HomeMy WebLinkAbout2009/09/15-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
I.CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 10:22 a.m. on Tuesday, September 15, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m T.J. Patters®n, City Manager's Office
The invocation was provided by T.J. Patterson, Government Affairs Liaison, City Manager's Office.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 8, 2 09
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the
minutes of the regular meeting of September 8, 2009, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 2 of 17
V. SPECIAL PRESENTATIONS, ,
1.Presentation of Proclamation for Wade A
Council Member Moss presented a Proclamation for Wade Adkins Day to Mr. Wade Adkins, former
City Attorney for the City of Fort Worth. He stated Mr. Adkins was celebrating 50 years of service in
the Legal Profession. He further stated that Mr. Adkins earned his Law degree in 1959 from the
University of Texas School of Law and had served as a lawyer representing municipalities as a valued
member of the Fort Worth community ever since. He advised that Mr. Adkins served as the City
Attorney for the City of Fort Worth for 17 years from 1982 until 1999 and since retiring had continued
to serve other communities and municipalities as a well-respected and hard-working member of the
State Bar of Texas and Tarrant County Bar Association.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Utwomin2 and ece t Events
Council Member Burns announced that on the third Thursday of each month he conducted the District
9 Neighborhood Office Hours and for September his goal was to reach out to the Texas Christian
University Community. He added that his neighborhood office hours would be held on September 17,
2009, from 3:00 p.m. to 7:00 p.m. at the Texas Christian University Student Union and encouraged
everyone to come by with their concerns.
Council Member Jordan advised that he and Police Chief Halstead attended a church service in
remembrance of the tragic shooting that occurred at Wedgwood Baptist Church on September 15,
1999. He expressed appreciation to all first responders, including Police and Firefighters and stated
that Dr. Al Meredith and the congregation were dealing with their grief and recovering from the terror
of the shocking tragedy.
Mayor Moncrief stated that Dr. Meredith was the glue that kept the congregation together and added
that the tragic event was an opportunity for everyone to learn what had been missed in terms of Mental
Health in the City of Fort Worth.
Council Member Espino expressed appreciation to United Community Centers and stated that he
attended the 100th Anniversary Celebration of the Wesley House on September 13, 2009. He added
that in 1909, the First United Methodist Women organization opened the Wesley House and that it had
since expanded and become an integral part of the community. He also announced that many of the
Hispanic Heritage Month events that were scheduled last weekend would be rescheduled due to the
rain.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 3 of 17
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mayor Pro tem Scarth announced that he attended, along with Council Member Burns and City
Manager Fisseler, the ribbon cutting ceremony for the new Women's Center building and stated that
the building was a wonderful new additional to the Hemphill Corridor.
Council Member Burdette announced the September 11, 2009, activities at the 7th Annual Jazz By the
Boulevard event were cancelled due to inclement weather but Gallery Night was still a success due to
the citizens who braved the weather. He expressed appreciation to all who attended and stated he
looked forward to the event next year.
Mayor Moncrief advised that there was no loss of life over the weekend due to the heavy rains and
flooding and expressed appreciation to the Police and Fire Departments for their quick response to
service calls. He also announced that he had received more symbolic keys from the Directions Home
program and stated that 104 individuals had been provided housing and that 52% of the goal had been
attained. He added that this was proof that the Directions Home program was working to combat
homelessness.
2.BgL2gnition of Citizens
There were no citizens recognized at this time.
VII.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
There were no items continued or withdrawn by staff.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Ms.
Kelly Owen be appointed to the Historic and Cultural Landmarks Commission effective
September 15, 2009, and with a term expiring October 1, 2011. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 4 of 17
(IX. PRESENTATIONS BY THE CITY COUNCIL Continued)
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Ms. Jane
Summerford be reappointed to the Library Advisory Board effective September 15, 2009,
and with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to
zero (0) nays.
Mayor Moncrief requested Council consideration to appoint Kimberly Britton to the Board of Trustees
of the Employees' Retirement Fund.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Ms.
Kimberly Britton be appointed to the Board of Trustees of the Employees' Retirement Fund
of the City of Fort Worth effective September 15, 2009, and with a term expiring
August 31, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays.
X.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.
XI.BUDGET HEARING
1.Hearing r se Fiscal Year 2009-2010 Appropriation Or i a ce, De t Service
Ordinance and Ad Valorem Tax Levy Ordinance
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
1. e r
Mr. Horatio Porter, Budget Officer, Financial Management Services Department, appeared before
Council and provided a staff report.
2.Citizen Presentations
Mr. Rashad Dancer, 4212 Hampshire, appeared before Council in opposition to the Proposed Fiscal
Year 2009-2010 Budget and relative to revenue received from gas wells, the accounting practices of
the City and closing of the Como Community Center. He requested that the Council continue funding
the Como Community Center.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 5 of 17
(XI. BUDGET HEARING Continued)
City Manager Fisseler stated that the revenue recovered from gas wells on City property was allocated
in specific funds to be used on projects associated with that fund. He further stated that the audit and
accounting issues had been addressed and that no funds were lost.
Ms. Tracie McNeil, 5732 Donnelly Avenue, appeared before Council in opposition to the Proposed
Fiscal Year 2009-2010 Budget and relative to the closing of the Como Community Center and
requested that the Council continue funding the Como Community Center.
Mayor Moncrief advised Ms. McNeil that the Como Community Center would be funded if the
proposed budget was adopted.
City Attorney Yett reviewed the process for adoption of the budget and related ordinances and
resolutions and advised that the resolution suspending the Financial Management Policy Statement
governing Ad Valorem Tax Revenue from mineral values for Fiscal Years 2009 and 2010, would be
considered first, before the ordinances. He further advised that due to a conflict of interest regarding
Council Member Hicks and United Way, there would be two motions when the Council took action on
the Appropriation Ordinance.
Mayor Moncrief moved down to Agenda Item XIII. Resolutions - 1.
1.A Resolution Suspending the Financial Management Policy Statement Governing Ad Valorem
Tax Revenue From Mineral Values for Fiscal Years 2009 and 2010
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that
Resolution No. 3784-09-2009 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
Mayor Moncrief moved back up the agenda to Agenda Item XII. Ordinances - 1.
XIL ORDINANCES
1.An Ordinance Settin2 Forth an to ize Estimate of the Exuense of Conductin2 Each
DeRartment, Division and Office of the Municipal Government of the City of Fort Worth for the
Ensuing Fiscal Year Beginning October 1, 2009, and Ending September 30,_2010, and
A r riati Mone y rte Various s a r ses Such Estimate; Providing r
Public Hearings Ur)on this Ordinance Before the Entire City Council Sittin2 as a Committee of
the Whole, Providing a Sei arability C laliSee and Providing a Savings Clause for the Reveal
of all r i a ces and Atmrouriations in ict with the Provisions of this Ordinanceand
Providing for the Publication and Final PAMM Thereof.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 6 of 17
(XII. ORDINANCES Continued)
Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Espino, Moss, Jordan, and Burns
expressed appreciation to City Manager Fisseler and staff for presenting a balanced, responsible,
creative, and compassionate budget. They added that the budget process was long and tedious and was
the toughest budget they had seen in their years of public service. They stated that the budget was
balanced while trying to maintain the core services and minimizing the impact on the citizens. They
also expressed appreciation to all of the individuals who articulated their support or opposition to the
budget by email, phone calls and attending the budget hearings.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, to approve the
proposed FY 2009-2010 Budget and Appropriation Ordinance No. 18809-09-2009, along
with the schedule of changes, excluding the allocations for United Way. The motion carried
eight(8) ayes to one (1) nay, with Council Member Hicks casting the dissenting vote.
Council Member Hicks advised she had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on the next motion.
(Council Member Hicks left her place at the dais.)
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, to approve the
proposed FY 2009-2010 budget allocation for United Way in the amount of$1,857,566.00.
The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by
Council Member Hicks.
(Council Member Hicks returned to her place at the dais.)
2.An Ordinance Setting Forth an Estimate of the Expense of the General Debt Service Fund of
the Munici a ver e t of the Citj of For t rt rte Ensuing Fiscal Year Beginning
October 1, 2009, and Ending Septeniber 30, 2010, and Appropriating Money for the General
Debt Service Fund and r se f Such sti ate; Appropriating Money to ay Interest and
Princiral Sinking Fund Requirement on All Outstanding General Indebtedness- Providing for
Public HearingLURon this Ordinance Before the Entire Cily Council Sitting as a Committee of
the Whole- and Providing a Severability Clause- and Providing a Savings Clause for the Reveal
of All Ordinances and Appropri a tions in Conflict the Provisions of this Ordinance-an
Providin2 for the Publication and l a assn a Thereof.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Ordinance
No. 18810-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 7 of 17
(XII. ORDINANCES Continued)
3.An Ordinance Providing for the Levy and Collection of an Annual Ad Valorem Tax on All
and Mixed
, Situated within the Territorial Limits of the Citj of ort
Worth, Texas, and All Personal Propert3: Owne in Said Cily of Fort Worth, Texas, on the Fir t
D__ay of Januarv, A.D. 2009, Excer)t Such Pror)ertv as May be ExempL from Taxation by the
Constitution and Laws of the to of Texas; and Providing for a Severabilily Clause; a nd
Providing a Savings C ause for the Repeal of all Ordinances in Conflict with the Provisions of
this Ordinance;_and_Providing_for the Publication and Final Passage Thereof.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Ordinance
No. 18811-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
XIII.RESOLUTIONS
2.A Resolution of the City_L2HRijL2LI e i of Fort Worth, Texas, Ratifying the Propert3: ax
Revenue Increase Reflected in the Fiscal Year 2009-2010 Budget, in Accordance with Section
102.007(c) of the Texas Local Government Code
Motion: Council Member Bums made a motion, seconded by Mayor Pro tem Scarth, that Resolution
No. 3785-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
Council Member Hicks expressed her dissatisfaction with the budget reductions and budgeting process
and stated she felt the budget reductions were based upon ethnicity. She expressed appreciation to City
staff for their hard work and listening to needs of the citizens.
Mayor Moncrief and Council Members Burdette and Zimmerman stated that there was no right or fair
way to lay off employees and stated that the Council looked to staff to evaluate employees and make
management decisions that would be in the best interest of the City. They stated that the budget that
was passed was not one that was loved, but was the best compromise. They further stated that statistics
showed that the budget was not balanced based on ethnicity.
XIV. CONSENT AGENDA
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 8 of 17
(XIV. CONSENT AGENDA Continued)
A.General - Consent Items
1.M&C G-16693 - Adopting Ordinance No. 18812-09-2009 Adjusting the Total Number of
Authorized Civil Service Positions in the Police Department; Adding One (1) School Resource
Officer Position; Providing a Statement of Purpose and Intent for the Adoption and
Implementation of this Ordinance, Effective September 15, 2009.
D.Planning & Zoning - Consent Items
1.M&C PZ-2844 - Authorizing the City Manager to Adopt Ordinance No. 18813-09-2009
Vacating and Extinguishing a Portion of Dashwood Street from Lipscomb Street to Travis
Avenue, Located in the Park Subdivision, an Addition to the City of Fort Worth, Tarrant
County, Texas, and Containing 0.124 Acre of Land, More or Less; Providing for the Reversion
of Fee in Said Land; the Retainment of Existing Utility Easements; and Waiving Any and All
Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624).
E.Award of Contract- Consent Items
1.M&C C-23773 - Authorizing an Amendment to City Secretary Contract No. 38369, a Unified
Sign Agreement with P.V. Partners Ltd., for the Commercial Property Known as "SoHi"
Shopping Center Located at 5300 Bigview Drive.
2.M&C C-23774 - Authorizing the City Manager to Execute Amendment No. 2 to City
Secretary Contract No. 35274 to Change the Engineering Firm TCB, Inc., to AECOM USA, Inc.,
and Increase the Total by $68,263.00, for the Milam-Robinhood Drainage, Far East Fort Worth
Drainage and Wilbarger-Hughes Storm Drain Extension (Project No. 00482), Thereby Revising
the Total Contract Amount to $216,513.00.
3.M&C C-23775 -Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of$40,389.00 to City Secretary Contract No. 37716 for Pavement Reconstruction and Water and
Sanitary Sewer Replacement with Conatser Construction TX, LP, for Pavement Reconstruction
and Water and Sanitary Sewer Replacement on Spindletree Lane (Project No. 00446), Thereby
Revising the Total Contract Amount to $1,644,080.00.
4.M&C C-23776 -Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $36,901.10 to City Secretary Contract 36695, Sidewalk Replacement Contract SP-5, with
Macval Associates LLC, to Cover the Additional Cost of Added Sidewalk Locations Increasing
the Total Cost to $473,146.10.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 9 of 17
(XIV. CONSENT AGENDA Continued)
5.M&C C-23777 - Adopting Supplemental Appropriation Ordinance No. 18814-09-2009
Increasing Estimated Receipts and Appropriations in the Environmental Management
Operating Fund (R103) in the Amount of $76,323.00, and Decreasing the Unaudited,
Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Transferring
Said Funds to the Environmental Management Project Fund (R101); Authorizing the Transfer
of $76,323.00 from the Environmental Management Operating Fund (R103) to the
Environmental Management Project Fund (R101); Adopting Appropriation Ordinance No.
18815-09-2009 Increasing Estimated Receipts and Appropriations in the Environmental
Management Project Fund (R101) from Available Funds, for the Asbestos Removal and
Demolition of the Former Oak Grove Airport Terminal Buildings Located at Spinks Airport;
and Authorizing the City Manager to Execute a Contract with Bradley Garrett d/b/a Garrett
Excavation and Demolition.
XV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
OCS-1740- Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XVL REPORT OF THE CITY MANAGER
B. General
1. - Adopt a Res lution Nominatin Alcon Laboratories, Inc., as a Enterur ise
Project Pursuant to the Texas Enterprise Zone Act, Chanter 2303, of the Texas Government
Code.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16694 be approved and Resolution No. 3786-09-2009
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
2.M&C G-16695 - Adopt a Resolution Nominating Alcon Research, LTD., as an Enterprise
Project Pursuant to the Texas Enterprise Zone Act, Chapter 2303, f the Texas Government
Code.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16695 be approved and Resolution No. 3787-09-2009
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 10 of 17
3.M&C G-16696 - Adopt an Or di ance Amending the Code of the City Fort Wo as
Amended, by the Amendment of C Section 7-304
"Definitions"; Section 7-317 "Basis for Establishing the Areas of Special Flood Hazard; Section
7-331, "Designation of the Local Floodplain Administrator";_Section_7-332 "Duties and
Responsibilities of the Local Floodplain Administrator"; 7-334, "Variance Procedures";
Section 7-348, "Standards for Subdivision Proposals"; and Adopt the Updated Federal
Erner�ency Management Agency Floodnlain Mans.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G-16696 be approved and Ordinance No. 18816-
09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
4.MSC G-16697 - Authorize the Application for Federal Funding Under the Transportation
Investment Generating Economic Rec overy Discreti onary Program o the American very
and Reinvestment Act for Approximately S33 Million in Federal Funds Under the American
_Recovery and Reinvestment Act for Reconstruction of 100 Plus Neighborhood Street Proiects
that are in Poor Condition within Economically Distressed Areas; and Authorize Application for
Federal Funding Under the Transportation Investment Generating Economic Recover
Discretionary Progra of the American Recovery and Rei vestment Act for Approximately S35
Million in Federal Funds Under the American Recovery and Reinvestment Act for
Reconstruction of East Rosedale Street Between US 287 to Just East of Miller Avenue.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. G-16697 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
5.MSC G-16698 - Adopt an Ordinance Amending the Fort Worth Fire Code, City Code
Chapter 13, is Pr vi es for the Inspection of Buildings and the Collection of Fees. This
Includes Section H104 Section 1102, Fees for Fire
Protection Systems and Equipment and Section J401 Fees for Inspections of Manufactured
Home and Recreational Vehicle Parks.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G-16698 be approved and Ordinance No. 18817-
09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
6.MSC G-16699 - Adopt an Ordinance Establishing Maximum Permitted Rates and Charges
that CoSery GasLtd. May Assess Customers in the City of Fort Worth; Adopting Declaratio s
and Findings Related to Rates and Charges Assessed to Customers in the City of Fort Worth
_ _
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 11 of 17
(G-16699 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Mr. Danny Reed, Regulated Utilities Manager, Financial Management Services, appeared before
Council and provided a staff report.
b.Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c.Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the
public hearing be closed and Mayor and Council Communication No. G-16699 be approved
and Ordinance No. 18818-09-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
7.MSC G-16700 - Authorize tl►e City Manager to Nominate Protects for Funding
Consideration er the North Central eras Council of Governments ( ) Sustain a ble
I�eyel®�rrient Pro�raria as St�ecified (PUBLIC HEARING).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
Mr. Phillip Poole, 2918 Kingate, appeared before Council, in support of Mayor and Council
Communication No. G-16700, relative to the projects nominated for funding consideration by the
NCTCOG's Sustainable Development Program.
Mr. Barry Hudson, Senior Planner, Dunaway Associates, representing Legacy Capital, 1501 Merrimac
Circle South, Suite 100, appeared before Council, in support of Mayor and Council Communication
No. G-16700, relative to the projects nominated for funding consideration by the NCTCOG's
Sustainable Development Program and the sponsorship by The T for infrastructure projects.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 12 of 17
(G-16700 Continued)
c.Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the
public hearing be closed and Mayor and Council Communication No. G-16700 be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
8.M&C G-16701 - Adopt an Appropriation Ordinance Amending the Code of the City of Fort
ff orth 1986) as Amended, bv the Amendment of Chapter 12.5, Secti n 12.5-340 "Categories f
Drainage Utility Rates", Subsection (B), to Revise the Mofl±!j I�rainae Utility Fees Assessed
for the MunjLjpA!2LAjga2e Utility System, Effective January 1, 2010 (PUBLIC HE
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Rer)ort of Citv Sta
Mr. Joe Komisarz, Senior Services Manager, Transportation and Public Works Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c.Council Action
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that the
public hearing be closed and Mayor and Council Communication No. G-16701 be approved
and Appropriation Ordinance No. 18819-09-2009 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
E.Planning & Zoning
1.M&C PZ-L845 - Approve the Annexation Timetable in Order to Annex Approximately 61.5
Acres to Become a Part of Council District 1, forFull Purposes_in_Compliance with the
Requirements of Chanter 43 of the Local Government Code of the State of Texas; Direct Staff to
kre are a Service Plan that Provides for the Extensi ici a Services to the
Annexation Area; and Authorize the City Manager to Initiate Certain Zoning Changes for the
Annexation Area in the Far North_Sector,from Unz d to "AG" Agricul ural and "CF"
Community Facilities, in Accordance with the 2009 Comprehensive Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 13 of 17
(PZ-2845 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. PZ-2845 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
2.MSC PZ-2846 - Ap2Lqve the Annexation Timetable in Order to Annex 439.9 Acres to
Become a Part of District 2 for Full Purposes in Compliance with the Regu ire ments of Chapter
43 of the Local Government Code of the State of Texas; Staff to Prepare a Service Plan
that Provides for the Extension of Full Municir)al Services to the Annexation Area-and
Authorize the City Manager to Initiate Certain Zoning Changes for the Annexation Area in the
Far North Sector, fro Unz d to "AG" Ag icultural and "I" Light Industrial, 1 n Accordance
with the 2009 Comprehensive Plan.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. PZ-2846 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
F.Award of Contract
1.M&C C-23778 - Adopt a Supplemental Appropria ion Ordinance Increasing Estim ated
Receipts and Appropriations in the General Fund in the Amount of $1,300,000.00 and
RgiEgalipj the Unreserved, es ate Fu d Balance bj the Same Amount, for the Purp se
of Comt)letin2 the Citv's 2009 Comurehenlive Annual Financial Report; and A h rite the City
Manager to Enter Into a Contract with Crowe Horwath, LLP, for Professional Consulting
Services for the Financial Mana2ement Services Der)art ment; and uthorize the Contract to
Include Two (2) One (1) Year Options for Completion of the 2010 C
�omrchhensive Annual
Financial Retort and the 2011 Comurehensive Annual Financial Reuort.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23778 be approved and Supplemental Appropriation
Ordinance No. 18820-09-2009 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 14 of 17
2.M&C C-23779 - Ratify the Ap fication for Lour 4 Fiscal Year 2010 Grants from the Office
of the Governor, Criminal Justice-Division, Which Would Include Funds in the Amount of
$315,207.00 for Sex Crimes and Registration Monitoring Cold Case Investigation, Homicide
Cold Case Investigation, estic Assault Response Te m and Enhanced Domestic Assault
Response Team Operations; Authorize the City Manager to Accept, Reject, Alter, or Terminate,
if Awarded, the Four (4) Fiscal Year 2010 Grants and Execute Associated Contract(s); Approve_
Matching Funds of $213,311.00 to be Transferred from the Federal Assets Fund to the Grants
Fund, Adopt a Resolution Authorizing the Application for and AccenjggKL_2f_j3 5,2 7. i �,
Grant Funds from the Fiscal Year 2010 Criminal Justice Division Grant Funds and the Ma
of Assurances Required by the Criminal Justice Division of the Governor's Office and
Designating the Assistant City Manager who Oversees the Police Department as the Authorized
Official to Accent, Reiect or Alter the Grants After they are Awarded; and Adopt an
Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund
in the Amount of$528,518.00 Upon Receipt of Grants from the Office of the Governor, Criminal
Justice Division, for the Purpose of Funding Sex Crimes Registration nd Monitori!1go1d Case
Investigation, Homicide Cold Case Investigation, Domestic Assault Response Team and
Enhanced Domestic Assault Response Team Programs.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-23779 be approved and Resolution No. 3788-09-2009 and
Appropriation Ordinance No. 18821-09-2009 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
3.M&C C-23780 - Authorize the City Manager to Execute a Contract in the Amount of
$1,014,900.00 with J.S. are Company for th Construction of the Village Cree Wastewater
Treatment Plant Biosofids Expansion.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor and
Council Communication No. C-23780 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
XVII.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 August 25, 2009. 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
SEPTEMBER 15, 2009
PAGE 15 of 17
1.Zoning Doc et No. SP-09-004 - City of Fort Worth EnvironpjgfljaL.�2 e a ;
Site Plan for Citizen Dr Off Station (Reco mended for
Motion: There being no one else desiring to be heard in conncection with the recommended changes
and amendment to Zoning Ordinance No. 13896, Council Member Jordan made a motion,
seconded by Council Member Espino, that the public meeting be closed and Zoning Docket
No. SP-09-004 be approved and the following ordinance be adopted:
ORDINANCE NO. 18822-09-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, 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 OR OTHER PURPOSES, THE HEIGHT, NUMBER OF
STORIES AND SIZE OF 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 OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE
BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION,
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; PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
2.Zoning Docket No. ZC-09-104 - City of Fort Worth _Planning & Development, Text
Amendment: Industrialized Housing � 1 1 i t e An Ordinance Amending the Zoning
Ordinance of the City of Fort Worth, being Ordinance No. 13896, as Amended,Codified as
Appendix "A" of the Code of the Sects on 6.507
"Sin2le-Family Residential Design Standards" of Char)ter 6 "Develument Standards" and
Article One, Section 5.116.11 "Industrialized Housing" of Chapter 5 "Supplemental se
Standards" to Add Language Requiring a Minimum Horizontal Dimension for Single-family
Homes; Amend Chap ter 9 "Definitions" to Add a Definition of Industrialized 1!2Hsin
I., and
Amend the Definition of Manufactured Home or Manufactured Housin2 to Include
International Standar mmended for
ADDroval .
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 16 of 17
(ZC-09-104 Continued)
Motion: There being no one present desiring to be heard in connection with the Text Amendment,
Council Member Hicks made a motion, seconded by Council Member Burns, that the zoning
hearing be closed and Zoning Docket No. ZC-09-104 be approved as amended with
appreciation and the following ordinance be adopted:
ORDINANCE NO. 18823-09-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF
THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ARTICLE 5, SECTION 6.507
"SINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS" OF CHAPTER 6 "DEVELOPMENT
STANDARDS" AND ARTICLE ONE, SECTION 6.116.13 "INDUSTRIALIZE HOUSING' OF
CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO ADD LANGUAGE REQUIRING A
MINIMUM HORIZONTAL DIMENSION FOR SINGLE-FAMILY HOMES; AMEND CHAPTER 9,
"DEFINITIONS" TO ADD A DEFINITION OF INDUSTRIALIZED HOUSING AND AMEND THE
DEFINITION OF MANUFACTURED HOME OR MANUFACTURED HOUSING TO INCLUDE
INTERNATIONAL STANDARDS ORGANIZATION (ISO) SHIPPING CONTAINERS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to (0) nays.
XVIII.CITIZEN PRESENTATIONS
1.Mr. Joe Don BrandonPO x 1155 - The T Free Ride,,D ay
Mr. Joe Don Brandon, P.O. Box 1155, was recognized by Mayor Moncrief but was not present in the
Council Chambers.
XIX.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
Mayor Moncrief stated that the City Attorney had advised him that an Executive Session did not need
to be conducted.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2009
PAGE 17 of 17
XX.ADJOURNMENT
There being no further business the meeting was adjourned at 11:51 a.m.
These minutes approved by the Fort Worth City Council on the 22nd day of September, 2009.
Attest: Approved:
Marty ffendrix Michael J. Moncrie
City Secretary Mayor