HomeMy WebLinkAbout2009/11/03-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 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
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 7:25 p.m. on Tuesday, November 3, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Burns temporarily absent.
II.INVOCATION- Reverend Ted Pressley, Cowboys for Christ
The invocation was provided by Reverend Ted Pressley, Cowboys for Christ.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
(Council Member Burns assumed his place at the dais.)
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF OCTOBER 27, 2009
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that the minutes of regular meeting of October 27, 2009, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 2 of 27
V. SPECIAL PRESENTATIONS, NTRODUC
1.Presentation of Proclamation for Municiml Court Week
Council Member Burdette presented a Proclamation for Municipal Court Week to Ms. Deidra
Emerson, Municipal Court Director. He stated Municipal Courts played a significant role in preserving
the quality of life in Texas communities through the adjudication of traffic offenses. He added that
Municipal Courts served as the area justice center for the enforcement of local ordinances and fine-
only state offenses that protected the peace and dignity of the community. He acknowledged the
accomplishments of the numerous employees of the 916 Texas Municipal Courts and saluted their
critical role of exemplary dedication to the community by preserving public safety and deterring future
criminal behavior.
Ms. Emerson expressed appreciation to the Council for their support of the Municipal Court and stated
the department would dedicate the Proclamation to Ms. Gail Pelz, Municipal Court Customer Service
Representative, and Ms. Dora Overton, Human Services Specialist, both of whom would be retiring in
December 2009.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming nd Recent Events
Council Member Zimmerman requested that the Council meeting be adjourned in memory of his
friend, Mayor General George Aiken, U.S. Army Retired, who passed away last week.
Council Member Espino announced NASCAR Race Weekend would be held November 6-8, 2009, at
the Texas Motor Speedway and stated the events would include a truck race, the O'Reilly Auto Parts
Race, and the Dickies 500 Sprint Nextel Cup Race. He pointed out that race weekend was considered
to be the equivalent of a Super Bowl and over 200,000 visitors were expected in and around Fort
Worth.
Mayor Pro tem Scarth requested that the Council meeting also be adjourned in memory of his friend,
Mr. Dennis Fleming, a teacher, coach, and administrator at Trinity Valley School for 35 years, who
passed away last weekend.
Council Member Hicks recognized Mr. Marshall Hobbs, Professor of Government, Tarrant County
College (TCC), and welcomed the students from his class who attended the Council meeting. She also
congratulated the students of Polytechnic High School for their achievements and stated the
celebration last weekend was a great success. She announced that the Flying Musicians Association,
Inc., in conjunction with the Alexi Sultanov Foundation would host Flying Music Fest Day on
November 7, 2009, from 8:00 a.m. to 6:00 p.m. She stated the event would include impromptu jam
sessions and other demonstrations and presented a Proclamation for Music Fest Day to Mr. John Zapp
and Ms. Aileen Hummel.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 3 of 27
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mr. Zapp expressed appreciation to the Council for the Proclamation and stated purpose of the event
was pilot musicians sharing their passion while encouraging and educating youth in the science and art
of aeronautics and music. He stated this was the first event in Fort Worth but that the event had been
well received across the country.
Council Member Hicks also announced that Delta Sigma Theta Sorority Fort Worth Alumni Chapter
would sponsor the program "From Jail to Yale" on November 7, 2009, at 7:15 p.m. at the Joe Rushing
Theatre, located at the TCC South Campus. She stated that those interested could contact 817-446-
4933 for more information. She further announced that a District 8 Town Hall meeting would be held
on November 7, 2009, at Polytechnic High School, located at 1300 Conner Avenue and stated
registration would begin at 8:30 a.m. and the meeting would begin at 9:00 a.m. She added those
interested could contact the District 8 Office at 817-392-8808 for more information.
Council Member Burns welcomed Mr. Robert Wade, President of the Fairmount Neighborhood
Association to the meeting and advised that Mr. Wade would make a special presentation to staff.
Mr. Wade introduced two (2) past Presidents of the Fairmount Neighborhood Association and
expressed appreciation to the Code Compliance, Building Services, and Law Departments for their
assistance with the demolition of a building that had been a lengthy project. He presented a plaque that
displayed the former building's address to Mr. Chris Mosley, Assistant City Attorney and stated the
Fairmount Neighborhood Association and all of the surrounding neighbors and businesses appreciated
his hard work on the demolition project.
Council Member Jordan congratulated the Southwest High School Marching Band who competed in
the State Band Competition and wished the band good luck in the competition. He also welcomed all
of the TCC students in the audience and stated they were not only students, but participants in the
community.
Council Member Moss announced the Stop Six Strategic Planning Meeting would be held on
November 5, 2009, at 6:00 p.m. at the TCC Opportunity Center, located at 5901 Fitzhugh Street, and
added the main topic at the meeting was the revised plan for the Neighborhood Empowerment Zone.
2.Recognition 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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 4 of 27
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication No. G-16747 be withdrawn
and replaced with G-16747 (Revised).
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Cha in Me h on Boards and Commissions
Motion: Council Member Bums made a motion, seconded by Council Member Hicks, that Ms.
Marlene Beckman be appointed to Place 9 on the Board of Adjustment - Commercial
effective November 3, 2009, 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 Mr. Mark Presswood to the Housing
Authority of the City of Fort Worth.
Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mr.
Mark Presswood be appointed to the Housing Authority of the City of Fort Worth
effective November 3, 2009, with a term expiring October 1, 2011. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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.RESOLUTIONS
1.A Resolution Establishing a Reg lation Prohibiting the Sae of Alcohol Within 1,0 0 Feet of St.
Rita Catholic School
The following individuals appeared before Council in support of the resolution and relative to
protection of the community and the children that attended the school:
Ms. Peggy Terrell, President of St. Rita Advisory Board, 5025 Marble Falls Road and provided written
remarks to the Council
Mr. Donald R. Boren, 1755 Martel Avenue
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 5 of 27
(XI. RESOLUTIONS Continued)
The following individuals appeared before Council in opposition to the resolution and relative to the
legality of the business, notification of the surrounding business owners and the consequence of the
proposed resolution on other businesses in the area:
Mr. Steven Swander, 1912 Martel Avenue
Ms. Yvette J. Kent, Jewell Management, LLC, Daiquiris to Go, 5520 East Lancaster Avenue
Mr. Quinton D. Webb, 9021 Crosswind Drive
Council Member Hicks asked Ms. Kent to clarify what type of business this was and if the
daiquiri containers were open or closed when sold to the customers.
Ms. Kent clarified that the business was a drive-thru and the containers were sealed and then placed
into a sealed bag and met all open container laws.
Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that the
Resolution be tabled. The motion carried unanimously nine (9) ayes to zero (0) nays.
2.A Resolution Creating and Appointing Mernhers to the Modern Streetcar Task Force Effective
November 3 2009 as Follows•
1. Nina Petty, Task Force Chair— Greater Fort Worth Real Estate Council
2. Bob Parmelee, Board Chair—Fort Worth Transportation Authority
3. Roy Brooks, Commissioner— Tarrant County
4. Joy Webster, XTO —TIF Board
5. Randy Rogers, Tarrant County Hospital District— TIF Board
6. Fran McCarthy, Chair— Central City Redevelopment Committee
7. Phillip Poole, board member—Associated Businesses of the Cultural District
8. Andy Taft, President—Downtown Fort Worth, Inc.
9. Johnny Campbell, President and CEO — Sundance Square
10. Paul Paine, President—Fort Worth South, Inc.
11. Andre McEwing, President— Southeast Fort Worth, Inc.
12. J.D. Granger, Executive Director— Trinity River Vision Authority
13. David DuBois, President and CEO— Convention and Visitors Bureau
14. Artes de la Rosa—Executive Director
15. Janet Saltsgiver—Neighborhood Representative
16. Dr. Rod Erakovich, Assistant Professor— Texas Wesleyan University
17. Pam Minick—Historic Stockyards
18. Jamie Terrell —Local transit user
19. Michael Morris, Director of Transportation—North Central Texas Council of Governments
20. Carlos De La Torre, Area Manager- Oncor
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 6 of 27
(XI. RESOLUTIONS Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Resolution No. 3807-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XII.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.
A.General - Consent Items
1.M&C G-16749 - Approving the Appointments of Don Boren, Jim Weitholter and Jim Tidwell,
of the Fort Worth City Plan Commission, to the Capital Improvements Advisory Committee for
Transportation Impact Fees and Remove Ramon Romero and Derek Brown from Same.
2.M&C G-16750 - Adopting Resolution No. 3808-11-2009 to Increase the Amount to be Paid to
D. Lee Thomas to Represent Former Police Officer C.W. Mills in the Lawsuit Entitled James
Clinton Neal vs. City of Fort Worth and Police Officers W.P. Menzies and C.W. Mills, Civil
Action No. 4:07-CV-497-Y, by $25,000.00 to an Amount Not to Exceed $50,000.00
3.M&C G-16751 - Approving an Extension of Injury Leave-of-Absence Pay Benefits in the
Amount of$13,627.44 for Firefighter William Thompson Beginning November 13, 2009, through
January 31, 2010.
B.Purchase of Equipment, Materials, and Services - Consent Items
L M&C P-11051 - Authorizing a Purchase Agreement with SHI Government Solutions for
Attachmate Software Maintenance for the Information Technology Solutions Department
Utilizing the State of Texas Department of Information Resources Contract No. DIR-SDD-1009
for an Annual Amount Up to $71,400.00.
2.M&C P-11052 - Authorizing the Purchase of Rescue Tools for the Fire Department from
Metro Fire Apparatus Specialists, Inc., through Texas Association of School Boards BuyBoard
Contract No. 284-08 for an Amount Not to Exceed $37,378.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 7 of 27
(XII. CONSENT AGENDA Continued)
C.Land - Consent Items
1.M&C L-14880 - Authorizing the City Manager to Approve the Acquisition of a 0.115 Acre
Reclaimed Water Line and Salt Water Line Easement and a 0.148 Acre Temporary
Construction Easement from Hatton W. Sumners Foundation for the Study and Teaching of the
Science of Self-Government, Inc., to be Used for the Construction of the Village Creek
Reclaimed Water (Eastern) Delivery System Located in North East Fort Worth on State
Highway 157 in a Portion of the James R. Newton Survey, Abstract 1170, Tarrant County,
Texas, and Pay the Estimated Closing Cost of$3,000.00; Finding that the Total Appraised Value
of $95,940.00 is Just Compensation; and Authorizing the Acceptance and Recording of
Appropriate Instruments.
2.M&C L-14881 - Accepting the Dedication of Approximately 15.552 Acres of Parkland and
Facility Improvements from D.R. Horton-Texas, Ltd., Engle Homes/Texas, Inc., TOUSA Homes,
Inc., and Morrison Homes of Texas, Inc., Located in the Walter R. Converse Survey, Abstract
No. 248 and the Eli Shriver Survey, ABstract No. 1455, in Accordance with the Neighborhood
and Community Park Dedication Policy for Ninnie Baird Park.
D.Planning & Zoning - Consent Items
1.M&C PZ-2854 - Authorizing the City Manager to Initiate Certain Zoning Changes at 1401
Altamesa Boulevard and 7000 Camelot Road and in the 6800 Block of Crowley Road from "C"
Medium Density Multi-Family, "CF" Community Facilities and "E" Neighborhood Commercial
to "A-5" One-Family and "CF" Community Facilities, in Accordance with the Comprehensive
Plan.
2.M&C PZ-2855 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
Three (3) of the West Meadowbrook Neighborhood, from Various Districts to "A-21" One-
Family, "A-10" One-Family, "A-7.5" One-Family, "A-5" One-Family, `B" Two-Family, "CF"
Community Facilities, "ER" Neighborhood Commercial Restricted and "E" Neighborhood
Commercial, and Retaining the Existing Historical and Cultural Overlays, in Accordance with
the Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-23882 - Authorizing the City Manager to Authorize the Execution of Contracts for
Printing and Publication of the City News with Fort Worth Star-Telegram-Fort Worth Metro,
Fort Worth Star-Telegram-Northeast Metro, La Vida News — The Black Voice and DFW
Network from October 13, 2009, to October 12, 2010, for a Projected Cost Not to Exceed
$106,375.36; and Authorizing an Optional Renewal of the Aforementioned Contracts for Two (2)
Additional One (1) Year Periods, Subject to Budget Appropriation, in an Amount Not to Exceed
$106,375.36 Annually.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 8 of 27
(XII. CONSENT AGENDA Continued)
2.M&C C-23883 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of$17,820.00 to City Secretary Contract No. 37641 with Wade Trim, Inc., for the Storm Water
Utility Project— Lochwood Court Drainage Improvements Thereby Revising the Total Contract
Cost to $42,770.00.
3.M&C C-23884 - Ratifying the Transportation and Public Works Department's Application
for a $750,000.00 Transportation Energy Efficiency Traffic Signal Synchronization or
Replacement Stimulus Cost Sharing Matching Grant Administered Through the Texas State
Energy Conservation Office; if Awarded the Grant: Authorizing the City Manager to Accept the
Grant; Authorizing the Transfer of$187,500.00 from the 2007 Critical Capital Projects Fund to
the Grant Capital Projects Fund; and Adopting Appropriation Ordinance No. 18890-11-2009
Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the
Amount of $937,500.00, Subject to Receipt of a Matching Grant from the Texas State Energy
Conservation Office for the Purpose of Minor Modifications and Equipment Upgrades at 14
Traffic Signals and Reconstruction of Two (2) Traffic Signals.
4.M&C C-23885 - Authorizing the City Manager to Execute a Consent to Second Deed of Trust
Lien Upon Leasehold by NewOne Hangars, LLC, in Favor of Pinnacle Bank for Lease Site E-20
at Fort Worth Spinks Airport.
5.M&C C-23886 -Authorizing the City Manager to Execute Change Order No. 1 in the Amount
of $62,991.00 to City Secretary Contract No. 38263 with AUI Contractors, Inc., for the
Wholesale Water Metering Station Rehabilitations for Forest Hill, Trophy Club, Hurst No. 1 and
Hurst No. 2, Thereby Revising the Total Contract to $1,235,991.00.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1749 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XIV.REPORT OF THE CITY MANAGER
B. General
1.It was the Consensus of the Council that Mavor and ci Communication G-16747
Adopt the Financial Management Polio Statements for Fiscal Year 2009-2010, be withdrawn.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 9 of 27
2.M&C G-16747 - (Revised) Adopt the Fin s ncial Management Policl St to a is for Fiscal
Year 2009-2010.
City Manager Fisseler advised that Mayor and Council Communication No. G-16747 was revised to
add the following:
The Revenues from Gas Well Development Leases, DFW Airport Car Rental Revenue Sharing, Use of
One-time Revenues and Use of Unpredictable Revenues sections will be evaluated for inclusion within
a Budget Policies Document at a later date.
He stated an asterisk (*) identified those sections in the Financial Management Policy Statements
(FMP S).
Mayor Moncrief and Council Members Espino, Hicks and Burns urged staff to find a
dedicated revenue source for the arts in the next fiscal year's budget and in support of art in the
community.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. G-16747 (Revised) be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
At this time, Council Member Hicks referenced the previous agenda item on the resolution that had
been tabled. She spoke to members of the Meadowbrook area that seemed confused by the action
taken by the Council. She indicated she would meet with them to explain what occurred.
3.MSC G-16752 - Consider a Waiver Request by Quicksilver Resources for a Gas Well Permit
Less than eet from a Protected Use at the Alliance a se Located at 3897 Litsel oad
(F[JBLIC HEARING}.
Mayor Moncrief opened the public hearing and asked if anyone was present desiring to be heard.
a. e r
Mr. Rick Trice, Assistant Director, Planning and Development Department appeared before Council
and provided a staff report.
Ms. Susan Alanis, Director, Planning and Development Department, clarified that the notification
discrepancies were due to a clerical error within the department and added that she had worked closely
with the neighborhood association to resolve the issue.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 10 of 27
(G-16752 Continued)
b.Citizen Presentations
Mr. Steve Lindsey, Quicksilver Resources, appeared before Council and provided an overview of the
request for a waiver.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16752 and relative to safety issues, explosions and noise at the current well
sites, notification to the property owners in Chadwick Farms of the requested waiver and
misrepresentation by Quicksilver Resources in order to secure signatures on the waiver petition:
Ms. Chris Gorton, 15513 Landing Creek Lane, provided handout materials to the Council
Ms. Carol Mulkay, 15452 Adlong Drive, Roanoke, Texas 76262, provided handout materials to the
Council and read an e-mail from Sandy L. Stetz into the record
Mr. Richard M. Gorton, 15513 Landing Creek Lane, provided a petition from Chadwick Farms
Mr. Mike Lenkievicz, 15513 Adlong Drive
Mr. Norman Gustafson, 15500 Adlong Drive, Roanoke, Texas 76262
Ms. Kristi Papa, 15469 Adlong Drive, Roanoke, Texas 76262
Mayor Moncrief asked Ms. Papa if she contacted emergency services after the explosion behind her
property.
Ms. Papa clarified that she did not call 911 but indicated that she contacted the Quicksilver
Resources non-emergency phone number listed for the well site.
Council Member Espino requested that Mr. Lindsay provide a response to the questions raised by the
Chadwick Farms neighbors.
Mr. Lindsey advised that Quicksilver Resources were unaware of the explosion that took place at the
site and stated that they have a roving inspection team and the sites were inspected daily for safety
issues. He further stated that he attempted to discuss the explosion with Ms. Papa but she refused to
speak with him. He also advised that the distance from the well site to the Northwest ISD school was
within the recommended safety parameters. He added that the claims of coercion by the land agents
were unfounded and a letter was sent to the neighbors requesting them to contact him to discuss the
issue.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 11 of 27
(G-16752 Continued)
Council Member Espino advised that he visited the well site to become more familiar with the area
and pointed out he did not take the concerns of the residents lightly. He stated the notification
process was a clerical error and he would continue the public hearing to the November 10, 2009,
Council meeting and then delay final action on the item until the December 8, 2009, Council meeting.
He requested a meeting with a Chadwick Farms neighborhood representative and Mr. Lindsey to
discuss the issues and concerns before making a decision. He also expressed appreciation to the
Chadwick Farms residents and Mr. Lindsey for attending the meeting and providing very informative
presentations.
Mayor Moncrief and Council Members Jordan and Hicks expressed support for the delay in action and
stated they looked forward to working through the issues.
c.Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-16752 be continued until the November 10,
2009, Council meeting and that final action on this item be delayed to the
December 8, 2009, Council meeting. The motion carried unanimously nine (9) ayes to
zero (0) nays.
C.Purchase of Equipment, Materials, and Services
1.MSC P-11053 - Ratify the Payment of Fees to the Texas Commission on Fire Protection for
State Reauired Certifications for te Fire a art e t for an Annual Amount Up to $ , .
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. P-11053 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
D.Land
1. - Authorize t e Direct Sae of a Tax-Foreclosed Pr erty Located at 2123
Bethune Street Described as Block 2, Lot 7, Stallcut�s Third Filing Addition,Fort Worth Texas,
to Juanita Gibson in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of
$5,870.42; and Authorize the City Manager, or His Designee, to Execute and Record the
Autwouriate Instruments veyi t o Property to ete the Sae (Co tinned r
October 27, 2009}.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 12 of 27
(L-14869 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L-14869 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
2.MSC L-14870 - Authorize the Direct Sale of Tax-Foreclosed Pr2pSrty Located at 5300
Humbert Avenue, De cribed as is 39 and 40,Block 103,Chamberlain Arlington Heights N . 2
Addition, to Opening Doors for Women in Need, in Accordance with Section 34.05 of the Texas
Tax Code for a Sales Price of $8,966.03; and Authorize the City Manager, or His Designee, to
Execute and Record the Appropr ate Instruments Conveying the Propert3: to Complete the S le
fLontinued from October 20, 2009).
Ms. Sandra Stanley, 5913 Bunnell Avenue, completed a speaker card in support of Mayor and Council
Communication L-14870 but did not wish to address the Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L-14870 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
3.MSC L-14871 - Authorize the Direct Sale of Tax-Foreclosed Properties Located at 5401
Geddes Avenue Described as is 1-6, Block 38• 5404 eddes Avenue, Describ d as Lot 34
Block 36; 412 Geddes Avenue, D scribed as is 33 and 34,111ock 3 Geddes Ave e,
Described as Lot 15, Block 38• a d 5431 Geddes Avenue, Described as Lot 16,Block 38, all
Properties Within Chamberlain Arlington Heights 2nd Addition, Fort Worth, Texas, to Opening
Doors for Women in Need in Accordance with Section 34.05 of the Texas Tax Code for a to
Sales Price of $6,261.42; and Authorize the City Manager, or His Designee, to Execute and
Record the ADDropriate Instruments Convevin2 the Prouertv to Comulete the Sae_(Continued
from October
The following individuals appeared before Council in support of Mayor and Council Communication
No. L-14871 and relative to beautification of the area and providing a garden with vegetables to the
elderly and those in need:
Mr. Ben Fields, Project 44, 8309 O'Hara Lane
Ms. Sandra Stanley, Opening Doors for Women in Need, 5913 Bunnell Avenue
Ms. Yolanda Johnson, 5504 Diaz Avenue, appeared before Council in opposition to Mayor and
Council Communication No. L-14871 and relative to the notification of the neighbors regarding sale
and use of the property.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 13 of 27
(L-14871 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L-14871 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
F.Award of Contract
1.M&C C-23862 - Authorize Acceptance of unds from Edwards Gere n Limited in the Amount
of $140,286.54 for D ost Share of Change_Order; Adopt an Appropriation,
Ordinance I!jiLgAjjM_Estim ate d RgigjRjL_Aflq_ARR=iations in the State Highway I IT
Southwest Parkway Fund, from Available Funds,for the Purpose of Funding Pavement and
Drainage onstruction on Edwards Ranch Road, Phase 11; and Authorize Chang Order
in the Amount of $229,463.08 to City Secretary Contract No. 38672 with L.H. Lacy CompgpL
LLd. 161232.17 (Co
,Therebl Revising the Total Cost to $4, 2 tinned from October 20
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. C-23862 be adopted and Appropriation
Ordinance No. 18891-11-2009 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
2.MSC C-23863 - Authorize Acceptance of Funds from Edwards Geren Limited in the Amount
of $1,219,950.14 for Additional Pavement and Storm Drainage Capacitj; Adopt an
Autwouriation Ordinance Increasigg_j o Stl ate ecei is and Auprogriations in the SH121T
Southwest Parkway Fund, from Available Funds, for the Purpose of Funding Pavement and
Draina2e Construction on Edwards Ranch Road Phase 1111 and Authorize the Cily Mggager to
Execute a Contract with Jackson Construction, Ltd. $2,57 ,6 963. 5 for
, in the Amount of
Pavement and Drainage Construction on Edwards Ranch Road, Phase III and Clearfork Main
51reetLContinued from October 20
City Manager Fisseler made the following correction to the Discussion section, paragraph 3, line 3 of
Mayor and Council Communication No. C-23863:
"The amount associated with the design and construction of the additional capacity is $1,219,950.14
and EGL will deposit this amount into the escrow account prior to the City executing the construction
contract. and delete "and staff has verified those funds have been deposited into the escrow account
by EGL.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. C-23863 be approved as amended and
Appropriation Ordinance No. 18892-11-2009 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 14 of 27
3.M&C C-23887 - Authorize the Transfer of Funds in an Amount Not to Exceed $500,0 0.00
from HOME Investment art ers i rat Funds to the Fort Worth Housin2 Finance
Corporation to be Used for Targeted Infill Housing in the Terrell Heights Neighborhood;
Authorize the City Manner, or His Designee, to Exec to a Contract with the Fort Worth
Housing Finance Corporation for the -e
of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew
the Contract for Up to One (1) Ye r if the Fort rt si i s ce r rati a est an
Extension and Such Extension is Necessary for Completion of the Project; and Authorize the
City Manager, or His Designee to Amend the Contract if Necessary to Achieve Project Goals
Provided that the Amendment is within the Scone of the Project and in Compliance with All
Applicable Laws and Regulations Governing the Use of Federal Grant Funds.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C-23887 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
4.MSC C-23888 - Authorize the City Manager to Execute an Interlocal Agreement with the
Fort Worth Independ nt School District (FWISD) for the City to P ovi a School Attendance
Court to Adjudicate FWISD Truancy Cases; and Authorize the City Manager to Accept
Reimbursement from the FWISD in the Amount of $683,832.48 for Personnel and Other Costs
Related to the Operati n of the Court in Fiscal Year 2009-2010.
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 the item.
(Council Member Moss left his place at the dais.)
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23888 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member
Moss.
(Council Member Moss returned to his place at the dais.)
5.MSC C-23889 - Authorize the City Manager to Authorize the Transfer of $400,000.00 from
the Environmental Mana2ement Oneratin2 Fund to the Environmental Mana2ement Proiect
Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Annronriations in the Environmental Management Project Fund, from Available Funds for
Environmental and Engineering Consulting Services; a d Authorize the City Manager to
Execute a Contract with Enercon Services, Inc The Contract Services will be Performed on an
as-Needed Basis for a Period of One (1)Year with Two (2) One (1)Year Renewal
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 15 of 27
(C-23889 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23889 be approved and Appropriation
Ordinance No. 18893-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
6.MSC C-23890 - Authorize the City Manner to Execute Change Order No. I in the Amount
of$143,544.46 to Cill Secretary C ntract No. 37286 with Jackson Construction, Ltd., for Hi ks
Industrial Park Water Improvements on Hicks Field Road, to Serve Hicks Industrial Park, Part
I (Project No. 00367) Thereby Increasing the Contract Amount to $1,104,433.46.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23890 be approved with appreciation to
staff. The motion carried unanimously nine (9) ayes to zero (0) nays.
7.MSC C-23891 - Authorize the Transfer of$412,000.00 from the Water and SeM±LO erating
,0 p_
Fund to the Water C 000.00 and Sewer C
Lapital Pro*ects Fund in the Amount of $70, ital
J_
Projects Fund in the Amount of $342,000.00; Adopt an A ropriation Ordinance Increasing
Estimated Receipts and Appropri tions in the Water Ca r 'ecs and in the Sewer
_"a ProLects Fundfrom Available s, r Water and Sanitary Sewer Main Replace ent
on East Rosedale Street, Contract 3, it 11; a d Authorize the Cily Manager to Execute Change
Order No. 2 to City Secretary Contract No. 37269 with Conatser Construction TX, LP Thereby
Increasing the Contract Amount to $4,570,516. 0.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C-23891 be approved and Appropriation Ordinance
No. 18894-11-2009 be adopted. The motion carried unanimously nine (9) ayes to zero
(0) nays.
8.MSC C-23892 - Authorize the Transfer of$538,963.00 from the Water and Sewer Operating
Fund to the Sewer Ca rdinance Increasing t e
Estimated Receiuts and ADDroDriations in the Sewer Car)ital Proiects Fund, from Available
Funds, for_the_Pur ose of Funding Sanitary Sewer Rehabilitation Contract LX (6a}, Part 3 on
Birdell Street, Calumet Street, Rudd Street Willie Street and Dunbar Street; and Authorize the
City Manager to Exe tote Contract with RKM Utility Services, Inc., in t e Amount of
$487,463.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23892 be approved and Appropriation
Ordinance No. 18895-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 16 of 27
9.M&C C-23893 - Authorize the Transfer of$1,838,945. 0 from the Water and Sewer Fund to
the __Water Capital Projects Fund i the Amount of $731,221.00 and the Sewer CARjjALkL2jEcts
Fund in the Amount of $1,107,724.00; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropri tions in the Water Capit r jects and in the Sewer
C
La2ital Projects Fund
from Available Funds,.for Sanitary Sewer Rehabilitation Contract LXX
(70), Part 4, on Monticello Drive, Potomac Avenue,Williamsburg Lane, West Jarvis Street and
Two (2) Alleyways; and Authorize the City Manager to Execute the Contract with Burnsco
Construction the Amount of$1,758,144 40.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. C-23893 be approved and Appropriation
Ordinance No. 18896-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
10.MSC C-23894 - Authorize the Transfer of$723,444.00 from the Water and Sewer Operating
Fund to the Sewer Capital Proiects Fund; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Sewer_Capital kL2jggkfrom Available Funds,
the Purpose of Funding Sanitary Sewer Rehabilitation Contract M-1-1-1, Part 2, from Shamrock
Avenue to Northeast Seventh Street; and Ant orize the Ci a s er to Execute the Contract
with Conatser Construction TX LP in the Amount of$662 444 00
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G-16747 be approved and Appropriation
Ordinance No. 18897-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
11.MSC C-23895 - Authorize the Transfer of$213,283.00 from the Water and Sewer Operating
Fund to the Sewer Capital Proiects Fund; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, from Available
Funds,for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation, on
Cravens Road, John . White Road, Hardeman Street, osedale Street and Tension Drive; a nd
Authorize the City Mana2er to Execute the Contract with Conatser Construction TX, LP, in he
Amount of$928,536.50
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C-23895 be approved and Appropriation Ordinance
No. 18898-11-2009. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 17 of 27
12.M&C C-23896 - Authorize the Transfer of $1,379,087.00 om the Water and Sewer
Operating Fund to the Water Capital Pro*ects Fund in the Amount of $935 2. and Sewer
Capital Proiects Fund in the Amount of $443,445.00; an Appropriation Ordinance
ifliEgaliaLthe Estimated Receipts and A o riations in the Water Capital Projects Fund nd
in the Sewer Capital Projects Fund, from Available Funds, for Water and Sanitary Sewer
Renl ace ment Contract 2002 STM-0 on South Hills Avenue, West Spurgeon Street, Townsend
Drive, Westcrest Drive and West Fuller Street- and Authorize the Ci11_j1gDay
Street; .er to Execute the
Contract in the Amount of$1,280,510.20 with Rodgers Construction C2ffipany.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G-16747 be approved and Appropriation
Ordinance No. 18899-11-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XV.ZONING HEARING
1.It Anneared that the City Council at its Meeting of October 13, 2009 Continued Zoning
Docket No. ZC-09-027 m City of Fort Worth Planning_and Devel2nMenV Text Amendment:
Conservation Overlay Districts; An Ordinance Amending t o i rdinance of_Lhe_City of
Fort Worth, Being Ordinance No. of the Code of
the City of Fort Worth, bv Amending: Section 2.102 "Urban Desi n Commission" of Chanter 2,
"Review Bodies", to A end the Duties of the Urban Design Commission and Revise Subsections
"E" and "F" Related to Conservation Districts; to Change the References to "Design Districts"
and Delete Mixed Use Growth Centers and Urban Villages; Section 4.100 "Districts Established"
to Add Design Overlay Districts to Subsection LA `°Stiecial Purpose Districts"; and Amend in
its rticle 4 "Conservation ("Cl)") Overlay Districts" (Recommended for
LContinued from October 13, 2009).
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department appeared before
Council and provided a staff report.
Council Member Burns expressed appreciation to the Greater Fort Worth Association of Realtors and
the Planning and Development Department staff for their hard work and support of the project. He
stated that the items in the proposed text amendment were options and there were very few
neighborhoods that would actually attempt to qualify as a Conservation District. He further stated the
ordinance included a double 50 percent threshold. He clarified that percent of the individual platted
property owners plus percent of the square footage land owner must be in support of the designation
and a non-response from a property owner counted as negative vote. He added that the neighborhoods
deserved to have this option should they choose to pursue the designation.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 18 of 27
(ZC-09-027 Continued)
Council Members Burdette, Jordan and Scarth advised that they were opposed to the text amendment
and stated the amendment restricting the use of an individual's property was an example of eminent
domain and further restrictions on land use was bad policy. They further stated the City was putting in
anti-monotony rules in place and that this ordinance promoted conformity.
Council Members Espino and Hicks advised they would support the text amendment and stated the
proposed ordinance did not promote taking property rights but promoted the conservation of historical
districts. They further stated that the neighborhoods should have the right to get together and determine
what would benefit the area and how to preserve the historic nature.
Fran McCarthy, 1208 West Magnolia Avenue, completed a speaker card in support of Zoning Docket
No. ZC-09-027 but did not wish to address the Council.
There being no one present desiring to heard in connection with the Text Amendment, Council
Member Burns made a motion, seconded by Council Member Espino, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-09-027 be approved, and the following ordinance be adopted:
ORDINANCE NO. 18900-11-2009
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH, TO AMEND SECTIONS 2.102, "URBAN DESIGN
COMMISSION" OF CHAPTER 2, "REVIEW BODIES", TO AMEND THE DUTIES OF THE
URBAN DESIGN COMMISSION AND REVISE SUBSECTIONS "E" AND "F" RELATED TO
CONSERVATION DISTRICTS TO CHANGE THE REFERENCES TO "DESIGN DISTRICTS"
AND DELETE MIXED-USE GROWTH CENTERS AND URBAN VILLAGES; TO AMEND
SECTION 4.100 "DISTRICTS ESTABLISHED" TO ADD DESIGN OVERLAY DISTRICTS TO
SUBSECTION "A", "SPECIAL PURPOSE DISTRICTS"; AMEND IN ITS ENTIRETY ARTICLE 4,
"CONSERVATION ("CD") OVERLAY DISTRICTS", PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE.
The motion carried six (6) ayes to three (3) nays, with Mayor Pro tem Scarth and Council Members
Jordan and Burdette casting the dissenting votes.
2.It_Appeared that the City Council at its Meeting of October 13, 2009, Continued Zoning
Docket No. ZC-09-087 - Profile Equities LLC, 3031 Honelsuckle Court; from "A-5`° One-Family
to " /S " Planned eve e t for Four O etaC a S1 e a 1 y 1tS a eO
Duulex on One (1) Lot; Site Plan Included. (Recommended for Denial) (Continued from October
13 2009 .
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 19 of 27
(ZC-09-087 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-09-087 be continued until the December 8, 2009, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
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 September 30, 2009. Mayor Moncrief opened the public
hearing and asked if there was anyone present desiring to be heard.
3.Zoning c e - - e Covenant rc , Inc., a arrs ar ay;
from "RI" Zero t Line/Cluster t "PD/E" Planned Develoment for All Uses "E"
Neighbor Neighborh od Commercial it xc si s and eve e t Standards [Are Al; Site P an
Waiver Recommended and "E" Nei2hborhood Commercial for [Are 1 ( ec ommended for
Approval as Amended for Area A).
Mr. Ian Norfolk, representing the applicant, 7021 Strawberry Way, completed a speaker card in
support of Zoning Docket No. ZC-09-089 but did not wish to address the Council.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Zoning Docket No. ZC-09-089 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
4.Zoning Docket No. ZC-09-105 - Walter Welborn, 3213 and 3217 Joke Drive; from `PFR91
General ercia Restricted to "I" Light Industrial ( ecommended for Approval).
Mr. Don Harrelson, representing the applicant, 4550 S.H. 360, Suite 180, completed a speaker card in
support of Zoning Docket No. ZC-09-105 but did not wish to address the Council.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan,
that Zoning Docket No. ZC-09-105 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
5.Zoning Docket No. ZC-09-106 - Raed R. K. Khader, 4635 Mansfield Highway; from PPBPP Two-
a 1 y to PP / " Planned Devel2npLent for All Uses in "E" Neigh r ercia s
Auto Sales and Detailing; Site Plan Included. (Recommended for Denial).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 20 of 27
(ZC-09-106 Continued)
Mr. Christopher R. Bonilla, representing the applicant, 8540 Charleston Avenue, appeared before
Council in support of Zoning Docket No. ZC-09-106 and stated there was opposition to the proposed
site by the City of Forest Hill but no opposition from any Fort Worth property owners and requested
Council approval.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC-09-106 be continued until the December 8, 2009, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
6.Zonin, Docket No. ZC-09-108 - Raincreek Productions, LLC, 5400 Birchman Avenue; from
"B" - m a 1 y to "PD/Su" a e eve e t/S eci iC Use for Offices; Site Ian Included.
(Recommended for Au�roval as Amended).
Mr. John Sheffield, representing the applicant, 6725 Ashbrook Drive, completed a speaker card in
support of Zoning Docket No. ZC-09-0108 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-09-108 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
7.Zoning Docket No. ZC-09-111 - P V Partners LTD, 8333 Sohi Drive, Suite 112; from "E"
Neighbor Neighborh od Commercial to "F" General erCia ( ecommended for Denial).
Mr. Chris Marsh, applicant, 1302 Austin Thomas, Keller, Texas 76248, completed a speaker card in
support of Zoning Docket No. ZC-09-111 but did not wish to address the Council.
Mayor Pro tem Scarth provided comments on his support for this zoning change request and stated that
there was no opposition to it.
Motion: Mayor Pro Scarth made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-111 be approved. The motion carried unanimously nine (9) ayes to
zero (0) nays.
8.Zoning Docket No. ZC-09-112 - Chesapeake Land DevelopMjfl Company, LLC, 1400 and
1500 Rockwood e; from "C " ity Facilitie S and "E" Neighborhoo Commercial Neighbor to
"PD/E" Planned Develoument for All Uses in "E" Nei2hhorhood Commercial Plus Overnight
Parking Facility; Site Plan Included. (Recommended for A��roval}.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 21 of 27
(ZC-09-112 Continued)
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on the item.
(Council Member Jordan left his place at the dais.)
Mr. Tracy E. Strevey, applicant, 6300 Ridglea Place, Suite 700, completed a speaker card in support of
Zoning Docket No. ZC-09-112 but did not wish to address the Council.
Mr. Mehran Aghili, representing the applicant, 1800 S.H. 114, Justin, Texas, completed a speaker card
in support of Zoning Docket No. ZC-09-112 but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-09-112 be approved. The motion carried unanimously eight (8)
ayes to zero (0) nays and one (1) abstention by Council Member Jordan.
(Council Member Jordan returned to his place at the dais.)
9.Zoning Docket No. ZC-09-113 - Northwest ISIS, 16301 Elementary Drive; from `°C`° Medium
esil y Multi-Family to "CF" Communitj Facilities (Reco mended for
Mr. Mickey Thomas, applicant, 3400 Hulen Street, completed a speaker card in support of Zoning
Docket No. ZC-09-113 but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-09-113 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
10.Zoning Docket No. ZC-09-114 - City of Fort Worth Planning & Development, Bluebonnet
Hills,3100 and 3200 Blocks of Wabash Avenue and ers Ave e, r " - a y
"A-5" e- a. l y (Recommended r A r ya. ).
Mr. John Davis, representing the applicant, 3216 Rogers Avenue, completed a speaker card in support
of Zoning Docket No. ZC-09-114 but did not wish to address the Council.
Ms. Nicole Duvall, 3128 Rogers Avenue, completed a speaker card in support of Zoning Docket No.
ZC-09-114 but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 22 of 27
(ZC-09-114 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-09-114 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
11.Zoning Docket No. ZC-09-115 - City of Fort Worth Planning & Development, Wes
Meadowbrook Neighb rhood PhasL I
,_Generally Bounded bv 1-30 (East Freeway), Oakland
Boulevard, Lancaster Avenue, a d Ben Avenue- from "A-5" One-Famill, " -5/HC" One-
a milv[H 1st oric & Cultural Over1g1,_:LB
,�' Two-Familv, "C" Medium Da 9 tv Multi-Familv,
"C/HC" Medium Density Multi-Family/Historic & Cultural Overlay, "ER" Neighborhood
Commercial Restricted, `PE" Neighborhood Commercial,_ "E/HC" Neighborhood
Commercial/Historic & Cultural 0 U-1" Low Intensity Mixed Use, PPFR" General
Commercial Restricted, "F" General Commercial,,"PD-40" Planned Development for E Uses to
"A-10" One-Family, ' A-7.5" One-Family, ' A-7.5[HC" One-Famil Cultural
Overlay, "A-5" One-Family, "A-5/11C" One-Family/Historic & Cultural Overlay, "B" Two-
Family, " F" Community Facilities, "ER" Neighborhood Commercial Restricted, "ER/HC"
Neighborhood Comm ercial[Historic & Cultural Overlay, and "E" Neighborhood Commercial
(Recommended for A��roval}.
Mr. Donald R. Boren, President, West Meadowbrook Neighborhood Association, 1755 Martel
Avenue, appeared before Council in support of Zoning Docket ZC-09-115 and relative to the
wonderful opportunity for rezoning and beautification of the area. He expressed appreciation to
Council Member Hicks, Ms. Beth Knight, Planner, and the Planning and Development staff for support
of the project.
Ms. Khonanchay Hongpathouan, 3339 Mt. Vernon Avenue, completed a speaker card in opposition to
Zoning Docket ZC-09-115 and was recognized by Mayor Moncrief but was not present in the Council
Chambers.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Zoning Docket No. ZC-09-115 be approved with appreciation to staff. The motion
carried unanimously nine (9) ayes to zero (0) nays.
12.Zoning Docket No. ZC-09-117 - City of Fort Worth Planning & Development, 3111 Ross
Avenue; fr m "B" Two-Familv to "A-5" One-Fami1v (Recommended for Approval).
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-09-117 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 23 of 27
13.Zoning Do ket No. ZC-09-118 - _Cjiytof_Fort Worth Planning and Develop ent: Text
Amendment: HCLC Yards and Projected Yards; A n Ordinance Amending the Zonin
Ordinance of the City of Fort Worth, Being Ordinance No. 13896,as Amended Codified as
Appendix "A" of the Code of the City of Fort Worth by Amendi�n . Section 6.101 "Yards" to
Add Subsection J, "H storic Overlay istricts Setback" to Allow Structures Located within a
Historic District to be Constructed Consistent with the Setback of the Historic District; to Revise
the Title of Subsection F; to Provide that Side Yards May Project; and to Revise the Definition of
"Front Yard" (Recommended for Ap2roval).
There being no one present desiring to heard in connection with the Text Amendment, Council
Member Burns made a motion, seconded by Council Member Espino, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-09-118 be approved, and the following ordinance be adopted:
ORDINANCE NO. 18902-11-2009
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH, BY AMENDING SECTION 6.101 "YARDS" TO ADD
SUBSECTION J, "HISTORIC OVERLAY DISTRICT SETBACKS" TO ALLOW STRUCTURES
LOCATED WITHIN A HISTORIC DISTRICT TO BE CONSTRUCTED CONSISTENT WITH THE
SETBACK OF THE HISTORIC DISTRICT; TO REVISE THE TITLE OF SUBSECTION F; TO
PROVIDE THAT SIDE YARDS MAY PROJECT AND TO REVISED THE DEFINITION OF
"FRONT YARD"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
14.Zoning Docket No. ZC-09-119 - City of Fort Worth Planning & Development: Text
Amendment: HCLC Bo rdinance AMggding_the Zoning Ordinance of the City of ort
Worth Being Ordinance No. 13896,as Amended, Codified as Appendix "A" of the Code of the
City of Fort Worth, bj Amending: Section .103F "Powers and Duties", an to Delete the
Designation of Two (2) Members of the Historic and Cultural Landmarks Commission to Serve
on the Scenic Preservation Commission (Recommended for Approval).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 24 of 27
(ZC-09-119 Continued)
There being no one present desiring to heard in connection with the Text Amendment, Council
Member Burns made a motion, seconded by Council Member Espino, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-09-119 be approved, and the following ordinance be adopted:
ORDINANCE NO. 18903-11-2009
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.103F "POWERS AND DUTIES",
TO DELETE THE DESIGNATION OF TWO MEMBERS OF THE HISTORIC AND CULTURAL
LANDMARKS COMMISSION TO SERVE ON THE SCENIC PRESERVATION COMMISSION;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
15.Zoning oc
Dket No. ZC-09-121A-E - City of Fort Worth Planning & Development, 921 8th
Ave _e, 29 804,810,900 e s9 y AvenueCertain Properties Generally era. e W.
Tucker Street, St. Louis Avenue, W. Terrell Avenue, and ra er Street, from ' NS-T4" Near
Southside-General Urban, " PP Near i s e- a era Urban Neighborhood, a P'NS-
T51" e r Southside-Urban Center to Add a " "PP Demolition e ay Overlay (Recomme ded
for ADDroval as Amended}.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that the item
was recommended to deny the "DD" Demolition Delay Overlay Historic designation from any
property owner that voiced opposition.
Mr. Dwight Mitchell, 2120 Mistletoe Boulevard, completed a speaker card in opposition to Zoning
Docket No. ZC-09-121 A-E and stated he did not want his property located at 900 Pennsylvania
Avenue to receive the "DD" Demolition Delay Overlay.
Ms. Elda M. Kelly, 810 Pennsylvania Avenue, Apartment No. 4, completed a speaker card in
opposition to Zoning Docket No. ZC-09-121 A-E and stated she owned two (2) properties on
Pennsylvania Avenue and did not want them to receive the "DD" Demolition Delay Overlay
designation. She added that she was attempting to sell the properties and the signs on the property
providing information about demolition were causing confusion to potential buyers and her insurance
company.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 25 of 27
(ZC-09-121 A-E Continued)
Council Member Hicks indicated that she needed to be brought up-to-date on this zoning case by City
staff before she could take action on it.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Zoning Docket No. ZC-09-121 A-E be continued until the November 10, 2009, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
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 Espino, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18901-11-2009
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 nine (9) ayes to zero (0) nays.
16.Zoning Docket No. ZC-09-122 - City of Fort Worth Planning �onrrient: Text
Amendment: ercia xterl r Cladding; An Ordin a ce Amending the Zoning Ordinan Ce of
Lhe City of Fort Worth, Being Ordinance No. 13896, as Amended, Codified as Annendix "A" of
the Code of the City o Fort Worth, to Amen All Sections in Article 9 " ercia Districts"
to Add Language Regulating the Tyne of Exterior Cladding on Metal Buildings and to Require
that All Metal i t s ave a i i (2) Arc hitectural Elements for Each Buil i
(Recornrnended for Annroval).
There being no one present desiring to heard in connection with the Text Amendment, Council
Member Espino made a motion, seconded by Council Member Moss, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-09-122 be approved with appreciation to staff and the following
ordinance be adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2009
PAGE 26 of 27
(ZC-09-122 Continued)
ORDINANCE NO. 18904-11-2009
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH, TO AMEND ALL SECTIONS IN ARTICLE 9 "COMMERCIAL
DISTRICTS" OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD LANGUAGE
REGULATING THE TYPE OF EXTERIOR METAL CLADDING ON METAL BUILDINGS AND
TO REQUIRE THAT ALL METAL BUILDINGS HAVE A MINIMUM OF TWO
ARCHITECTURAL STANDARDS FOR EACH BUILDING; 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 zero (0) nays.
17.Zoning Docket No. ZC-09-123 - City of Fort Worth Planning and Develop irient: Text
Amendment: ra n Desi2n Standards a Guidelines: An rdinance Amendigg to
Zoning r i a ce of the City of Fort Worth, Being Ordina ce No. 13896, as Amended, 1 ie
as Armendix "A" the Code of the Citv of Fort Worth,by Amending Section 2 , ° r
Design District-Downtown", to Revise in its Entirety the Design Standards for the Downtown
Urban Design District, and to Delete References to Various Sections of the Downtown Urban
Design Standards and Guidelines (Recommended for Approval).
There being no one present desiring to heard in connection with the Text Amendment, Council
Member Burns made a motion, seconded by Council Member Espino, that the Zoning Hearing be
closed, and Zoning Docket No. ZC-09-123 be approved, and the following ordinance be adopted:
ORDINANCE NO. 18905-11-2009
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH, TO AMEND SECTION 4.1200, "URBAN DESIGN DISTRICT-
DOWNTOWN" TO REVISE IN ITS ENTIRETY THE DESIGN STANDARDS FOR THE
DOWNTOWN URBAN DESIGN DISTRICT; AND TO DELETE REFERENCES TO VARIOUS
SECTIONS OF THE DOWNTOWN URBAN DESIGN STANDARDS AND REPLACE WITH
REFERENCES TO THE DOWNTOWN URBAN DESIGN STANDARDS AND GUIDELINES;
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 IN THE OFFICIAL NEWSPAPER AND
PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3,2009
PAGE 27 of 27
XVI.CITIZEN PRESENTATIONS
1.Mr. Joe Don Brandon, P. O. Box 1155, "Jaywalking Citations"
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to jaywalking citations being
unfairly issued to homeless persons in the City and area churches not following proper protocol for
blocking off streets for traffic control on Sunday mornings.
Mr. Rueben Mendoza, 1404 Weiler Boulevard, Apartment No. 59, completed a citizen presentation
card and was recognized by Mayor Moncrief but was not present in the Council Chambers.
XVIII.ADJOURNMENT
There being no further business, the meeting adjourned at 10:16 p.m. in memory of Major General
George Aiken, U.S. Army Retired and Mr. Dennis Fleming, long term teacher, coach and
administrator of Trinity Valley School.
These minutes approved by the Fort Worth City Council on the 10th day of November, 2009.
Attest: Approved:
Marty Hendrix Michael J. oncrief
City Secretary Mayor