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HomeMy WebLinkAbout2009/08/04-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Absent Council Member Salvador Espino, District 2 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:03 p.m. on Tuesday, August 4, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino absent. II. INVOCATION - Pastor Harold Bullock, Hope Church The invocation was provided by Pastor Harold Bullock, Hope Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 28, 2009 Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the minutes of the regular meeting of July 28, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 2 of 21 V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Mayor Moncrief welcomed Scout Master Dave Hunt and Boy Scouts Ryan Hunt and Orion Sanders from Boy Scout Troop 350, Longhorn Council, Trinity Trails District, to the City Council meeting. He stated that the Boy Scouts taught life lessons and wished the scouts great success in the future. VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Pro tem Scarth advised that the Southern National Softball Fast Pitch Tournament for girls age 14 and younger was held last week. He stated that the tournament involved 28 teams and yielded 1,125 overnight hotel rooms equaling approximately $500,000.00 in economic dollars to the city of Fort Worth. He expressed appreciation to the Parks and Community Services Department for maintenance of the softball fields and excellent customer service. He stated another tournament would be held at the end of the month for approximately 45 teams. Council Member Burdette announced that the Navy named a ship after the City of Fort Worth. He stated that Congresswoman Kay Granger headed a long campaign to have the ship named for the 17th largest city in the nation. He further stated that the USS Fort Worth was a literal combat ship (LC-3) and would be 378 feet in length, had a waterline beam of 57 feet, weighed approximately 3,000 tons and would make speed in excess of 40 knots. He advised that the keel was laid for the ship on July 11, 2009, in Marinette, Wisconsin, and was expected to be christened in December 2010 and commissioned by the Navy in July 2012. He further advised that the ship would be in commission for approximately 30 to 40 years. He stated that the USS Fort Worth Committee had been established and it would lend support to the ship's crew and families of the crew. Council Member Hicks announced that one final chance remained for Fort Worth residents to give their input on Crime Control and Prevention District (CCPD) programs and strategies. She stated the final meeting would be held on August 6, 2009, at 7:00 p.m. at the Fort Worth Police Training Center, located at 1000 Calvert Street. She also expressed appreciation to the Hispanic Christian Network who allowed her to be a part of a panel of Fort Worth women who had accomplished great things for Fort Worth. She also announced that former Mayor Pro tem Ralph McCloud's mother Ms. Bessie McCloud was very ill and requested that the family be kept in everyone's thoughts and prayers. Mayor Moncrief announced that the meeting would be adjourned in honor of Ms. Bessie McCloud a life long resident of District 8 and in support of former Mayor Pro tem Ralph McCloud. 2. Recognition of Citizens No citizens were recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 3 of 21 VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. C-23697 be withdrawn from the Consent Agenda. VIII. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. IX. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership 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: Council Member Hicks made a motion, seconded by Council Member Burns, that the Consent Agenda be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. A. General - Consent Items 1. M&C G-16637 - Authorizing the City Manager to Reject all Bids Received for Construction of the Hyde Park Transit Plaza Project and Ninth Street Pedestrian and Streetscape Enhancements Project; and Authorizing Re-Advertising of the Projects for Bid. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11012 - Authorizing a Purchase Agreement with West Government Services Using Texas Multiple Award Schedule Contract No. TXNIAS-3-520010 for Access to AutoTrackXP for the Police Department for an Amount Up To $80,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 4 of 21 (XI. CONSENT AGENDA Continued) 2. M&C P-11013 - Authorizing an Increase to the Purchase Agreement with Stovall Petroleum Corporation for Fuel System Maintenance for the Equipment Services Department in the Amount of$35,000.00 for a New Annual Amount of$175,000.00 Combined. C. Land - Consent Items 1. M&C L-14816 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 2901 Whitmore Street, Fort Worth, Texas, Described as North V2 Block 17, Weisenberger Addition, to James Edward Torres in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $5,587.41; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. D. Planning & Zoning - Consent Items 1. M&C PZ-2837 - Authorizing the City Manager to Initiate Certain Zoning Changes in the 10300 Block of West Cleburne Road from Various Districts to "A-5" One-Family, in Accordance with the Comprehensive Plan. 2. M&C PZ-2838 - Authorizing the City Manager to Initiate Certain Zoning Changes in the Echo Heights Neighborhood from Various Districts to "A-10" One-Family, "A-7.5" One- Family, "A-5" One-Family, `B" Two-Family, "R2" Townhouse/Cluster, "MH" Manufactured Housing, "CF" Community Facilities, "E" Neighborhood Commercial, "I" Light Industrial and "PD" Planned Development, in Accordance with the Comprehensive Plan. E. Award of Contract- Consent Items 2. M&C C-23698 - Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County to Participate in the Tarrant County Regional Auto Crimes Task Force; Accepting an Estimated $166,788.00 from the Tarrant County Regional Auto Crimes Task Force Grant; Transferring $39,197.00 from the General Fund to the Grants Fund for the City's Match; Authorizing the Interlocal Agreement to be Extended by Written Mutual Agreement for Four (4) One (1) Year Option Periods; and Adopting Appropriation Ordinance No. 18738-08- 2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $205,985.00, Subject to Receipt of a Grant from Tarrant County, for the Purpose of Conducting Auto Theft and Burglary of Motor Vehicle Investigations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 5 of 21 (XI. CONSENT AGENDA Continued) 3. M&C C-23699 -Authorizing the Transfer of$55,937.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18739-08- 2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, from Available Funds, for the Purpose of Providing Additional Funding for Sanitary Sewer Rehabilitation Contract LXVII (67) on University Drive and Adrian Drive; and Authorizing the City Manager to Execute Amendment No. 8 to City Secretary Contract No. 28790 with Lockwood,Andrews & Newnam, Inc. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS-1733 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIIL REPORT OF THE CITY MANAGER E. Award of Contract- (Removed from Consent Agenda for Individual Consideration) 1. M&C C-23697 - Authorizing the City Manager to Execute a Contract in the Amount of $70,000.00 with Westhill Construction, Inc., for 365 Days for the Installation of 53 Speed Cushions and Five (5) Raised Crosswalks at Various Locations in the City of Fort Worth for Traffic Calming. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Council Member Zimmerman stated that in light of the current budget crisis that the $70,000.00 could be used more constructively elsewhere such as to repair streets. He further stated that speed humps and cushions often created more issues such as, traffic changes and congestion as well as increased noise and pollution. He advised that he would request that this item be continued until the August 18, 2009, Council meeting. Council Member Burdette stated that this item involved at least six (6) streets in District 7, and he would use the additional time to confer with staff and review the briefings on the streets in his district. Council Member Hicks requested that staff provide information regarding how the streets were selected to receive speed cushions and raised sidewalks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 6 of 21 (C-23697 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns that Mayor and Council Communication No. C-23697 be continued until the August 18, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) B. General 1. M&C G-16638 - Accept the Trinity River Vision Neighborhood Recreational Enhancement Plan as a Guide for Improving Neighborhood Access and Enhancing Recreational Activities Along the Trinity River and its Tributaries and Incorporate the Plan as an Addendum into City's Park Recreation and Open Space Master Plan. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16638 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 2. M&C G-16639 - Adopt a Resolution Increasing the Maximum Amount to be Paid to Cantey and Hanger by $150,000.00 for Assisting the City with Legal Issues Including, but Not Limited to, Real Estate Concerning the Southwest Parkway, State Highway 121T, Thereby Establishing the Maximum Fee at $1,250,000.00. Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16639 be approved and Resolution No. 3772-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 3. M&C G-16640 - Approve Expenditure of$900,000.00 from the City's General Fund Portion of the Fort Worth Housing Trust Fund to Fort Worth-Eastland Housing Partners, Ltd., to Substitute for Previously Authorized City HOME Funds for an Interim Construction Loan for the Construction of the Residences at Eastland Located at 5500 Eastland Street. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G-16640 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 7 of 21 4. M&C G-16641 - Approve the Appointment of Robert Rouse of the Fort Worth City Plan Commission to the Capital Improvements Advisory Committee for Transportation Impact Fees, Effective August 4, 2009, and with a Term Expiring October 1, 2010, and Remove Mark Barnes From Same. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16641 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 5. M&C G-16642 - Adopt Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Crime Control and Prevention District Fund in the Amount of $318,038.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Funding Fiscal Year 2007-08 Unexpended Appropriations. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16642 be approved and Supplemental Appropriation Ordinance No. 18740-08-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 6. M&C G-16643 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Park Gas Lease Proiect Fund in the in the Amount of $188,150.07, from Gas Well Royalty Revenues, for the Purpose of Transferring Said Funds to the Park Improvements Fund; Authorize the Transfer from the Park Gas Well Lease Fund to the Park Improvements Fund; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Park Improvements Fund, from Available Funds, for the Purpose of Reimbursing the YMCA for the City's Portion of Costs for the Northyark Community Center/YMCA; and Execute Amendment No. 1 to City Secretary Contract No. 35235 Between the City of Fort Worth and the YMCA of Metropolitan Fort Worth for the Joint Use Recreational and Community Facility at Northyark Increasing the City's Construction Funding Participation Cost and Reimbursement to the YMCA in the Amount of $125,450.07 and Allowing Payment of$62,700.00 to Cover Non-Construction Expenses. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16643 be approved and Appropriation Ordinance Nos. 18741-08-2009 and 18742-08-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 8 of 21 7. M&C G-16644 - Consider a Waiver Request by Chesapeake Operating, Inc., to Issue a Multiple Gas Well Site Permit for the Aussie Lease Located at 1291 Foch Street to Allow Multiple Gas Wells to be Drilled Less than 600 Feet from Trinity Park and Other Protected Uses (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item and Mayor and Council Communication G-16645. (Council Member Jordan left his place at the dais.) a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Council Member Burns stated that he would continue the item for at least one week to allow for negotiations between Chesapeake and the community. b. Citizen Presentations The following individuals appeared before Council in opposition to Mayor and Council Communication G-16644 and requested that the item be continued until one of the evening meetings in September to allow for negotiations between Chesapeake and the community: Ms. Gretchen Denny, 2717 Museum Way Ms. Jerre Tracy, 1110 Penn Street, represented Historic Fort Worth, Inc. Ms. Alice Cranz, 2728 Miro Court The following individuals completed Citizen Presentation Cards in opposition to Mayor and Council Communication G-16644 but did not wish to address the Council: Mr. George Bristol, 2717 Museum Way Ms. Malinda Crumbley, 3606 Hamilton Avenue Mr. Gordon Appleman, Bellaire Circle Mr. Arthur Weinman, 3717 Stoney Creek Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 9 of 21 (G-16644 Continued) c. Council Action Council Member Burns advised that he would continue Mayor and Council Communication G-16644 until the August 18, 2009, Council meeting. He explained that Chesapeake had certain deadlines that must be met and stated that approval of the item could not be delayed until September. Council Member Burdette stated he hoped that in the meantime the Council would have an opportunity to learn who had signed oil and gas leases and whose gas was going to be produced there. He stated those people were involved in this issue as well as those people within the 600 foot circle. He stated that he was unsure who the people were that had granted leases and who had not, so he hoped that during the intervening time Council would be able to get that information either from staff or those who had granted those leases. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G-16644 be continued until the August 18, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and one (1) abstention by Council Member Jordan. 8. M&C G-16645 - Consider a Waiver Request by Chesapeake Operating, Inc., to Allow for the Valley West 1H Gas Well on the Valley West Lease to be Drilled at 3699 Williams Road, Less Than 600 Feet from a Protected Use (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Council Member Zimmerman referred to the map of the area and advised that there were four places affected by this issue. He stated that place 1 was an apartment complex and places 3 and 4 identified on the map were residences that had approved waivers and that place 4 was a senior citizen facility that had not approved the waiver. He pointed out that this was a procedural issue between the Board of the senior citizen facility and the Department on Housing and Urban Development. He added that he had over 140 letters, faxes and e-mails in support of the gas well. Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16645 be approved. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 10 of 21 (G-16645 Continued) b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication G-16645: Ms. Janice Handley, 4012 Regan Drive Mr. J.R. Walker, P.O. Box 931, Stephenville, Texas Ms. Holli Strong, representing Chesapeake, 100 Energy Way, represented Chesapeake Operating, Inc. The following individual appeared before Council in opposition to Mayor and Council Communication G-16645 and requested that the Council delay the vote on the item: Mr. Billy Bradbury, 3800 State Highway 377 South The following individuals completed Citizen Presentation Cards in support of Mayor and Council Communication G-16645 but did not wish to address the Council: Mr. Robert Handley, 4012 Reagan Drive Ms. Susan Burkhart, 4012 Bonnie Drive Ms. Beverly Elane, 4100 Bonnie Drive Ms. Josie Copeland, 8309 Llano Avenue The following individual completed a Citizen Presentation Card in opposition to Mayor and Council Communication G-16645 but did not wish to address the Council: Mr. Gordon Appleman, Bellaire Circle c. Council Action Motion: The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 11 of 21 C. Purchase of Equipment, Materials, and Services 1. M&C P-11014 - Authorize a Purchase Agreement with Mainline Supply Company for Poly Vinyl Chloride Water and Sewer Pipe for the Water Department for an Amount Up To $185,000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P-11014 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 2. M&C P-11015 - Authorize a Purchase Agreement with Lawn Patrol Service, Inc., to Provide Channel Maintenance and Mowing Services for the Transportation and Public Works Department for an Annual Amount Up To $191,307.00. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-11015 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 3. M&C P-11016 - Authorize an Increase in Expenditures for Maintenance and Repairs for the Elevator and Escalator Maintenance Contract with ThyssenKrupp Elevator Corporation in the Amount of$143,709.00. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-11016 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. F. Award of Contract 1. M&C C-23700 - Authorize the City Manager to Execute an Agreement Between the Tarrant County Tax Assessor-Collector and the City of Fort Worth for Providing Assessment and Collection Services of Ad Valorem Taxes Levied by the City of Fort Worth for the 2009 Tax Year, Fiscal Year 2010, Covering the Period October 1, 2009, to September 30, 2010. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23700 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 12 of 21 2. M&C C-23701 - Authorize the City Manager to Execute an Economic Development Program Agreement with Cypress Equities, L.P., For a Loan Up to $390,000.00 for the Acquisition, Design and Construction of Improvements on Property in the Evans and Rosedale Urban Village, (Lots 13R and 17R, Block 3, Being a Replat of Lots 13-17 and 24-28 of Block 3,W.J. Boaz Subdivision, Evans South Addition); and Execute a Loan Agreement with the Fort Worth Local Development Corporation to Fund the Agreement. The following individuals appeared before Council in support of Mayor and Council Communication C-23701 and regarding the need for urban development in the area: Ms. Mary Blakemore, 1306 Illinois Avenue Mr. Cleveland Harris, 1037 Colvin Street Mr. Andre McEwing, 1150 South Freeway, representing the Greater Metropolitan Black Chamber of Commerce Mr. Brett Witzig, 8434 Douglas Avenue, Dallas, Texas, representing Cypress Equities - Jack-In-The- Box Council Member Hicks recalled public meetings in 2007 that were held to discuss urban development in the Rosedale area and stated that it was long overdue for community development. She stated that redevelopment of the area would also provide for infrastructure improvements. Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23701 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 3. M&C C-23702 - Authorize the City Manager to Execute an Interlocal Agreement with Tarrant County for Rehabilitation of Old Denton Road at Two Locations: One (1) from Thompson Road to North Tarrant Parkway and One (1) from Heritage Trace Parkway to 975 Feet South of Shiver Road with City Participation in the Amount of $313,100.00 For Materials and Necessary Traffic Controls During Construction. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23702 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 13 of 21 4. M&C C-23703 - Authorize the City Manager to Authorize the Transfer of$718,362.50 from the Water and Sewer Operating Fund to the Water Capital Proiects Fund in the Amount of $388,373.00 and Sewer Capital Proiects Fund in the Amount of $329,989.50; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Water Capital Proiects Fund and the Sewer Capital Proiects Fund, from Available Funds for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2006, WSM-B; and Execute a Contract with S.H.U.C. Inc., in the Amount $640,082.50 for Water and Sanitary Sewer Replacements Contract 2006, WSM-B on Ava Court Drive, Gunnison Trail, Pecos Street and North Tarrant Parkway. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23703 be approved and Appropriation Ordinance No. 18743-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 5. M&C C-23704 - Authorize the City Manager to Execute Change Order No. 1 in the Amount of$230,780.75 to City Secretary Contract No. 36651 with S.J. Louis Construction of Texas, Ltd., For the Village Creek Wastewater Treatment Plant Trinity River Pipeline Crossing Proiect, Parallel Pipeline. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23704 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 6. M&C C-23705 - Authorizing the City Manager to Rescind M&C C-23515 Approved May 12, 2009, for the Purpose of Revising the Amount of the Contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company; Authorize the Transfer of $58,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Proiects Fund; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Sewer Capital Proiects Fund, from Available Funds, for the Purpose of Providing Additional Funding for Sanitary Sewer Rehabilitation Contract LVIII (58) Part 1; and Execute the Contract in the Amount of $586,310.00. Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23705 be approved and Appropriation Ordinance No. 18744-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 14 of 21 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 July 17, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1. Zoning Docket No. ZC-09-021 - Basswood Development, LTD., 7301 North Freeway (I-35W, from "I" Light Industrial to "C" Medium Density Multi-Family (Continued from June 2, 2009) (Recommended for Denial Without Preiudice). Mayor Moncrief advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-021 be denied without prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and one (1) abstention by Mayor Moncrief. 2. Zoning Docket No. ZC-09-044A - City of Fort Worth Planning and Development Department, 9800 Block of North Beach Street, from "C" Medium Density Multi-Family to "R2" Townhouse/Cluster (Recommended for Approval). Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-044A be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 3. Zoning Docket No. ZC-09-045 - 2-Winds Property, LLC, 3291 House Anderson Road, from "AG"Agricultural to "I" Light Industrial (Recommended for Approval). Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-045 be continued until the August 18, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 15 of 21 4. Zoning Docket No. ZC-09-070 - City of Fort Worth Planning and Development Department, Text Amendment: Sims: An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as Amended, by Amending Article 4 "Sims" of Chapter 6, "Development Standards"; to Amend Section 6.401 "Definitions" to Rename the Section ,Enforcement" and Add Lanmage Relating to Enforcement and Move the Definitions Contained Therein to Chapter 9, "Definitions"; to Amend Section 6.411, "Electronic Changeable Copy Sims: to Clarify that Variances are Not Allowed; and to Revise Definitions of "Sims", "Attached Signs" and "Temporary Signs"; and Add Definitions for "Inflatable or Balloon Signs" and "Proiected Image Signs" in Chapter 9 (Recommended for Approval). Ms. Dana Burghdoff, Deputy Director Planning and Development Department, appeared before Council and read the following amendment to the text amendment into the record: • Section 6.400 Scope: Do not delete first sentence. Section 6.401 Enforcement: Delete first sentence. • Section 6.403 Signs Not Requiring a Permit: Delete #18 regarding scoreboards. Chapter 9 Definitions: Revise the definition of changeable copy sign to read as follows: Sign, changeable copy. An on-premise sign that is characterized by changeable copy, letters, symbols, or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices, such as but not limited to, a bulletin board, electronic message board, or projected image sign. However, an athletic scoreboard or sign located on the athletic field side of a fence shall not be an electronic changeable copy sign. Changeable copy signs may not be used to display commercial messages relating to products or services that are not offered on the premise. • Section 6.411 Electronic Changeable Copy Signs: Revise paragraph "D" and the subsequent paragraph to read as follows: D. On detached signs, electronic changeable copy shall be limited to monument signs, except where pylon and freeway signs are allowed under Section 6.409. The Board of Adjustment shall not grant variances which are less restrictive than the conditions of the special exception. Motion: There being no one present desiring to be heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that the zoning hearing be closed and Zoning Docket No. ZC-09-070 be approved as amended with appreciation and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 16 of 21 (ZC-09-070 Continued) ORDINANCE NO. 18745-08-2009 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, TO AMEND ARTICLE 4 "SIGNS" OF CHAPTER 6, "DEVELOPMENT STANDARDS" AMENDING SECTION 6.401 "DEFINITIONS" TO RENAME THE SECTION "ENFORCEMENT" AND ADD LANGUAGE RELATING TO ENFORCEMENT AND MOVE THE DEFINITIONS CONTAINED THEREIN TO CHAPTER 9, "DEFINITIONS"; TO AMEND SECTION 6.411, "ELECTRONIC CHANGEABLE COPY SIGNS" TO CLARIFY THAT VARIANCES ARE NOT ALLOWED; AND TO REVISE DEFINITIONS OF "SIGNS", "ATTACHED SIGNS" AND "TEMPORARY SIGNS" AND ADD DEFINITIONS FOR "INFLATABLE OR BALLOON SIGNS", AND "PROJECTED IMAGE SIGNS" IN CHAPTER 9; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 5. Zoning Docket No. ZC-09-071 - RM Bass, Westover Properties LP, Jean Searcy and William Brittain, 1829 and 1900 Block of Westover Square Drive, from "D" High Density Multi-Family and "PD-537" Planned Development for "A-5" Uses with 55 Percent Lot Coverage and 10-Foot Yard Setbacks to Amend "PD-537" Planned Development for "A-5" Uses with Maximum Lot Coverage of 65 Percent and a Minimum Front Yard Setback of Five (5) Feet and a Maximum of 10 Feet, Plus Auxiliary Parking for Residents; Site Plan Included (Recommended for Approval with Waivers to Setbacks, Bufferyard and Auxiliary Parking Requirements). Mr. Jonathan Vinson, 901 Main Street, Suite 6000, completed a speaker card in support of Zoning Docket No. ZC-09-071, but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-09-071 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 6. Zoning Docket No. ZC-09-073 - AIL Investments, LP, 10100 Block of Old Denton Road, from "J" Industrial to "C" Medium Density Multi-Family (Recommended for Approval). Mr. Thad Brundrett, Jacobs Engineering, 777 Main Street, completed a speaker card in support of Zoning Docket No. ZC-09-073, but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 17 of 21 (ZC-09-073 Continued) Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-073 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 7. Zoning Docket No. ZC-09-075 - City of Fort Worth Planning and Development Department, East Berry Street Corridor, Generally Bounded by Glen Garden Drive, Sandgate Street, Glen Garden Avenue and the South Freeway (1-35W), from "A-5" One-Family, "C" Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "E/HC" Neighborhood Commercial/Historic and Cultural Overlay, "FR" General Commercial Restricted, "F" General Commercial, "G" Intensive Commercial, "I" Light Industrial, "K" Heavy Industrial, "PD-307" Planned Development for All Uses in AR with a Minimum 4,000 Square Foot Lots to "A-5" One-Family, "Rl" Zero Lot Line/Cluster, "C" Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "ER/HC" Neighborhood Commercial Restricted/Historic and Cultural Overlay, "E" Neighborhood Commercial, "MU-1" Low Intensity Mixed-Use, "FR" General Commercial Restricted, "G" Intensive Commercial, "I" Light Industrial and "PD" Planned Development for All Uses in "E" Neighborhood Commercial and Excluding Certain Uses, Restricting Liquor Sales to Restaurants and Larger Grocery Stores, and Screening of Parking Areas; Site Plan Waiver Recommended (Recommended for Approval as Amended to Include 2942 South Riverside into PD 760). The following individuals appeared before Council in support of Zoning Docket No. ZC-09-075 and regarding much needed redevelopment of the area: Reverend Carl Pointer, 2532 Timberline Mr. Cleveland Harris, 1039 Colvin Street Mr. Andre McEwing, 1150 South Freeway Council Member Hicks stated that there had been no zoning in the past in the area and that these zoning changes allowed the community to have control over what development happened in their neighborhoods. She expressed appreciation to staff for sending a positive message to the community. Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-09-075 be approved with appreciation to staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 18 of 21 8. Zoning Docket No. ZC-09-076 - City of Fort Worth, Arlington Heights Area, 4500 Block of Birchman Avenue, from `B" Two-Family Residential to "A-5" One-Family Residential (Recommended for Approval). Mr. David Marshall, 2221 Ashland, completed a speaker card in support of Zoning Docket No. ZC-09- 076, but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-076 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 9. Zoning Docket No. ZC-09-077 - City of Fort Worth, Arlington Heights Area, 4900 Block of Pershing Avenue; from `B" Two-Family to "A-5" One-Family (Recommended for Approval). Mr. David Marshall, 2221 Ashland, completed a speaker card in support of Zoning Docket No. ZC-09- 077, but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-077 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 10. Zoning Docket No. ZC-09-078 - City of Fort Worth, Text Amendment: Landscape Amendments: An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as Amended, by Amending Section 6.301 "Landscaping" or Article 3 "Landscaping and Buffers" of Chapter 6 "Development Standards" to Allow Landscape Planting with Native Plants to Include Bioretention Areas, Drip and Temporary Irrigation Systems and to Provide a Native Plant List; and Amend Chapter 9 "Definitions" to Add Definitions Related to Grouping, Temporary Irrigation, Native Plants and Bioretention Areas, Dry and Wet Swales (Recommended for Approval). Motion: There being no one present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the zoning hearing be closed and Zoning Docket No. ZC-09-078 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 19 of 21 (ZC-09-078 Continued) ORDINANCE NO. 18746-08-2009 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 (1986), TO AMEND SECTION 6.301 "LANDSCAPING' OF ARTICLE 3 "LANDSCAPING AND BUFFERS" OF CHAPTER 6 "DEVELOPMENT STANDARDS" TO ALLOW LANDSCAPE PLANTING WITH NATIVE PLANTS TO INCLUDE BIORETENTION AREAS, DRIP AND TEMPORARY IRRIGATION SYSTEMS AND PROVIDE A NATIVE PLANT LIST; AMEND CHAPTER 9 "DEFINITIONS" TO ADD DEFINITIONS RELATED TO NATIVE PLANTS, BIORETENTION AREAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 11. Zoning Docket No. ZC-09-079 - City of Fort Worth, 1807 Washington Avenue, from `B/HC" Two-Family/Historic and Cultural Overlay to "A-5/HC" One-Family/Historic and Cultural Overlay (Recommended for Approval). Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-079 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 12. Zoning Docket No. ZC-09-080 - City of Fort Worth, 405 West Bowie Street, from `B" Two- Family to "A-5" One-Family (Recommended for Approval). Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-076 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4, 2009 PAGE 20 of 21 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burns made a motion, seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18747-08-2009 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, with Council Member Espino absent. XV. CITIZEN PRESENTATIONS 1. Joe Don Brandon, PO Box 1155 - Fort Worth Business Center Mr. Brandon was recognized but was not present in the Council Chambers. 2. Mr. Tyler Casey, 6200 Pershing Avenue, No. 199 - Titanmoon as an Ambassador for Fort Worth to Japan Mr. Tyler Casey, 6200 Pershing Avenue, No. 199, representing Fort Worth rock band Titanmoon, appeared before Council regarding the band's upcoming tour in Japan and Pakistan. He stated that his band would like to present themselves as ambassadors of Fort Worth and expressed interest in delivering goodwill gifts to the foreign countries that they will visit while on tour. He also presented the Council with the band's latest CD entitled Film Black Mayor Moncrief referred Mr. Casey to Assistant to the Mayor Ms. Maddie Gibbs for discussion of appropriate ambassador gifts to foreign countries. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 4,2009 PAGE 21 of 21 (XV. CITIZEN PRESENTATIONS Continued) Mr. John Whittington, 5118 Norma Street, appeared before Council regarding the Fort Worth Police Department and stated that Fort Worth Police Department was the best in the nation. He recalled several stories that involved favorable action by the Fort Worth Police and Fire Departments and expressed appreciation to the respective departments. Mr. Larry Johnson, 1304 East Jefferson, appeared before Council relative to Mayor Moncrief's representation of the City as a whole. He stated that he wished for more support by the Mayor in the Hillside Neighborhood. XVII. ADJOURNMENT There being no further business, the meeting was adjourned at 8:19 p.m. in honor and support of former Mayor Pro tern Ralph McCloud's mother Ms. Bessie McCloud, who was a life long resident of District 8. These minutes approved by the Fort Worth City Council on the 11th day of August, 2009. Attest: Approved: ry� Marty endrix Michael J. Mo of City Secretary Mayor