HomeMy WebLinkAbout2007/01/09-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
Council Member Chuck Silcox, District 3
Council Member Daniel Scarth, District 4
Council Member Donavan Wheatfall, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Wendy Davis, District 9
City Staff
Charles Boswell, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
With a quorum of the City Council Members present, Mayor Moncrief called the regular
session of the Fort Worth City Council to order at 7:01 p.m. on Tuesday, January 9, 2007, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
Agenda Item H The invocation was given by Dr. Sherman C. T. Allen, Shiloh Institutional
Invocation Church of God in Christ.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member
Approval of Jordan, the minutes of the regular meeting of December 19, 2006, were
Minutes approved unanimously nine (9) ayes to zero (0) nays.
Agenda Item V There were no Special Presentations.
Special
Presentations
Agenda Item VI Council Member Silcox extended Happy Birthday wishes to his mother-in-law
Announcements Billie Hurst. The Council and audience sang Happy Birthday in honor of Ms.
Hurst's birthday.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 2 of 39
Council Member Burdette reminded residents of District 7 that a second Town
Hall meeting would take place on January 16, 2007, at 6:30 p.m. at the new 9th
Grade School on Silver Creek and Loop 820 on the south side of the City. He
added that the Mayor and City staff members would be present and invited
everyone interested to attend.
Mayor Pro tem Hicks announced that there would be several events over the
next week to celebrate the life of Dr. Martin Luther King, Jr. including the
raising of the Dr. Martin Luther King freeway signs on US Highway 287 on
January 15, 2007, at 1:00 p.m. at the Masonic Home Chapel on Wichita and US
Highway 287 Martin Luther King Freeway. She encouraged everyone to attend
this event to commemorate an American that did so much for the country.
Council Member Scarth announced that he would host meetings on January 17,
2007, at Joe's Coffee Shop on Highway 377 and on January 24, 2007, at the
American Legion Hall on IH820 at Randol Mill for residents of District 4. He
stated that the meetings would be from 8:30 a.m. to 9:30 a.m. and would
provide an opportunity for District 4 residents to have a casual conversation and
express any concerns they may have with their Council representative.
Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos.
Withdrawn from G-15551, G-15554 and P-10512 be withdrawn from the consent agenda.
Consent Agenda
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos.
Continued/ G-15554 be continued until January 18, 2007, G-15536 be continued until
Withdrawn By January 30, 2007, and that P-10512 be withdrawn from consideration.
Staff
Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council
Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and
adopt all remaining items on the Consent Agenda as recommended and as
follows:
OCS-1590 M&C OCS-1590 - from the Office of the City Secretary recommending that the
Claims City Council refer notices of claims regarding alleged damages and/or injuries
to the Finance/Risk Management Department.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 3 of 39
G-15552 M&C G-15552 - Adopting Ordinance No. 17340-01-2007 amending Chapter
Ord. No. 17340- 25, "Planning" of the Code of the City of Fort Worth (1986), as amended, to
01-2007 add previously adopted fees related to applications for a specialized Certificate
Amend Chapter of Occupancy for Sexually Oriented Businesses as Subsection 13 and to
25, Subsection 13 renumber Subsections 13 and 14 in Section 25.1 "Application Fees Charged by
and Renumber Zoning Board of Adjustment, Plan Commission and Zoning Commission",
Subsection 13 and related to appeals from the Historic and Cultural Landmarks Commission and
14, Section 25.1 of Downtown Design Review Board to Subsections 14 and 15.
City Code
G-15553 M&C G-15553 - Approving the 2006 Ad Valorem Tax Roll.
Approve 2006 Ad
Valorem Tax Roll
G-15555 M&C G-15555 - Adopting Resolution No. 3445-01-2007 accepting
Res. No. 3445-01- responsibility for the jurisdiction, operation and maintenance of Spur 347
2007 between SH 199 and Grove Street.
Accept
Responsibility for
Jurisdiction,
Operation and
Maintenance of
Spur 347 Between
SH 199 and Grove
Street
G-15556 M&C G-15556 - Authorizing the temporary closure of Lamar Street between
Temporary 3rd Street and 4th Street from January 9, 2007, through August 31, 2008.
Closure of Portion
of Lamar Street
Between 3rd and
4th Street
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 4 of 39
G-15557 M&C G-15557 - Adopting Appropriation Ordinance No. 17341-01-2007
Ord. No. 17341- increasing estimated receipts and appropriations in the Capital Projects Reserve
01-2007 Fund in the amount of $170,000.00 from available funds for the purpose of
Ord. No. 17342- transferring said funds to the General Fund for water heater replacements, water
01-2007 line replacements, overhead doors replacements, lamp ballasts and ceiling
Transfer Funds replacements, emergency generator replacements and air handler replacements
for Water Heater, at various City facilities; authorizing the transfer of $170,000.00 from the
Water Line, Capital Projects Reserve Fund to the General Fund; adopting Supplemental
Overhead Door, Appropriation Ordinance No. 17342-01-2007 increasing estimated receipts and
Lighting, Ceiling, appropriations in the General Fund in the amount of $170,000.00 from
Emergency available funds for the purpose of funding water heater replacements, water line
Generator and Air replacements, overhead doors replacements, lamp ballasts and ceiling
Handler replacements, emergency generator replacements and air handler replacements
Replacements at at various City facilities; and approving the use of up to $170,000.00 for water
Various City heater replacements, water line replacements, overhead doors replacements,
Facilities lamp ballasts and ceiling replacements, emergency generator replacements and
air handler replacements at various City facilities.
G-15558 M&C G-15558 - Authorizing the temporary closure of a portion of Farnsworth
Temporary Avenue between Prevost Street and Neville Street, from January 9, 2007, until
Closure of Portion the vacation of right-of-way request goes to City Council before the end of
of Farnsworth 2007.
Avenue between
Prevost Street and
Neville Street
G-15559 M&C G-15559 - Approving the request of the Southwestern Exposition and
Temporary Livestock Show to temporarily close the following streets Monday, January 12,
Closure of Portion through Monday, February 4, 2007:
of W.R. Watt
Drive, Burnett- • W.R. Watt Drive from Harley to Burnett-Tandy Drive
Tandy Drive, • Burnett-Tandy Drive west to Gendy Street
Gendy Street and • Gendy Street from Burnett-Tandy Drive north to Lancaster Avenue
Trinity Park Drive • Trinity Park Drive from University Drive to Crestline Road (January 18,
22, 24, and 30, 2007).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 5 of 39
G-15560 M&C G-15560 - Authorizing the temporary closure of Throckmorton Street
Temporary from West 2nd Street to Weatherford Street from January 14, 2007, until March
Closure of 4, 2007.
Throckmorton
Street from West
2"d Street to
Weatherford
Street
G-15561 M&C G-15561 - Authorizing the City Manager to transfer $13,305,564.00 from
Ord. No. 17343- the General Fund to the Contract Street Maintenance Fund; and adopting
01-2007 Appropriation Ordinance No. 17343-01-2007 increasing estimated receipts and
Transfer Funds appropriations in the Contract Street Maintenance Fund in the amount of
for FY 2006-2007 $13,305,564.00 from a General Fund transfer, for the purpose of funding a
Street portion of the Fiscal Year 2006-2007 Street Maintenance Program.
Maintenance
Program
G-15562 M&C G-15562 - Adopting Appropriation Ordinance No. 17344-01-2007
Ord. No. 17344- increasing estimated receipts and appropriations in the Special Trust Fund in
01-2007 the amount of $2,400.00 from available funds for the purpose of funding the
Purchase of purchase of landmark plaques.
Landmark
Plaques
G-15563 M&C G-15563 - Authorizing the City Manager to apply for and acquire a
Obtain Pipeline Pipeline Crossing Permit from the Trinity River Authority of Texas for a 42-
Crossing Permit inch Water Line within a Trinity River Authority Easement located in north
for Water Line in Fort Worth(DOE 5269-0812) at a cost of$10.00.
North Fort Worth
G-15564 M&C G-15564 - Approving the correction of M&C G-15199 to change the
Correct M&C G- grant matching fund source from Federal Awarded Assets to State Awarded
15199 to Change Assets. These grants include Computer Crime Fraud Expansion, Cold Case
Grant Matching Investigation, Domestic Assault Response Team, and Enhanced Domestic
Fund Source Assault Response Team.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 6 of 39
G-15565 M&C G-15565 - Authorizing the City Manager to apply for and accept, if
Ord. No. 17345- awarded, the Six City Gang Initiative Grant from the North Texas Crime
01-2007 Commission for the reduction of violent gang crime in the amount of
Accept Six City $173,645.02; and adopting Appropriation Ordinance No. 13745-01-2007
Gang Initiative increasing estimated receipts and appropriations in the Grants Fund in the
Grant for amount of$173,645.02, subject to receipt of the Six City Gang Initiative Grant
Reduction of from the North Texas Crime Commission, for the purpose of funding the Police
Violent Gang Department's Northside Initiative.
Crime
G-15566 M&C G-15566 - Considering and adopting the findings and opinions of the
Ord. No. 17346- City staff as presented herein; finding that the public necessity and convenience
01-2007 require the operation of five limousines upon the city streets, alleys and
Grant Use of thoroughfares; and adopting Ordinance No. 17346-01-2007 granting to Legacy
Streets, Alleys and Transportation, Inc., the privilege to use the streets, alleys and public
Thoroughfares to thoroughfares of the City in the conduct of its limousine business which shall
Legacy consist of the operation of five (5) limousines for a three (3) year period
Transportation, beginning on the effective date, which shall be upon acceptance by the grantee
Inc. and completion of the publication requirement as determined by Article XXV,
Section 2 of the Charter of the City of Fort Worth; specifying the terms and
conditions of the grant; providing a severability clause; making this ordinance
cumulative of all ordinances; providing for a penalty; providing for written
acceptance by Legacy Transportation, Inc., complying with all requirements of
Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as
amended.
G-15567 M&C G-15567 - Authorizing the Water Department to provide water service at
Provide Water 1.25 times the retail rate to serve Dido United Methodist Church located at
Service to Dido 5570 Dido Hicks Road, located in Tarrant County, outside of the Fort Worth
United Methodist City limits pursuant to City Code Section 35-60B "Uses Outside City"; and
Church authorizing the City Manager to execute an agreement for such services.
G-15568 M&C G-15568 - Adopting Ordinance No. 17347-01-2007 amending Chapter
Ord. No. 17347- 25, "Planning" of the Code of the City of Fort Worth (1986), as amended, by
01-2007 amending Section 25.1 "Application Fees Charged by Zoning Board of
Amend Chapter Adjustment, Plan Commission and Zoning Commission" to add provisions for
25, Section 25.1 of the waiver or refund of fees per adopted City policies.
City Code
P-10511 M&C P-10511 - Authorizing a purchase agreement for brass and ductile iron
Brass and Ductile fittings with Municipal Water Works Supply and Eagle Underground Utility
Iron Fittings Supply for the Water Department based on best value. Freight is included and
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 7 of 39
payment is due 30 days after receipt of invoice; authorizing this agreement to
begin January 9, 2007, and expire January 8, 2008, with options to renew for
two additional one-year periods; and authorizing the City Manager to execute
Interlocal Agreements allowing other government entities to participate in this
bid award in accordance with the Local Government Code 271.102,
"Cooperative Purchasing Program".
P-10513 M&C P-10513 - Authorizing a purchase agreement for bottled drinking water
Bottled Drinking with Ozarka-Nestle Water for the City of Fort Worth based on best value with
Water payment due 30 days from the date of the invoice; and authorizing this
agreement to begin January 18, 2007, and expire on January 17, 2008, with
options to renew for two additional one-year periods.
P-10514 M&C P-10514 - Authorizing a purchase agreement with Vulcan, Inc., for
Aluminum Sign aluminum sign blanks for the Transportation/Public Works Department based
Blanks on best value with freight included in unit prices and payment due 30 days after
receipt of invoice; and authorizing this agreement to begin January 18, 2007,
and expire January 17, 2008, with options to renew for two additional one-year
periods.
P-10515 M&C P-10515 - Authorizing a purchase agreement with Hach Company to
Hach Lab provide Hach lab supplies and replacement parts for Hach equipment for the
Supplies and Water Department based on the sole source bid of manufacturer's list prices.
Replacement Parts The shipping cost will be prepaid and added to the invoice, with payment due
30 days from the date of invoice; and authorizing this agreement to begin
January 9, 2007, and expire January 8, 2008, with options to renew for two
additional one-year periods.
P-10516 M&C P-10516 - Authorizing a purchase agreement with Accurate Forms &
Return Envelopes Supplies for return envelopes for the Water Department based on best value
with freight included in the unit price and payment due 30 days after receipt of
invoice; and authorizing this agreement to begin January 18, 2007, and expire
January 17, 2008, with options to renew for two additional one-year periods.
P-10517 M&C P-10517 - Authorizing a purchase agreement to provide grounds
Grounds maintenance with Goodwill Industries through the Texas Industries for the
Maintenance Blind and Handicapped for the Parks and Community Services Department
with payments due 30 days from the date of the invoice; and authorizing this
agreement to begin January 18, 2007, and expire January 17, 2008, with options
to renew for three additional one-year periods.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 8 of 39
P-10518 M&C P-10518 - Adopting Appropriation Ordinance No. 17348-01-2007
Ord. No. 17348- increasing estimated receipts and appropriations in the Special Trust Fund in
01-2007 the amount of $129,640.00 from fees collected, for the purpose of funding
Individual Class personal service agreements with various class instructors for the Parks and
Instructors Community Services Department; authorizing personal service agreements with
various individual class instructors for the Parks and Community Services
Department; authorizing these agreements to begin December 19, 2006, and
expire December 18, 2007; and authorizing the Parks and Community Services
Department to add additional instructors as needed.
P-10519 M&C P-10519 - Authorizing a purchase agreement for sewer root control
Sewer Root through the Texas Association of School Boards' BuyBoard Contract No. 251-
Control 06 with Duke's Root Control, Inc., for the Water Department based on unit
prices with freight included and payments due 30 days after receipt of invoices;
and
Pipe Size Unit Price Per Linear Foot
6 and 8 Inch Pipe $1.59
10 Inch Pipe $1.76
12 Inch Pipe $1.92
15 Inch Pipe $2.73
Authorizing this agreement to begin January 9, 2007, and expire September 30,
2007, with options to renew for two additional one-year periods.
L-14272 M&C L-14272 - Approving the acquisition of one right-of-way easement
Acquire Right-of- described as a portion of the John C. McComas Survey, Abstract No. 1047,
Way Easement for Tract 1137C1, Tarrant County, Texas, from Jerry Bowles, Shawn W. Bowles
Construction of and Barbara Bowles, located in east Fort Worth for the construction of
Mesquite Road Mesquite Road street improvements (DOE 4572); finding that the price offered
Street in the amount of$40,000.00, plus an estimated closing cost of$2,000.00, is just
Improvements compensation; and authorizing the acceptance and recording of appropriate
instruments.
L-14273 M&C L-14273 - Authorizing the City Manager to execute the General
Convey Property Warranty Deed conveying the property described as a 1.8740-acre tract of land
and Accept in the James J. Goodman Survey, A-583, City of Fort Worth, Tarrant County,
Permanent Texas, located in the CentrePort area, to CentrePort Venture, Inc.; and
Avigation authorizing the acceptance, filing and recording by the City of one permanent
Easement and avigation easement and release from CentrePort Venture, Inc., covering the
Release same property in favor of the cities of Dallas and Fort Worth and the
Dallas/Fort Worth Airport Board.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 9 of 39
L-14274 M&C L-14274 - Declaring the necessity of taking an interest in a portion of
Condemn Parcels three parcels of land known as Lots 3 and 4, Block E, Lots 3 and 4, Block D,
of Land for Right- and Lot 1, Block E, Westland Acres Addition, Tarrant County, Texas, owned
of-Way to by Shannon B. Tanner for right-of-way required for the construction of Chapel
Construct Chapel Creek Boulevard (DOE 4794); and authorizing the City Attorney to institute
Creek Boulevard condemnation proceedings to acquire the interest in the land.
L-14275 M&C L-14275 - Approving the sale of surplus tax foreclosure properties as
Sale of Surplus described below, in accordance with Section 272.001 of the Texas Local
Tax Foreclosure Government Code for a total of$108,712.00; and
Properties
Bidder Property Description Zoning
Steven D. Harrison Lots 9 through 11,Block 44,Belmont Park Addition A-5
(2421 NW 20th St.)
Steven D. Harrison Lots 10 and 11 and part of closed alley,Block 109, A-5
Anthony Polonio Rose Heights Second Filing Addition(2719 NW 33rd
St.)
Steven D. Harrison Lot 19,Block 1,Western Hills Sec II Addition(0 A-5
Bangor Dr.)
Tuan Tran Lot 4,Block C,North Riverside Apartments,Inc., A-5
Addition(2208 Barbell Ln.)
Steven D. Harrison Lot 20,Block 41,Oak Grove Addition A
(3008 Chestnut Ave.)
Steven D. Harrison .670 Acres,more or less, Abstract No. 101,Tract 1G, A-5
William J.Baker Survey(1461 Cienegas Cir.)
Steven D. Harrison Lot 19,Block 40,Oak Grove Addition A-5
(3010 Columbus Ave.)
Daniel Craveo Lot 24,Block 24,Weisenberger Sunny Hill Garden A
Steven D. Harrison (1201 Elva Warren St.)
Steven D. Harrison 1.529 Acre tract of land,more or less, Abstract No. E
Martha Miranda 781,Tract IA,J.W.Haynes Survey
(000 McCart Ave.)
Steven D. Harrison Lot 14AB,Block 7, Avalon Heights Addition A-5
(2324 Mitchell Blvd.)
Cathy Trnana Lot 14, Scott Addition(5919 Norma Dr.) A-5
Steven D. Harrison Lot 24,Block 2, Gaines B. Turner's Sub of the A-5
Beacon Hill Addition(404 S. Perkins St.)
Anthony Polonio Lot 15,Block 35,M.G.Ellis Addition A
Steven D. Harrison (2618 Prospect Ave.)
Cathy Triana Lot 12,Block 7,H.M. Johnson Addition A-5
(2966 Rosen Ave.)
Authorizing the City Manager to execute the appropriate deeds conveying the
properties to the highest bidder complying with bid specifications.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 10 of 39
PZ-2714 M&C PZ-2714 - Adopting Ordinance No. 17349-01-2007 vacating and
Ord. No. 17349- extinguishing a 200 foot portion of a 12 foot wide alley situated in the W.J.
01-2007 Boaz's Subdivision, of Block 3, Evan's South Addition, an addition to the City
Alley Vacation of Fort Worth, Tarrant County, Texas; and waiving any and all fee value of the
(VA-05-043) vacated area in accordance with City Ordinance No. 13767 (M&C G-12532,
April 6, 1999).
PZ-2715 M&C PZ-2715 - Adopting Ordinance No. 17350-01-2007 vacating and
Ord. No. 17350- extinguishing a portion of East Tucker Street between Blocks 32 and 33,
01-2007 Glenwood Addition, an addition to the City of Fort Worth, Tarrant County,
Street Vacation Texas.
(VA-85-072)
C-21915 M&C C-21915 - Authorizing the City Manager to enter into an Encroachment
True North Tesoro Agreement with True North Tesoro Property Partners, LP, acting by and
Property Partners, through its duly authorized agent, Mark Mutkoski, authorizing use of the right-
LP of-way for installation of two fences and a golf cart path at 15750 and 15751
Double Eagle Boulevard.
C-21916 M&C C-21916 - Authorizing the City Manager to execute the sixth of six one-
CMI Barron Risk year contract renewal options with CMI Barron Risk Management Services,
Management Inc., for Workers' Compensation Claims Administration Services, for the
Services, Inc. period January 1, 2007, through December 31, 2007, for a cost not to exceed
$883,000.00.
C-21917 M&C C-21917 - Authorizing the City Manager to enter into a lease agreement
State of Texas with the State of Texas to provide a constituent service office to State
Representative Marc Veasey in Tech Fort Worth, the former gymnasium of the
James E. Guinn School campus. The lease shall be renewed annually unless
terminated by the parties.
C-21918 M&C C-21918 - Adopting Appropriation Ordinance No. 17351-01-2007
Ord. No. 17351- increasing estimated receipts and appropriations in the Special Assessments
01-2007 Fund in the amount of $300,000.00 from available funds for the purpose of
Ord. No. 17352- funding a transfer to the Street Improvements Fund to execute an Engineering
01-2007 Services Agreement with Teague Nall and Perkins, Inc.; authorizing the
Teague Nall and transfer of $300,000.00 from the Special Assessments Fund to the Street
Perkins, Inc. Improvements Fund; adopting Appropriation Ordinance No. 17352-01-2007
increasing estimated receipts and appropriations in the Street Improvements
Fund in the amount of$300,000.00 from a Special Assessments Fund transfer
for the purpose of executing an Engineering Services Agreement with Teague
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 11 of 39
Nall and Perkins, Inc.; and authorizing the City Manager to execute an
Engineering Services Agreement with Teague Nall and Perkins, Inc., in the
amount of $668,030.00 for the design of Keller-Hicks Road from Ridgview
Street to Park Vista Boulevard and Beach Street from Golden Triangle
Boulevard to Keller-Hicks Road.
C-21919 M&C C-21919 - Adopting Appropriation Ordinance No. 17353-01-2007
Ord. No. 17353- increasing estimated receipts and appropriations in the Special Assessments
01-2007 Fund in the amount of $100,000.00 from available funds for the purpose of
Ord. No. 17354- transferring said funds to the Critical Capital Projects Fund to address capital
01-2007 needs; authorizing the transfer of $100,000.00 from the Special Assessments
Amendment No 1 Fund to the Critical Capital Projects Fund for the purpose of addressing capital
to Engineering needs; adopting Appropriation Ordinance No. 17354-01-2007 increasing
Agreement - estimated receipts and appropriations in the Critical Capital Projects Fund in the
Wilbur Smith amount of $100,000.00 from available funds for the purpose of amending a
Associates contract with Wilbur Smith Associates to add four study corridors; and
authorizing the City Manager to execute Amendment No. 1 to the Engineering
Agreement with Wilbur Smith Associates in the amount of $100,000.00 in
order to add four study corridors to the original agreement as directed by City
Council at the August 15, 2006, Pre-Council meeting for a total cost of
$770,000.00.
C-21920 M&C C-21920 - Authorizing the City Manager to execute an Interlocal
Ord. No. 17355- Agreement with the North Texas Tollway Authority in the amount of
01-2007 $280,000.00 to share the cost of the preparation of construction plans,
North Texas specifications and estimates (PS&E) for traffic signals along the SH-
Tollway Authority 121/Southwest Parkway; authorizing the City Manager to execute an
Agreement for Engineering Services with Kimley-Horn & Associates, Inc., in
the amount of$270,000.00 for the preparation of PS&E for traffic signals along
the SH-12 1/Southwest Parkway subject to the execution of the Interlocal
Agreement with the North Texas Tollway Authority; and adopting
Appropriation Ordinance No. 17355-01-2007 increasing estimated receipts and
appropriations in the Grants Fund in the amount of $280,000.00, subject to
receipt of the Interlocal Agreement with North Texas Tollway Authority, for
the purpose of executing an agreement with Kimley-Horn & Associates, Inc.,
for engineering services for preparation of construction plans, specifications
and estimates for traffic signals along State Highway 121/Southwest Parkway.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 12 of 39
C-21921 M&C C-21921 - Authorizing the transfer of$149,500.00 from the Storm Water
Ord. No. 17356- Operating Fund to the Storm Water Capital Projects Fund; adopting
01-2007 Appropriation Ordinance No. 17356-01-2007 increasing estimated receipts and
Amendment No. 1 appropriations in the Storm Water Capital Projects Fund in the amount of
to Engineering $149,500.00 from a transfer from the Storm Water Operating Fund, for the
Agreement - purpose of executing a contract amendment with DeOtte, Inc., to provide
DeOtte, Inc. engineering services for the Citywide Roadway Flooding Hazard Assessment;
and authorizing the City Manager to execute Amendment No. 1 to Engineering
Agreement with DeOtte, Inc., to provide engineering services for the Citywide
Roadway Flooding Hazard Assessment in the amount of$149,500.00 for a total
contract cost of$312,500.00.
C-21922 M&C C-21922 - Authorizing the execution of utility relocation reimbursement
AboveNet agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern
Communications, Gas Pipeline, Inc., McLeodUSA Telecommunications Services, Inc., Qwest
Inc., TCG Dallas, Communications Corporation, Southwestern Bell Telephone, L.P., Sunoco
Southwestern Gas Pipeline L.P., and TXU Electric Delivery Company totaling $1,172,314.04 as
Pipeline, Inc., required for the relocation of FM 156 as part of the runway extension project at
McLeodUSA
Telecommunications Fort Worth Alliance Airport (DOE 4867).
Services, Inc., Qwest
Communications
Corporation,
Southwestern Bell
Telephone, L.P.,
Sunoco Pipeline,
L.P., and TXU
Electric Delivery
Company
C-21923 M&C C-21923 - Authorizing the City Manager to execute Change Order No. 2
Change Order No. to City Secretary Contract No. 32524 with Cole Construction, Inc., for Berry
2 to CSC No. Street reconstruction from Henderson Street to Evans Avenue, in the amount of
32524 - Cole $106,734.60 thereby increasing the contract amount to $1,130,546.54.
Construction, Inc.
C-21924 M&C C-21924 - Authorizing the City Manager to execute a contract with Gin-
Gin-Seen, Inc. Spen, Inc., in the amount of $1,760,682.00 for Water and Sanitary Sewer
Improvements to serve the Thompson Road and Riverside North Area (City
Project No. 00237).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 13 of 39
C-21925 M&C C-21925 - Authorizing the City Manager to transfer $1,115,706.00 from
Ord. No. 17357- the Water and Sewer Operating Fund to the Water Capital Projects Fund in the
01-2007 amount of$668,133.00 and the Sewer Capital Projects Fund in the amount of
JLB Contracting, $447,573.00; adopting Appropriation Ordinance No. 17357-01-2007 increasing
LP estimated receipts and appropriations in the Water Capital Projects Fund in the
amount of$668,133.00 and the Sewer Capital Projects Fund in the amount of
$447,573.00 from a Water and Sewer Operating Fund transfer, for the purpose
of executing a contract with 7LB Contracting, LP, for HMAC Surface Overlay
2006-18, at various locations; and authorizing the City Manager to execute a
contract with 7LB Contracting, LP, in the amount of$1,015,952.10 for HMAC
Surface Overlay 2006-18, at various locations.
C-21926 M&C C-21926 - Adopting Supplemental Appropriation Ordinance No. 17358-
Ord. No. 17358- 01-2007 increasing estimated receipts and appropriations in the Culture and
01-2007 Tourism Fund in the amount of $17,586.00 and decreasing the unreserved,
Ord. No. 17359- undesignated fund balance by the same amount for the purpose of transferring
01-2007 said funds to the Specially Funded Capital Projects Fund to execute
Amendment No. 7 Amendment No. 7 to City Secretary Contract No. 31257 with Parsons Water
to CSC No. 31257 and Infrastructure, Inc., to provide additional engineering services for water and
- Parsons Water sanitary sewer replacements on Throckmorton Street and 14th Street (City
and Project No. 00136); authorizing the transfer of$17,586.00 from the Culture and
Infrastructure, Tourism Fund to the Specially Funded Capital Projects Fund; adopting
Inc. Appropriation Ordinance No. 17359-01-2007 increasing estimated receipts and
appropriations in the Specially Funded Capital Projects Fund in the amount of
$17,586.00 from available funds, for the purpose of executing Amendment No.
7 to City Secretary Contract No. 31257 with Parsons Water and Infrastructure,
Inc., to provide additional engineering services; and authorizing the City
Manager to execute Amendment No. 7 to City Secretary Contract No. 31257
with Parsons Water and Infrastructure, Inc., in the amount of $17,586.00 to
provide additional engineering services, thereby increasing the contract amount
to $158,670.87. Subsequent amendments, if necessary, will be processed
administratively up to a $25,000.00 total.
C-21927 M&C C-21927 - Approving the acceptance of a lease agreement for natural gas
Dale Resources, drilling under 36.40 acres more or less of City-owned properties located in
L.L.C. Tarrant County known as the Trail Drivers Park to Dale Resources, L.L.C., for
a two-year term.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 14 of 39
C-21928 M&C C-21928 - Authorizing the City Manager to execute Amendment No. 7 to
Amendment No. 7 City Secretary Contract No. 33082 with Alan Plummer Associates, Inc., for the
to CSC No. 33082 design of pressure reducing valves and vault to serve the water transmission
- Alan Plummer line to the Turtle Creek Development in the amount of $75,019.00 increasing
Associates, Inc. the total contract amount to $1,535,714.78.
C-21929 M&C C-21929 - Authorizing the City Manager to accept the $70,981.00 Loan
Ord. No. 17360- Star Libraries Grant for the Fort Worth Public Library from the Texas State
01-2007 Library and Archives Commission; authorizing the City Manager to execute a
Texas State grant agreement with the Texas State Library and Archives Commission
Library and relating to such grant; and adopting Appropriation Ordinance No. 17360-01-
Archives 2007 increasing estimated receipts and appropriations in the Grants Fund in the
Commission amount of$70,981.00, subject to receipt of the Loan Star Libraries Grant from
the Texas State Library and Archives Commission for the purpose of funding
the Loan Star Libraries Program for the Fort Worth Public Library.
The motion carried. End of Consent Agenda.
Agenda Item X There were no changes presented by the City Council in memberships in the
Presentations by City's boards and commissions.
City Council
Agenda Item XI Mr. Jose Muniz and Ms. Ashley Baker, representing the Fort Worth Youth
Committee Advisory Board, appeared before Council and expressed their appreciation for
Presentation by the Council's consideration to support the National League of Cities' Platform
Fort Worth Youth for Strengthening Families and Improving Outcomes for Children and Youth.
Advisory Board They stated that the City of Fort Worth was doing much to help children, youth
and families and that they looked forward to working with City staff to update
their score card on children and youth. They also expressed appreciation to the
Council for their continued support.
Several Council Members stated that they were impressed with the work of the
Youth Advisory Council and commended them for their leadership and
expressed appreciation for their contributions to the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 15 of 39
Agenda Item XHI There was presented a resolution expressing the City Council's intent to
Res. No. 3446-01- evaluate options for preservation and enhancement of Trinity Park.
2007
Express City Mr. J. R. Peacock, 13 Chase Court, speaking on behalf of Jeffrey Jacoby, DFW
Council's Intent to Staff Director for Texas Campaign for the Environment, appeared before
Evaluate Options Council in support of the resolution. He read a prepared statement from the
for Preservation organization which outlined their support of the resolution and of the position
and Enhancement of the League of Women Voters and Save Our Parks Committee. He advised
of Trinity Park the Council that these organizations' positions were that any change in the
Master Thoroughfare Plan regarding City parks should be approved by vote of
J.R. Peacock the City Council after review by the Parks and Community Services Advisory
Board and City Plan Commission. He expressed appreciation to the Council for
responding to the people who use and treasure Trinity Park.
Betsy Hedden Ms. Betsy Hedden, 3200 Overton Park West, representing the League of
Women Voters of Tarrant County, appeared before Council in support of the
resolution. She read a prepared statement which outlined the league's position
of a thoroughfare through Trinity Park. She expressed concern that the Cultural
District Master Plan still reflected a need for a thoroughfare through the park
and that the league would press for a revision to that master plan. She also
expressed appreciation for the City Council requiring that all proposals for
major roads that affect a City park go before the Council for approval. She also
pointed out the need to find an alternative for the Trinity Parkway before any
necessary private property was redeveloped for other uses. She added the
properties included those around the intersection of Foch and Lancaster and the
south side of Foch from Lancaster to Trinity Park Drive.
Mayor Moncrief stated that Mayor and Council Communication Nos. G-15574
and G-15578 would be heard at this time as they also pertained to this matter
and requested that City Secretary Hendrix read both items into the record.
G-15574 There was presented Mayor and Council Communication No. G-15574 from
Adopt Roadway the City Manager recommending that the City Council approve an amendment
Standards to the adopted Roadway Standards Procedures to change the Master
Procedures to Thoroughfare Plan (MTP) Amendment Process for cases involving parkland
Change Master such that staff no longer has the ability to administratively move an alignment
Thoroughfare on the MTP when it affects parkland; and any MTP Amendment involving
Plan Amendment parkland must first be considered by the Parks and Community Services
Process for Cases Advisory Board followed by the Plan Commission and then City Council.
Involving
Parkland
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 16 of 39
Public Hearing It appeared that the City Council set today as the date for a public hearing to
G-15578 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-007,
Amend Master to delete the portion of Trinity Parkway from the Master Thoroughfare Plan
Thoroughfare between West 7th Street and University Drive. Mayor Moncrief opened the
Plan, MT-06-007, public hearing and asked if there was anyone present desiring to be heard.
to Delete Trinity
Parkway between Mr. Mark Rauscher, Planning and Development Manager, Transportation and
West 7th Street Public Works Department, appeared before Council, gave a staff report and
and University called attention to Mayor and Council Communication No. G-15578, as
Drive follows:
There was presented Mayor and Council Communication No. G-15578 from
the City Manager recommending that the City Council adopt the proposed
amendment to the Master Thoroughfare Plan (MTP), MT-06-007, to delete the
portion of Trinity Parkway from the MTP between West 7th Street and
University Drive.
Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of
deleting Trinity Parkway. He expressed appreciation to the Council, City
Manager Boswell, and City staff for achieving the strategic goal of ensuring
quality customer service and for being a more open government. He added that
since the Cultural District Master Plan still reflected a road through Trinity
Park, everyone would have to work hard to plan an alternative.
John Roberts Mr. John Roberts, 3629 Ryan Avenue, appeared before Council in support of
Mayor and Council Communication Nos. G-15574 and G-15578. He stated
that the deletion of the Trinity Park thoroughfare from the Master Plan would
help keep unwelcome park surprises from coming up in the future and help
preserve the VanZant Cottage. He requested that the Council continue to study
the traffic issues in the Cultural District.
Randy Lockhart Mr. Randy Lockhart, 1803 Chisec Court, Grandbury, Texas, appeared before
Council in support of Mayor and Council Communication No. G-15577.
Jan Fersing Mr. Jan Fersing, 3800 Trailwood Lane, representing the Save Our Parks
Committee, appeared before Council in support of the resolution and Mayor
and Council Communication No. G-15574, but in opposition of G-15578. He
talked about the number of meetings he had attended on this issue. He
explained he wanted to see a roadway designation left on the Master
Thoroughfare Plan at the edge of the park due to the fact that he did not want
development to encroach into that area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 17 of 39
Mayor Moncrief clarified with Mr. Fersing if he wanted to leave the
thoroughfare in the MTP even though there was no funding to build the
thoroughfare. Mr. Fersing responded affirmatively as private development
would continue regardless of what the Council did to fund the road. Mayor
Moncrief advised that favorable action by the Council on G-15574 and G-
15578 would protect the park areas.
Council Member Silcox pointed out that if these items were approved, the road
would be removed from the MTP and all changes affecting City parkland
would have to go before the Council for final approval.
Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in support of
Mayor and Council Communication Nos. G-15574 and G-15578.
Council Member Davis clarified the intent of the resolution and assured the
public that the Council was resolved to look at a planning process for any
connection between West 7th Street and University that would utilize existing
street network only, as well as addressing concerns raised with VanZant
Cottage and returning Parks and Community Services Equipment Division and
the Armory site to active park space. She further stated that the Council was
going to move forward with some very serious planning to help make these
concerns a reality.
Council Member Davis made a motion, seconded by Council Member Silcox
that Resolution No. 3446-01-2007 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Council Member Davis stated that M&C G-15574 was changing procedures to
no longer allow staff to have the ability to administratively move an alignment
on the MTP when it affected parkland and also that any MTP amendment
involving parkland had to be first considered by the Parks and Community
Services Advisory Board, followed by the City Plan Commission and finally
the Council.
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15574 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Davis stated that M&C G-15578 was in response to Save Our
Parks citizens concerns about the road through the park and great concern that it
should be removed.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 18 of 39
There being no one present desiring to be heard in connection with the public
hearing, Council Member Davis made a motion, seconded by Council Member
Silcox, that the public hearing be closed and Mayor and Council
Communication No. G-15578 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
AGENDA ITEM XIV—REPORT OF THE CITY MANAGER
G-15536 It was the consensus of the City Council that Mayor and Council
Continued Until Communication No. G-15536, Adoption of Ordinance Amending Chapter 34,
January 30, 2007 "Vehicles for Hire", Article VI, "Ground Transportation for Hire", of the City
Code of the City of Fort Worth and Adopt a Fee Schedule for Ground
Transportation Services, be continued until the January 30, 2007, Council
meeting.
G-15551 There was presented Mayor and Council Communication No. G-15551 from
Res. No. 3447-01- the City Manager recommending that the City Council adopt a resolution
2007 authorizing up to an additional $30,000.00 to be paid to Whitaker, Chalk,
Increase Swindle & Sawyer, L.L.P., to aid the City in the land acquisitions including
Maximum condemnation work for the relocation of FM 156 for a total contract amount not
Amount to be Paid to exceed $75,000.00.
to Whitaker,
Chalk Swindle & Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition to
Sawyer, L.L.P. this issue. He expressed concern with the continual increases for outside legal
counsel relative to this matter and stated that the cost should have been more
Clyde Picht closely estimated.
City Attorney Yett advised that the estimate started with a smaller amount and
as the cases went through the court system more fees may be incurred. He
assured Council that all the fees were legal and necessary and that they were all
fully reimbursed by Federal Aviation Administration grants and part of an
important process to do the Alliance runway extension. He added that the City
had received good service for the dollar and that City staff strived to keep the
Council informed of any additional costs associated with continuing litigation.
Council Member Espino made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15551 be approved and
Resolution No. 3447-01-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 19 of 39
G-15554 It was the consensus of the City Council that Mayor and Council
Continued Until Communication No. G-15554, Authorize Execution of Amendment for
January 18, 2007 Continued Participation in Regional Integrated Storm Water Management
Program Fiscal Year 2006-07, be continued until the January 18, 2007, Council
meeting.
G-15569 There was presented Mayor and Council Communication No. G-15569 from
Res. No. 3448-01- the City Manager recommending that the City Council adopt a resolution
2007 endorsing the National League of Cities' Council on Youth, Education, and
Support City Families City Platform for Strengthening Families and Improving Outcomes for
Platform for Children and Youth, as recommended by the Fort Worth Youth Advisory
Strengthening Board.
Families and
Improving Council Member Davis made a motion, seconded by Council Member Silcox,
Outcomes for that Mayor and Council Communication No. G-15569 be approved and
Children and Resolution No. 3448-01-2007 be adopted. The motion carried unanimously
Youth nine (9) ayes to zero (0) nays.
G-15570 There was presented Mayor and Council Communication No. G-15570 from
Ord. No. 17361- the City Manager recommending that the City Council adopt an ordinance
01-2007 extending the moratorium to March 20, 2007, on the acceptance of applications
Extend for salt water disposal wells pending consideration of revised regulations
Moratorium to regarding salt water disposal wells in the current Gas Drilling Ordinance of
Accept Article II, Chapter 15, of the City Code.
Applications for
Salt Water Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks,
Disposal Wells that Mayor and Council Communication No. G-15570 be approved and
Ordinance No. 17361-01-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-15571 There was presented Mayor and Council Communication No. G-15571 from
Ord. No. 17362- the City Manager recommending that the City Council adopt an ordinance by
01-2007 the City Council of the City of Fort Worth, Texas, providing for the issuance of
Issue Combination $42,325,000.00 City of Fort Worth, Texas, Combination Tax and Limited
Tax and Limited Surplus Revenue Certificates of Obligation, Series 2007; providing for the levy,
Surplus Revenue assessment and collection of a tax sufficient to pay the interest on said
Certificates of Certificates of Obligation and to create a sinking fund for the redemption
Obligation, Series thereof at maturity; pledging certain revenues in support of said certificates;
2007 prescribing the form of said Certificates of Obligation; and ordaining other
matters relating to the subject; and authorize the $42,325,000.00 Combination
Tax and Limited Surplus Revenue Certificates of Obligation, Series 2007, be
sold to Bank of America, the bidder offering the lowest true interest rate of 4.46
percent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 20 of 39
G-15572 There was presented Mayor and Council Communication No. G-15572 from
Ord. No. 17363- the City Manager recommending that the City Council adopt an ordinance by
01-2007 the City Council of the City of Fort Worth, Texas, providing for the issuance of
Issue Combination $22,030,000.00 City of Fort Worth, Texas, Combination Tax and Parking
Tax and Parking Revenue Certificates of Obligation, Series 2007; providing for the levy,
Revenue assessment and collection of a tax sufficient to pay the interest on said
Certificates of Certificates of Obligation and to create a sinking fund for the redemption
Obligation, Series thereof at maturity; pledging certain revenues in support of said certificates;
2007 prescribing the form of said Certificates of Obligation; and ordaining other
matters relating to the subject; and authorize the $22,030,000.00 Combination
Tax and Parking Revenue Certificates of Obligation, Series 2007, be sold to
Bank of America, the bidder offering the lowest true interest rate of 4.69
percent.
Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition on
the issuance of bonds relative to Mayor and Council Communication Nos. G-
15571 and G-15572. He expressed concern that the bonds totaled over
$62,000,000.00 and that the City would issue the bonds without public
approval.
Assistant City Manager Karen Montgomery stated that Certificates of
Obligation reflected in M&C No. G-15571 would be sold to Bank of America
for 4.46 percent and that Certificates of Obligation reflected in M&C No. G-
15572 would also be sold to Bank of America for 4.69 percent. She reiterated
her comments from the Pre-Council Worksession that bids were received from
two banks for the $40,000,000.00 issue and one bid for the $20,000,000.00
issue for the parking garage. She added that the City did request a rating from
Moody's and received an affirmation of the City's Aal rating for both of the
Certificates of Obligation and the City was also affirmed as having a stable
financial condition.
Council Member Silcox made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. G-15571 be approved and
Ordinance No. 17362-01-2007 be adopted.
Council Member Davis expressed her concern with the issuance of these
Certificates of Obligation. She stated that although she fully supported what
the money would be spent for, she had previously expressed her long standing
position that the issuance of Certificates of Obligation in this manner and for
this purpose without first hearing from the City's citizenry where the City had
not been able to articulate an absolute urgency as moving forward, was
something that the City should not do. She stated for those reasons she could
not support M&C No. G-15571.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 21 of 39
Council Member Espino stated that since his election in 2005, he had pushed
hard for street reconstruction which had traditionally been funded by Capital
funds as opposed to street maintenance which had been paid from Operating
funds. He added that the City was in an infrastructure crisis with over
$538,000,000.00 poor streets and roads and over $585,000,000.00 in arterial
streets. He stated that in 2004 bond package the City allocated
$273,000,000.00 which was the largest bond package in the history of the City
of Fort Worth and it was not enough; in 1998 the City had a bond package for
$120,000,000.00 and again it was not enough for streets and roads. He further
stated that this critical capital needs was part of a comprehensive
$150,000,000.00 package and advised that the Council still had the discretion
during the budget process to look at calling for a bond election in November.
He pointed out that the citizens throughout the City had stated that streets and
roads were critical needs that needed to be addressed now. He added that if the
City waited until November, valuable time would be lost as this package had
over $50,000,000.00 for neighborhood street reconstruction, $6,000,000.00 for
premature street failures, and there would be money for fire stations, public
health centers and land acquisitions for fire stations. He concluded by stating
that the City was leveraging arterial street grant money that would probably
exceed $100,000,000.00 and for all these reasons he supported M&C No. G-
15571.
Comments from all Council Members attested to the critical need for the
issuance of the Certificates of Obligation for infrastructure improvements based
on meetings with their constituents. They advised that by waiting for a
November election, higher costs may be incurred and that it was prudent for the
Council to issue the Certificates of Obligation to address critical needs.
The motion carried eight (8) ayes to one (1) nay, with Council Member Davis
casting the dissenting vote.
Council Member Davis explained her position for her support of M&C No. G-
15572. She stated that the parking garage for the Convention Center and Hotel
was part of a very long public process that the City engaged in after voters
indicated to the City that they did not wish the City to get into the Convention
Center Hotel business. She added that it began with a Blue Ribbon Citizens
Committee and went through a number of very informative meetings that
concluded with a recommendation by that committee that included the building
of the parking garage.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 22 of 39
Council Member Silcox pointed out the difference on the issuance of this
Certificate of Obligation was that this would be a revenue generator and the
revenue would actually pay for the bonds and not the General Fund.
Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks,
that Mayor and Council Communication No. G-15572 be approved and
Ordinance No. 17363-01-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-15573 There was presented Mayor and Council Communication No. G-15573 from
Approve the City Manager recommending that the City Council authorize the City
Reallocation of Manager to approve use of $300,000.00 of Community Development Block
CDBG Year XXX Grant (CDBG) Year XXX Unprogrammed Funds for street maintenance and
Unprogrammed approve reallocation to the Street Maintenance Program.
Funds to Street
Maintenance Council Member Espino made a motion, seconded by Council Member
Program Wheatfall, that Mayor and Council Communication No. G-15573 be approved.
The motion carried unanimously nine (9) ayes to zero (0) nays.
G-15575 There was presented Mayor and Council Communication No. G-15575 from
Partial Approval the City Manager recommending that the City Council approve the applications
of Historic Site from multiple property owners for partial approval of the Historic Site Tax
Tax Exemption Exemption for properties located at 860 East Mulkey Street, 1316 5th Avenue,
2433 Rogers Avenue, 812 West Morphy Street, 2002 Lipscomb Street and 3224
Mount Vernon Street.
Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that
Mayor and Council Communication No. G-15575 be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
G-15576 There was presented Mayor and Council Communication No. G-15576 from
Verify Historic the City Manager recommending that the City Council approve the applications
Site Tax from multiple property owners for verification of the Historic Site Tax
Exemption Exemption for 4567 Meadowbrook Drive, 1725 5th Avenue, 2301 West
Rosedale Street South, 1720 Washington Avenue, 1905 through 1907
Fairmount Avenue, 2200 College Avenue (condominiums), 1901 6th Avenue
and 4147 Meadowbrook Drive.
Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. G-15576 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 23 of 39
Public Hearing It appeared that the City Council set today as the date for a public hearing to
G-15577 adopt the proposed amendment to the Master Thoroughfare Plan, MT-06-005,
Amend Master to delete a future unnamed minor arterial that connects Cromwell Marine Creek
Thoroughfare Road with the future extension of Huffines Boulevard. Mayor Moncrief
Plan, MT-06-005, opened the public hearing and asked if there was anyone present desiring to be
to Delete Future heard.
Unnamed Minor
Arterial that Mr. Mark Rauscher, Planning and Development Manager, Transportation and
Connects Public Works Department, appeared before Council, gave a staff report and
Cromwell Marine called attention to Mayor and Council Communication No. G-15577, as
Creek Road with follows:
Future Extension There was presented Mayor and Council Communication No. G-15577 from
of Huffines the City Manager recommending that the City Council adopt the proposed
Boulevard amendment to the Master Thoroughfare Plan, MT-06-005, to delete a future
unnamed minor arterial that connects Cromwell Marine Creek Road with the
future extension of Huffines Boulevard.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Burdette made a motion, seconded by Council
Member Silcox, that the public hearing be closed and Mayor and Council
Communication No. G-15577 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
P-10512 It was the consensus of the City Council that Mayor and Council
Withdrawn from Communication No. P-10512, Authorize a Purchase Agreement for Original
Consideration Equipment Manufacture Caterpillar and Olympian Generator Maintenance,
Repairs and Parts with Holt Cat for the Water Department, be withdrawn from
consideration.
PZ-2716 There was presented Mayor and Council Communication No. PZ-2716 from the
Ord. No. 17364- City Manager recommending that the City Council institute and consider the
01-2007 adoption of an ordinance declaring certain findings; providing for the extension
Voluntary of certain boundary limits of the City of Fort Worth; providing for the
Annexation annexation of an approximately 75.987 acre tract of land situated in the J.F.
(AX-06-011, Elliott Survey, Abstract No. 493 and the T.G. Zachary Survey, Abstract No.
Montserrat) 1759, located north of Team Ranch Road and west of Interstate Highway Loop
820 Southwest in Tarrant County, Texas (Case No. AX-06-011, Montserrat),
which said territory lies adjacent to and adjoins the present corporate boundary
limits of Fort Worth, Texas; providing that the territory annexed shall bear its
pro rata part of taxes; providing that the inhabitants thereof shall have all the
privileges of all the citizens of Fort Worth, Texas; providing that this ordinance
shall amend every prior ordinance in conflict herewith.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 24 of 39
Council Member Silcox made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. PZ-2716 be approved and
Ordinance No. 17364-01-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
C-21930 There was presented Mayor and Council Communication No. C-21930 from the
Cytec Industries, City Manager recommending that the City Council authorize the City Manager
Inc., and LaGrave to execute a non-binding tri-party agreement between the City of Fort Worth,
Redevelopment Cytec Industries, Inc., and LaGrave Redevelopment LLCBLG Northside
LLCBLG Development L.P., describing the redevelopment and removal of deed
Northside restrictions on City property located at 600 North Jones Street.
Development L.P.
Council Member Espino made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. C-21930 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-21931 There was presented Mayor and Council Communication No. C-21931 from the
Ord. No. 17365- City Manager recommending that the City Council authorize the City Manager
01-2007 to execute a professional services agreement with Kimley-Horn and Associates,
Kimley-Horn and Inc., in the amount of$214,000.00 for the evaluation of City Aquatic Facilities,
Associates, Inc. development of a Citywide Aquatic Facilities Master Plan and the design and
preparation of construction documents for a prototypical splash pad; and adopt
an appropriation ordinance increasing estimated receipts and appropriations in
the Park Gas Lease Projects Fund in the amount of$224,000.00 from Gas Well
Royalty Revenues for the purpose of executing a professional services
agreement with Kimley-Horn and Associates, Inc., for the evaluation of City
aquatic facilities, development of a Citywide Aquatic Facilities Master Plan and
to design and prepare construction documents for a prototypical spray pool at
Sycamore Park.
Council Member Wheatfall asked staff the criteria used for selecting which
pools would be getting the splash pad sites.
Assistant City Manager Libby Watson stated that the state of the pools would
be the existing pools to confirm what it would take to continue operating the
City's outdoor pools while the City developed and found a way to fund a
master plan. She added that study would look at major natatoriums similar to
what the City was in partnership with Crowley High School for indoor year
around pools. She recalled a Pre-Council meeting briefing in the summer of
2006 about splash pads being placed in more neighborhood-based community
parks and that Council requested City staff design one prototype and place it in
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 25 of 39
a park for evaluation. She pointed out that this study would assist in
determining the criteria to pick a pilot site and construct a splash pad so that
everyone could see it, enjoy it and then determine if that makes transition away
from the City's five outdoor summer pools easier.
Council Member Wheatfall commended City staff on their diligence for
continuing to find a solution to the City's aging pool infrastructure. He pointed
out that southeast Fort Worth and the Stop Six neighborhoods had to travel to
the Poly neighborhood to use pool facilities at Sycamore School Park.
Council Member Espino asked that staff ensure the study also focused on
Central City areas.
Council Member Burdette made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. C-21931 be approved and
Appropriation Ordinance No. 17365-01-2007 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL
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 Commercial Recorder, the official newspaper
of the City of Fort Worth, on December 19, 2006. Mayor Moncrief opened the
public hearing and asked if there was anyone present desiring to be heard.
ZC-06-186 There was presented Zoning Docket No. ZC-06-186, application of D & KW
Approved Family, L.P., for a change in zoning of property located at 7980 South Freeway
from "F" General Commercial and "G" Intensive Commercial to "PD/SU"
Planned Development/Specific Use for all uses in "G" Intensive Commercial,
plus equipment leasing with outside storage, and with waiver of site plan
recommended.
Mr. Bill Dahlstrom, 901 Main Street, Suite 6000, Dallas, Texas, representing
the applicant, appeared before the Council in support of the zoning change. He
explained that in the Planned Development District, they agreed to some special
performance conditions that applied to just the equipment rental, and added that
the other uses permitted by right would not have those special conditions.
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PAGE 26 of 39
Council Member Jordan made a motion, seconded by Council Member Espino,
that Zoning Docket No. ZC-06-186, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-06-215 Council Member Espino made a motion, seconded by Council Member
Approved Wheatfall, that the application of Fort Worth Sports Authority, Inc., for a
change in zoning of property located at 3545 Lonestar Circle from "PD-215 and
PD-232" Planned Developments for the Texas Motor Speedway to amend "PD-
215 and PD-232" to seek allowance of the existence of the sign as "The
Marquee Sign" located near the middle of the southeast boundary of the subject
property, as shown on the approved Site Plan No. SP-03-007, with the
following characteristics and restrictions listed below, Zoning Docket No. ZC-
06-215, be approved.
1. The dimensions and structural and functional design of the sign and of
its components shall be shown in the exhibit and incorporated herein.
2. Up to 30 percent of the actual sign area of the sign and up 30 percent of
the time of the Electronic Video Display portion of the sign (the
"Electronic Video Display") may be used for off-premises advertising;
however, the 30 percent area limitation shall not apply during the
intervals that off-premises advertising is displayed on the Electronic
Video Display within the 30 percent time limitation. Messages and
logos that generically advertise sponsors or any permitted activity
conducted on the subject property shall be considered "on-premises"
advertising.
3. The minimum amount of time that a message that is primarily textual
("Text Message") must be shown on the Electronic Video Display and
the Trivision portion of the sign (the "Trivision") shall be six (6)
seconds, with the exception of background graphics. The message
change duration shall not exceed three (3) seconds and any Text
Message and/or logo or graphic that may contain text, but which is
not a Text Message ("Logo/Graphic"), may be shown during such
change time. A Text Message, or Logo/Graphic, may move;
however, a Text Message may move only during the change time
and must remain still for at least six (6) seconds after such change
time.
4. The sign may employ lighting with brilliance in excess of 150-foot
lamberts; however, the brilliance of the background graphics shall not
exceed that of the message being shown in front of such background.
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PAGE 27 of 39
5. The sign may utilize animated, flashing and/or twinkling images and
colored lighting, including, but not limited to, all primary colors.
6. The sign shall not be considered an "off-premises sign".
7. The sign shall be in addition to the other permitted signage on the
subject property and the sign area of the sign shall not be included in
any calculations for such other permitted signage.
The current status of the existing sign is legally non-conforming. Applicant
hereby reserves such legally non-conforming status and the filing of this
application and the contents hereof shall not waive or diminish such status.
(Note: this statement is intended as a reservation of rights and shall not apply if
this application is approved.)
The motion carried unanimously nine (9) ayes to zero (0) nays.
SP-06-044 It appeared that the City Council, at its meeting of December 19, 2006,
Approved continued the hearing of the application of Village Homes, L.P., for site plan of
property located at 2501, 2503, 2505 and 2507 Rogers Road for single family
residential restricted, Site Plan No. SP-06-044. Mayor Moncrief opened the
public hearing and asked if there was anyone present desiring to be heard.
There being no one present desiring to be heard in connection with the
application of Village Homes, L.P., Council Member Davis made a motion,
seconded by Council Member Jordan, that the zoning hearing be closed and
Site Plan No. SP-06-004 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
ZC-06-256 Council Member Espino made a motion, seconded by Council Member Jordan,
Approved that the application of Gary Fritchen for a change in zoning of property located
at 7736 Blue Mound Road from "AG" Agricultural to "PD/SU" Planned
Development/Specific Use for all uses in "E" Neighborhood Commercial, plus
a tree farm, and with site plan required, Zoning Docket No. ZC-06-256, be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-261 Council Member Burdette made a motion, seconded by Council Member
Approved Jordan, that the application of the City of Fort Worth for a change in zoning of
property located at 4000 through 4039 Dexter Avenue, 1909 through 2005
Clover Lane and 1920 Belle Place from `B" Two Family Residential to "A-5"
One Family Residential, Zoning Docket No. ZC-06-261, be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
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ZC-06-266 Council Member Burdette made a motion, seconded by Council Member Davis,
Approved that the application of Vista Crossroads 1, Ltd., for a change in zoning of
property located in the 2000 through 2300 block of Avondale-Haslet Road from
"A-5" One Family Residential and "G" Intensive Commercial to (Tract 1) "G"
Intensive Commercial; (Tract 2) "A-5" One Family Residential and (Tract 3)
"E" Neighborhood Commercial, Zoning Docket No. ZC-06-266, be approved.
The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-269 Council Member Burdette made a motion, seconded by Council Member Davis,
SP-06-036 that the application of FWRJM Properties, LTD., for a change in zoning of
Approved property located at 3712 Tulsa Way from "C" Medium Density Multifamily
Residential to "PD-666" Previously Approved Planned Development for uses in
"E" Neighborhood Commercial District and excluding the sale of alcohol for on
or off premises consumption (except as part of a restaurant), electric power
substation, telecommunications tower/antenna, water supply or treatment plant,
outdoor amusement, drive-in theater, cold storage plant or ice plant, pawn
shops, tattoo parlors and gasoline sales, and with site plan required, Zoning
Docket No. ZC-06-269 and Site Plan No. SP-06-036, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-270 There was presented Zoning Docket No. ZC-06-270, application of ACME
Approved Brick Company, et al., for a change in zoning of property located in the 2800
through 2900 blocks of Crockett Street and the 2800 through 3001 block of
West 7th Street from "MU-2" High Intensity Mixed Use and "PD-530" Planned
Development for "MU-2" uses with storage yard for building materials to
"PD/SU" Planned Development/Specific Use for all uses in "MU-2" High
Intensity Mixed Use, subject to the following provisions in Section 4.1001 with
the following exceptions as described below, with site plan required.
1. Permit the construction of one hundred twenty (120) foot high, mixed-
use buildings encroaching approximately twenty (20) feet into the
required twenty (20) foot front yard setback, required for any portion of
a building over sixty (60) feet, creating a zero (0)foot front yard;
2. Permit the construction of single-use buildings to a height limit of one
hundred twenty (120) feet high and encroaching approximately twenty
(20) feet into the required twenty (20) foot front yard setback, required
for any portion of a building over sixty (60) feet, creating a zero (0) foot
front yard.
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3. Permit roof top terraces and other common spaces that are open to the
sky to be included as part of the ten (10) percent open space
requirements.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in
opposition of the zoning change. He stated that he understood the applicant
would submit a concept plan for the Council's consideration and not the
required site plan. He stated that he represented the interests of the Amon
Carter, Kimball and Modern Museums to preserve the view corridor from each
of the museums. He added that the location of certain structures in this zoning
case would impede the interior view corridor to downtown Fort Worth. He
pointed out that the applicant had requested waivers from provisions of the
Zoning Ordinance relative to setback requirements. He stated that the waivers
would provide an additional 100,000 square feet for the three 120-foot
structures. He requested that the Council uphold the City Zoning
Commission's requirement that the applicant file with the City and go through
the process of a Planned Development site plan, not just a concept plan and the
site plan required by the MU-2 developer. Additionally, he requested that the
Council impress upon the applicant that they give strong consideration to the
height limitation in this view corridor and that they work with the museums and
Cultural District to try and achieve some balance and maintain that corridor.
He concluded by stating that Fort Worth was fortunate to have three museums
that had beautiful structures, beautiful art and beautiful sites and to impede that
by constructing large buildings on this site, the view is ruined from various
areas.
Ben Fortson III Mr. Ben Fortson III, 2200 Indian Creek Drive, appeared before Council in
opposition of the zoning change. He stated that he was interested in preserving
the view corridor that would enhance the entire community. He requested that
the owners and developers consider the thoughts and plans of the Cultural
District and museums in their developments.
Ruth Carter Ms. Ruth Carter Stevenson, 1200 Broad Avenue, appeared before Council in
Stevenson opposition of the zoning change. She stated that the three museums were a unit
that was extraordinary in any part of the world. She added that she hoped the
Council could understand the opposition's point of view.
Marcella Olson Ms. Marcella Olson, 301 Commerce, Suite 3000, appeared before Council in
support of the zoning change and advised that Council that she was present to
respond to any legal concerns.
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Kirk Williams Mr. Kirk Williams, 15601 Dallas Parkway, Addison, Texas, appeared before
Council in support of the zoning change. He assured the Council that the
property would be a quality development and that the applicant would work
with the neighborhood to address their concerns.
James Toal Mr. James Toal, 500 West 7th Street, appeared before Council in support of the
zoning change. He stated that this zoning change was a fulfillment of the vision
for Acme Brick and also the City staff s vision for an urban village. He added
that the area would be a livable and walkable mixed use development that
would enhance the area. He assured the Council that a more detailed site plan
would be submitted.
Council Member Davis stated that this was a difficult case to decide as she had
a tremendous amount of respect for all parties involved. She expressed concern
that if the zoning was not approved and the developer withdraw, that the next
developer may do something considered much more harmful to the area. She
addressed height limitations in the view corridor and added that the property
was zoned MU-2 with hope that this type of development would occur.
Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that
Zoning Docket No. ZC-06-270 be approved with the following modifications of
the "MU-2" regulations:
1. Permit the construction of single-use buildings (defined as buildings
containing no residential uses) to a height of 120 feet, as shown on
Exhibit 1. No buildings may exceed the height shown on Exhibit 1.
2. Permit the construction of buildings with heights exceeding 60 feet, as
shown on Exhibit 1, with a zero foot front yard. No portion of such
buildings, including those portions above 60 feet in height, are
required to be set back from the front property line.
Except as modified above, all other provisions of Section 4.1001 shall apply,
and with site plan required.
Ms. Dana Burghdoff, Planning Department Assistant Director, read an excerpt
of a letter from the Cultural District Development Initiatives indicating support
of the zoning change.
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Council Member Scarth expressed faith in Mr. Toal's projects and added that
they were always "first rate". He asked Mr. Toal if he could provide a 3-D
rendering of the project as part of the site plan submission.
Mr. Toal responded affirmatively and pointed out that their development
substantially restricted what could be built at the location today. He added that
they had substantially reduced the height from what could be built at the site.
Council Member Scarth asked staff what the City's options were once the site
plan was submitted.
Mr. Bob Riley, Development Department Director, stated that the staff would
review the site plan in concert with the concept plan primarily dealing with the
building heights. He added that the site plan would also reflect additional
information such as trash receptacle location, street entry and exits onto the
street, landscaping, etc. He pointed out that the site plan would provide a more
detailed picture of what to anticipate on the site.
The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-271 Council Member Espino made a motion, seconded by Council Member
Approved Wheatfall, that the application of Race Street Properties, L.P., for a change in
zoning of property located at 2711 and 2719 Race Street, 717 and 719 Blandin
from "B" Two Family Residential and "J" Medium Industrial to "PD/SU"
Planned Development/Specific Use for all uses in "E" Neighborhood
Commercial, with site plan required, Zoning Docket No. ZC-06-271, be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-272 Council Member Davis made a motion, seconded by Council Member Silcox,
Approved that the application of the City of Fort Worth for a change in zoning of property
located at 2433 Rogers Avenue from "A-5" One Family Residential to "A-
5/HC" One Family Residential/Historic and Cultural Overlay, Zoning Docket
No. ZC-06-272, be approved. The motion carried unanimously nine (9) ayes to
zero (0) nays.
ZC-06-273 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox,
Approved that the application of the City of Fort Worth for a change in zoning of property
located at 5633 Oak Grove Road West from "A-5" One Family Residential to
"A-5/HC" One Family Residential/Historic and Cultural Overlay, Zoning
Docket No. ZC-06-273, be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
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ZC-06-276 Council Member Davis made a motion, seconded by Council Member Silcox,
Approved that the application of the City of Fort Worth for a change in zoning of property
located at 2819 Wayside Avenue from `B" Two Family Residential to "A-5"
One Family Residential, Zoning Docket No. ZC-06-276, be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-277 Council Member Scarth made a motion, seconded by Council Member Silcox,
Approved that the application of the City of Fort Worth for a change in zoning of property
located at 3217 Williams Place from `B" Two Family Residential to "A-5" One
Family Residential, Zoning Docket No. ZC-06-277, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-278 It appeared that the City Council set today as the date for a hearing for Zoning
Ord. No. 17366- Docket No. ZC-06-278, Text Amendment for the Urban Forestry Board.
01-2007 Mayor Moncrief opened the public hearing and asked if there was anyone
Text Amendment present desiring to be heard.
Approved
There being no one present desiring to be heard in connection with the Text
Amendment, Council Member Wheatfall made a motion, seconded by Council
Member Davis, that the zoning hearing be closed, Zoning Docket No. ZC-06-
278 be approved and the following ordinance be adopted:
ORDINANCE NO. 17366-01-2007
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO.
13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, BY ESTABLISHING SECTION 2.105
"URBAN FORESTRY BOARD" TO ESTABLISH A NINE MEMBER
BOARD, 2.105A CREATION AND APPOINTMENT, 2.10513 TERMS OF
OFFICE, 2.105C MEETING AND QUORUM, 2.105D ATTENDANCE
REPORTS, 2.105E STAFF RESPONSBILITY, 2.105F POWERS AND
DUTIES, AND 2.105G DECISIONS OF THE URBAN FORESTRY BOARD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SAVINGS 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.
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PAGE 33 of 39
ZC-06-279 It appeared that the City Council set today as the date for a hearing for Zoning
Ord. No. 17367- Docket No. ZC-06-278, Text Amendment for revisions to landscape
01-2007 provisions/requirements. Mayor Moncrief opened the public hearing and asked
Text Amendment if there was anyone present desiring to be heard.
Approved
There being no one present desiring to be heard in connection with the Text
Amendment, Council Member Scarth made a motion, seconded by Council
Member Wheatfall, that the zoning hearing be closed, Zoning Docket No. ZC-
06-279 be approved and the following ordinance be adopted:
ORDINANCE NO. 17367-01-2007
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO.
13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, BY AMENDING SUBSECTIONS C, H AND
J, OF SECTION 6.301 "LANDSCAPING' TO MOVE TREE
REQUIREMENTS TO SUBSECTION K, "PRESERVATION OF TREES";
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.
AGENDA ITEM XVB - ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL/DENIAL
ZC-06-236A It appeared that the City Council, at its meeting of December 19, 2006,
Approved/Denied continued the hearing of the application of the City of Fort Worth, Carter
Riverside Neighborhood for a change in zoning of property located at 600
Blevins Avenue, 3300 Race, 1815 Bolton, 833 Fairview, 3301 Grapewood, 812
and 816 Hudgins, 805 and 808 Karnes and 3508 Maurice and 3701 Airport
Freeway, Zoning Docket No. ZC-06-236A:
Recommended for Approval:
600 Blevins from `B" Two Family Residential to "A-7.5" One Family
Residential, 1815 Bolton Street from "A-5" One Family Residential to "A-10"
One Family Residential (continued from previous week), 3300 Race Street
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from "E" Neighborhood Commercial to "A-7.5" One Family Residential
(continued from previous week), 3301 Grapewood, 812 and 816 Hudgins from
"B" Two Family Residential to "A-7.5" One Family Residential, 808 Karnes
from "B" Two Family Residential to "A-5" One Family Residential, 805
Karnes and 3508 Maurice from `B" Two Family Residential to "CF"
Community Facilities.
Recommended for Denial:
833 Fairview from "B" Two-Family Residential to "A-5" One-Family
Residential and 3701 Airport Freeway from "FR" General Commercial
Restricted to "E" Neighborhood Commercial.
Mayor Moncrief opened the public hearing and asked if there was anyone
present desiring to be heard.
Bob Rockett Mr. Bob Rockett, 307 West 7th Street #719, representing the property owner,
appeared before Council in support of the City Zoning Commission's
recommendation as it pertained to 3701 Airport Freeway, which was for denial
of the zoning change. He advised of the current use and uses under the current
zoning and the property owner's desire to continue with the current zoning.
Clifford Proffitt Mr. Clifford Proffitt, P.O. Box 7484, appeared before Council in support of the
City Zoning Commission's recommendation. He presented a PowerPoint
briefing that provided aerials of the affected properties. He asked that the
Council uphold the City Zoning Commission's recommendations.
There being no one else present desiring to be heard in connection with the
application of the City of Fort Worth, Carter Riverside Neighborhood, Council
Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the
zoning hearing be closed and Zoning Case No. ZC-06-236A be
approved/denied in accordance with the City's Zoning Commission
recommendations, with appreciation to Mr. Proffitt. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-06-274 Council Member Espino made a motion, seconded by Council Member Jordan,
Approved/Denied that the application of the City of Fort Worth, Diamond Hill Neighborhood for
a change in zoning of property located south of Long Avenue, east of Old
Decatur Road, west of Deen Road and north of 28th Street, Zoning Docket No.
ZC-06-274, be approved/denied, as follows:
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Recommended for Approval:
From "A-5" One Family Residential; `B" Two Family Residential; "CR" Low
Density Multifamily Residential; "C" Medium Density Multifamily
Residential; "E" Neighborhood Commercial; "F" General Commercial; "I"
Light Industrial; "K" Heavy Industrial; and "PD-309" Planned Development to
"A-5" One Family Residential.
Recommended for Denial:
2807, 2809 and 2811 Deen Road from "B" Two Family Residential and "E"
Neighborhood Commercial to "A-5" One Family Residential.
The motion carried unanimously nine (9) ayes to zero (0) nays.
AGENDA ITEM XVC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL
ZC-06-247 There was presented Zoning Docket No. ZC-06-247, application of Ricardo
Denied Without Salazar for a change in zoning of property located at 4904 Hillside Drive from
Prejudice "A-5" One Family Residential to "PD/SU" Planned Development/Specific Use
for all uses in "E" Neighborhood Commercial with outside display, and with
waiver of site plan requested.
Joyce Brown Ms. Joyce Brown, 4012 Rosedale Avenue, Austin Texas, speaking on behalf of
Ms. Mary Brown, 4908 Hillside Drive, appeared before Council in support of
the City Zoning Commission's recommendation for denial.
Council Member Espino made a motion, seconded by Mayor Pro tem Hicks,
that Zoning Docket No. ZC-06-247 be denied without prejudice. The motion
carried unanimously nine (9) ayes to zero (0) nays.
ZC-06-267 There was presented Zoning Docket No. ZC-06-267 and Site Plan SP-06-047,
SP-06-047 application of Henry Stevenson for a change in zoning of property located at
Denied With 4409 Mansfield Highway from "FR" General Commercial Restricted to
Prejudice "PD/SU" Planned Development/Specific Use for all uses in "FR" General
Commercial Restricted plus motel, and with site plan required.
Christopher Mr. Christopher R. Bonilla, 3204 South Main Street, appeared before Council
Bonilla in opposition of the City Zoning Commission's recommendation to deny the
zoning change. He stated that since the applicant's last appearance a year ago,
the applicant had made significant changes to the application. He explained the
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revisions to the site plan recommended by City staff and that the proposed
zoning change was consistent with the future land use map. He added that the
applicant intended to become a franchise with Hospitality International who
had determined that the applicant had met the required protocol to become a
franchisee. He further stated that the applicant had offered to make a space
available for use to Code Blue and the Police Department and that in
discussions with Deputy Police Chief Ramirez, he believed that the space
would provide a much needed Police presence and act as a deterrence to crime.
Luther Perry Mr. Luther Perry, 5228 Blue Valley Court, appeared before Council in
opposition of the City Zoning Commission's recommendation to deny the
zoning change. He stated that he knew the applicant well and that the motel
would provide an economic advantage to the area as well as career
opportunities for his youth group who were interested in going into the
hotel/motel business. He encouraged the Council to approve the zoning
change.
Council Member Wheatfall stated that there were no significant changes to the
site plan other than moving a sign. He pointed out that he was leary of having a
20 room motel on Mansfield Highway as it was not a good use for the area. He
emphasized that having the indication that Police presence was present in a
place of business raised a caution flag and stated that Mansfield Highway could
not sustain this type of development.
Council Member Wheatfall made a motion, seconded by Council Member
Silcox, that Zoning Docket No. ZC-06-267 and Site Plan No. SP-06-047, be
denied with prejudice. 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 Wheatfall made a motion, seconded by Council Member
Silcox, that the hearing be closed and that the following ordinance be adopted:
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REGULAR CITY COUNCIL MEETING
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PAGE 37 of 39
ORDINANCE NO. 17368-01-2007
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.
Item XVI Mr. Joe Don Brandon, 1415 East Lancaster, was recognized as desiring to
Citizen appear before Council relative to the homeless community wanting a City
Presentations contract for temporary labors; however, he was not present in the Council
Joe Don Brandon Chamber.
Scott Russell Pastor Scott Russell, P.O. Box. 53, Haslet, appeared before Council relative to
issuance of a Certificate of Occupancy. He advised the Council of the
difficulty he was experiencing to obtain the certificate for their new church
which was built in an area that was designed as a limited purpose annexation to
the City of Fort Worth and that it had become a financial issue for his church.
He provided background on the building process and contacts and meetings
with City staff He requested the Council grandfather requirements imposed by
the City or allow his congregation to meet in the facilities until all requirements
of the City's Development Department were met.
Council Member Burdette stated that he had spoke with Pastor Russell on a few
occasions and explained that part of the church was within the City of Fort
Worth and part of it was not. He asked that Pastor Russell meet with
Development Department representatives to hopefully expedite the process.
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Mr. Bob Riley, Development Department Director, stated that he had met with
Pastor Russell on a number of occasions. He emphasized that first steps had
been taken and that Development had received building plans on January 2,
2007, through a third party. He advised that the staff had reviewed the plans
and comments completed and the third party company advised of the
deficiencies. He added that once the deficiencies were addressed a permit
would be issued. He committed to expediting the process to have Pastor
Russell occupy the building even if it had to be under a temporary Certificate of
Occupancy as soon as possible. He concluded his comments by providing a
briefing presentation on the history of this case.
Lady Rae Silver Ms. Lady Rae Silver, 5757 Remington Circle #1012, appeared before Council
relative to the inability of bus transportation schedules provided by the Fort
Worth Transportation Authority (The T) to meet the needs of the residents in
her community. She emphasized that these residents were individuals that had
been moved from the Ripley Arnold Housing to this area and they had been
promised access to timely public transportation located in the area of Overton
Ridge between Hulen and Bryant Irvin. She pointed out her efforts to resolve
her dilemma and offered several suggestions to improve the service. She
requested Council review the information she provided and send a letter of
support to The T.
Mayor Pro tem Hicks and Council Member Davis endorsed Ms. Silver's
remarks and stated there needed to be improved bus service in various areas of
the City, especially in her community.
The following individuals appeared before Council relative to preservation of
the environment at Lake Worth, specifically addressing the oil and gas drilling
issues, construction, water contamination and cleaning and dredging of the lake.
They requested that the bulk of revenues from Barnett Shale drilling be used to
dredge the lake and not on water and sewer construction. They asked that
Council earmark funding for cleaning and dredging of the lake.
Shelly Harper, Ms. Shelly Harper 6301 Cahoba Drive
Mary Bostick, Ms. Mary Bostick 6949 Cahoba Drive
Joe Waller Mr. Joe Waller 2533 Castle Circle
Johnny Jones, Jr. Mr. Johnny Jones, Jr., 3627 Avenue I, was recognized as wishing to appear
before Council relative to the Police and City Manager; however, he was not
present in the Council Chamber.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2007
PAGE 39 of 39
Agenda Item There being no further business, the meeting was adjourned at 10:08 p.m. in
XVIII memory of former O.D. Wyatt High School student and starting Cornerback for
Adjournment the National Football League's Denver Broncos, Darrant Williams.
These minutes approved by the Fort Worth City Council on the 18,h day of
January, 2007.
Attest: Approved:
Marty Hen ix ichael J. loncrie
'or
City Secretary Mayor