HomeMy WebLinkAbout2009/01/06-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
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 Daniel Scarth, District 4
Staff Members 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 7:05 p.m. on Tuesday, January 6, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m Pastor Jeff Harris, Christ Community Church
The invocation was provided by Pastor Jeff Harris, Christ Community Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF T[JESDAY,
DECEMBER , 2
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that the
minutes of the regular meeting of December 16, 2008, be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC
There were no special presentations, introductions, etc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 2 of 23
VI.ANNOUNCEMENTS AND STAFF
1. Upcoming a nd Recent Events
Council Member Jordan announced that a District 6 Town Hall meeting would take place on Monday,
January 12, 2009, at 6:30 p.m. at North Crowley High School, 9100 South Hulen Street, to introduce
the new Police Chief, Jeff Halstead. He added that City staff would also be present to
answer questions and address issues related to the City of Fort Worth and District 6. He invited
everyone to attend.
Council Member Moss announced that a Fort Worth Police Department Public Awareness Forum
would take place on Monday, January 12, 2009, from 7:00 p.m. to 8:00 p.m. at the Rising Star Baptist
Church, 4216 Avenue M, for the purpose of building a better verbal dialogue between the community
and the Police Department to maintain a continuing working relationship and address various concerns
of the community. He added that Chief Halstead was also scheduled to be present and City staff would
be there to address issues and concerns that the community might have. He invited everyone to attend.
Council Member Burns announced the North Central Texas Council of Governments would be holding
an Open House on Wednesday, January 7, 2009, at 6:30 p.m. at the Intermodal Transportation Center
at 1001 Jones Street, to discuss the Mobility 20/30 Plan. He stated that an article in the Fort Worth
Star-Telegram Editorial Section from Monday, January 11, 2009, indicated that the open house would
be an opportunity for citizens to learn more about transportation developments, offer recommendations
and help to set priorities for transportation improvements in the City of Fort Worth and throughout the
region. He added that a meeting to discuss the proposed South Central Community Center introduced
in the 2004 Bond Package would be held on Thursday, January 8, 2009, at 6:30 p.m. at the Travis
Avenue Baptist Church, 800 West Berry Street. He invited everyone to attend these meetings.
Council Member Espino expressed appreciation Mr. Harold Pitchford, Assistant Director, Parks and
Community Services Department, City staff, and the YMCA of Metropolitan Fort Worth for the ribbon
cutting and dedication held on Monday, January 5, 2009, at the Northpark YMCA, 9100 North Beach
Street, in far north Fort Worth. He added that it was an 18,000 square foot facility equipped with
fitness center, meeting space and splash park. He addressed monetary contributions made by the City
and the YMCA toward the new complex. Council Member Espino also recognized Mr. John Martinek,
an 89-year old World War II veteran, who was provided with a brand new home at 2559 Bruce
Avenue, Sunday, December 21, 2008. Council Member Espino stated that he attended the dedication
ceremony and expressed appreciation to builders, Trinity Habitat for Humanity and Cheldan Homes,
for providing such a generous gift to the war veteran who had served the country admirably and who
had recently lost his home in a fire. He commended the neighbor of Mr. Martinek's, Ms. Lidia Perez,
who provided temporary living arrangements to Mr. Martinek and held a garage sale that helped fund
the building of his new home. He added that this was a wonderful story and showed the generosity of
the citizens of Fort Worth and North Texas.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 3 of 23
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mayor Moncrief addressed the challenges the City would face for the next budget year. He stated that
Council could overcome the challenges and find a balance for the quality of life and with as little
impact to the citizens as possible.
2.Recognition of Citizens
There were no citizens recognized.
VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Dale Fisseler requested that Mayor and Council Communication No. G-16415 be
withdrawn from consideration and that G-16229 be continued until the February 3, 2009, Council
meeting.
IX.CONSENT AGENDA
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved as follows. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
OCS-1701-Notice of Claims for Alleged Damages and/or Injuries
OCS-1702-Liability Bonds Approval
Parkway Contractor Insurance Company
Econ Concrete Construction RLI Insurance Company
Guadalupe Torres Western Surety Company
03 Concrete Contractors, Inc. American Safety Casualty Insurance Company
Metric Concrete Services, Inc. SureTec Insurance Company
Westrom and Walling Developers, LP Merchants Bonding Company (Mutual)
Jeff Brooks DBA B&B Concrete Western Surety Company
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 4 of 23
(IX. CONSENT AGENDA Continued)
M&C G-16411 - Approving a Budget Amendment for the South Hemphill Heights Model Blocks
Grant to Reallocate Funds from the Minor Home Repair Program to the Old Fire Station No. 10
Rehabilitation Project in the Amount of$90,100.00.
M&C G-16412 - Authorizing the Temporary Closure of West 9th Street between Throckmorton
Street and Houston Street from January 14, 2009, until February 24, 2009, to Facilitate
Construction of Sanitary Sewer Improvements.
M&C G-16413 - Authorizing Temporary Closure of W.R. Watt Drive from Harley Avenue to
Burnett-Tandy Drive, Burnett-Tandy Drive West to Gendy Street, Gendy Street from Burnett-
Tandy Drive North to Lancaster Avenue and Trinity Park Drive from University Drive to
Crestline Road, During Specified Times Beginning Monday, January 12, 2009, until Monday,
February 9, 2009, for the Southwestern Exposition and Livestock Show.
M&C G-16414 - Appointing Juan Paredes and David Olazaba as Substitute Hearing Officers for
Municipal Court Services for a Two-Year Term.
M&C P-10903 - Authorizing a Purchase Agreement with The Rogers Group for a Promotional
DVD for the Emergency Management Office for an Annual Projected Amount Not to Exceed
$36,800.00.
M&C L-14690 - Authorizing the Acquisition of a Vacant Residential Lot, Owned by James
Cagle, Known as 2910 Hardy Street, Lot 1, Block 63, Morgan Heights, an Addition to the City of
Fort Worth, Tarrant County, Texas, for the Lebow Channel Drainage Project; Finding that the
Price Offered in the Amount of $9,500.00 Plus an Estimated Closing Cost of $3,000.00 is Just
Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments.
M&C L-14691 - Accepting the Dedication of Approximately 0.5135 Acre of Park Land and
Facility Improvements from Lowery Park, L.P., for Cobblestone Trail Park.
M&C C-23263 - Authorizing the Execution of an Interlocal Agreement with Tarrant County to
Reimburse the City $25,600.00 for the Installation of Roadway Lighting on the Extension of Joe
B. Rushing Road; and Adopting Appropriation Ordinance No. 18422-01-2009 Increasing
Estimated Receipts and Appropriations in the Street Light and Signal Improvements Fund in
the Amount of$25,600.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 5 of 23
(IX. CONSENT AGENDA Continued)
M&C C-23264 - Authorizing the City Manager to Execute an Agreement with the Safe City
Commission for the City to Provide a Victim Assistance Coordinator to Coordinate and Provide
Victim Assistance Services to Children Who Witness Violent Crimes; Authorizing the City
Manager to Accept $65,401.00 from the Safe City Commission to Reimburse the City for Victim
Assistance Services Provided; Authorizing the Term of the Agreement to be from January 12,
2009, Through September 30, 2009; Authorizing the Agreement to be Renewed for up to Four
(4) Successive One-Year Periods with Written Notification Agreeable to Both Parties. This
Action Does Not Require Specific City Council Approval Provided that the City Council has
Appropriated Sufficient Funds to Satisfy the City's Obligation During any Renewal Terms; and
Adopting Appropriation Ordinance No. 18423-01-2009 Increasing Estimated Receipts and
Appropriations in the Grants Fund by the Amount of $65,401.00 Upon Receipt of Funds from
the Safe City Commission.
M&C C-23265 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of
$64,337.00 to City Secretary Contract No. 34827 with Dunaway Associates, L.P., for Southside
III Water Transmission Main from McCart Street Pump Station to Existing 36-Inch Water
Main in the McPherson Boulevard/West Cleburne Road Intersection, to Provide for Additional
Engineering Services, Thereby Increasing the Contract Amount to $272,694.00.
M&C C-23266 - Authorizing the City Manager to Execute a Professional Services Agreement
with Talley Associates in the Amount of $56,550.00 for the Preparation of Construction
Documents for Park Improvements at Prairie Dog Park.
M&C C-23267 - Authorizing the City Manager to Accept Funds and Execute an Agreement with
Tarrant County for Fiscal Year 2008-2009 in an Amount up to $30,000.00 for the Operation of
Two Community Action Partners Centers; Authorizing the City Manager to Execute Lease
Agreements with the Bethlehem Baptist Church for the Far Southeast Community Action
Partners Center in an Amount Not to Exceed $7,800.00 Per Year; and Richard Hartman for the
Far Northwest Community Action Partners Center in an Amount Not to Exceed $10,534.68 Per
Year; and Adopting Appropriation Ordinance No. 18424-01-2009 Increasing Estimated Receipts
and Appropriations in the Grants Fund in the Amount of$30,000.00 Subject to Receipt of Funds
from Tarrant County for the Purpose of Funding the Operation of Two Community Action
Partners Centers.
Mayor Moncrief and Council Member Jordan expressed appreciation to City staff and the Safe City
Commission for their efforts regarding M&C C-23264.
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 6 of 23
X.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
Motion: On behalf of Council District 3, Council Member Jordan made a motion, seconded by
Council Member Espino, that Mr. Harry Butcher be appointed to Place 3 of the
Community Development Council, effective January 6, 2009, and with a term expiring
October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with
Council Member Scarth absent.
XI.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR COMMITTEES
There were no presentations and/or communications from Boards, Commissions and/or City Council
Committees.
XIIL RESOLUTIONS
1.A Resolution Appointing the following embers of the Minoritl_And Women Business
ter rise ( ) Avis ry Committee, a active January 6, 2009, and it terms expiring
January 5, 2011:
PLACE NAME
1 Ramon Guaj ardo
2 William Giron
3 David Berzina
4 Glenda Thompson
5 Jimmy Baker
6 Christine Chapman
7 Linda Labeau
8 Gloria Batts
9 Veronica Chavez Law
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that
Resolution No. 3701-01-2009 be adopted. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 7 of 23
(XIII. RESOLUTIONS Continued)
2.A Resolution Disbanding the_Sustainability and Green Building Task Force and Creating and
Appointing Members to the Sustainable Development as Force
City Manager Fisseler stated that the resolution had been revised to add Kelly Dilliard, Engineer to
Place 19 instead of John Rutledge.
Mayor Pro tem Hicks expressed concern that there were only two representatives from the East 1-35
area out of the 20 places listed on the resolution. She requested that Council delay the resolution for
one week.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that the
resolution be continued until the January 13, 2009, Council meeting. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth
absent.
3.A Resolution Exr)ressin2 Support for the Bit Citv Mayors' Legislative Initiative Dealing with
Homelessness
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that
Resolution No. 3702-01-2009 be adopted. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
4. A Resolution Appointing New Members and Reappointing Members of the Mayor's Advisory
Commission on Homelessness effective January 6, 2009, and with expiration dates reflected as
follows:
New Appointments
Place Name Expiration of Term
I Melinda Veatch September 30, 2011
3 Eric Niedermayer September 30, 2011
7 Bob Kelly September 30, 2011
8 Netty Matthews September 30, 2011
9 Gina Puente-Brancatto September 30, 2011
15 Susan Blue September 30, 2011
19 Samuel Dickey September 30, 2011
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 8 of 23
(XIII. RESOLUTIONS Continued)
Reappointments
Place Name Expiration of Term
2 Mike Doyle September 30, 2010
4 Yolanda Thompson September 30, 2010
6 Glenn Spoons September 30, 2010
10 Brooks Harrington September 30, 2010
12 Tony Guinn September 30, 2010
14 Sheryl Kenney September 30, 2010
City Secretary Hendrix advised Council that the resolution had been revised to change the term of
expiration for Ms. Netty Matthews, from September 30, 2011, to September 30, 2010.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Resolution No. 3703-01-2009 be adopted as amended. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
XIV.REPORT OF THE CITY MANAGER
A.General
1.It was the consensus the Citj Council that Mayo r and ci l Communicati
1.6229, Consider a Waiver for a High Impact Gas Well Pad Site Permit Requested by
Chesapeake Operating, Inc., for t e Greenwood Lease Located at 3595 Rockwood Parkrive,
be continued unti the February 3, 2009,Council Meeting.
2.MSC G-16408 - Adopt a Resolution Desi2natin2 the Oakland Corners Area as a
Neighborhood er e t e; Hold a Public Hearing Concerning the Designation of t o
Oakland r ers Area as Fort Worth Neighborhood er e einvestment Zone No. 3 ;
and Adop t an Ordinance Designating a ertain Area in the Cily of F rt Worth as
"Neighborhood Empowerment Reinvestment Zone No. 36, City of Fort Worth Texas," pursuant
to e Texas Property Redevelopment a d Tax Abatement
Act, ax e, a ter
312 (Conti ued from December 1612008) (PUBLIC HEA
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 9 of 23
(M&C G-16408 Continued)
a.BgR2Lt of City Staff
Ms. Janay Tieken, Development Project Coordinator, Housing and Economic Development
Department, appeared before Council and provided a staff report.
b.Citizen Presentations
Mr. Donald Boren, 1755 Martel Avenue, representing the West Meadowbrook Neighborhood
Association, appeared before Council in support of Oakland Corners Neighborhood Empowerment
Zone (NEZ). He provided letters of support by the West Meadowbrook Neighborhood Association
and Historic Handley-Meadowbrook Association and stated that after ten years, the design standards
would be a templete for additional and future neighborhood empowerment zones. He thanked Ms.
Patrina Newton, Planner, Planning and Development Department; Mr. Charlie Price, Planning
Manager, Housing and Economic Development Department; City staff and Mayor Pro tem Hicks for
all their efforts.
Ms. Wanda Conlin, 1755 Martel Avenue, representing East Fort Worth Business Association, appeared
before Council in support of the Oakland Corners NEZ and expressed appreciation for the support they
had received from Council.
c.Council Action
Mayor Pro tem Hicks thanked the community for their patience and Mr. Jerome Walker, Deputy
Director, Housing and Economic and Development Department, and City staff for their hard work.
She stated that this was a new way of handling neighborhood empowerment zones and it would give
the community a voice in what they wanted in their community. She referenced the Gateway Park
expansion, the Crime Lab that would be moving into the old Stripling & Cox building and the rezoning
of the Oakland Corners area in east Fort Worth. She added that the tax abatement for the area at
Oakland Corners received full support of the Council, including former Council Member Chuck
Silcox. She advised that on Thursday, January 8, 2009, Mr. Jay Chapa, Director, Housing and
Economic Development Department, and she would be speaking at the East Fort Worth Business
Association to discuss projects that would be taking place in southeast Fort Worth and the drill down
work that Congressman Burgess did to show economic power in that area. She expressed how proud
she was to represent West Meadowbrook and stated that she was excited to see the revitalization of the
corridor along East Lancaster. She thanked the residents in the area who continued to help the area in
a positive way.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 10 of 23
(M&C G-16408 Continued)
Mayor Moncrief stated since he had been in office, East Lancaster had been a challenge with numerous
car lots, businesses opening and closing, and the crime rate in that area. He added that with the
combination of the City and community's efforts, the East Lancaster corridor was on its way to being a
major connector and a place where people want to go, businesses want to locate and people want to
work, live and raise their families. He expressed deep appreciation to everyone involved and added
that it showcased the skills of City staff, businesses and partnerships. He commended Mayor Pro tem
Hicks for her efforts and how she was able to get former Council Member Silcox to vote in favor of the
tax abatement.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that the
public hearing be closed, Mayor and Council Communication No. G-16408 be
approved with appreciation and Resolution No. 3704-01-2009 and Ordinance No.
18425-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
7.It was the consensus of the City Council that Mayor and Council Communication No. G-
16415, Adopt Supplemental Appropriation Ordinance for Fiscal Year 2008-2009 for Rollover
Encumbrances, be withdrawn from consideration.
8.M&C G-16416 - Authorize the City Manager to Authorize a Change in the Use of Community
Development Block Grant Year 2000, 2004, 2005, 2006, 2007 and 2008 Unprogrammed and
Street Funds in the Amount of $1,679,104.19; and Authorize the Expenditure of Community
Block Grant Funds in the Amount of $1,679,104.19 for the Hot Mix Asphalt Concrete Surface
Overlay of Streets and Necessary Replacement or Improvements of Related Infrastructure in
Community Development Block Grant Eligible Areas Located in Council Districts 2, 3, 4, 5, 7, 8
and 9.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16416 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
9.M&C G-16417 - Authorize the City Manager to Accept a Monetary Donation in the Amount
of$5,445.00 from Chesapeake Energy to Promote Texans Against Crime Night Out; and Adopt
an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Special
Trust Fund in the Amount of $5,445.00 from Available Funds for the Purpose of Promoting
Texans Against Crime Night Out on October 14, 2008, for the Police Department.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 11 of 23
(M&C G-16417 Continued)
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 issue.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16417 be approved and Appropriation
Ordinance No. 18426-01-2009 be adopted. The motion carried unanimously six (6)
ayes to zero (0) nays, with Council Member Scarth absent and with one (1) abstention
by Council Member Jordan.
10.M&C G-16418 - Adopt an Ordinance Adjusting the Total Number of Authorized Civil
Service Positions at Each Classification (Rank) in the Fire Department for Fiscal Year 2008 —
2009; Providing for the Creation of Two Additional Fire Captain Positions; Four Additional Fire
Lieutenant Positions; Six Additional Fire Engineer Positions; Sixteen Additional Firefighter
Positions; and Providing a Statement of Purpose and Intent.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16418 be approved and Ordinance No.
18427-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
11.M&C G-16419 - Adopt an Ordinance Amending the Code of the City of Fort Worth (1986),
as Amended, Chapter 12.5 "Environmental Protection and Compliance"; by Amending Article
VI "Industrial Wastewater": Section 12.5-610 "Discharges to the City of Fort Worth Village
Creek Wastewater Treatment Facility", Subsection (b)(4)(B); and Section 12.5-610.1 "Discharges
to the Trinity River Authority"; Providing a Fine of up to $2,000.00 for Each Offense in
Violation of the Ordinance.
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-16419 be approved and Ordinance No.
18428-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 12 of 23
D.Planning & Zoning
1.M&C PZ-2807 - Consider the Institution and Adopti n of an Ordinance Declaring Cer ain
Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort Wort
Providing for the Annexation of an Approxim ate l3: 54.9 Acre Tract of Land Located North of
Golden Triangle Boul vard and East of Interstate 35W, ituated in the J. H. Eastman Sury
Abstract Number 501,the 1. & G. N. R. R. Survey,_Abstract 827-_the J. M. Lilly Survey,
Abstract 979,and the W. McCowens Survey, Abstract 999., Situated About 12.5 Miles North 6
Degrees East of the Courthouse, Tarrant County, Texas Case No. AX-08-005, Area 11, Feller
Hicks Road) is aid Territory Lies Adjacent to and Adjoins the Present Corporate
Boundary Limits of For Annexed Shall Bear its Pro
to Part of axes; that the Inhabitants Thereof Shall have All the Privileges o All
the Citizens of Fort Worth,
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. PZ-2807 be approved and Ordinance No.
18429-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
2.M&C PZ-2808 - Consider the Institution and Adoption of an Ordinance Declaring Certain
Findings; Providing for the Extension of Certain Boundary Limits of the City o Fort Wort
Providin2 for the Annexation of an Armroxim ate lv 25.7 Acre Tract of Land Located South of
Cromwell Marine Creek Parkway and East of Boat Club Road, Situated in the J. H. Conwill
Survev, Abstract Number 343,Sit uate d About 8.1 Miles North 38 Degrees West of the
Courthouse, Tarrant County, Texas (Case No. AX-08-007, Area 54,6400 Block of Boat Club
Road) whi It Said Territory Lies Adjacent to and Adjoins the Present Corporate Boundar
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, Tarrant Countj, T xas.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. PZ-2808 be approved and Ordinance No.
18430-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 13 of 23
3.M&C PZ-2809 - Consider the Institution and Adopti n of an Ordinance Declaring Cer ain
Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort Wort
Providin2 for the Annexation of an ADDroxim ate lv 1.5 Acre Tract of Land Located North of
Chapin Road and West of Chapel reek Boulevard, Sit uate d in the Cjrus K. Gleason Survey,
Abstract Number 55 bout 10.5 Miles South, 81 Degr es West of the Courth
Tarrant County, Texas (Case No. AX-08-009, Area 64,10598 Chapin Road) Which Said
Territor Lies Ad'ace nt to and Adj2jfljjLL±reset LgMrate Boundary Limits f Fort Wor
Texas., Providing that the Territory Annexed hall Bear its Pro Rata Part of TaxesProviding
that the Inhabitants Thereof Shall have All thg_kEiji e es of All the Czens of Fort Wort
Texas.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. PZ-2809 be approved and Ordinance No.
18431-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
E.Award of Contract
6.M&C C-23268 - Authorize the City_yana eLment with the North
ger to Execute a Formal AgEL _
Texas Tollwav Authority, the Texas Det)artment of Tranwortation and the Union Pacific
Railroad, Co., Under is the Ci
and bv May 19, 2009, ADDroDria tea n Additional 5
$45 00
, ,000.00 to Facilitate Construction and
Operation of the Southwest Parkway Across the Davidson Rail Yard; and a Related Agreement
with the North Texas Tollwav Authoritv Under is the North Texas Tollwav Authoritv will
Pay the Railroad Directly and the City will Reimburse the North Texas_12jjnajAuthority uti to
its Share of the Costs of the Formal Agreement.
Mayor Moncrief and Council Members Espino, Moss, Jordan and Bums expressed appreciation to
former Council Members Chuck Silcox and Wendy Davis now State Senator, Mr. Paul Wagemen
and Ms. Carrie Rogers, representing the North Texas Transporation Authority, Mr. Jim Young,
representing Union Pacific Railroad Corporation, Mr. Charlie Hillard, Mr. Brian Beck, Engineer, City
Manager's Office, Assistant City Attorney Amy Ramsey and City staff for their involvement with this
proj ect.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23268 be approved with appreciation. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member
Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 14 of 23
7.M&C C-23269 - Authorize the Transfer of 5 from the Water and SewELOp era
ting
Fund to the Water Capital Projects Fund; Adopt an Appropria ion Ordinance Increas
Receipts and Atmrot)riations in the Water Capital Proiects Fund for the Purpose of Executing
Change Order No. I to City Secretary Contract No. 37375 with McClendon Construction, Inc.,
for Pavement Reconstruction and Water and Sanitary Sewer Main Replaceriaent on Forbes
Streets Griggs Street, Eastover Avenue and Millet Avenue; and An horize the City Manager to
Execute C a e rder No. I in the Amount of$146,638.00 to Cily Secretary ontract No. 37375
with McClendon Construction Comr)anv, Inc., Thereby Revising the Total Cost to $2,262,190.39.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23269 be approved and Ordinance No.
18432-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
8.MSC C-23270 - Authorize the Transfer of$714,693.69 from the Water and SewELOperating
Fund to the Water 'a its Proiects Fund in the Amount of $643,087.69 a d Sewer Capita
Projects Fund in the Amount of $71,606.00; Adottt an A rottriation Ordinance Increasing
Estimated ReceinLs and Appropriations in the Water Cgp its L_EMiects Fund and the Sewer
'a Pro*ects Fund from Available FundL for the Purpose xecutin a Contract with
S.H.U.C., Inc., for Water and Sanitary Sewer Replacement Contract 2004 STM-J on Portions of
ac re Avenue, Diaz Avenue, Donne ill Ave e and Farnsworth Avenue (City Project o.
00195); and Authorize the City Manager to Execute a Contract with S.H.U.C., Inc., in the
Amount of$636,547.69
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23270 be approved and Ordinance No.
18433-01-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
XV.ZONING HEARING
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official
newspaper of the City of Fort Worth, on December 18, 2008. Mayor Moncrief opened the public
hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 15 of 23
(XV. ZONING HEARING Continued)
a.Cases Recommended for Approval
1.Zoning Do ket No. ZC-08-154 - _jLP-ALLj_- Text Amendment: Manufactured Housin
District: an Ordinance Amending the Comp ehensive Zoning Ordinance of the City of Fort
Worth, by Amending in its Entirety, Section 4.202 "Manufactured Housing L MH" District of
C
Lhanter 4, "District Regulation" to Amend Other
Property Development Standards, Chapter 9 "Definitions" to Add Definitions Related to
Manufactured Housing; and to A end in its Entirety Sect on 5.129 "Recreational Vehicle Park"
District of Chapter 5, "Supplemental Use Standards" to Add Regulations Related to Setbacks,
Height, Lot Area, Paving, and Other Property Development Standards.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan,
that Zoning Docket No. ZC-08-154 be approved and the following ordinances be
adopted:
ORDINANCE NO. 18434-01-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX
"A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING IN ITS ENTIRETY
SECTION 4.202 "MANUFACTURED HOUSING ("ME") DISTRICT OF CHAPTER 4, "DISTRICT
REGULATION" TO AMEND SETBACKS HEIGHT, LOT AREA, PAVING, AND OTHER
PROPERTY DEVELOPMENT STANDARDS; AMENDING CHAPTER 9 "DEFINITIONS" TO
ADD DEFINITIONS RELATED TO MANUFACTURED HOUSING; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 18435-01-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX
"A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING IN ITS ENTIRETY
SECTION 5.129 "RECREATIONAL VEHICLE PARK" OF CHAPTER 5, "SUPPLEMENTAL USE
STANDARDS" TO ADD REGULATIONS RELATED TO SETBACKS, HEIGHT, LOT AREA,
PAVING, AND OTHER PROPERTY DEVELOPMENT STANDARDS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 16 of 23
2.Zoning Do ket No. ZC-2L-179 - CD 2 -_Ci 600 ough 80 Blo of
q of Fort Worth, 2 thr 2 cks
Keller Hicks Road, 4115 Golden Triangle Boulevard, and 1300 Block of Timberland Boulevard;
from Unzoned to "A-5" One-Fami1v District, "E" Nei2hborhood Commercial Distri 91
General Commercial Restricted District, an "G" Intensive Commercial District.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-08-179 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
3.Zoning Docket No. ZC-0 Blocks of Boat
Club Road; from Unz ned to "A-5" One-FaMLIL District and "E" Neighborho d Commercial
District.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-180 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
4.Zoning Docket No. ZC-08-181 m (CIS 3) m City of Fort Wortl►, 10598 Cl►a1�in Road; from►
Unzoned to "A-43" One-Fami1v District.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-181 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
5.Zoning Docket No. ZC-08-186 - (CD-ALL) - Text Amendment: Urban F2LgjjEjLAjn Ordinance
Amending the Comprehensive Zoning Ordin nce of the City of Fort Worth, bj Amending,
C Lhanter ,
2 "Review Bodies" to Delete Section 2.105 "Urban Forestry Board" and Add the
Duties of the Urban Forestry B ard to Section 2.102 "Urban Design Commis ion" and Add
Forestry Experience to the Qualifications of Members; and Cl►at�ter 6, ''I�evelor�ment
Standards" to Delete Subsection K of Section 6.301 "Lands KaninjILAnd Re-Letter the
BgMajfljR& Subsections; to Add a New Section, Section 6.302 Entitled "Urban Forestry' to
Include and Revise the Contents of Subsection K Related to Tree Coverage, Preservation,
Planting a d Maintenance.
Mayor Pro tem Hicks expressed concern that since the Urban Forestry Board would be disbanded how
would this ensure that development would continue and that green building standards were in place.
She advised that she would meet with City staff to address those concerns.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that
Zoning Docket No. ZC-08-186 be continued until the February 3, 2009, Council
meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 17 of 23
6.Zoning Doc et No. ZC-08-187 - (CD 5) - Debra use[Fitzwater Famill Trust; 6108 nd 6212
Willard Road; -10" One-Family District, "FR" General Commercial Restricted District
and "I" Lieht Industrial District to "I" Light Industrial District (Continued from December
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-187 be denied without prejudice. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
7.Zoning Docket No. ZC-PA-189 - (CD 3) -_Eric Seal, 6573 Greenway Road and 3301 Through
3303 Tex Boulevard-from "B" Two-Famil District to "PD/SU" Planned Deve l2nMent for an
Existing Trit)lex. Site Plan Waiver Recommended.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-189 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
8.Zoning Docket No. ZC-08-191 - (CD 9) - IMP Commercial Holdings LLC, 11x0 Foch Street;
from "MU-2" High Intensity Mixed Use District to "PD/11 U-2" Planned Development for all
uses in "MU-2" High Intensity Mixed Use District Plus Winery. Site Plan Waiver
Recommended.
Motion: Council Member Bums made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-191 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
9.Zoning Docket No. ZC
from "E" Nei2hborhood Commercial District to "PD/E" Planned eve for All Uses in
"E" Neighborhood Commercial District Plus RV Sales and Rental. Site Plan Included.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-194 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 18 of 23
10.L2fling_2aket No. ZC-08-195 -_LCD_71-_Citl of Fort W rt r ck of
Boat Club Road, 9400 Through 9500 Block of Park Drive, 6000 Through 6200 Block of W.
Railev Boswell Road; r om UnZ d to "AG" Agricultural District, "A-43" One-Family District,
"A-10" OnezFamily District,"R-1" Zero Lotfine/Cluster District,"C" Medium Densily Mu ti-
Family District, "CF" Communitj Facilities District, "E" Neighborhood Commercial District,
and "G" Intensive Commercial District.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-195 be denied without prejudice. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
11.Zoning Docket No. ZC-08-196 - CD 9) - City of Fort Worth North of West Bowie
East of Travis Avenue, South of Page Street and West of Jennings Avenue; front "A-5" One-
Fami1v District,"B" Two-Familv District.,"ER" Neighborhood Commercial Restricted District.,
and "F" General Commercial District to "A-5" One-Family District, and "E" Neighbo hood
Commercial District.
Mr. David Sidney Mau, 8828 Greenville Avenue, Dallas, Texas, representing Red Center Commerce
Limited, appeared before Council in opposition of the zoning change. He stated that his client
owned property at 2801 Hemphill, which served as a shopping center complex. He indicated that the
complex currently had no vacancies, but there would be a couple of vacancies within next few
months. He expressed concern that the zoning change would make it more restrictive and cause
difficulties in finding tenants to fill the additional spaces. He stated that the current zoning had been in
place since his client had owned the property and he had not had any problems with conduct by the
tenants or visitors to the shopping center. He requested that Council deny the zoning change.
Council Member Burns asked Mr. Mau what the current zoning was for the property.
Mr. Mau stated that the property was currently zoned as "F" General Commercial and would be
rezoned to "ER" Neighborhood Commercial Restricted.
Council Member Burns requested Ms. Dana Burghdoff, Deputy Director, Planning and Development
Department, provide clarification for the proposed zoning change.
Ms. Burghdoff stated that the property would be rezoned from "F" General Commercial to "E"
Neighborhood Commercial with no restricted use.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 19 of 23
(ZC-08-196 Continued)
Council Member Burns stated that this was an overall effort to rezone the entirety of Hemphill from
Downtown to I-20. He added that this was Phase 2 of the rezoning process and that he believed that
Hemphill was a street that needed help. He further stated that the purpose of having public meetings
was to allow the property owners to be involved in the process and address the shortcomings for
Hemphill and its existing zoning established in the 1960s. He added that the current zoning did not
reflect what the future of Hemphill should be. He expressed regret that he had not had the opportunity
to have Mr. Mau's client involved in that process so far. He recognized Ms. Jocelyn Murphy, Planning
Manager, Planning and Development Department, and Ms. Beth Knight, Senior Planner, Planning and
Development Department, for the outstanding job of communicating with the property owners and
helping the City move this project forward.
Ms. Burghdoff also added that the "F" zoning allowed for some other uses that might not be
compatible with "E" zoning, such as bars and hotels.
Council Member Burns advised that he or Ms. Burghdoff would be available to meet with Mr. Mau
after the Council meeting to address his concerns.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-196 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
12.Zoning Docket No. ZC-08-198 - (CD 2) - City of Fort Worth, South of Feller Hicks Road,
West of US 377, North of Golden Triangle Boulevard, and East of Denny Drive, front Unzoned
to "A-10" e- a 1 y District, vv vv Manufactured Hoa Distdict, "E" Neighborhood
Commercial District, and "I" Light Industrial District.
Ms. Pam Cannon, 417 Cannon, Hurst, Texas, representing her mother, appeared before Council in
opposition of the zoning change to her mother's property at 600 West Caylor Street; however, this
particular zoning change was actually reflected in Zoning Docket No. ZC-08-199 and not ZC-08-198
as indicated on the speaker presentation card.
Council Member Espino requested that Ms. Cannon meet with Ms. Dana Burghdoff, Deputy Director,
Planning and Development Department, to address her issue before Council voted on ZC-08-199.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-08-198 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 20 of 23
13.L2fling_2aket No. ZC-08-199 -_LCD_21-_City of Fort Worth, South of Westport Par kway,
West of US 377,North_of Caylor and Carrotwood and East of Angelfood and Caylor; from
Unzoned to "A-21" One-Fami1v District, ' A-10" One-Fami1v District, "CF" Commun ltd
Facilities District, and "I" Light Industrial District.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that she had
addressed Ms. Cannon's concerns and stated that 600 West Caylor abutted the proposed "A-21" One-
Family District zoning. She added that Ms. Cannon was comfortable with the zoning to amend 600
West Caylor to "A-21" instead of the proposed "CF" Community Facilities.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-08-199 be approved as amended by changing the proposed
zoning of 600 West Caylor from "CF" Community Facilities to "A-21" One-Family
District. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Member Scarth absent.
14.Zoning Doc et No. ZC-08-200 - (CD 3) - Ridglea Congregat on of Jehovah's Witnes
Old Benbrook Road- from "PD-200" Planned Development Specific Use for an Industrial
Warehouse and Office Communily Facifiti s.
Council Member Jordan spoke about the entire property being zoned for "PD" Planned Development
use, but that the forested area surrounding the section was in a floodplain. He stated the surrounding
area would remain a "PD" for warehouse use, but expressed concern that the area was unusable land.
He requested clarification from Ms. Dana Burghdoff, Deputy Director, Planning and Development
Department, as to whether this zoning change was the appropriate action for the property or if the
entire area should be rezoned.
Ms. Burghdoff stated that Council could reinitiate the zoning change, but the applicant had not
requested a rezoning from a "PD" to something else. She added that they would not be able to address
a rezoning for the entire area with this zoning change because they only had the application from the
owner regarding the 2000 Jacksboro Highway property.
Council Member Jordan asked if there was any potential harm to the "CF" Community Facilities for a
future use since the property was in a floodplain. He expressed doubts that the property could be
developed and pointed out that it would be an incompatible use with having a church adjacent to a
warehouse district.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 21 of 23
(ZC-08-200 Continued)
Ms. Burghdoff clarified that churches were allowed in all of the zoning districts, but indicated that staff
would contact the applicant to see if they would come forward with an application to rezone the
property to something that might be more compatible.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-08-200 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Scarth absent.
b.Cases Recommended for Denial
1.Zoning Do c et - -
Birchman Avenue; from `°A-5`° One-Family District and "C" Medium Density Multi-Family
District to `°ER`° Neighborhood Commercial Restricted District.
Ms. Cherry Richardson, 5412 El Campo Avenue, appeared before Council in support of the
denial. She stated that seven lots under consideration were rezoned in 1998 from "B" Two-Family
Residential to "A-5" One-Family Residential. She added that in 2000, the Comprehensive Plan
showed the area as "E" Neighborhood Commercial even though the lots were still zoned as "A-5". She
indicated that the applicant had no site plan or concrete proposal for the future development of the
"ER" Neighborhood Commercial Restricted use. She further stated that there was no existing
commercial use on the frontage road west of Montgomery Street to Horne Street and the development
north of the frontage road was residential. She pointed out that on the north side of I-30, Camp Bowie
attracted commercial businesses, not the frontage road. She spoke about the residential properties in
the 5500 and 5600 blocks of Birchman and how the zoning request for commercial use would intrude
upon the residential properties. She referred to the residential construction that was continuing to
move outward toward I-30 and how the "ER" zoning would cause a serious problem to property
owners within a 200-foot radius. She stated that the West Byers Neighborhood Association Board
offered to compromise with the applicant for a higher density residential area, but the applicant did not
accept the proposal. She added that this zoning would not enhance the neighborhood and requested
that Council uphold the City Zoning Commission's decision for denial.
Council Member Burdette expressed appreciation to Ms. Richardson for her comments. He clarified
that the property consisted of eight or nine residential family dwellings on the south side of Birchman
and they abutted the frontage road on I-30. He added that this was the reason the property was
included in the Master Plan as "E" Neighborhood Commercial. He stated the continuing use of the
property on the south side of Birchman, which abutted the freeway, was not appropriate for use of a
single-family dwelling and questioned whether it should be changed to neighborhood commercial. He
addressed the residents on the north side of Birchman and stated that he understood their concerns that
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 22 of 23
(ZC-08-101 Continued)
residents would be facing the commercial properties, but he did not know if it was appropriate to
sustain the single-family dwellings that backed up to the freeway. He added that he shared the concern
that if the property were rezoned for neighborhood commercial, what type of businesses would move
into those developments. He further stated that there were a number of permitted uses for "ER"
Neighborhood Commercial Restricted but none of the lot owners had brought forth any proposals.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that
Zoning Docket No. ZC-08-101 be denied without prejudice. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
2.Zoning Docket No. ZC-08-188 - (CD 2) - Jack 2199 Inca 2000 Jackshoro Highway; front "EPP
Neighborhood Commercial District to "PD/E" Planned Develop ent for all uses in "E"
Neighborhood Commercial District Plus Auto Sales and Service. Site Plan Waiver Requested.
Mr. Jim Schell, 901 Fort Worth Club Building, representing Jack 2199 Inc., appeared before Council
to request a continuance of the zoning change. He added that the zoning change had received
favorable input at the Lets Talk Fort Worth meeting, but he expressed concern with the "E"
Neighborhood Commercial district. He stated that his client had problems with leasing the property
since purchasing it over two years ago. He stated that his client wanted to use the property for a used
car sales location until the economy turned around.
Council Member Espino stated that at the Lets Talk Fort Worth meeting a Northside High School
teacher spoke about this lot being covered with trees. He stated he would like to discuss this
further with Mr. Schell and his client regarding the zoning change.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-08-188 be continued until the January 27, 2009, Council
meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Member Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2009
PAGE 23 of 23
(XV. ZONING HEARING Continued)
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 Jordan, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18436-01-2009
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 seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
XVI.CITIZEN PRESENTATIONS
There were no citizen presentations.
XVIIL ADJOURNMENT
There being no further business, the meeting was adjourned at 8:07 p.m.
These minutes approved by the Fort Worth City Council on the 13th day of January, 2009.
Attest: Approved:
i
Marty HQndrix AMichae . Mc of
City Secretary Mayor