HomeMy WebLinkAbout2010/12/07-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
Present
Mayor Mike Moncrief
Mayor Pro tem 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 Joel Burns, District 9
Absent
Council Member Kathleen Hicks, District 8
Staff Present
Dale Fisseler City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
L 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 7:04 p.m., on Tuesday, December 7, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Hicks absent.
IL INVOCATION m Senior Pastor Harold Bullock, Hope Church
The invocation was provided by Senior Pastor Harold Bullock, Hope Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
,� c c
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that the
minutes of the regular meeting of November 16, 2010, be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 2 of 42
City Manager Fisseler requested that Mayor and Council Communication No. C -24630 be withdrawn
from the Consent Agenda for individual consideration.
City Manager Fisseler requested that Mayor and Council Communication No. P -11177 be withdrawn
and replaced with P -11177 (Revised) and Mayor and Council Communication Nos. L- 15096, 15098
and C -24577 be continued until the January 25, 2011, Council meeting.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved as amended. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Council Member Hicks absent.
A. General - Consent Items
1. M &C G -17123 - Decline Acceptance of a Refund of $57,205.37 from the Tarrant Appraisal
District for a Portion of the City of Fort Worth's Assessed Pro Rata Allocation of the Tarrant
Appraisal District 2009 Budget and Authorize the Appraisal District to Allocate the Funds for
Appraisal Software Replacement.
Approved by the City Council as recommended and as follows: Declining Acceptance of a Refund of
$57,205.37 From the Tarrant Appraisal District for a Portion of the City of Fort Worth's Assessed Pro
Rata Allocation of the Tarrant Appraisal District 2009 Budget and Authorizing the Appraisal District
to Allocate the Funds for Appraisal Software Replacement.
2. M &C G -17124 - Authorize Appointments and Reappointments to the City's Construction and
Fire Prevention Board of Appeals, Places 2, 4, 6, 8, and 10.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Appoint and Reappoint the following persons to the City's Construction and Fire Prevention Board of
Appeals, Places 2, 4, 6, 8, 10 and 14, Effective December 7, 2010, and with Terms Expiring
October 1, 2012:
Mr. Allyn Hector (Reappointment) 2 Engineer
Ms. Shelia Bessent (Appointment) 4 Building Owner/Manager
Mr. Gary Jones (Reappointment) 6 Master Electrician
Mr. Martin Troy (Appointment) 8 HVAC Contractor
Mr. Gordon Pritchard (Reappointment) 10 Alternate Engineer
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 3 of 42
(VII. CONSENT AGENDA Continued)
3. M &C G -17125 - Adopt a Resolution Authorizing an Increase to the Maximum Amount to be
Paid to the Law Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with
Legal Matters Concerning Premature Street Failures in an Additional Sum of $145,000.00 and
Adopt Supplemental Appropriation Ordinance and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance of the General Fund by the Same Amount.
Approved by the City Council as recommended and as follows: Adopting Resolution No. 3935 -12-
2010 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for
Assisting the City With Legal Matters Concerning the Water Department and Transportation and
Public Works Contracts and Litigation With an Additional Sum of $145,000.00; and Adopting
Supplemental Appropriation Ordinance No. 19452 -12 -2010 Increasing the Estimated Receipts and
Appropriation in the General Fund in the Amount of $145,000.00 and Decreasing the Unaudited,
Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding Assistance
With Legal Matters Concerning Premature Street Failures.
4. M &C G -17126 - Adopt a Resolution Authorizing an Increase to the Maximum Amount to be
Paid to the Law Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with
Legal Matters in the Lawsuit Entitled City of Fort Worth v. D.R. Horton- Texas., Ltd., and Site
Concrete, Inc., in an Additional Sum of $45,000.00 and Adopt Supplemental Appropriation
Ordinance and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the
General Fund by the Same Amount.
Approved by the City Council as recommended and as follows: Adopting Resolution No. 3936 -12-
2010 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for
Assisting the City With Legal Issues Regarding the Lawsuit Styled City of Fort Worth v. D. R. Horton
— Texas, Ltd., and Site Concrete, Inc., Cause No. 017 - 231717 -08 by $45,000.00; and Adopting
Supplemental Appropriation Ordinance No. 19453 -12 -2010 Increasing the Estimated Receipts and
Appropriations in the General Fund in the Amount of $45,000.00 and Decreasing the Unaudited,
Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Funding Legal
Assistance.
5. M &C G -17127 - Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law
Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., by $45,000.00 for the Prosecution of the
City's Lawsuit Entitled City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause
No. 153 - 222641 -07 and Adopt Supplemental Appropriation Ordinance and Decreasing the
Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount.
Approved by the City Council as recommended and as follows: Adopting Resolution No. 3937 -12-
2010 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 4 of 42
(VII. CONSENT AGENDA Continued)
Assisting the City With Legal Issues Regarding the Lawsuit Styled City of Fort Worth v. Arcadia Park,
L.P., and Site Concrete, Inc., Cause No. 153- 222641 -07 by $45,000.00; and Adopting Supplemental
Appropriation Ordinance No. 19454 -12 -2010 Increasing the Estimated Receipts and Appropriation in
the General Fund by $45,000.00 and Decreasing the Unaudited, Unreserved, Uundesignated Fund
Balance by the Same Amount for the Purpose of Funding Legal Assistance.
6. M &C G -17128 - Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law
Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., by $15,000.00 for the Prosecution of the
City's Lawsuit Entitled City of Fort Worth v. Crawford Farms Investors, Ltd., Glenn Thurman,
Inc., L. H. Lacy Company, Ltd., and Burnsco Construction, Inc., Cause No. 96- 232719 -08 and
Adopt Supplemental Appropriation Ordinance in the General Fund and Decreasing the
Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount.
Approved by the City Council as recommended and as follows: Adopting Resolution No. 3938 -12-
2010 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for
Assisting the City With Legal Matters Regarding the Lawsuit Styled City of Fort Worth v. Crawford
Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy Company, Ltd., and Burnsco Construction,
Inc., Cause No. 96- 232719 -08 With an Additional Sum of $15,000.00; and Adopting Supplemental
Appropriation Ordinance No. 19455 -12 -2010 Increasing the Estimated Receipts and Appropriations in
the General Fund in the Amount of $15,000.00 and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount for the Purpose of Funding Legal Assistance.
7. M &C G -17129 - Authorize the Annual Payment of the City's Assessed Public Water System
Fee in the Amount of $691,308.85 to the Texas Commission on Environmental Quality.
Approved by the City Council as recommended and as follows: Authorizing the Annual Payment of
the City's Assessed Public Water System Fee in the Amount of $691,308.85 to the Texas Commission
on Environmental Quality.
8. M &C G -17130 - Authorize the Temporary Road Closure of Grove Street Between East
Belknap Street and East Bluff Street from December 8, 2010 to February 1, 2011.
Approved by the City Council as recommended and as follows: Authorizing the Temporary Road
Closure of Grove Street Between East Belknap Street and East Bluff Street From December 8, 2010, to
February 1, 2011, to Facilitate Road and Utility Construction Associated With the Tarrant County
College Trinity River East Campus Project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 5 of 42
(VII. CONSENT AGENDA Continued)
9. M &C G -17131 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the Grant Capital Projects Fund in the Amount of $18,187.85.
Approved by the City Council as recommended and as follows: Adopting Appropriation Ordinance
No. 19456 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects
Fund in the Amount of $18,187.85 From Available Funds for the Purpose of Funding Neighborhood
Policing District 3 Project Expenditures.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11183 - Authorize a Purchase Agreement with Protect Environmental Services, Inc.,
for Decontamination Services for an Initial Amount Not to Exceed $100,000.00.
Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement
With Protect Environmental Services, Inc., for Decontamination Services for an Initial Amount Not to
Exceed $100,000.00.
2. M &C P -11184 - Authorize Purchase of Playground Equipment and Accessories for the Parks
and Community Services Department from Total Recreation Products, Inc., as Authorized
Dealer for Playcore Wisconsin, Inc., d /b /a GameTime, Using a U.S. Communities Contract for a
Total Amount of $80,586.50.
Approved by the City Council as recommended and as follows: Authorizing the Purchase of
Playground Equipment and Accessories for the Parks and Community Services Department From
Total Recreation Products, Inc., as the Authorized Dealer for Playcore Wisconsin, Inc., d /b /a
P1ayTime, Using U.S. Communities Contract Number RFP269- 2010 -183 for a Total Amount of
$80,586.50.
C. Land - Consent Items
1. M &C L -15104 - Authorize the Acceptance of a Dedication Deed from Paul and Heidi Power,
at No Cost to the City of Fort Worth for 0.001 Acres of Land for the Right -of -Way Required for
the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road.
Approved by the City Council as recommended and as follows: Authorizing the Acceptance of a
Dedication Deed From Paul and Heidi Power at No Cost to the City of Fort Worth for 0.001 Acre of
Land Described as Lot 1, Block 24, Saginaw North Addition, Fort Worth, Tarrant County, Texas, for
the Right -of -Way Needed for the Widening of Old Decatur Road From Bailey - Boswell Road to W J
Boaz Road; and Authorizing the City Manager, or His Designee, to Accept and Record the
Appropriate Instruments to Complete the Conveyance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 6 of 42
(VII. CONSENT AGENDA Continued)
2. M &C L -15105 - Authorize the Acceptance of a Dedication Deed from Rene and Delia
Morales, at No Cost to the City of Fort Worth for 0.001 Acres of Land for the Right -of -Way
Required for the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road.
Approved by the City Council as recommended and as follows: Authorizing the Acceptance of a
Dedication Deed From Rene and Delia Morales at No Cost to the City of Fort Worth for 0.001 Acre of
Land Described as Lot 1, Block 22, Saginaw North Addition, Fort Worth, Tarrant County, Texas, for
the Right -of -Way Needed for the Widening of Old Decatur Road From Bailey - Boswell Road to W J
Boaz Road; and Authorizing the City Manager, or His Designee, to Accept and Record the
Appropriate Instruments to Complete the Conveyance.
3. M &C L -15106 - Authorize the Acceptance of a Dedication Deed from BNM Properties, L.P.,
at No Cost to the City of Fort Worth for 0.022 Acres of Land for the Right -of -Way Required for
the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road.
Approved by the City Council as recommended and as follows: Authorizing the Acceptance of a
Dedication Deed From BNM Properties, L.P., at No Cost to the City of Fort Worth for 0.022 Acre of
Land Described as Abstract No. 1497, Benjamin Thomas Survey, Fort Worth, Tarrant County, Texas,
for the Right -of -Way Needed for the Widening of Old Decatur Road From Bailey - Boswell Road to W
J Boaz Road; and Authorizing the City Manager, or His Designee, to Accept and Record the
Appropriate Instruments to Complete the Conveyance.
4. M &C L -15107 - Authorize the Purchase of a Fee Simple Interest in 0.053 Acres of Land
Located at North Old Decatur Road from Westgold Realtors, Inc., for a Total of $5,200.00 and
Pay the Estimated Closing Costs of $1,500.00 for Right -of -Way for the Old Decatur Road
Widening Project from Bailey - Boswell Road to W J Boaz Road.
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of a Fee
Simple Interest in 0.053 Acre of Land for Right -of -Way, Located at North Old Decatur Road,
Described as Abstract No. 1601, Tract 1A2, Josiah Walker Survey, Saginaw, Texas, From Westgold
Realtors, Inc.; Finding That the Total Price of $5,200.00 is Just Compensation for the Acquisition; and
Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate
Instruments and to Pay Closing Costs Up to $1,500.00.
5. M &C L -15108 - Authorize the Purchase of 1.011 Acres of Land in Fee for Right -of -Way,
1.909 Acres of Land for Two Temporary Construction Easements, and 0.222 Acres of Land for a
Permanent Drainage Easement Located on Alta Vista Road from Zero Twelve Point Four, L.P.,
for a Total of $350,155.25 and Pay the Estimated Closing Costs of $10,000.00 for the North
Beach Street Widening Project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 7 of 42
(VII. CONSENT AGENDA Continued)
(L -15108 Continued)
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 1.011
Acres of Land, Described as Alta Vista Road, Abstract No. 649, Tr. 1D, William Huff Survey, in Fee
for Right -of -Way and 1.909 Acres of Land for Two (2) Temporary Construction Easements and 0.222
Acres of Land for a Permanent Drainage Easement Located on Alta Vista Road, Fort Worth, Texas,
From Zero Twelve Point Four, L.P.; Finding That the Price of $310,655.25 Offered for the Purchase of
the Right -of -Way and $24,970.00 for the Two (2) Temporary Construction Easements and $14,530.00
for the Drainage Easement is Just Compensation; and Authorizing the City Manager or His Designee
to Accept the Conveyance and Record the Appropriate Instruments, and to Pay Closing Costs Up to
$10,000.00 for the North Beach Street Widening Project.
D. Planning & Zoning - Consent Items
1. M &C PZ -2915 - Authorize the City Manager to Initiate Rezoning of Certain Properties in
Phase Three of the Northside Neighborhood in Accordance with the Comprehensive Plan.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Initiate Certain Zoning Changes in Phase Three of the Northside Neighborhood, From "A -5 One -
Family, "B" Two - Family, "C" Multi- Family, "CF" Community Facilities, "ER" Neighborhood
Commercial Restricted, "E" Neighborhood Commercial, "MU -1" Low Intensity Mixed -Use, "FR"
General Commercial Restricted, "F" General Commercial, "I", "J", "K" Industrial, and "PD" Planned
Development to "A -5" One - Family, "B" Two - Family, "UR" Urban Residential, "CF" Community
Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "MU -1" Low
Intensity Mixed -Use, "MU -2" High Intensity Mixed -Use Historical Overlays Will be Retained, in
Accordance With the Comprehensive Plan.
2. M &C PZ -2916 - Authorize an Application for the Rezoning of 8500 Ray White Road in
Accordance with the Comprehensive Plan.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Initiate a Zoning Change of 8500 Ray White Road, From "C" Medium Density Multi- Family to "A -5"
One - Family in Accordance With the Comprehensive Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 8 of 42
(VII. CONSENT AGENDA Continued)
E. Award of Contract - Consent Items
1. M &C C -24616 - Authorize the Execution of Development Agreements in Lieu of Annexation
with Multiple Property Owners for Property Located Generally East of North Beach Street and
South of Ray White Road and with Multiple Property Owners for Property Located in the 3200
Block of Keller Hicks Road.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Development Agreement Between the City and Multiple Property Owners for the
Application of Development Standards in Lieu of Annexation for Property Described as Area 15 -1:
Alta Vista Road Enclave Located Generally East of North Beach Street and South of Ray White Road
in Unincorporated Tarrant County; and Executing a Development Agreement Between the City and
Multiple Property Owners for the Application of Development Standards in Lieu of Annexation for
Property Described as Area 12: Keller Hicks Road Enclave Located in the 3200 Block of Keller Hicks
Road in Unincorporated Tarrant County.
2. M &C C -24617 - Authorize the Execution of an Encroachment Agreement with The Kimbell
Foundation for the Installation of a Soil Retention System that will Partially Encroach Beneath
the Camp Bowie Boulevard Right -of -Way.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Standard Encroachment Agreement With The Kimbell Foundation for the Installation of a
Soil Retention System That Will Partially Encroach Beneath the Camp Bowie Boulevard Right -of-
Way.
3. M &C C -24618 - Authorize Contract with the Fort Worth Metropolitan Black Chamber of
Commerce to Assist Minority and Women Business Enterprises and Small Businesses for a Cost
Not to Exceed $146,821.00.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract for an Amount Not to Exceed $146,821.00 With the Fort Worth Metropolitan
Black Chamber of Commerce to Assist Minority and Women Business Enterprises and Small
Businesses for the Period of October 1, 2010, Through September 30, 2011.
4. M &C C -24619 - Authorize Contract with the Fort Worth Hispanic Chamber of Commerce to
Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to Exceed
$164,439.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 9 of 42
(VII. CONSENT AGENDA Continued)
(C -24619 Continued)
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract, for an Amount Not to Exceed $164,439.00, With the Fort Worth Hispanic
Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for
the Period of October 1, 2010, Through September 30, 2011.
5. M &C C -24620 - Authorize the Execution of Change Order No. 2 in the Amount of
$160,000.00 to City Secretary Contract No. 40718 with Continental Casualty Company for
Pavement Reconstruction, Drainage Improvements and Water and Sanitary Sewer Main
Replacements on Westcreek Drive from Westfield Avenue to Medina Avenue.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Change Order No. 2 in the Amount of $160,000.00 to City Secretary Contract No. 40718
With Continental Casualty Company for Pavement Reconstruction, Drainage Improvements and Water
and Sanitary Sewer Main Replacements on Westcreek Drive From Westfield Avenue to Medina
Avenue, Thereby Revising the Total Contract Amount to $2,682,738.95.
6. M &C C -24621 - Authorize the Execution of Change Order No. 2 in the Amount of $84,101.43
to City Secretary Contract No. 39523 with JLB Contracting, LLC, for Pavement Reconstruction
and Water and Sanitary Sewer Main Replacements on Portions of Ben Avenue, Jamaica Lane,
Lewis Avenue, Panola Avenue and Ward Street, Contract Group B, District 8 Critical Capital
Program, Project No. 00923.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Change Order No. 2 in the Amount of $84,101.43 to City Secretary Contract No. 39523
With JLB Contracting, L.L.C., for Pavement Reconstruction and Water and Sanitary Sewer Main
Replacements on Portions of Ben Avenue (View Street — East Lancaster Avenue), Jamaica Lane
(Canyon Ridge Drive — Hampshire Boulevard), Lewis Avenue ( Meadowbrook Drive — East Lancaster
Avenue), Panola Avenue (South Collard Street — Jamaica Lane) and Ward Street (Scott Avenue —
Meadowbrook Drive), Thereby Revising the Total Contract Amount to $1,625,337.78.
7. M &C C -24622 - Authorize the Execution of Change Order No. 1 in the Amount of $39,852.60
to City Secretary Contract No. 39680 with Jackson Construction, Ltd., for Pavement and
Drainage Construction on Edwards Ranch Road, Phase 3.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 1 in the Amount of $39,852.60 to City Secretary Contract No. 39680 With
Jackson Construction, Ltd., for Pavement and Drainage Construction on Edwards Ranch Road, Phase
3, Thereby Revising the Total Cost to $2,616,816.25.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 10 of 42
(VII. CONSENT AGENDA Continued)
8. M &C C -24623 - Authorize the Execution of Change Order No. 3 in the Amount of $72,994.21
to City Secretary Contract No. 37653 with Laughley Bridge and Construction, Inc., for
Morningside Neighborhood Drainage Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 3 in the Amount of $72,994.21 to City Secretary Contract No. 37653 With
Laughley Bridge and Construction, Inc., for Morningside Neighborhood Drainage Improvements,
Thereby Revising the Total Contract Amount to $1,429,750.71.
9. M &C C -24624 - Authorize the Execution of Amendment No. 1 to the City Secretary Contract
No. 33118, an Agreement with Lockwood, Andrews & Newnam, Inc., for the East Central
Business District Watershed Planning Study in the Amount of $284,400.00.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 1 to City Secretary Contract No. 33118, an Agreement With Lockwood,
Andrews & Newnam, Inc., for the East Central Business District Watershed Planning Study in the
Amount of $284,400.00 for a Total Contract Price of $516,200.00.
10. M &C C -24625 - Authorize the Execution of a Memorandum of Understanding with the
United States Marshals Service for the Purpose of Receiving Reimbursable Costs of $41,000.00
for Vehicle Fuel and Retrofitting and $85,000.00 in Overtime Funds for the Police Department's
Fugitive Unit to Participate in the Dallas Fort Worth Fugitive Apprehension Strike Team Task
Force and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Memorandum of Understanding With the United States Marshals Service for the Purpose of
Receiving Reimbursable Funds in the Amount of $41,000.00 for Vehicle Fuel and Retrofitting Costs
Incurred by the City for Vehicles Issued to the Police Department's Fugitive Unit and Funds in the
Amount of $85,000.00 in Overtime Costs for the Fugitive Unit's Participation in the Dallas Fort Worth
Fugitive Apprehension Strike Team Task Force; and Adopting Appropriation Ordinance No. 19457-
12 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$126,000.00, Upon Execution of a Memorandum of Understanding for the Purpose of Receiving
Reimbursable Costs.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 11 of 42
(VII. CONSENT AGENDA Continued)
11. M &C C -24626 - Authorize Amendment No. 1 in the Amount of $79,414.00 to City Secretary
Contract No. 38536 with Alan Plummer Associates, Inc., for Sanitary Sewer Main 257 Upper
and Middle Village Creek Parallel Relief Main, Part 2.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 1 in the Amount of $79,414.00 for Additional Services to City Secretary
Contract No. 38536 With Alan Plummer Associates, Inc., for Sanitary Sewer Main 257 Upper and
Middle Village Creek Parallel Relief Main, Part 2, Thereby Increasing the Contract Amount to
$969,090.00.
12. M &C C -24627 - Authorize the Execution of a Construction Contract in the Amount of
$112,298.00 with Northstar Construction, Inc., for Parking Lot Improvements at Carter Park.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract With Northstar Construction, Inc., in the Amount of $112,298.00 for Parking Lot
Improvements at Carter Park.
13. M &C C -24628 - Authorize Grant and Contract with Texas Department of Housing and
Community Affairs for Fiscal Year 2011 Comprehensive Energy Assistance Program Up to a
Total of $8,000,000.00 through December 31, 2011, Authorize Interfund Loan, Adopt
Appropriation Ordinance and Apply Indirect Costs.
Approved by the City Council as recommended and as follows: Authorizing 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 $8,000,000.00 for the Fiscal Year 2011 Comprehensive Energy Assistance
Program; Authorizing a Non - Interest Bearing Interfund Loan From the Fund Balance of the General
Fund to the Grants Fund in the Amount of $320,000.00 for Interim Financing of This Grant Project
Pending Contract Execution; Adopting Appropriation Ordinance No. 19458 -12 -2010 Increasing the
Estimated Receipts and Appropriations in the Grants Fund by $8,000,000.00, Upon Receipt of the
Grant; and Applying Indirect Costs at the Rate of 19.18 Percent, Which is the Most Recently Approved
Rate for This Department, and Applying the New Approved Rate When Available.
14. M &C C -24629 - Authorize a Grant and Contract with the Texas Department of Housing and
Community Affairs for Community Services Block Grant Program Up to a Total of
$1,800,000.00 Through December 31, 2011, Authorize Interfund Loan, Apply Indirect Costs and
Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 12 of 42
(VII. CONSENT AGENDA Continued)
(C -24629 Continued)
Approved by the City Council as recommended and as follows: Authorizing 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 2011 Community Services
Block Grant Program; Authorizing a Non - Interest Bearing Interfund Loan From the Fund Balance of
the General Fund to the Grants Fund in the Amount of $300,000.00 for Interim Financing of This
Grant Project Pending Contract Execution; Adopting Appropriation Ordinance No. 19459 -12 -2010
Increasing the Estimated Receipts and Appropriations in the Grants Fund by $1,800,000.00 Upon
Receipt of the Grant; and Applying Indirect Costs at a Rate of 19.18 Percent, Which is the Most
Recently Approved Rate for This Department and Applying the New Approved Rate When Available.
16. M &C C -24631 - Authorize a Contract in the Amount of $124,460.00 with McClendon
Construction Company, Inc., for Greenway Park Phase II Road and Parking Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract With McClendon Construction Company, Inc., in the Amount of $124,460.00 for
Phase II Road and Parking Lot Improvements at Greenway Park.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1796 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
E. Award of Contract - Consent Items (Removed from Consent for Individual Consideration)
15. M &C C -24630 - Authorize the Execution of an Architectural Agreement in the Amount of
$316,996.00 with Brinkley Sargent Architects, Inc., for Design and Construction Administration
Services for the Far Southwest Community Center.
The recommendation was that the City Council Authorize the City Manager to Execute an
Architectural Agreement in the Amount of $316,996.00 With Brinkley Sargent Architects, Inc., for
Design and Construction Administration Services for the Far Southwest Community Center.
Council Member Jordan disclosed that his wife was an employee of Crowley Independent School
District (CISD) and pointed out that this item involved working with CISD for a joint use facility;
however CISD was not participating in this project at this time. He stated that this item did not involve
CISD and he had been advised by the City Attorney that there was no conflict of interest and he could
vote on the item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 13 of 42
(C -24630 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette that Mayor
and Council Communication No. C -24630 be approved. The motion carried unanimously
eight (8) ayes to (0) nays, with Council Member Hicks absent.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,•
1. Presentation of Proclamation for Human R i is aY
Council Member Burns presented a Proclamation for Human Rights Day to Mr. Estrus Tucker,
Chairman, Fort Worth Human Relations Commission. He stated that recognizing the inherent dignity
and inalienable rights of all human beings was the foundation of the American ideals of freedom and
equality. He further stated that disregard for human rights continued to result in a tragic denial of
fundamental freedoms for individuals in many regions of the world. He pointed out that the Fort Worth
Human Relations Commission acted against discrimination, spoke out against abuse and violations,
advocated justice and protected the victims of human rights violations while simultaneously upholding
the universal responsibility to respect the rights of all people by celebrating the principles of human
dignity and mutual respect. He added that in observance of Human Rights Day, residents of Fort Worth
were asked to come together to promote the importance of cultivating human relations both locally and
globally as a way of fulfilling our duty to protecting the rights of all individuals. He also announced
that the "A Night of Human Rights Films" Event would be on December 9, 2010, at Palko Hall, Amon
G. Carter Lecture Hall on Texas Christian University Campus (TCU). He stated the reception would
begin at 6:30 p.m. and the movies would begin at 7:30 p.m. He advised that seating was limited and
requested those interested provide an RSVP to fwhrc(ea,fortworth o v.org.
Mr. Tucker expressed appreciation to the Mayor and Council for the Proclamation and invited
everyone to attend "A Night of Human Rights Films" Event on December 9, 2010, at TCU.
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that Human Rights Day in
Fort Worth was inappropriate because in his opinion the City discriminated against poor people every
day. He stated the City was trying to place a gap between the projects and downtown. He stated that
the bus routes did not bring riders from poor areas into the downtown areas and added that the bus
stops were too far away from places that the people wanted to go. He also pointed out that there was
not a bus that took riders to the Parade of Lights event. He also stated that the City marketed the bus
system to poor people and added that was discrimination. Mr. Brandon also raised awareness to the
poor condition of some of the bus stops in the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 14 of 42
��ili 1111111111 iii 11411 w w, go IMM
1. Upcoming a nd Recent Events
Council Member Jordan announced that today was Pearl Harbor Day and expressed appreciation to the
greatest generation who protected our freedom during the World War 11 and gave us our great
economy.
Mayor Moncrief also expressed appreciation to the servicemen who were gone and those still with us
for their service during war times. He encouraged everyone to pray for the safety of the men and
women currently serving our country and to keep their families in their thoughts.
Council Member Moss recognized Professor Marshall Hobbs and his students from Tarrant County
College, South Campus, who were attending the meeting to learn more about local government. He
stated that the Lake Arlington Vision Meeting was held on November 20, 2010, and expressed
appreciation to the Planning and Development, Transportation and Public Works and Parks and
Community Services Departments staff for organizing a very comprehensive presentation on the plans
and goals for the area. He stated there were some concerns about the notification process for the
meeting and pointed out that notices were mailed to 915 property owners and interested parties as well
as a reverse 311 call placed to 410 registered phone numbers of property owners in the area. He
announced that a Handley Area Rezoning Meeting would be held on December 9, 2010, from
6:30 p.m., to 7:30 p.m., at the Handley Meadowbrook Community Center, located at 6201 Beaty
Street. He advised for more information to contact Ms. Beth Knight at 817 - 392 -8190 or the District 5
Office at 817 - 392 -8805. He also announced that a Stop Six Sunrise Addition Model Block Meeting
would be held on December 16, 2010, from 6:30 p.m., to 8:00 p.m., at the Tarrant County College
Opportunity Center, located at 5901 Fitzhugh Street. He stated that the Housing and Economic
Development Department staff would provide a presentation on future goals and program
accomplishments to date. He also pointed out that a presentation regarding guidelines that restricted
chain link fencing in the Stop Six Sunrise Addition would be given at the meeting and encouraged all
residents in the area to attend.
Council Member Burns clarified that the Human Rights Event would be held on December 9, 2010, at
the TCU Amon Carter Lecture Hall and pointed out that the reception would begin at 6:30 p.m. and the
movie screenings would begin at 7:30 p.m. He stated that the Fort Worth Museum of Science and
History would commemorate their beginning at De Zavala Elementary School, located at 1419 College
Avenue, in the Fairmount Neighborhood on December 10, 2010, at 10:00 a.m., and invited everyone to
attend the celebration. He also advised that Pascal High School Students started Panthers for Pets,
which was dedicated to improving the lives of shelter pets and encouraged adoption. He stated their
"Keep the Change" Campaign had raised $500.00 and the students donated the money to the Chuck
Silcox Animal Shelter on December 3, 2010. He expressed appreciation to the students for the
donation and their support and added that an adoption event was planned for the future. He also
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 15 of 42
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
announced that TCU would play the University of Wisconsin in the Bowl Championship Series (BCS)
Rose Bowl on January 1, 2011, at 3:30 p.m., in Pasadena, California. He wished the Horned Frogs luck
and encouraged everyone to watch the BCS National Championship game. He also expressed
appreciation to the Police Department and other City staff for their assistance at the Parade of Lights
and added it was a fun and well attended event.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette that Ms.
Sandra Runnels be reappointed to Place 6 on the Fort Worth Commission for Women
effective December 7, 2010, with a term expiring October 1, 2012, and Ms. Sally Allsup be
reappointed to Place 6 on the Urban Design Board, effective December 7, 2010, with a term
expiring October 1, 2012. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 16 of 42
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 17 of 42
(XIII. RESOLUTIONS Continued)
4. A Resolution Reappointing and Appointing Members to the Fort WorthlLansportation
Authorily Executive Committee.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino that the
Resolution be continued until the January 4, 2011, Council meeting. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
XIV. REPORT OF THE CITY MANAGER
B. General
OKUDA
....... ..... .....
The City Council at its meeting of October 26, 2010, continued Mayor and Council Communication
No. G-17097.
The recommendation was that the City Council Accept an In-Kind Donation From the Burnett
Foundation Valued at $1,000,000.00 in the Form of Renovations to Burk Burnett Park.
Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman that
Mayor and Council Communication No. G-17097 be approved with appreciation to the
Burnett Foundation and Downtown Fort Worth, Inc., for the donated improvements to
Burnett Park. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
Mal jwgjj� I I !
... ......
Amendment to the Retirement Ordinance That Will Eliminate the Cost of Liviqg_A(�
jaqMent for
Non-Civil Service Employees Hired On or After April 1, 2011.
The recommendation was that the City Council Adopt a Resolution to Notify the Board of Trustees of
the City of Fort Worth Employees' Retirement Fund That City Council Intends to Consider and Vote
on an Amendment to the Retirement Ordinance That Would Eliminate the Cost of Living Adjustment
for All Non-Civil Service Employees Hired on or After April 1, 2011.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 18 of 42
(G -17132 Continued)
Council Member Burdette advised that the reason he would not support this item was that further
discussion was needed on this matter. He stated that this was the second 90 -day notification to the
Board of Trustees and that approval of this item would not fix the problem. He stated that he was not
sure that this was the best solution and added that if the item was approved the recommendations
would be hard to change.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino that Mayor
and Council Communication No. G -17132 be approved and Resolution No. 3972 -12 -2010
be adopted. The motion carried unanimously seven (7) ayes to one (1) nay, with Council
Member Burdette casting the dissenting vote and Council Member Hicks absent.
Basic f:tnpowertnent Zone Tax Abatement Polic3: and
Empowerment Zone Administrative
Policy Statement. (PUBLIC
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
The recommendation was that the City Council Adopt a Resolution to Terminate the West
7th/University Area as a Neighborhood Empowerment Zone; Adopt Amendments to the Neighborhood
Empowerment Zone (NEZ) Tax Abatement Policy and Basic Incentives; Adopt Amendments to the
NEZ Administrative Procedures; Adopt Amendments to the NEZ Policy Statement; and Authorize the
City Manager to Implement NEZ Policy Amendments.
a. Rer)ort of City Staff
Mr. Jay Chapa, Director, Housing and Economic Development Department, clarified the
recommended changes to the NEZ Policy: He stated staff recommended the elimination of the NEZ
Strategic Plans to create a NEZ and pointed out that because of resource shortfalls only three (3) of the
17 NEZ had strategic plans. He stated that the change would require a Council Member to approve
projects in their districts as a NEZ before the project could be certified as a NEZ and receive any
benefits.
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report. She also clarified the following amendment to the
attachments:
Change the bottom of all attachments except the map to read "Proposed 0*wge-s-December 7, 2010. "
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 19 of 42
(G -17133 Continued)
b. Citizen Presentations
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17133 and relative to the removal of the requirement for a strategic plan for
Neighborhood Empowerment Zones (NEZ). They also stated that the short notice of this policy change
was inadequate. They stated that neighborhood officers would like to continue requiring a strategic
plan but pointed out that it was difficult to coordinate the planning meetings with the City. They
requested the Council delay voting on this item so the residents could better understand how this policy
change would affect the NEZ.
Ms. Tolli Thomas, 5314 Wooten Drive
Ms. Libby Willis, representing Fort Worth League of Neighborhoods, 2300 Primrose Avenue
Mr. Byron Miller, 5321 Wooten Drive, completed a speaker card in opposition to Mayor and Council
No. G- 17133, but did not wish to address the City Council.
c. Council Action
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 20 of 42
(G -17134 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations
c. Council Action
Strike the words "HemphillBerry" and replace with the words "Historic Handley"
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 21 of 42
(G -17135 Continued)
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the
public hearing be closed and Mayor and Council Communication No. G -17135 be approved
as recommended and Resolution No. 3945 -12 -2010 and Ordinance No. 19461 -12 -2010 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
...... .. ...
1
1 Hemphilt/Berry Area as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 7R. (PUBLIC
The recommendation was that the City Council Adopt a Resolution to Revise the Boundary of the
Hemphill/Berry Neighborhood Empowerment Zone to Remove a Small Portion on Seminary and
Berry and Adding Property From the Federal Depot; Conduct a Public Hearing Concerning the
Designation of the Revised Hemphill/Berry Area as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 7R; and Adopt an Ordinance Designating a Certain Area in the City of Fort
Worth as "Neighborhood Empowerment Reinvestment Zone No. 7R, City of Fort Worth Texas ";
Pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 22 of 42
(G -17136 Continued)
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the
public hearing be closed and Mayor and Council Communication No. G -17136 be approved
as recommended and Resolution No. 3946 -12 -2010 and Ordinance No. 19462 -12 -2010 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
11 11 1 11 iirliiiii
1101MIK, MW
I
1
The recommendation was that the City Council Adopt a Resolution Boundary Revision of the
Magnolia Village Neighborhood Empowerment Zone to Include Property on South Hemphill; Conduct
a Public Hearing Concerning the Designation of the Revised Magnolia Village Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 5R; and Adopt an Ordinance Designating a
Certain Area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 5R,
City of Fort Worth, Texas" Pursuant to the Texas Property Redevelopment and Tax Abatement Act,
Tax Code, Chapter 312.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the
public hearing be closed and Mayor and Council Communication No. G -17137 be approved
as recommended and Resolution No. 3947 -12 -2010 and Ordinance No. 19463 -12 -2010 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 23 of 42
The recommendation was that the City Council Adopt a Resolution to Revise the Boundary of the
Rolling Hills Neighborhood Empowerment Zone Extending the Boundary to the Northeast to I35 and
Removing the Area West of Carter Park; Conduct a Public Hearing Concerning the Designation of the
Revised Rolling Hills Area as a Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R;
and Adopt an Ordinance Designating a Certain Area in the City of Fort Worth as "Neighborhood
Empowerment Reinvestment Zone No. 8R, City of Fort Worth, Texas" Pursuant to the Texas Property
Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 24 of 42
(G -17139 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that the
public hearing be closed and Mayor and Council Communication No. G -17139 be approved
as recommended and Resolution No. 3949 -12 -2010 and Ordinance No. 19465 -12 -2010 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
c 1;
.................
U =,.owKW-1
t
The recommendation was that the City Council Adopt a Resolution Designating the Six Points Area as
a Neighborhood Empowerment Zone; Conduct a Public Hearing Concerning the Designation of the
Six Points Area as a Fort Worth Neighborhood Empowerment Reinvestment Zone No. 38; and Adopt
an Ordinance Designating a Certain Area in the City of Fort Worth as "Neighborhood Empowerment
Reinvestment Zone No. 38, City of Fort Worth, Texas" Pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 25 of 42
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 26 of 42
..................
I
The recommendation was that the City Council Conduct a Public Hearing Concerning the Renewal of
the Wedgwood Square Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 24;
and Adopt an Ordinance Renewing and Re- Designating a Certain Area in the City of Fort Worth as
"Neighborhood Empowerment Reinvestment Zone No. 24, City of Fort Worth, Texas" Pursuant to the
Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -17142 and relative to the changes to the NEZ. They also pointed out that the neighbors felt there
was a disconnect between the City and the neighborhood as far as communication of rezoning requests.
They stated that neighborhood supported redevelopment and change in the area but would like to be
involved in the planning meetings with the City regarding redevelopment.
Ms. Tolli Thomas, 5314 Wooten Drive
Mr. Clyde Picht, 5016 Monarda Way
Mr. Byron Miller, 5321 Wooten Drive, completed a speaker card in support of Mayor and Council No.
G- 17142, but did not wish to address the City Council.
c. Council Action
Council Member Jordan advised that this NEZ involved a piece of property owned by Chesapeake
Operating, Inc., and stated he was advised by the City Attorney that this did not pose a conflict of
interest since this was a policy issue and money was not involved. He stated he would vote on this
item.
City Attorney Yett confirmed that Council Member Jordan could vote on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 27 of 42
(G -17142 Continued)
Council Member Jordan stated this was a blighted area and was also planned for a future site of a
commuter train station. He pledged to work with the neighborhood associations and businesses on
future plans for the area.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
public hearing be closed and Mayor and Council Communication No. G -17142 be approved
as recommended and with the pledge to the Wedgwood Square and Wedgwood East
Neighborhood Associations and Businesses on future plans for the area and Ordinance No.
19467 -12 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 28 of 42
C. Purchase of Equipment, Materials, and Services
1 51i Trlili;iri
Kim, 11M
Departments for an Amount of $203,515.00. (Continued from a Previous MeetinyJ
The City Council at its meeting of November 16, 2010, continued Mayor and Council Communication
No. P- 11177.
It was the Consensus of the Council that Mayor and Council Communication No. P -11177 Authorize
the Purchase of Five (5) Heavy Duty Trucks From Sam Pack's Five Star Ford for the Transportation
and Public Works, Water, Fire and Code Compliance Departments for an Amount of $203,515.00 be
Withdrawn From Consideration.
Services, and Code Compliance De artments for a Total Amount of $203,535.00
The recommendation was that the City Council Authorize a Purchase With Sam Pack's Five Star Ford,
LTD., for Five (5) Heavy Duty Trucks for the Transportation and Public Works, Water, Fire
Equipment Services and Code Compliance Departments for a Total Amount of $203,535.00.
Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. P -11177 (Revised) be approved as recommended.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Hicks absent.
11 ,
Department the Fire
The recommendation was that the City Council Authorize a Purchase Agreement With Fisher
Scientific Company, L.L.C., for a Decontamination Trailer Using the Houston - Galveston Area Council
Cooperative Contract EP 11-06 for the Fire Department for a Total Amount of $167,127.07.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. P -11185 be approved as recommended. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 29 of 42
D. Land
Within a Citv of Fort Worth Draina2e Easement Located Just East of and Adiacent to the
Railroad Tracks Between Altamesa Boulevard and Hallmark Drive
Previous Meeting)
The City Council at its meeting of November 9, 2010, continued Mayor and Council Communication
No. L- 15096.
It was the Consensus of the Council that Mayor and Council Communication No. L -15096 Authorize
the Execution of an Encroachment License Agreement With Texas Midstream Gas Services, L.L.C.,
for a 24 -Inch Natural Gas Pipeline Within a City of Fort Worth Drainage Easement Located Just East
of and Adjacent to the Railroad Tracks Between Altamesa Boulevard and Hallmark Drive West in the
Amount of $46,827.68 for a Term of 20 Years be continued until the January 25, 2011, Council
meeting.
Ms. Tolli Thomas, 5314 Wooten Drive, completed a speaker card in opposition to Mayor and Council
Communication No. L- 15096, but did not wish to address the City Council.
PA i < <
c �..
Pipeline c cross Cit in the G. Herrera Surve c. -2027
1 1 .
The City Council at its meeting of November 9, 2010, continued Mayor and Council Communication
No. L- 15098.
It was the Consensus of the Council that Mayor and Council Communication No. L -15098 Authorize
the Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services,
L.L.C., for a 24 -Inch Natural Gas Pipeline Across City -Owned Property Situated in the G. Herrera
Survey, A -2027 and Located West of Trimble Drive and North of Sheffield Drive in the Amount of
$33,927.41 for a Term of 20 Years be continued until the January 25, 2011, Council meeting.
Ms. Tolli Thomas, 5314 Wooten Drive, completed a speaker card in opposition to Mayor and Council
Communication No. L- 15098, but did not wish to address the City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 30 of 42
E. Planning & Zoning
......... ......... ......... ......,
South of Keller Hicks Road.
The recommendation was that the City Council Institute and Consider the Adoption of an Ordinance
Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 194.1 Acre Tract of Land Situated in the J.
Billingsley Survey, Abstract Number 70; the J.L. Hansbrough Survey, Abstract 747; and the J. R.
Knight Survey, Abstract 902, Situated About 11.5 Miles North 16 Degrees East of the Courthouse,
Tarrant County, Texas (Case No. AX -07 -005) Which Said Territory Lies Adjacent to and Adjoins the
Present Corporate Boundary Limits of Fort Worth, Texas; Providing That the Territory Annexed Shall
Bear its Pro Rata Part of Taxes; Providing That the Inhabitants Thereof Shall Have all the Privileges of
all the Citizens of Fort Worth, Texas; Providing That This Ordinance Shall Amend Every Prior
Ordinance in Conflict Herewith.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. PZ -2917 be approved as recommended and Ordinance
No. 19469 -12 -2012 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Hicks absent.
Boulevard.
The recommendation was that the City Council Institute and Consider the Adoption of an Ordinance
Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 336.4 Acre Tract of Land Situated in the F.
Cuella Survey, A -266; the W. McCowen Survey, A -999; the J. H. Eastman Survey, A -501, the H.
Davidson Survey, A -437; and J. Billingsley Survey, A -70, Situated About 12.2 Miles North 10
Degrees East of the Courthouse, Tarrant County, Texas (Case No. AX -07 -006) Which Said Territory
Lies Adjacent to and Adjoins the Present Corporate Boundary Limits of Fort Worth, Texas; Providing
That the Territory Annexed Shall Bear its Pro Rata Part of Taxes; Providing That the Inhabitants
Thereof Shall Have all the Privileges of all the Citizens of Fort Worth, Texas; Providing That This
Ordinance Shall Amend Every Prior Ordinance in Conflict Herewith.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. PZ -2918 be approved as recommended and Ordinance
No. 19470 -12 -2012 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 31 of 42
1110111 11111111
�,.. lu
The recommendation was that the City Council Institute and Consider the Adoption of an Ordinance
Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 3.2 Acre Tract of Land Situated in the Jesse
Billingsley Survey, Abstract Number 70, Situated About 13.0 Miles North 18 Degrees East of the
Courthouse, Tarrant County, Texas (Case No. AX -07 -008) Which Said Territory Lies Adjacent to and
Adjoins the Present Corporate Boundary Limits of Fort Worth, Texas; Providing That the Territory
Annexed Shall Bear its Pro Rata Part of Taxes; Providing That the Inhabitants Thereof Shall Have all
the Privileges of all the Citizens of Fort Worth, Texas; Providing That This Ordinance Shall Amend
Every Prior Ordinance in Conflict Herewith.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. PZ -2919 be approved as recommended and Ordinance
No. 19471 -12 -2012 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Hicks absent.
F. Award of Contract
< <
a One-Time License Fee of $15,193.75. (Continued from a Previous Me
The City Council at its meeting of November 9, 2010, continued Mayor and Council Communication
No. C- 24577.
It was the Consensus of the Council that Mayor and Council Communication No. C- 24577, Authorize
the City Manager to Execute a Public Right -of -Way Use Agreement With Texas Midstream Gas
Services, L.L.C., Granting a License to Construct and Operate a Natural Gas Gathering Pipeline
Across Sycamore School Road, Alta Mesa Boulevard and Sheffield Drive, for a One (1) Time License
Fee of $15,193.75, be continued until the January 25, 2011, Council meeting.
1'
Inc., in the Amount of $1,059,391.00 for Phase 3 of the Modern Streetcar Planning and DesigLi
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 32 of 42
(G -24632 Continued)
The recommendation was that the City Council Approve a Resolution Reaffirming Support for the
Modern Streetcar Project and Authorizing Phase Three (3) of the Planning and Design Study for a
Modern Streetcar System; and Authorize the City Manager to Amend the Professional Services
Agreement With HDR Engineering, Inc., in the Amount of $1,059,391.00 for the Preparation of
Preliminary Engineering and Environmental Documents for the Modern Streetcar Project.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified the following
amendment to Item 3 of the resolution:
3.
Upon completion of an acceptable financial plan,
preliminary engineering plans and environmental documents that meet FTA requirements, the City
Council will urge The T to apply for and accept the Urban Circulator grant;
The following individuals appeared before Council in support of Mayor and Council Communication
No. C -24632 and stated the modern streetcar program was a way to plan for the future and would
move the City into the 21" century. They stated that the federal government would spend the $25M
grant funding in a neighboring City if the program did not move forward. They further stated this item
was to continue funding the study to determine if this was a viable option, not to fund the actual
streetcars. They added that the citizens deserved to know all of the facts relative to the streetcar study
and how it would benefit the citizens and visitors.
Ms. Susan Harper, 2248 5th Avenue
Mr. Jamie Terrell, 417 Kelley Court
Ms. Susan Halsey, 3762 Stoney Creek Court
Ms. Nina Petty, Modern Street Car Task Force Member, 1500 Houston Street (provided a handout).
Ms. Fran McCarthy, 2245 5th Avenue
Mr. Marc Richards, 701 East Bluff Street, Apt 2207
Mr. Nelson Claytor, 1723 5th Avenue
Mr. Michael McDermott, 1710 Fairmount Avenue
Mr. Christopher Brassard, 1200 South Adams Street
Ms. Janet Saltsgiver, 519 Woodrow Avenue
The following individuals completed speaker cards in support of Mayor and Council Communication
No. C- 24632, but did not wish to address the City Council.
Mr. Hubert Foster, Sr., 100 Lindenwood Drive
Mr. Jonathan Marut, 2325 Aster Avenue
Mr. Jeff Davis, (did not provide address)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 33 of 42
(G -24632 Continued)
Mr. Jeff Stvan, 1142 South Adams Street
Mr. Guy Manning, 1407 Texas Street, Suite 102
Ms. Jane Wedding, 1505 6th Avenue
Mr. Brian McCarthy, 4813 Westridge Avenue
Mr. Robert Wedding, 1724 5th Avenue
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. C -24632 and encouraged the Council to deny this item. They stated that the
projected $334 million in new residential and commercial development along the line was too high
without facts to back up the study. They also stated that neither the City nor the federal government
had the money to be spending on the program. They also advised that the residents in the outlying
areas of the City who needed alternative transportation would not be served. They pointed out that the
initiative was too costly for a program that would serve a small percentage of the City's population.
Ms. Irene Kjornes, 6176 Wrigley Way
Ms. Jihada Gilcrease, 4521 Calmont Avenue
Mr. Jim Korenek, 500 Throckmorton Street, Unit 603 (provided a handout)
Mr. Joe Bailey, 920 North Bailey Avenue
Mr. Don Woodward, 3921 Stonehenge Road
Mr. Clyde Picht, 5016 Monarda Way
Mr. Cleveland Harris, 1037 Colvin Street
Mr. Michael Phipps, 4451 Normandy Road
Mr. Paul Rudisill, 12813 Travers Trail
Mr. Ronald Slate, 7017 Sandalwood Lane
Ms. Beverly Branham, 6487 Woodstock Road, completed a speaker card in opposition of Mayor and
Council Communication No. 24632 and was recognized by Mayor Moncrief but was not present in the
Council Chamber.
Mayor Moncrief, Mayor Pro tem Scarth and Council Members Burdette, Zimmerman and Jordan all
expressed their opposition to this item. They also expressed appreciation to everyone who attended the
meeting or contacted the City to show their support or opposition. They also expressed appreciation to
City staff and the Streetcar Task Force for their assistance relative to the program. They stated that this
starter line program would serve about one (1) percent of the City's population and when completed
would only serve about three (3) to four (4) percent. They further stated that they had real concerns
about funding the program. They stated that the assumption that the residents would take on operating
costs and the unknown health of the Tax Increment Financing District in the future made forging ahead
a risky proposition for taxpayers. They pointed out that the street car was a "last mile" solution and the
City needed to focus more on light rail to move people from outlying areas of the City into
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 34 of 42
(G -24632 Continued)
downtown which would remove more vehicles from major roadways. They stated that the streetcar
was not an answer to transportation issues because it served too few people and the money collected
from the ridership did not come close to paying for the program. They stated that this was not the end
of the discussion about the modern streetcar and discussions should continue in the future but with
investors and not taxpayers bearing the burden of the cost. They added that they hoped to use a number
of the creative ideas that were presented during the study to assist with transportation issues.
Council Members Burns, Moss and Espino all expressed their support for this item and expressed
appreciation to all who attended the meeting and sent letters of support or opposition. They also
expressed appreciation to City staff and the Streetcar Task Force for their assistance relative to the
program. They stated this was an example of how the public process worked. They stated that this
project promoted an environmentally friendly transportation option and was a big step toward the
dream of downtown as a fully functional and livable urban center. They stated that proven by every
economic study, investment in streetcars created billions in economic development and would bring a
number of job opportunities to the area. They stated by not proceeding with the program, the City was
taking those job opportunities away from the Fort Worth community. They also agreed that this was
not the end of the conversation about streetcars and the related transportation needs of the City. They
pointed out that if the Council was to realize the City's potential as an important, major United States
city and provide economic opportunities to the citizens, then they must not fail to plan for the future.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24633 be denied. The motion was denied five
(5) ayes to three (3) nays, with Council Members Burns, Espino and Moss casting the
dissenting votes and Council Member Hicks absent.
(Council Member Zimmerman left his place at the dais).
11-11,010,011,111,001
The recommendation was that the City Council Authorize an Agreement With the United Way of
Tarrant County in the Amount of $2,393,356.00 for the Implementation of Programs Described as the
City's Responsibility in Directions Home, the City's Homelessness Plan; Authorize the City Manager,
or His Designee, to Extend or Renew the Agreement for Up to One (1) Year if the United Way of
Tarrant County Requests an Extension and it is Necessary for the Completion of the Program; and
Authorize the City Manager, or His Designee, to Amend the Agreement if Necessary to Achieve
Program Goals Provided That the Amendment is Within the Scope of the Program and in Compliance
With Applicable Laws.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 35 of 42
(C -24633 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24633 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Zimmerman and
Council Member Hicks absent.
.................
1.
Jill
Grant Contracts, Authorize An, Interfurld 'Loan, for, Tiscal'Year Ewe,nditures,, Authorize,
pliiliulj,.W.Wlx'U"xmw,oiulljljlxlo��,, '! c c I'll
The recommendation was that the City Council Ratify the Fire Department, Office of Emergency
Management, Application for and Acceptance of, if Awarded, an Amount Not to Exceed
$5,010,789.09 in Fiscal Year 2010 Homeland Security Grant Funds From the State of Texas, Division
of Emergency Management, Consisting of
• Urban Area Security Initiative Grant (CFDA No. 97.008): $3,590,615.11;
• Urban Area Security Initiative - LEAP (CFDA No. 97.008): $1,093,447.00;
• Metropolitan Medical Response System (MMRS) Grant (CFDA No. 97.071): $317,419.00;
• Citizen Corps Program (CCP) Grant (CFDA No. 97.053): $9,307.98
• Combined Total Award: $5,010,789.09;
Authorize a Non — Interest Bearing Interfund Loan From the General Fund to the Grants Fund of
Approximately $1,252,697.25, for Interim Financing to Secure Continuation of Homeland Security
Grant Program From One (1) Grant Funding Period to the Next; Ratify the City Manager's Execution
of All Applicable Grant Contracts; and Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Grants Fund in the Amount of $5,010,789.09, Upon Receipt of the
Homeland Security Grant Funds From the State of Texas, Division of Emergency Management, for the
Purpose of Assisting Communities to Enhance Their Capability to Prevent, Respond To and Recover
From Acts of Terrorism and Natural Disasters.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -24634 be approved as recommended and Appropriation
Ordinance No. 19472 -12 -2012 be adopted. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Members Zimmerman and Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 36 of 42
The recommendation was that the City Council Authorize the City Manager to Execute a Construction
Contract With Rebcon, Inc., in the Amount of $2,403,179.90 for the Construction of the Phyllis J.
Tilley Memorial Bridge; Authorize Acceptance of a Monetary Donation in the Amount of $200,000.00
From Streams and Valleys, Inc.; Adopt an Appropriation Ordinance Increasing the Estimated Receipts
and Appropriations in the Park Improvements Fund in the Amount of $200,000.00, Upon Receipt
of the Donation; and Adopt an Ordinance Finding That Conditions Have Materially Changed so That
the Expenditure of $50,000.00 in Unspecified Park Development Funds Designated for Use Within
District 7 Should be Used for a Project That Will Benefit Residents of District 7 but is Located Outside
the District Boundaries; Authorizing $50,000.00 in 2004 Capital Improvement Program Funds
Designated for Unspecified Park Development Within District 7 be Used for the Tilley Bridge Project,
Which Will Benefit Residents of District 7.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 37 of 42
(ZC-10-149 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC-10-149 be continued until the December 14, 2010, Council meeting. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks
absent.
Los= 9,
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC-10-150A be continued until the February 1, 2011 Council meeting. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks
absent.
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.............................................
Vaml
Mr. Coy Quine, 301 South Sherman, Suite 100, Richardson, Texas 75081, completed a speaker card in
support of Zoning Docket No. SP -10 -007, but did not wish to address the City Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC- 10-007 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays, with Council Member Hicks absent.
.................... ....................... .............
Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC- 10- 176 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Council Member Hicks absent.
UJIMICUIRMWI 11141ou"44MIA111
Keller Road; from: Unzoned to: "A-10" One-Familv, "CF ' Communitv FacilLities, "E"
Nei2hborhood Commercial, and "I" Light Industrial. (Recommended for Approval)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 38 of 42
(ZC -10 -179 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -179 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays, with Council Member Hicks absent.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -181 be approved with appreciation to the Northside Neighborhood
Association. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
'11111111 11TARRI 55171111111111 12i 1111111 9111
1 11„
1 1
Nei2hborhood/Historic & Cultural Overlay. (Recommended for Approvall
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC -10 -182 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays, with Council Member Hicks absent.
8. Zoning Docket No. ZC -10 -183 - City of Fort Worth Planning and Development: Text
Amendment, Mixed Use Districts Amendment: 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: to amend a Mixed -Use Zoning District, Section
4.902, "Low Intensity Mixed -Use" (MU -1) District and establish Development Standards for the
district; amending Chapter 9 to add definitions related to Low Intensity Mixed -Use
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 39 of 42
(ZC -10 -183 -A Continued)
District(MUI); a Mixed -Use Zoning District, Section 4.903, "Low Intensity Greenfield Mixed -
Use" (MU -1G) District and establish Development Standards for the District; Amending
Chapter 9 to add definitions related to Low Intensity Greenfield Mixed -Use District (MU1 -G);
a Mixed -Use Zoning District, Section 4.1001, "High Intensity Mixed -Use" (MU -2) District and
establish Development Standards for the District (MU2); a Mixed -Use Zoning District, Section
4.1002, "High Intensity Greenfield Mixed -Use" (MU -2G) District and establish Development
Standards for the District (MU2 -G); (Recommended for Approval)
The following individuals completed speaker cards in opposition to Zoning Docket No. ZC -10 -183 A-
D, but did not wish to address the City Council.
Ms. Tolli Thomas, 5314 Wooten Drive
Mr. Byron Miller, 5321 Wooten Drive
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan that
Zoning Docket No. ZC -10 -183 be continued until the February 1, 2011, Council meeting.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Hicks absent.
Mr. Mike Brennan, 1109 Mistletoe Drive, appeared before Council in support of Zoning Docket No.
ZC -10 -184 and explained that the changes were to amend the regulations for building height and
projecting signs, clarify the application of roof slope standards, provide additional regulations for "N"
Zones and correct references for established and projecting yards. He stated the proposed changes
reflected the needs of the market and other issues that had been revealed through development in the
area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 40 of 42
(ZC -10 -184 Continued)
Council Member Burns clarified that anyone could seek a variance to the guidelines through the Board
of Adjustment process.
Mr. Chris Bryan, 4549 Knoll Ridge, appeared before Council in opposition to Zoning Docket No. ZC-
10 -184 and relative to notification of the zoning change. He stated they were developing property
along Rosedale and the owners were unaware of the zoning change. He requested the Council delay
voting on the item in order for the property owners to better understand the economic impact on the
land value, parking requirements and the types of businesses that are trying to enter the market. He
stated that the second story amendment would hinder several project from moving forward if this
zoning change was approved.
Council Member Burns requested clarification of what was meant by the "second story amendment."
Mr. Bryan advised that it was his understanding that the buildings along Rosedale would have a height
requirement equal to a second story building. He stated that street level development was in demand
and second story or higher development was not in demand in the area, which made it hard to bring in
developers.
Council Member Burns advised this item went through the proper zoning hearings and urban design
process. He stated that he had not yet heard a compelling reason not to approve this item. He advised
that he would make a motion to continue this item for 30 days but intended on voting on the item at the
January 4, 2011, City Council Meeting.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC -10 -184 be continued until the January 4, 2011, Council meeting.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Hicks absent.
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 Burns made a motion, seconded by
Council Member Zimmerman, that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 41 of 42
ORDINANCE NO. 19475 -12 -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 eight (8) ayes to zero (0) nays, with Council Member Hicks absent
XVI. CITIZEN PRESENTATIONS
Mr. Jackie Gouge, 824 West Drew Street, appeared before Council relative to the Atheist signage on
several of The T buses. He stated the signage was negative publicity for the City and requested the
signage be removed from the buses.
Mr. Cleveland Harris, 1037 Colvin Street, appeared before Council relative to parking meters in the
City and a citation he received for not parking within the white lines. He stated that the cars in front
and behind his vehicle were not parked within the lines and advised the Municipal Court Judge that a
sign was not displayed stating that vehicles must be parked within the white lines. He stated that the
Municipal Court Judge advised that the sign was located on the parking meter. Mr. Harris displayed
photographs of the meters and on street parking in several areas within the City and advised that there
was no information relative to parking within the white lines on or around the meters.
Mr. Harris was referred to Assistant City Manager Fernando Costa for resolution and staff was directed
to review the parking ordinance and post signage accordingly.
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and made inquiries relative to City
Manager Fisseler's activities after retirement from the City. He also displayed a photograph of a
Downtown Fort Worth, Inc., sign which notified patrons that despite the construction, stores and
restaurants were still open for business. He stated the sign stated other stores that were opening soon
and stated the City should not be marketing their business deals. He showed a photograph of a sign in
Sundance Square that directed visitors to the Park Central Hotel through the construction area. He
stated it was not a City sign and was a code violation. He also displayed Bus Stop Santa pictures as
well as a enhanced photograph of a street car in the Trinity River.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2010
PAGE 42 of 42
XVIII. ADJOURNMENT
There being no further business the meeting was adjourned at 10:22 p.m.
These minutes approved by the Fort Worth City Council on the 14th day of December, 2010.
Attest:
PN&i4�
Marty Herkdrix
City Secretary
Approved: