HomeMy WebLinkAbout2005/08/09-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
Present
Mike Moncrief, Mayor
Chuck Silcox, Mayor Pro tem, District 3
Salvador Espino, District 2
Becky Haskin, District 4
Donavan Wheatfall, District 5
Jungus Jordan, District 6
Carter Burdette, District 7
Kathleen Hicks, District 8
Wendy Davis, District 9
City Staff
Charles Boswell, City Manager
Gerald Pruitt, Deputy 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 7:07 p.m. on Tuesday, August 9, 2005, 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 Pastor Ewell Humphreys, Ryanwood Baptist
Invocation Church.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox,
Approval of the minutes of the regular meeting of August 4, 2005 were approved
Minutes unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Ms. Victoria Powell, Reggio Emilia Chair for Fort Worth Sister Cities
Special International, introduced members of the 2005 "Olimpiad del Tricolore" Fort
Presentations Worth/USA Sports Team.
Agenda Item VI Council Member Espino expressed appreciation to everyone who participated
Announcements in the 7th Annual Hispanic Wellness Fair on August 6, 2005 at the Will Rogers
Memorial Coliseum. He added that there were over 15,000 participants who
received free health screenings and expressed appreciation to the University of
North Texas Health Science Center for conducting the wellness fair, and to
Harris Methodist Hospital, Baylor All Saints Hospital, Cook's Children's
Hospital, and Tarrant County Public Health for their participation. He also
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 2 of 19
stated that City staff was well represented and thanked them for their support to
this event. Council Member Espino also announced that the Riverside Alliance,
which comprised neighborhoods from Districts 2, 4 and 8 would conduct their
10th Anniversary Celebration on August 11, 2005, at 6:00 p.m. at Faith United
Methodist Church, 3419 Belknap Street, and encouraged everyone to attend the
celebration.
Council Member Jordan announced that on August 5, 2005, he attended the
graduation ceremony of the Fort Worth Police Academy. He stated that 33 men
and women became Fort Worth police officers and congratulated them on this
achievement.
Council Member Wheatfall invited everyone to attend the first Annual Stop 6
Unity Concert and Barbeque Cookoff on August 20, 2005, at the Rosedale
Plaza Park. He added that the winner of the cookoff would receive $500.00 and
that the concert would start at 12:00 Noon and end at 4:00 p.m.
Council Member Hicks expressed condolences to the family and friends of the
four students who were killed over the weekend.
Mayor Moncrief stated that the City Council meeting would be adjourned this
evening in memory of the students.
Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos.
Withdrawn from G-14878 and C-20894 be withdrawn from the consent agenda.
Consent Agenda
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No.
Continued/ C-20889 be withdrawn and that C-20894 be continued for one week.
Withdrawn By
Staff
Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member
Consent Agenda Davis, 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-1503 M&C OCS-1503 - 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.
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REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
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G-14879 M&C G-14879 — Retaining Shawn A. Orme of the law firm of Jenkens &
Res. #3240-08- Gilchrist as outside counsel pursuant to Chapter VI, Section 3 of the City
2005 Charter to assist the City Attorney with legal issues regarding the City's
Employ Shawn A. employment-related immigration matters, including but not limited to
Orme of Jenkens applications for H-1 visas to the United States Citizenship and Immigration
& Gilchrist Services; and adopting Resolution No. 3240-08-2005 fixing in advance, as far
as practicable, the amount to be paid to Jenkens & Gilchrist in an amount not to
exceed $25,000.00.
G-14480 M&C G-14880 — Adopting Ordinance No. 16539-08-2005 amending the Code
Ord. #16539-08- of the City of Fort Worth, Texas (1986), as amended, by amending Chapter 22
2005 "Motor Vehicles and Traffic", Article I, "In General", Section 22-1,
Amend Chapter "Definitions", to change the definitions of"Junked Vehicle" and "Vehicle"; by
22 of City Code, amending Chapter 22 "Motor Vehicles and Traffic", Article IX, "Abandoned
Abandoned and and Junked Vehicles", Division 2, "Junked Vehicles", to change Section 22-
Junked Vehicles 303, "Junked Vehicles Declared to be a Public Nuisance; Adoption of
Procedures for Abatement and Removal" to provide the junked vehicle is a
public nuisance if visible at any time of year from a public place; to add Section
22-303.1, "Meaning of the Terms `Inoperable', `Wrecked', and `Dismantled or
Partially Dismantled", when used in the definition of junked vehicle, to defined
said terms when used in the definition of junked vehicle; to add Section 22-
304.1, "Relocation of Junked Vehicle After Abatement Proceeding Has
Commenced" to provide that relocating the junked vehicle public nuisance to a
new location in the City once an abatement proceeding has commenced has no
effect on the proceeding if the vehicle constitutes a public nuisance at the new
location; to change Section 22-305, "Hearing", Subsection (b) to provide for a
hearing continuance of up to 60 days; to change Section 22-311, "Criminal
Complaint", to make it an offense to maintain a public nuisance described by
Section 22-303(a), and to make said offense punishable by a fine not to exceed
two hundred dollars; to change Section 22-312, "Order of Abatement Upon
Conviction", to provide that when a person is convicted of violating Section 22-
311, the court shall order abatement of the nuisance.
G-14881 M&C G-14881 — Declaring the necessity of taking an interest in a portion of
Negotiate/ land in the William Russell Survey, Abstract No. 151, Tarrant County, Texas;
Condemn authorizing Real Property Services to negotiate an agreement, and if needed, to
Permanent Water condemn one permanent water main easement and one temporary construction
Main Easement & easement across property owned by T.A. Huston, located in west Fort Worth
Temporary (DOE 4393); and authorizing the City Manager to institute condemnation
Construction proceedings to acquire the interest in the land if the negotiations fail to reach an
Easement agreement.
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REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
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G-14882 M&C G-14882 — Declaring the necessity of taking an interest in a portion of
Negotiate/ land in the William Russell Survey, Abstract No. 151, Tarrant County, Texas;
Condemn Water authorizing Real Property Services to negotiate an agreement, and if needed, to
Main Easement & condemn one permanent water main easement and two temporary construction
Temporary easements across property owned by 7M Land Partners, Ltd., located in west
Construction Fort Worth (DOE 4393); and authorizing the City Manager to institute
Easements condemnation proceedings to acquire the interest in the land if the negotiations
fail to reach an agreement.
P-10202 M&C P-10202 — Authorizing a purchase agreement for security assessment of
Security the computer network environment with Thoth Solutions, Inc., for the
Assessment of Information Technology Solutions Department for an estimated amount of
Computer $49,470.00.
Network
Environment
P-10203 M&C P-10203 — Authorizing a purchase agreement for a network monitoring
Network external assessment subscription for the City's computer infrastructure with
Monitoring Solutionary, Inc., for the Information Technology Solutions Department for an
External estimated first year cost of$24,000.00; and authorizing the agreement to begin
Assessment August 23, 2005, and expire August 22, 2006, with options to renew for two
Subscription additional one-year periods.
P-10204 M&C P-10204 — Authorizing a purchase agreement for heating, ventilation and
Heating, air conditioning filters with AAF International and Tex Air Filter
Ventilation and Manufacturing Co., for the City of Fort Worth based on best value, with
Air Conditioning payment due 30 days from date of invoice; authorizing the agreement to begin
Filters August 9, 2005 and expire August 8, 2006, with options to renew for three
additional one-year periods; and authorizing the City Manager to execute
Interlocal Agreements allowing other public entities to participate in this bid
award in accordance with the Local Government Code, Section 271.102,
"Cooperative Purchasing Program".
P-10205 M&C P-10205 — Authorizing a purchase agreement for original equipment
Heating, manufacturer Trane heating, ventilation and air conditioning parts and units
Ventilation and with Texas Trane for the City of Fort Worth on best value with payment due
Air Conditioning within 30 days from invoice date; authorizing the agreement to begin August 9,
Parts and Units 2005 and expire August 8, 2006, with options to renew for four additional one-
year periods; and authorizing the City Manager to execute Interlocal
Agreements allowing other public entities to participate in this bid award in
accordance with the Local Government Code, Section 271.102, "Cooperative
Purchasing Program".
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REGULAR CITY COUNCIL MEETING
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P-10206 M&C P-10206 —Authorizing a purchase agreement to provide irrigation system
Irrigation System maintenance at Interstate 30/Interstate 35W with Phillip Lawn Sprinkler
Maintenance Company for the Parks and Community Services Department based on overall
low bid received, with payments due 30 days from date of invoice; and
authorizing the agreement to begin on August 9, 2005 and expire August 8,
2005.
P-10207 M&C P-10207 — Authorizing the purchase of video communication
Video transceivers from Global Microwave Systems for the Police Department, for a
Communication cost not to exceed $102,369.50 with payment due within 30 days of the date of
Transceivers invoice.
P-10208 M&C P-10208 — Authorizing a sole source purchase for a Leica FS C
Leica FS C Comparison Macroscope and Accessories with Meyer Instruments for the
Comparison Police Department, Forensic Laboratory Division, for an amount not to exceed
Macroscope and $65,519.00. The shipping cost will be prepaid and added to the invoice with
Accessories payments due 30 days after date of invoice.
PZ-2605 M&C PZ-2605 — Adopting Ordinance No. 16540-08-2005 vacating three
Ord. #16540-08- sections of right of way located on Hickman Road and Sweet Pea Road
2005 adjacent to IH 820 W. Frontage Road, Fort Worth, Tarrant County Texas (VA-
Right-of-Way 05-007— Street Right-of-Way Vacation).
Vacations on
Hickman Road &
Sweet Pea Road
(VA-05-007)
C-20893 M&C C-20893 — Executing a Public Right-of-Way Use Agreement with BSG
BSG Pipeline, Ltd. Pipeline, Ltd., that grants BSG license to use a certain public right-of-way of
the City of Fort Worth for the purpose of constructing, maintaining and
operating a natural gas pipeline.
C-20895 M&C C-20895 —Entering into an Encroachment Agreement with XTO Energy,
XTO Energy, Inc. Inc., authorizing use of the right-of-way for underground conduits in West 6th
Street and in Houston Street.
C-20896 M&C C-20896 — Executing Amendment No. 1 to the Advance Funding
Texas Department Agreement with the Texas Department of Transportation for the replacement of
of Transportation the East First Street Bridge over the Trinity River, the replacement of the South
Pipeline Road Bridge over a tributary of the West Fork of the Trinity River and
the replacement of the Chapin Road Bridge over Santa Clara Channel.
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REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
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C-20897 M&C C-20897 — Executing a contract with William J. Schultz, Inc., d/b/a
William J. Schultz, Circle "C" Construction Company in the amount of $907,765.00 for Sewer
Inc., d/b/a Circle Main Replacements Contract 2005A(MSR2005A).
"C" Construction
C-20898 M&C C-20898 —Executing Change Order No. 3 to City Secretary Contract No.
Change Order#3 31207 with T. J. Lambrecht Construction, Inc., Texas, in the amount of
to CSC #31207— $66,769.00 for the Alliance Airport Runway Extension Project, Early
T.J. Lambrecht Earthwork Package, Phase I11, thereby increasing the contract amount to
Construction, Inc., $6,206,413.20.
Texas
C-20899 M&C C-20899 — Authorizing the transfer of $266,944.50 from the Water and
Ord. #16541-08- Sewer Operating Fund to the Water Capital Project Fund in the amount of
2005 $226,931.00 and Sewer Capital Project Fund in the amount of$40,013.50; and
Peachtree adopting Appropriation Ordinance No. 16541-08-2005 increasing estimated
Construction, Ltd. receipts and appropriations in the Water Capital Project Fund in the amount or
$226,931.00 and the Sewer Capital Project Fund in the amount of $40,013.50
from available funds for the purpose of funding a contract with Peachtree
Construction, Ltd., for HMAC Surface Overlay 2005-18 at various locations;
and executing a contract with Peachtree Construction, Ltd., in the amount of
$476,757.00 for 110 working days for HMAC Surface Overlay 2005-18 at
various locations.
C-20900 M&C C-20900 — Authorizing the transfer from the Water and Sewer Operating
Ord. #16542-08- Fund to the Water Capital Project Fund in the amount of$400,000.00; adopting
2005 Appropriation Ordinance No. 16542-08-2005 increasing estimated receipts and
Westhill appropriations in the Water Capital Project Fund in the amount of$400,000.00
Construction, Inc. from available funds for the purpose of funding the execution of a renewal of a
contract with Westhill Construction, Inc., for Utility Cut Repair Contract 2005
(M&C C-20662, City Secretary Contract No. 31859); and executing the second
renewal of a contract with Westhill Construction, Inc., in the total sum amount
of $400,000.00, 365 calendar days for Utility Cut Repair Contract 2005
revising the total contract to $1,200,000.00.
C-20901 M&C C-20901 — Executing a contract with Holloman Corporation in the
Holloman amount of$987,285.00 for Walsh Ranch Water Main Extension, Phase 1, Unit
Corporation 4 (City Project No. 00218)
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REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 7 of 19
C-20902 M&C C-20902 — Authorizing the transfer of $190,010.00 from the Water and
Ord. #16543-08- Sewer Operating Fund to the Water Capital Project Fund in the amount of
2005 $111,263.00 and Sewer Capital Project Fund in the amount of $78,747.00;
Lockwood, adopting Appropriation Ordinance No. 16543-08-2005 increasing estimated
Andrews & receipts and appropriations in the Water Capital Project Fund in the amount of
Newnam, Inc. $111,263.00 and the Sewer Capital Project Funds in the amount of $78,747.00
from available funds for the purpose of funding an engineering agreement with
Lockwood, Andrews & Newnam, Inc., for Water and Sanitary Sewer
Replacement Contract 2004 WSM-L; and executing an engineering agreement
with Lockwood, Andrews & Newnam, Inc., in the amount of $159,249.00 for
Water and Sanitary Sewer Replacement Contract 2004 WSM-L.
The motion carried. End of Consent Agenda.
Agenda Item X City Secretary Hendrix introduced an ordinance on first reading setting forth an
Introduction of itemized estimate of the expense of conducting each department, division and
Budget office of the Municipal Government of the City of Fort Worth for the ensuing
Appropriation Fiscal Year beginning October 1, 2005, and ending September 30, 2006, and
Ordinance for appropriating money for the various funds and purpose of such estimate;
Fiscal Year 2005- appropriating money to pay interest and principal sinking fund requirement on
2006 all outstanding general indebtedness, providing for public hearings upon this
ordinance before the entire City Council sitting as a committee of the whole,
and providing a savings clause for the repeal of all ordinances and
appropriations in conflict with the provisions of this ordinance; and for the
publication and final passage thereof.
Mayor Moncrief stated that Council action was not necessary at this time and
that the item would remain open until adoption of the budget.
Item XI City Secretary Hendrix introduced an ordinance providing for the levy and
Introduction of collection of an annual ad valorem tax on all property, real, personal and mixed,
Fiscal Year 2005- situated within the territorial limits of the City of Fort Worth, Texas, and all
2006 Ad Valorem personal property owned in said City of Fort Worth, Texas, on the first day of
Tax Ordinance January, A.D. 2005, except such property as may be exempt from taxation by
the Constitution and laws of the State of Texas.
Mayor Moncrief stated that Council action was not necessary at this time and
that the item would remain open until adoption of the tax rate.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 8 of 19
Agenda Item XII Mayor Moncrief requested Council consideration to appoint Salvador Espino,
Presentations by Jr. to the Youth Advisory Board. Council Member Davis made a motion,
City Council seconded by Council Member Wheatfall, that Salvador Espino, Jr. be appointed
to the Youth Advisory Board effective August 9, 2005. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Introduction of Mayor Moncrief introduced a resolution adopting amended Rules of Procedures
Resolution of the City Council of the City of Fort Worth.
Amending City
Council Rules of Mayor Moncrief stated that Council action was not necessary at this time and
Procedures that the Council had discussed this issue at length during the Pre-Council work
session.
Agenda Item XIII There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
G-14878 There was presented Mayor and Council Communication No G-14878 from the
Condemnation of City Manager recommending that the City Council declare the necessity of
1058 Evans Ave. taking a parcel of land located at 1058 Evans Avenue owned by the near
for Public Library Southeast Community Development Corporation for the construction of a
public library; and authorize the City Attorney to institute condemnation
proceedings to acquire the fee interest in the property. Council Member Hicks
made a motion, seconded by Council Member Wheatfall, that Mayor and
Council Communication No. G-14848 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
G-14883 There was presented Mayor and Council Communication No. G-14883 from
Appointments to the City Manager recommending that the City Council authorize the City
Construction and Manager to appoint the following individuals to the Construction and Fire
Fire Prevention Prevention Board of Appeals effective August 9, 2005 and with terms expiring
Board of Appeals as indicated:
Place 2: Engineer
Mr. Gordan Pritchard Expiring: October 1, 2006
Place 9: Master Plumber
Mr. Grady Kane Expiring: October 1, 2005
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 9 of 19
Council Member Wheatfall made a motion, seconded by Council Member
Haskin, that the recommendation be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-14884 There was presented Mayor and Council Communication No. G-14884 from
Amend CCPD the City Manager recommending that the City Council authorize the City
Budget for Police Manager to submit to the Crime Control and Prevention District(CCPD) Board
Dept. Equipment of Directors an amendment of$381,427.00 to the FY 2004-05 CCPD budget to
fund equipment for the Police Department. Mayor Pro tem Silcox made a
motion, seconded by Council Member Burdette, that the recommendation be
adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
L-14124 It appeared that the City Council set today as the date for a public hearing to
Public Hearing authorize conversion of Z Boaz Park South for the subsurface drilling and
Conversion of Z extraction of gas. Mayor Moncrief opened the public hearing and asked if there
Boaz Park South was anyone present desiring to be heard.
Mr. Harold Pitchford, Acting Parks and Community Services Assistant
Director, appeared before Council, gave a staff report, and called attention to
Mayor and Council Communication No. L-14124 as follows:
There was presented Mayor and Council Communication No. L-14124 from the
City Manager recommending that the City Council conduct a public hearing
under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands; find that no feasible or
prudent alternative exists to drilling and extracting gas from underneath this
park site; find that the proposed conversion includes all reasonable planning to
minimize harm to the parkland; and close the public hearing and authorize the
City Manager to convert the dedicated parkland for subsurface drilling and
extraction of natural gas from land situated in Z Boaz Park South, located in the
B.J. Foster Survey, Abstract No. 520, Blocks 1, 2 and 3, Tarrant County, Texas.
Mayor Pro tem Silcox asked Mr. Pitchford where the well would be located on
the park.
(Council Member Hicks stepped away from the dais.)
Mr. Pitchford stated that no information had been received indicating where the
well site would be located.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 10 of 19
Mayor Pro tem Silcox expressed concern with the decibel level and the type of
noise generated by drilling equipment. He requested that staff review the
drilling ordinance to re-evaluate restrictions relative to drilling near residential
areas.
There being no one present desiring to be heard in connection with the public
hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member
Espino, that the public hearing be closed and Mayor and Council
Communication No. L-14124 be adopted. The motion carried unanimously
eight(8) ayes to zero (0) nays, and with Council Member Hicks absent.
C-20889 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. C-20889, Adopt Ordinance to Designate Fort Worth
Neighborhood Empowerment Reinvestment Zone Number 27 and Authorize
Entering Tax Abatement Agreement with HCCO Camp Bowie, LLC, for
Property Located at 3825 Camp Bowie Boulevard in the Ridglea Village/Como
Neighborhood Empowerment Zone, be withdrawn.
C-20894 It was the consensus of the City Council that Mayor and Council
Continued for One Communication No. C-20894, Authorize Execution of a Public Right-of-Way
Week Use Agreement Granting West Fork Pipeline Company, LP, a License to Use
Certain Public Right-of-Way for the Purpose of Constructing, Maintaining and
Operating a Natural Gas Pipeline, be continued for one week, to the August 16,
2005 Council meeting.
Item XVI It appeared that the City Council set today as the date for a hearing in
Budget Hearing connection with the proposed Fiscal Year 2005-2006 Appropriation Ordinance
and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the hearing
and asked if there was anyone present desiring to be heard.
There being no one present desiring to be heard, Mayor Moncrief stated that the
public hearing would remain open until final adoption of the subject
ordinances.
AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL
Regular Zoning It appeared to the City Council that Resolution No. 3234-07-2005 was adopted
Hearing on July 19, 2005 setting 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
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 11 of 19
Recorder, the official newspaper of the City of Fort Worth, on July 21, 2005.
Mayor Moncrief opened the public hearing and asked if there was anyone
present desiring to be heard.
(Council Member Hicks returned to her chair at the dais.)
SP-05-017 Council Member Haskin inquired about the replanting of trees at this location.
Approved
Rick Horn Mr. Rick Horn, 6000 Western Place, the applicant and representing Pate
Engineers, appeared before Council in support of the zoning change. He
advised that there had been no discussion in regard to the replanting of trees at
this property, but that it was an issue that should be considered. He proposed
that two trees per lot with a minimum caliper of three inches, or 1'/z inches per
tree, be added as a requirement to the site plan. He added that this would add
approximately a total of 432 trees to the development.
Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox,
that the application of the Mallick Group, for a site plan of property located at
1300 Glen Garden Drive for a Single Family Development, Site Plan No. SP-
05-017 be approved by amending the site plan to include the requirement of
two trees per lot, with a minimum caliper of 1'/z inches. The motion carried
unanimously nine (9) ayes to zero (0) nays.
SP-05-021 Council Member Haskin stated that the need for 40-foot lots in a development
Approved out in the middle of nowhere, was questionable. She stated that she would not
support this rezoning.
Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox,
that the application of Chapel Hill Venture, for a site plan of property located
west of Business Highway 287 and south of Bonds Ranch Road for a Single
Family Development, Site Plan No. SP-05-021 be approved. The motion
carried eight (8) ayes to one (1) nay, with Council Member Haskin casting the
descending vote.
ZC-05-115 Council Member Haskin stated that 40-foot lots increased the potential of
Continued for One apartments being constructed on the property within a one-mile radius to 8,527
Week apartments. She stated that she would not support this rezoning.
Council Member Davis asked why the zoning was being shifted from "F"
General Commercial to"C" Medium Density Multi-Family.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 12 of 19
Thomas John Mr. Thomas John, 17090 Dallas Parkway, Dallas, Texas, the applicant,
appeared before Council in support of the rezoning. He stated that the zoning
change was to clean up a certain portion of the area based on the proposed
development. He added that it was their intent not to have multi-family
dwellings but single-family units and to extend the residential zoning into the
commercial property.
Council Member Davis asked Bob Riley, Development Department Director, if
there was a less intense zoning possible for this location that would allow 40-
foot lots.
Mr. Riley stated that the property could be rezoned to"R-l" Townhouse.
Council Member Davis advised Mr. Thomas that the concern with the rezoning
was that if the zoning were approved and then an applicant decided not to build
what they had intended in the area, that someone else could come in and build
whatever they wanted on the property. She inquired if he considered "R-l"
zoning.
Mr. Thomas stated that most of the property was designated as "C" Medium
Density Multi-Family and thought that it would be easier to extend that zoning.
Council Member Burdette made a motion, seconded by Council Member Davis,
that the application of 820/30 Interchange, for a change in zoning of property
located in the 9800 Block of West Point Boulevard from "C" Medium Density
Multi Family; "E" Neighborhood Commercial and "F" General Commercial to
(Tract 1) "A-5" One-Family Residential; (Tract II) "C" — Medium Density
Multi Family; (Tract III) "E" Neighborhood Commercial; and (Tract IV) "F"
General Commercial, Zoning Docket No. ZC-05-115 be continued for one
week. The motion carried eight (8) ayes to one (1) nay, with Council Member
Haskin casting the descending vote.
ZC-05-116 Council Member Haskin made a motion, seconded by Council Member Davis,
Approved that the application of Walter F. Meyerstein & Louis Diego Ricci, for a change
in zoning of property located in the 7000 Block of John T. White Road from
"C" Medium Density Multi Family to "A-5" One-Family Residential, Zoning
Docket No. ZC-05-116 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
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AUGUST 9, 2005
PAGE 13 of 19
ZC-05-118 Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox,
Approved that the application of Linda L. Atkins for a change in zoning of property
located at 2608 Vaughn Avenue from "E-R" Neighborhood Commercial
Restricted to "A-5" One-Family Residential, Zoning Docket No. ZC-05-118 be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-05-119 Council Member Jordan made a motion, seconded by Council Member Davis,
SP-05-029 that the application of Michael W. Conley & Anthony L. Conley for a change
Approved in zoning of property located at 9308 & 9312 Parkview Drive from "F-R"
General Commercial Restricted to "PD/SU" Planned Development/Specific
Use for all uses in "F-R" General Commercial Restricted, plus outdoor storage
of commercial vehicles with lawn trailers, and site plan required, Zoning
Docket No. ZC-05-119 and Site Plan No. SP-05-029 be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
ZC-05-120 Mr. Donald A. Watson, 3240 Regaon Drive, appeared before Council in
Continued for One opposition of the zoning change. He stated that residents in the neighborhood
Week were opposed to the rezoning and submitted a petition containing 18 signatures
Donald Watson in opposition to the zoning change.
Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
that the application of Jerry Simons & Johnny Clark et.al., for a change in
zoning of property located at 3213, 3217, 3221, 3225, 3229, and 3233 Reagan
Drive from "A-5" One-Family Residential to "PD/SU" Planned
Development/Specific Use for all uses in "I" Light Industrial and site plan
required (SP-05-030 continued by the City Zoning Commission), Zoning
Docket No. ZC-02-120 be continued for one week. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-05-122 Council Member Espino made a motion, seconded by Mayor Pro tem Silcox,
SP-05-031 that the application of Rosario Garcia for a change in zoning of property located
Approved at 2118 N.E. 28th Street and 2112 Salisbury Avenue from "A-5" One-Family
Residential and "E" Neighborhood Commercial to "PD/SU" Planned
Development/Specific Use for all uses in "E" Neighborhood Commercial plus
rental hall for private functions and auxiliary parking, Zoning Docket No. ZC-
05-122 and Site Plan No. SP-05-031 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-05-124 Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
SP-05-033 that the application of Jack Hicks, et. al, for a change in zoning of property
Approved located in the 8001 Block of Oakmont Boulevard from "F" General
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REGULAR CITY COUNCIL MEETING
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PAGE 14 of 19
Commercial to "PD/SU" Planned Development/Specific Use for all uses in "R-
2" Townhouse Cluster/Residential and site plan required, Zoning Docket No.
ZC-05-124 and Site Plan No. SP-05-033 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-05-126 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox,
Approved that the application of the City of Fort Worth for a change in zoning of property
located at 1100 Mayfield Street from "A-5/HC" One-Family Residential/
Historical Cultural to "A-5" One-Family Residential, Zoning Docket No. ZC-
05-126 be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
ZC-05-127 Council Member Davis made a motion, seconded by Council Member Jordan,
Approved that the application of Wide Open Spaces LTD, for a change in zoning of
property located at 761 Samuels Avenue from "D/DD" High Density Multi
Family Residential/Demolition Delay to "D" High Density Multi Family
Residential, Zoning Docket No. ZC-05-127 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-05-128 Council Member Davis made a motion, seconded by Council Member Burdette,
Approved that the application of Pier 1-FTW, Inc., for a change in zoning of property
located at 100 Pier One Place from "H/DD" Central Business District/
Demolition Delay to "H" Central Business District Residential, Zoning Docket
No. ZC-05-128 be approved. The motion carried unanimously nine (9) ayes to
zero (0) nays.
ZC-05-129 Ms. Sharon Armstrong and Mr. Louis Armstrong, 4605 Virgil Street, appeared
Approved before Council in support of the zoning change. However, they stated that they
Sharon owned property at 2802 Dillard and wanted this property to retain its current
Armstrong, zoning and not be considered in the rezoning effort. Ms. Armstrong added a lot
Louis Armstrong of the housing stock in the area was over 50 years old and was comprised of
over 60 percent senior citizens. She further stated that no compassion was
being given the senior citizens and stated she had a petition signed by 260
seniors opposing the zoning change. Mr. Armstrong stated that most of the
residents were not opposed to the vacant lots being rezoned; however, they
wanted their property to not be changed.
The following individuals appeared before Council in opposition of the zoning
change and requested their property retain its current zoning:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 15 of 19
Rev. Cecil Tutt, Reverend Cecil Tutt, Sr. 5000 Turner Street
Sr., Mr. Timothy E. Sims 2817 Walker Street
Timothy Sims
Regina Blair Ms. Regina J. Blair, 2701 Lena Street, representing the Stop 6 Sunrise
Association, appeared before Council in support of the rezoning. She outlined
several goals of the community and narrated a slide presentation of various
properties in the area. She stated that the neighborhood needed quality
economic development and requested that the Council approve the rezoning in
its entirety.
The following individuals appeared before Council in support of the zoning
change. They stated they would like to see development and revitalization of
the Sunrise Addition with family housing ownership.
Holley Wilcox, Ms. Holley Taylor Wilcox 4915 Geddes Avenue
Zella Taylor, Ms. Zella Lue Taylor 5108 Turner Street
Elvis Edwards Pastor Elvis Edwards 8205 Carol
Mr. Bob Riley, Development Department Director, advised the Council of
various residential properties whose owners indicated they did not wish to be
rezoned. He added that under State law, if residents oppose the rezoning, a
three-forth majority vote of the Council was required to rezone.
Council Member Davis commended the neighborhood on their presentation and
expressed appreciation for their hard work and that of Council Member
Wheatfall. She also expressed appreciation to the Planning Department and to
Dana Burghdoff, Planning Department Assistant Director, for their hard work.
Council Member Hicks applauded this rezoning effort and outlined enhanced
property development in other areas of the City as a result of rezoning.
Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox,
that the application of the City of Fort Worth for a change in zoning of various
addresses from "A-5", A-10", "A-21" One-Family Residential; "B" Two-
Family Residential; "E" Neighborhood Commercial; "F-R" General
Commercial Restricted; "F" General Commercial; and "I" Light Industrial to
"A-5", A-7.5" One-Family Residential and "CF" Community Facilities, Zoning
Docket No. ZC-05-129 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 16 of 19
ZC-05-130 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox,
Approved that the application of Virginia M. and William D. Jensen for a change in
zoning of property located at 2001 Pembroke Drive from "A-5" One-Family
Residential to "A-5/HC" One-Family Residential/Historical Cultural, Zoning
Docket No. ZC-05-130 be approved. The motion carried unanimously nine (9)
ayes to zero (0) nays.
(Council Members Espino and Wheatfall stepped away from the dais.)
ZC-05-044 It appeared that the City Council set today as the date for a hearing for Zoning
Ord. #16544-08- Docket No. ZC-05-044, Text Amendment, concerning Expansion of Downtown
2005 Urban Design District. Mayor Moncrief opened the public hearing and asked if
Text Amendment 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 Davis made a motion, seconded by Mayor Pro
tem Silcox, that the Zoning Hearing be closed and Zoning Docket No. ZC-05-
044 be approved and the following ordinance be adopted:
ORDINANCE NO. 16544 -08-2005
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED,
CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH, BY AMENDING ARTICLE 12 "URBAN DESIGN DISTRICTS",
OF CHAPTER 4, "DISTRICT REGULATIONS" TO AMEND SECTION
4.120013 `BOUNDARIES OF URBAN DESIGN DISTRICT DOWNTOWN"
TO INCREASE THE BOUNDARIES OF THE URBAN DESIGN DISTRICT
TO INCLUDE FOREST PARK BOULEVARD AND THE CLEAR FORK OF
THE TRINITY RIVER TO THE WEST, TO AN ALIGNMENT WITH
GOUNAH AND PHARR STREETS TO THE NORTH; TO THE RIGHT OF
WAY LINE OF THE T&P RAILROAD TRACT ON THE EAST, AND
SOUTH GENERALLY ALONG THE T&P RAILROAD TRACK TO AND
FOLLOWING INTERSTATE HIGHWAY 30; TO AMEND THE
DOWNTOWN URBAN DESIGN STANDARDS TO ADDRESS BUILDING
SETBACKS, POLE SIGNS ALONG INTERSTATE HIGHWAYS 30 AND
35, AND TO ADD THE SUNSET TERRACE RESIDENTIAL
NEIGHBORHOOD AS A SPECIAL VIEW AREA; TO AMEND SECTION
4.1200, "DOWNTOWN URBAN DESIGN STANDARDS ADOPTED" TO
ESTABLISH DESIGN STANDARDS FOR THE INCREASED DISTRICT
BOUNDARY INCLUDED IN THE DOWNTOWN URBAN DESIGN
DISTRICT
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 17 of 19
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Members Espino and Wheatfall absent.
Council Member Davis recognized Melissa Dailey, representing Downtown
Fort Worth, Inc., for her efforts and commended the Planning Department for
all their work.
(Council Member Espino returned to his chair at the dais.)
AGENDA ITEM XVIIB — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL/DENIAL
ZC-05-101A Council Member Davis made a motion, seconded by Mayor Pro tem Silcox,
Approved/Denied that the application of the City of Fort Worth for a change in zoning of property
located at 1223 Washington Avenue, 1100, 1101 6th Avenue, and 1111
Fairmount Avenue, Zoning Docket No. ZC-05-101A, be approved/denied as
follows:
Recommended for Approval
1223 Washington Avenue: from "G" Intensive Commercial and "MU-1" Low
Intensity Mixed Use to "PD/SU" Planned Development/Specific Use for all
uses in "MU-1" Low Intensity Mixed Use and waiver of site plan
recommended.
Recommended for Denial
1100, 1101 6th Avenue, and 1111 Fairmount Avenue: from "G" Intensive
Commercial to "PD/SU" Planned Development/Specific Use for all uses in
"MU-1" Low Intensity Mixed Use and waiver of site plan recommended, with
the exception of the southernmost 50 feet of 1100 6th Avenue, Lot 10R, which
will be approved for "PD/SU" Planned Development/Specific Use for all uses
in"MU-1" Low Intensity Mixed Use and waiver of site plan recommended
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Wheatfall being absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9, 2005
PAGE 18 of 19
AGENDA ITEM XVIIC—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL
ZC-05-123 Mr. Christopher R. Bonilla, 3204 S. Main Street, representing the applicant,
SP-05-032 appeared before Council in opposition of the City Zoning Commission's denial
Denied of the zoning request and asked that the City Council set the zoning case for a
Christopher special hearing. He added that he would introduce new information pertinent to
Bonilla the zoning case to include a report by a group of tenured professionals.
(Council Member Hicks stepped away from the dais.)
Andy Bradshaw Mr. Andy Bradshaw, 6448 Rosemont Avenue, President of the Ridglea North
Neighborhood Association, appeared before Council in opposition of the
zoning change. He opposed the zoning case being set for a special hearing and
stated the zoning change would negatively impact the neighborhood. He
further stated that there was a significant traffic problem on Calmont Avenue
already and did not need any more congestion.
(Council Members Wheatfall and Hicks returned to their chairs at the dais.)
Robin Heim Ms. Robin Heim, 6340 Malvey Avenue, appeared before Council in opposition
of the zoning change. She stated that she owned a home adjacent to the
property and advised the Council of the negative impact the rezoning would
have on her property. She requested that Council deny the zoning change.
Mayor Pro tem Silcox stated that he did not agree with placing a commercial
development in an established residential area and would not support the
rezoning.
Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
that the application of Janet Dalton for a change in zoning of property located at
6345 Calmont Avenue from "A-5" One-Family Residential to "PD/SU"
Planned Development/Specific Use for all uses in "A-5" One-Family
Residential, plus Professional Office and site plan required, Zoning Docket No.
ZC-05-123 and Site Plan No. SP-05-032, be denied. 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,
Mayor Pro tem Silcox made a motion, seconded by Council Member Davis,
that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 9,2005
PAGE 19 of 19
ORDINANCE NO. 16545-08-2005
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.
Item XVIII Mr. Magdaleno Vides, 4705 Spring Lake Parkway, Mansfield, Texas, appeared
Citizen before Council relative to his purchase of vacant lots at the courthouse in June
Presentations and July 2005. He stated that the City had placed weed and demolition liens
Magdaleno Vides against the properties and requested the City release the liens.
Mayor Moncrief asked Mr. Magdaleno to meet with Deputy City Attorney
Gerald Pruitt after the Council meeting to resolve his concerns.
Kenneth Bowens Mr. Kenneth Bowens, 3718 Avenue J., appeared before Council relative to his
intent to become the Mayor of Fort Worth in 2011 to make Fort Worth a better
City.
Agenda Item XX There being no further business,the meeting was adjourned at 8:55 p.m.
Adjournment
These minutes approved by the Fort Worth City Council on the 16th day of
August,2005.
Attest: App ved:
Marty Hen ix Mich . Mo rief