"AG" Agricultural, "A-5" One-Family, "CR" Low Density Multi-Family, "CF" Community
Facilities, and "E" Neighborhood Commercial. (Recommended for Approval as Amended.)
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2,2010
PAGE 23 of 25
(ZC-10-011 Continued)
Ms. Alma Rosa Puente, 3423 West 29th Street, completed a speaker card in support of Zoning Docket
No. ZC-10-011,but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-10-011 be approved with appreciation to City staff and the
leadership of the Far Greater Northside Historical Neighborhood Association. The
motion carried unanimously nine(9) ayes to zero nays.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by
Council Member Moss,that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19027-02-2010
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.
Due to the fact the City Council meeting scheduled for February 16, 2010, had been canceled by
Resolution No. 3830-12-2009, the continuation of Mayor and Council Communication No. PZ-2865
and Zoning Docket No. ZC-10-008 needed to be reconsidered.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. PZ-2865 and Zoning Docket No. ZC-10-008
be continued until the February 23, 2010, Council meeting. The motion carried
unanimously nine (9)ayes to zero(0) nays.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2,2010
PAGE 24 of 25
XVI.CITIZEN PRESENTATIONS
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and expressed appreciation to the
Water Department staff for their assistance during inclement weather. He also referenced a letter that
appeared in the Fort Worth Star-Telegram in the Cheers Section, regarding Cowboy Santa and he
announced upcoming Bus Stop Santa giveaways and promotions.
Ms. Drevelyn M. Minor, 5212 Bryant Irvin Road, appeared before Council and provided handout
information and invited the local youth to attend a workshop on Basic Manners on April 17, 2010, at
Tarrant County Community College, South Campus and expressed an interest in becoming involved in
the community as a new resident.
Mr. Joe Waller, 2533 Castle Creek, appeared before Council and expressed appreciation to City staff
for their hard work relative to the Lake Worth Vision Plan. He stated they could create a world class
park and also provided copies of the Fort Worth Weekly newspaper which included an article he
referenced by Dan McGraw, entitled, "Greetings from Lake Worth. "
Mr. Gary Hogan, representing NCTCA, 2117 Rolling Creek Run, appeared before Council and
provided handout information regarding the community requested independent environmental impact
study. He requested that an unbiased source, with no relation to the oil and gas industry, conduct the
study. He also requested that an item be added to the study to test the gas production point source for
the potential contamination of surface and storm water runoff.
Pastor Kenneth E. Clerkley, Tabernacle of Praise, 609 Wichita Street, completed a citizen presentation
card and was recognized by the Mayor,but not present in the Council Chamber.
Mayor Moncrief expressed appreciation to those who attended the meeting and stated that City staff
had been directed to locate a company that was not connected to the oil and gas industry but was
familiar with the industry to conduct the study in hopes to eliminate questions that had been raised. He
stated this difficult issue was being taken very seriously by the Council and City staff and added that
his top priority was to protect the citizens and residents of the City.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 2,2010
PAGE 25 of 25
XVIII.ADJOURNMENT
There being no further business,the meeting was adjourned at 9:55 p.m.
These minutes approved by the Fort Worth City Council on the 9th day of February, 2010.
Attest: Approved:
i •
Marty He ! 'x Michael J. M(crief
City Secretary Mayor