HomeMy WebLinkAbout2009/05/05-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
Council Member Danny Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Joel Burns, District 9
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
I.CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 7:00 p.m. on Tuesday, May 5, 2009, in the City Council Chamber
of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council
Member Scarth temporarily absent.
II.INVOCATION- Reverend Tom Faile, Faith United Methodist Church
The invocation was provided by Reverend Tom Faile, Faith United Methodist Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 28 2009
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the minutes
of the regular meeting of April 28, 2009, 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
MAY 5, 2009
PAGE 2 of 19
VI.ANNOUNCEMENTS AND STAFF
1. Upcoming a nd Recent Events
Council Member Burns announced that the Fairmount Southside Historic District would conduct
the 27th Annual Fairmount Tour of Homes on May 9 and 10, 2009, from 12:00 p.m. to 6:00 p.m. and
encouraged everyone to attend the event. He added that for more information, interested citizens
could visit www.historicfairmount.com. In honor of former Council Member Chuck Silcox, Council
Member Burns also advised that citizens should not put their grass clippings and leaves in the street as
the debris could clog the storm sewers. He also advised that the Code Compliance Department would
take an aggressive approach to enforce the sign ordinance and reminded the public that they should
consult the sign ordinance before they placed election and real estate signs in the City. He announced
that the District 9 Town Hall meeting would be held on May 18, 2009, from 5:30 p.m. to 8:30 p.m. at
Travis Avenue Baptist Church, located 717 West Berry Street.
Mayor Pro tem Hicks announced that the Berry Riverside Urban Village Planning Meeting would be
held on May 7, 2009, at 6:00 p.m. and that the location was changed from Briscoe Elementary
School to the YMCA on East Berry Street. She encouraged those citizens interested in the meeting to
contact the District 8 Office at 817-392-8808.
Mayor Moncrief made several announcements related to the H1N1 North American Flu virus. He
stated that Fort Worth Independent School District students would return to regularly scheduled classes
on Friday, May 8, 2009. He stated that after school events that were cancelled would be rescheduled,
as needed, by those who sponsored the event. He further stated that the following district events would
not be rescheduled: the Youth Forum, the District Volunteer Event, and the District Walk for Life. He
advised that all community centers, parks, and athletic fields would reopen on Friday, May 8, 2009.
Mayor Moncrief stated that all polling locations remained open and would be open on Election Day,
Saturday, May 9, 2009, from 7:00 a.m. to 7:00 p.m.
2.Recognition of Citizens
The recognition of citizens was included in the Upcoming Events portion of the meeting.
VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items to be withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 3 of 19
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication Nos. G-16564, L-14769, C-
23494, and C-23495 be continued to the May 12, 2009, City Council Meeting and Mayor and Council
Communication No. C-23498 be continued to the May 19, 2009, City Council Meeting.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi on Boards and Commissions
There were no changes in membership on Boards and Commissions.
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,. COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XI.CONSENT AGENDA
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Scarth absent.
A.General - Consent Items
1.M&C G-16556 - Authorizing the City Manager to Initiate Certain Zoning Changes in the
4100 Block of Golden Triangle Boulevard, 2700 Block of Keller Hicks Road and 10900 Block of
Old Denton Road, from Various to "CF" Community Facilities, in Accordance with the
Comprehensive Plan.
2.M&C G-16557 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator that: The Public Necessity and Convenience Require the Operation
of Ten (10) Limousines Upon the City Streets, Alleys and Thoroughfares; Continental
Transportation System, Inc., is Qualified and Financially Able to Conduct a Limousine Service
within the City; Continental Transportation System, Inc., has Complied with the Requirements
of Chapter 34 of the City Code; Continental Transportation System, Inc., Presented Facts in
Support of Compelling Demand and Necessity for Ten (10) Limousines; the General Welfare of
the Citizens of the City will Best be Served by the Addition of Ten (10) Limousines Upon City
Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18586-05-2009 Granting the
Privilege of Operating Authority to Continental Transportation System, Inc., for the Use of the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 4 of 19
(XI. CONSENT AGENDA Continued)
Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business,
Which Shall Consist of the Operation of Ten (10) Limousines for a Three (3) Year Period
Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing
for a Penalty; and Providing for Written Acceptance by Continental Transportation System, Inc.
3.M&C G-16558 - Approving a Six (6) Month Extension of Injury Leave-of-Absence Pay
Benefits in the Amount of $31,460.88 for Firefighter William Thompson Beginning
May 12, 2009, through November 12, 2009.
4.M&C G-16559 - Authorizing the City Manager to Accept a Payment in the Amount of
$4,784.54 from the Law Enforcement Officer Standards and Education Account for the City
Marshal's Division; and Adopting Appropriation Ordinance No. 18587-05-2009 Increasing
Estimated Receipts and Appropriations in the Law Enforcement Officer Standards and
Education Section of the Special Trust Fund in the Amount of $4,784.54, Upon Receipt of the
2009 Annual Grant from the Comptroller of Public Accounts, for the Purpose of Funding the
Law Enforcement Officer Standards and Education Training Project for the City Marshal's
Division.
5.M&C G-16560 - Authorizing the Transfer of $6,800.00 from the Special Trust Fund,
Municipal Court Building Security Fund, to the General Fund; and Adopting Supplemental
Appropriation Ordinance No. 18588-05-2009 Increasing Estimated Receipts and Appropriations
in the General Fund in the Amount of $6,800.00, from Available Funds, for the Purpose of
Funding Warranty Expenses Associated with Maintenance of Two (2) Parcel X-Ray Machines
for the A.D. Marshall Public Safety and Courts Building.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-10962 - Authorizing a Purchase Agreement for Bulk Portland Cement with TXI
Operations, LP, for the Transportation and Public Works Department for an Estimated Annual
Amount of$41,000.00.
2.M&C P-10963 - Authorizing the Purchase of an Air Handler Unit and Installation Services
from Trane Using the Cooperative Purchasing Network for the Water Department for
$73,180.00.
3.M&C P-10964 - Authorizing an Increase of $17,500.00 to the Purchase Agreement with L-3
Communications Sonoma EO, Inc., for Wescam Thermal Imager Repairs, Parts and
Components for the Police Department Helicopters for a Total Estimated Annual Amount of
$87,500.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 5 of 19
(XI. CONSENT AGENDA Continued)
C.Land - Consent Items
1.M&C L-14762 - Authorizing the City Manager to Authorize the Conveyance of One (1)
Electric Utility Distribution and Right-of-Way Easement to Oncor Electric Delivery Company,
LLC, on City-Owned Property Located at 1800 University Drive, Described as Being 0.516 Acre
of Land in Lots 1 and 3, Block 1, Botanic Garden Addition, Fort Worth, Tarrant County, Texas.
2.M&C L-14763 - Approving the Acquisition of Two (2) Easements: One (1) Right-of-Way
Easement and One (1) Temporary Construction Easement from Rebecca Bolerjack at 3918
Keller Hicks Road, Described as Jesse Billingsley Survey, Abstract 70, Bolderjack Tract,
Located in North Fort Worth, Tarrant County, Texas, for the Widening of Keller Hicks Road;
Finding that the Price Offered in the Amount of $42,925.00, Plus Estimated Closing Costs of
$4,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate
Instruments (DOE 5843, Project No. 00791).
3.M&C L-14764 - Approving the Acquisition of One (1) Right-of-Way Easement Located at
4118 Keller Hicks Road, Described as Jesse Billingsley Survey, Abstract 70, Driskill Tract,
Located in North Fort Worth, Tarrant County, Texas, for the Widening of Keller Hicks Road
from Victor and Sharon Driskill; Finding that the Price Offered in the Amount of $52,000.00,
Plus an Estimated Closing Cost of $3,000.00, is Just Compensation; and Authorizing the
Acceptance and Recording of Appropriate Instruments.
4.M&C L-14765 - Approving the Acquisition of Two (2) Easements: One (1) Permanent
Drainage Easement and One (1) Temporary Construction Easement from BBC Meadows, LP, at
11328 Kenny Drive, Described as Parcel No. 24, a Portion of Lot 1, Block 3, Big Bear Creek
Meadows, Located in North Fort Worth, Tarrant County, Texas, for the Widening of Keller
Hicks Road; Finding that the Price Offered in the Amount of$9,500.00, Plus Estimated Closing
Costs of $1,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of
Appropriate Instruments (DOE 5843, Project No. 00791).
5.M&C L-14766 - Approving the Acquisition of Two (2) Easements: One (1) Permanent
Drainage Easement and One (1) Temporary Construction Easement Located at 11320 Kenny
Drive, Described as Parcel No. 25B, a Portion of Lots 2 and 3, Block 3, Big Bear Creek
Meadows, Located in North Fort Worth, for the Widening of Keller Hicks Road from REDUS
TX Homes, LLC; Finding that the Price Offered in the Amount of $7,283.00 Plus Estimated
Closing Cost of$1,000.00, is Just Compensation; and Authorizing the Acceptance and Recording
of Appropriate Instruments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 6 of 19
(XI. CONSENT AGENDA Continued)
6.M&C L-14767 - Approving the Acquisition of a Permanent Drainage Facility Easement
Located at 13501 Trinity Boulevard, Described as a Portion of Post Oak Village Addition, Block
7, Fort Worth, Tarrant County, Texas, from Frank A. and Rose Reaves for the Construction of
the South Pipeline Road Bridge Replacement for the Post Oak Channel; Finding that the Price
Offered in the Amount of $11,400.00, Plus an Estimated Closing Cost of $1,000.00, is Just
Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments.
E.Award of Contract- Consent Items
1.M&C C-23492 - Authorizing the City Manager to Enter into an Agreement in the Amount of
$25,000.00 with Workforce Solutions for Tarrant County for the City to Conduct Specific
Activities to Further the Early Childhood Matters Initiative; and Adopting Appropriation
Ordinance No. 18589-05-2009 Increasing Estimated Receipts and Appropriations in the Grant
Fund in the Amount of $25,000.00, from Available Funds, for the Purpose of Executing the
Agreement.
2.M&C C-23493 - Authorizing the Transfer of$48,810.61 from the Water and Sewer Operating
Fund to the Water Capital Projects Fund in the Amount of $21,901.91 and Sewer Capital
Projects Fund in the Amount of $26,908.70; Adopting Appropriation Ordinance No. 18590-05-
2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in
the Amount of$21,901.91 and in the Sewer Capital Projects Fund in the Amount of$26,908.70,
from Available Funds, for the Purpose of Authorizing an Engineering Agreement with Flowers
and Leist, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements
on Kelinert Street, Melody Street and Tasman Street, Project Number 6A-01234; and
Authorizing the City Manager to Execute the Agreement in the Amount of$75,337.03.
XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1721 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 7 of 19
XIII.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16561 - Accept $206,4 1.74 from the Fort Worth Local Development Corporation in
Order to Fund the Remainder of the City's Year Two (2) Funding Commitment Under that
Contract with the Fort Worth PartngEjhjQ_Lf Community Development; Adopt a Supplemental
Atmrot)riation Ordinance Increasin2 Estimated Receipts and Appropriations i the General
Fund in the Amount of $206,471.74, from Available Funds, for the Purpose of Amending and
Extendin2 the Professional Services Amement with the Fort Worth Part nershit) for Commun
Development; and Approve an Amendment to the Professional Services Agreement, City
Secretary Contract No. 36864,Extending its TeEqj_jq September_30,2009.
Mayor Pro tem Hicks advised of the need to recuse herself on this agenda item as she represented the
City Council on the Fort Worth Partnership for Community Development Board.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G-16561 be approved and Supplemental Appropriation
Ordinance No. 18591-05-2009 be adopted. The motion carried six (6) ayes to zero (0) nays,
with Council Member Scarth absent and one (1) abstention by Mayor Pro tem Hicks.
2.M&C G-16562 - Authorize the City Manager to Submit the City of Fort Worth's Fiscal Year
2010 Funding Armlication to the Crime Control and Prevention District Board of Directors.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. G-16562 be approved. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Member Scarth absent.
3.MSC G-16563 - Authorize the City Manager to Accent a Monetary Donation in the Amount
of $750.00 from the CHjjj e a to se for the Fire Safety Education Trust; a nd
Ador)t an Atmrot)riation Ordinance Increasing the Estimated Recei s and Atmropriations in
jhL Special Trust Fund in the Amount of $750.00, from Available Funds, for the Purpose of
Providin2 Funds for the Fire Safety Education EL2gram.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mayor and
Council Communication No. G-16563 be approved with appreciation and Appropriation
Ordinance No. 18592-05-2009 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
MAY 5, 2009
PAGE 8 of 19
4.M&C G-16564 - Conduct a PubliLligaEing_12_Al!gMLLililgn_iMt and Consideration of the
Proposed Plan for Use of Homelessness Prevention and Rapid Re-Housing Program Grant
Funds from the United States DeD art ment of Housing, and Urban eve e ; ADDrove a
Substantial Amendment to the City's Cons ate d Plan and 2008 — 2009 Action Plan for Use of
Federal Grant Funds in the Amount of$2,746,929.00 for the Homelessness Prevention and Rapid
Re-Housin2 Pro2ram; Authorize the City Mgggggr or His Designee to Execute a Grant
Agreement with the United StateL_Poartment of Housing and Urban Development in the
Amount of $2,746,92 .00 for the Program, Along with the Execution of a Associated
Certifications and Related Documents as May be Required by the United States Department of
Housing and Urban Development in Order to Administer the an
Appropria ion Ordinance Increasing Est mated Receipts and Appropri tions in the
Homelessness Prevention and Rapid Re-Housing Program Section of the Grants Fund in the
Amount of $2,746,929.00, Upon Receipt of t e Grant from the United States Dep art men of
Housing and Urban Development, for the Purnose of Authorizing a Homelessness Prevention
And_RaRid Re-Housing Program Agreeme t with the United States Housing and Ur an
Deve lonment.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Renort of Citv Sta
Ms. Cynthia Garcia, Assistant Director, 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: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the public
hearing be closed and Mayor and Council Communication No. G-16564 be continued until
the May 12, 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
MAY 5, 2009
PAGE 9 of 19
5.M&C G-16565 - Conduct a Public Hearing2n Amending the Imnact Fees for Water and
Wastewater Facilities in the City Code, Chapter 35, "Water and Sewers," Article 111, "Charges";
and Adopt an Ordinance Amending Chapter 35, "Water and Sewers",of the Code of the City of
Fort Worth Division 2 "Water and
Wastewater —Reference into Section 35-
70.3(a), 35-73(a) and Section 35-78(a); Further by Amending Schedule 2, Incorporated by
Reference into Section 35-70.3(b), 35-73(b) and Section 35-78(b); Further by Amending Exhibit
D, Incorporated by Reference into Section 35-72 (A); Further by Amending Exhibit F,
j_
Incorporated by Reference into Sec
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.BgR2LL2LLjL_aLaff
Ms. Wendy Chi-Babulal, Senior Professional Engineer, Water Department, appeared before Council
and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and
Council Communication No. G-16565 be approved and Ordinance No. 18593-05-2009 be
adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Member Scarth absent.
D.Land
1.M&C L-14768 - Authorize the City Manag r to Declare the Necessi a i a terest in
a Portion of Land for Condemnation of Two (2) Easements: One (1) Permanent Sewer Facility
Easement and One (1) Temporary Construction Easement within the R. Matany Survey,
Abstract No. 878 Fort Worth arrant County, Texas, Owned by Oak Creek Trails, LP, is is
Reguired for the Construction of a Sanitary Sewer to Facilitate Industrial Developments
International Business Park Develonment; and Authorize the City Attorney to Institute
Condemnation ProceediflgI12 Acquire Interest in the Land.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L-14768 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
MAY 5, 2009
PAGE 10 of 19
2.M&C L-14769 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as
Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find
that No Feasible or Prudent Alternative Exists to the Utilization of Rosemont Park Located at
1400 West Seminary Drive, North of Seminary Drive, East of 8th Street, South of Bolt Street and
West of 6th Street, Fort Worth, arrant CounlL_T axes, for the Construction of a Joint Use
Recreational Facility and Elementary School in Partnership with the Fort Worth Independent
School District Find that the Proposed Conversion Includes all Reasonable Planning to
Minimize Harm to the Parkland- and Close the Public Hearing and Authorize the City Manager
to Convert Approximately 15.45 Acres of Dedicated Parkland for the Construction of a Joint Use
Facility and Elementary School.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Rer)ort of Citv Sta
Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this issue.
c.Council Action
Motion: Council Member Bums made a motion, seconded by Council Member Espino, that the
public hearing and Mayor and Council Communication No. L-14769 be continued until the
May 12, 2009, Council Meeting. The motion carried six (6) ayes to zero (0) nays, with
Council Member Scarth absent and one (1) abstention by Council Member Moss.
F.Award of Contract
1.It was the Consensus of the Council that May and Council Communication No. C-2
Authorize a Contract in the Amount of $3,931,769.09 with L.H. Lacy Company, Ltd., for
Pavement and Drainage Const uction on Edwards Ranch Road, Phase 11; Authorize
Amendment No. 2 to City Secretary Contract No. 31709, an Infrastructure Development
Agreement with Edwards Gere n Limited; Accept $1,186,061.59 fro Edwards Gere n Limited
for Additional Pavement and Storm Drainage Capacity and Adopt Appropriation Ordinance.,be
Continued Until the MaLI2
,2009,Council MegIL ng.
_
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 11 of 19
2.It was the Consensus of the Council that May and Council Communication No. C-23
Authorize a Contract in the Amount of $120,601.02 with C. Green Scaring, LP, for Irrigation,
Street Li2htin2, Sidewalk and LandscaDin2 ImDrovements on Edwards Ranch Road Phase I
Bryant Irvin Road to Acme Court, Accept $38,558.25 from Edwards Green Limited for the
Additional IELjgAjj2g and Landscaping Impro ements and Adopt Appropriation Ordinance, e
Continued Until the May 12, 2009, Council Meeting.
3.M&C C-23496 - Authorize the City Manner to Execute an Interlocal Amement with
Tarrant CoUnlyTexas,Under is Tarrant L2HflL_M2!Provide o the
City for Tranwortation Related Legislative Services that will Benefit Both the City of Fort
Worth and Tarrant County, Authorize Acce tance of $200,000.00 front Tarrant County Under
the Interlocal Agreement and Adopt g_Supplem eta l Appropriation Ordinance Increasin
Estimated Receipts and_ARRL22LjRtions in the General Fund in the Amount of$2 Upon
Receipt of Funds from Tarrant County, Texas for the Purpose of Executing an Inter lo al
Agreement with Tarra!ILCounty for Transportation-Related Legislative Services Authorize the
Use of Such Funds for HillCo Partners, LLC, to Provide Additional Transportation Related
LEgjAAjjM Services Under the Cily's Existing Professional Services Agreement with HillCo
Partners., LLC, City Secretary Contract No, 38292 as Amended- and Authorize the City
Manager t Execute the Amendment Increasing Funding hereunder bj $100,000 00.
Mayor Pro tem Hicks requested clarification and asked if the funding would used for legislative
services in a special session of the Texas Legislature.
City Manager Fisseler stated the funds were not for a special session but were payable from Tarrant
County and Dallas County to the City to be utilized for the related costs of Interlocal Agreement with
Hillco Partners for legislative services regarding transportation issues.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23496 be approved and Supplemental Appropriation
Ordinance No. 18594-05-2009 be adopted. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Member Scarth absent.
4.MSC C-23497 - Authorize the City Manager to Execute Amendment No. I to City Secretary
Contract No. 35352 in the Amount of $165,573.00 an Engineering Agreement with Dunaw ay
Associates, LP, for the Design of the Randol Mill Culvert Improvements, Thereby Revising the
to Contract Cost to $190,073.00.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. C-23497 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
MAY 5, 2009
PAGE 12 of 19
5.It was the Consensus of the Council that May and Council Communication No. C-2
Authorize an Enineerin Services Agreement with TranSystems Corttoration Consultants in the
Amount of $549,732. 0 for the Design of North Beach Street from Timberland Boulevard to
Keller Hicks Road, he Continued Until the May 19,2009
,Council Me
6.MSC C-23499 - Rescind MSC C-23396 Authorizing a Reimbursement Agreement with
DDJET Limited LLP- and Authorize the City Manager to E ecute a Reimbursement
Agreement with Texas Midstream Gas Services, LLC, in the Amount of$230,000.27 to Relocate
e ( Pi efine Crossing the Prop se d Widening of Golden Triangle oulevard from Interstate
Highway 35W to US Highway 377.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23499 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
7.MSC C-23500 - Rescind MSC C-22827 Atmroved on May 27, 2008, for the Purpose of
Eglijing_j!j��an Inter local Agreeme t with the City of Burleson; Auth rize the Cit
Manner to Execute an Inter local Amement with the Citv of Burleson in the Amount of
$240,000.00 for Street Improvements on McAlister Road from its Intersection with the
Southbound r tae ad of InteEEjgjt_jjjg!jwav 35W then West Approxim ate 1v 1,466 Feet o
the Improved Roadwav 100 Feet West of the Union Pacific Railroad; Adopt an Appropria ion
Ordinance Increasing_Estimated Receipts and Appropriations in the Future Improvements
Project of the Special Assessments Fund in the Amount of$240,000.00, from Previous Develotter
Contributions,for the Purpose of Transferring said Funds to the New Development Fund;
Authorize the Transfer of $240,000.00 from the Sp cial Assessments Fund to the New
Development Fund- Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the New Development Fund in the Amount of $240,000.00, from Available
Funds for the Purpose of Funding Street Improvements on McAlister Road, and Authorize the
Execution of an Agreement with Kimley-Horn and Associates in the Amount of$226,000.00 for
Desi2n Work.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23500 be approved and Appropriation Ordinance Nos.
18595-05-2009 and 18596-05-2009 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
MAY 5, 2009
PAGE 13 of 19
8.M&C C-23501 - Adopt a Res lution A t rizi t o xecution of an Interlocal Agreeme t
with the Texas Department of Transportation to Flag Registrations of Owners of Vehicles that
are Delinquent in the Pavment of Civil Penalties Imposed by the Citv's Automated Red Light
Enforcement±L2gram in the Amo on
Ordinance jfliEEaajM Estimated Receipts and Appropr ations in the Automated Red Li
Enforcement Program Fund in the Amount of S5,1aa.a0 from Available Funds for the Purpose
2f Fundin&the Interlocal Agreeme t.
Council Member Jordan stated that Mayor and Council Communication Nos. C-23501, C-23502, and
C-23503 were related to the Municipal Court and the corrective action taken in that department.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. C-23501 be approved and Resolution No. 3736-05-2009 and
Supplemental Appropriation Ordinance No. 18597-05-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
9.MSC C-23502 - Authorize an Interlocal Agreement with the Texas Det)artment of Public
Sae t a river's License Records of Individuals who Either Fail jq Appear or to Satisf y a
Judgment for Offenses Under Municit)al Court Jurisdiction.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Bums, that Mayor and
Council Communication No. C-23502 be approved. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Member Scarth absent.
10.MSC C-23503 - Ador)t a Resolution Authorizing Execution of an Interlocal Agreement with
the Texas Department of Transp rtation to E!Ag Vehicle Records of Individuals who have
Outstanding Warrants for Failure to Appear or Failure to Pav a Traffic Fine on a Comt)laint
Involving Violation of a Traffic Law; and Adopt a Supplemental Appropriation Ordinance
Increasing_Estimated Receit)ts and ADDrogriations in the General Fund in the Amount of
$28,006.00 Agreement.
,from Available Funds, for the Pur ose of AuthorizingtheInterlocalAg.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Bums, that Mayor and
Council Communication No. C-23503 be approved and Resolution No. 3737-05-2009 and
Supplemental Appropriation Ordinance No. 18598-05-2009 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
MAY 5, 2009
PAGE 14 of 19
XIV.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 April 16, 2009. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
a.Cases Recommended a
1.Zoning Do c et m 2 - V Le ett c., 332 c a a r "A-5" e-
Family to `PER`P Nei2hhorhood Commercial Restricted.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Docket No. ZC-08-192 be approved. The motion carried unanimously seven (7) ayes to zero
(0) nays, with Council Member Scarth absent.
2.Zoning Docket No. ZC-08-205A - City of Fort Worth Planning and Development, 901
Sjcamore School Road,; from PP PP -Density Multi-Family and "E" Neighborhood
Commercial to "A-5" One-Fancily.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Docket No. ZC-08-205A be continued until the May 26, 2009, Council meeting. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent.
3.Zoning Docket No. ZC-09-022 - Courtyards at River Park, 3201 River Park Lane South; from►
"D" High Density t a y to PP- D/1)" a e Development for Density t a y
Plus Assists iyi ; Site Plan Included.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-09-022 be approved. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Member Scarth absent.
4.Zoning Docket No. ZC-09-028 - Sagamore Baptist Church, 2301 Dottie Lynn Parkway; from
PPA-5" e- a 1 y to PP PP Community aci 1ti S.
Mr. Johnny Caster, 2301 Dottie Lynn Parkway, appeared before Council in support of the zoning
case. He provided photographs and information related to signage at the Sagamore Baptist Church and
stated that "A-5" One-Family zoning did not allow for large signage.
(Council Member Scarth assumed his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 15 of 19
(ZC09-028 Continued)
Council Member Moss stated he would continue this item to the May 26, 2009, Council meeting
because he proposed that the zoning be changed to "E" Neighborhood Commercial rather than "CF"
Community Facilities and further stated the agenda item would need to be re-advertised for three (3)
weeks.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-028 be continued until the May 26, 2009, Council meeting. The motion
carried unanimously eight(8) ayes to zero (0) nays.
5.Zoning Docket No. ZC-09-029 - Dale Heflin, 1290 Cantrell Sans oiri Road; front `°AG`°
Agricultural to "I" Light Industrial.,
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-09-029 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays.
6.Zoning Docket No. ZC-09-031 - Larry Love, 8417 Crosswind Drive; from `°A-5`° One-Faixiily
to "PD/S " Planned eve a t/S eci is Use for Sin2je Fami1v Residential Plus Second
Kitchen; Site Plan Waiver Recommended.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-09-031 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays.
7.Zoning Docket No. ZC-09-034 - SK Highland Meadows LP, 301 East Bonds Ranch Road; front
"A-5`° e- a i y to "I" Li2ht Industrial.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-09-034 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays.
8.Zoning Docket No. ZC-09-035 - Summit Avenue Properties, 1312, 1316, 1320 and 1324
a i er Strut; r v'G" Intensive Commercial to "H" Central Si esS District.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-035 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 16 of 19
9.Zoning Doc et No. ZC-09-037 - City of Fort Worth Planning & Development, 2709 NW 20th
Street; from "B" Two-Family to " -5" One-FaMLIL.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-037 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
10.Zoning Docket No. ZC-09-038 - City of Fort Worth Planning and Development, 2803 Gould
Avenue; fr m "B" Twolfamily to "A-5" One-
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-038 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
11.Zoning Docket No. ZC-09-039 - City of Fort Worth Planning and Development, 3203 Loving
Avenue; fr m "B" Two-Familv to "A-5" One-EgMLdL.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-039 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
12.Zoning Docket No. ZC-09-040 - City of Fort Worth Planning and Development; Celebration
Community Church, 908 Pennsli ania Avenue; from "N -T4" Near Southside-Gen era l Urban
to "NS-T4/HC" Near Southside-Gen era.l Urban/Historic & Cultural Overiay.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Zoning
Docket No. ZC-09-040 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
13.Zoning Docket No. ZC-09-041 - City of Fort Worth Aviation Department
,201 Aviation Way;
from "I'D/1" Planned Deve t for "I" Light stria Uses with Exclusions Plus Aviation
Related Uses; Site Plan Waived to "PD/I/HC" Planned Development for "I" Light Industrial
Uses with Exclusions Plus Aviation Related Uses/Historic & Cultural ver ay.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-041 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 17 of 19
14.Zoning Do ket No. ZC-09-042 - ytof_Fort Worth Planning and Development; PPC
Firestone, 1000 West 7th Street; r om "H[DD" Central Business District[Demolition Delay t o
"H" Central Business District.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-042 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
15.Zoning Docket No. ZC-09-043 - City of Fort Worth Planning and Development, 7200 and
7400 Blue Mound Road; from " -5" One-Family, "R1" Zero Lot Line/Cluster,- "C" Medium
kgfljjj3���'OM" Office Midrise and "I" Ligh Industrial to "A-5" 0
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-043 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
16.Zoning Docket No. ZC-09-044 -_Citj of Fort Worth Planning and Development, 4200 through
4400 Blocks of Heritage Glen Drive, 8851,9700 through 9800 Blocks of North Beach Street; from
"A-5" One-Family, "RI" Zero Lot Line/Cluster, "C" Medium Density Multi-Family and "E"
Neighborh od Commercial to "A-5" One-Familv and "E" Neighborhood Commercial.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-044 be approved. The motion carried unanimously eight (8) ayes to zero
(0) nays.
b.Cases Recommended for Denial
1.Zoninp Docket No. ZC-09-021 - Basswood Development LTD, 7301 orth Freeway 1-35W -
from "I" LighLingligEial to "C" Medium De ly Multi-Family.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Zoning
Docket No. ZC-09-021 be continued until the June 2, 2009, Council meeting. The motion
carried unanimously eight (8) ayes to zero (0) nays.
2.Zoning Rocket No. ZC-09-032 - Ramon Chavez, 3509 Decatur Avenue; "E"
Neighborh od Commercial to "FR" General Commercial Restricted.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-09-032 be continued until the June 2, 2009, Council meeting. The
motion carried unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 18 of 19
3.Zoning Do ket No. ZC-09-033 - Juan Martinez, 4401 Cole Street; r om "E" Ne
Commercial to "F" General Commercial.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC-09-033 be denied with prejudice. The motion carried unanimously eight (8)
ayes to zero (0) nays.
Mayor Pro tem Hicks acknowledged Bishop Kenneth Spears from First Saint Baptist Church, District
8, who was in the audience.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Mayor Pro tem Hicks made a motion,
seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be
adopted:
ORDINANCE NO. 18599-05-2009
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 eight (8) ayes to zero (0) nays.
XV.CITIZEN PRESENTATIONS
1.Mr. Cliff erica!"
Mr. Cliff Lindsay, 500 West Loop 254, Ranger, Texas, appeared before Council and provided a
presentation entitled, "Wake Up America" and distributed to the Council Members handout materials.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
MAY 5, 2009
PAGE 19 of 19
(XV. CITIZEN PRESENTATIONS Continued)
2.Mr. Joe Don Brandon, P.O. Box 1155, "Henderson Bazaar Gas Well- Unsafe New Evidence
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that he would address
Council on the Henderson Gas Well at the May 12, 2009, Council meeting. He expressed appreciation
to the City Council for their care and support and wished those involved in the May 9, 2009, City
Election, good luck. He advised the Council of the importance of Bike Month and bike travel and
encouraged everyone to ride a bike at least once per week. He advised that there was a wire that was
down in the street near City Hall and stated that a car could easily catch the wire and cause an accident.
XVI.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
XVII.ADJOURNMENT
There being no further business, the meeting was adjourned at 7:50 p.m.
These minutes approved by the Fort Worth City Council on the 12th day of May, 2009.
Attest: Approved:
inn t
Marty Hen rix ' ` Mi hael oncrief
City Secretary Mayor
i