HomeMy WebLinkAbout2005/10/18-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
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
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 10:31 a.m. on Tuesday, October 18, 2005, in the
City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102 with Council Members Haskin and Davis temporarily absent.
Agenda Item H The invocation was given by Reverend Stephen Henton, Rockwood Christian
Invocation Church.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
(Council Members Haskin and Davis assumed their chairs at the dais.)
Mayor Moncrief asked that a moment of silence be observed in honor of
Marshal A.D. "Knockfire" Marshall who passed on October 14, 2005. Mayor
Moncrief summarized Mr. Marshall's 52-year career with the City, beginning
when he joined the Police Department in 1952 and culminating with his
retirement as a deputy marshal in 2005.
Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox,
Approval of the minutes of the regular meeting of October 11, 2005, were approved
Minutes unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Council Member Haskin presented a Proclamation for Dental Hygiene Month,
Special to Ms. Nancy Garnett, Trustee of the Greater Fort Worth Dental Hygienist's
Presentations Society.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 2 of 20
Council Member Hicks presented a Proclamation for "Waves Across the
Nation" Caravan for Campaign to End AIDS Day, to Ms. Judith Dillard Health
Educator/Treatment Advocate and National Coordinator for"Waves Across the
Nation" Caravan for Campaign to End AIDS.
Mr. Red Steagall, invited the Council to attend the 15th Annual event of"The
Red Steagall Cowboy Gathering", October 21-23, 2005, in the Fort Worth
Stockyards. He stated that the annual event was being held to celebrate the
heritage, life, and values of the American cowboy. He expressed appreciation
to the downtown area and the City Council for their support of the event and
summarized the activities that would be conducted throughout the event. Mr.
Steagall added that there was a sidewalk on the North Side of the Stockyards
that contained 108 bronze plaques commemorating individuals who contributed
to the western way of life and that there would be inductions into the Texas
Trail of Fame.
Mr. Douglas Harman stated that the event stimulated the placement of the
plaques in the sidewalk. He added that it was a wonderful way to celebrate the
City's heritage and that the induction would begin at 9:00 a.m. with a breakfast,
followed by the induction ceremony at 10:00 a.m. He further stated that former
City Council Member Jim Lane would be honored as an inductee on October
22, 2005.
Agenda Item VI Mayor Moncrief extended congratulations to Council Member Sal and
Announcements Elizabeth Espino on the birth of their son, Daniel Enrique Espino, on October
15, 2005.
Council Member Haskin announced that Samaritan Housing had a very
successful fundraising event last weekend and expressed appreciation to her co-
chairs, Council Members Hicks and Davis. She stated that Universal Health
Care System also conducted a fundraiser and Chili Cook-off for Hospice. She
added that on October 22, 2005, an event sponsored by Chase Bank was held at
Meadowbrook Elementary School to build the school a playground. She stated
that eleven teen court kids participated in building the playground as part of
their community service and she expressed appreciation to Chase Bank, all the
teachers at the school, and everyone who helped with the playground for their
hard work.
Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No.
Withdrawn from C-21087 be withdrawn from the consent agenda.
Consent Agenda
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 3 of 20
Agenda Item VIII There were no items continued or withdrawn by the staff.
Continued/
Withdrawn By
Staff
Agenda Item IX Upon a motion made by Council Member Haskin, seconded by Council
Consent Agenda Member Espino, the Council voted nine (9) ayes to zero (0) nays to approve
and adopt all remaining items on the Consent Agenda as recommended and
amended as follows:
OCS-1518 M&C OCS-1518 - 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.
G-14962 M&C G-14962 — Authorizing the temporary closure of Haltom Road from
Temporary Street Conway Street to Wheeler Street for Sanitary Sewer Rehabilitation and
Closure for Improvements (DOE 4070) from September 22, 2005, until November 30,
Sanitary Sewer 2005.
Rehabilitation and
Improvements
G-14963 M&C G-14963 — Authorizing the temporary closure of Old Denton Road from
Temporary Street Golden Triangle Boulevard to Prestige Road for installation of a water line,
Closure for sanitary sewer line and required services (DOE 3311) from October 14, 2005,
Installation of until November 14, 2005.
Water Line,
Sanitary Sewer
Line and Required
Services
G-14964 M&C G-14964 — Adopting Appropriation Ordinance No. 16653-10-2005
Ord. No. 16653- increasing estimated receipts and appropriations in the Special Trust Fund,
10-2005 Municipal Court Technology Fund in the amount of $1,086,262.00 from
Integrated Case available funds for the purpose of funding the Integrated Case and Electronic
and Electronic Document Management System for the Municipal Court.
Document
Management
System for
Municipal Court
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 4 of 20
G-14965 M&C G-14965 — Accepting a $60,000.00 Routine Airport Maintenance Project
Ord. No. 16654- Grant for Fort Worth Alliance Airport from the Texas Department of
10-2005 Transportation Aviation Division; and adopting Appropriation Ordinance No.
Routine Airport 16654-10-2005 increasing estimated receipts and appropriations in the Airport
Maintenance Grants Fund in the amount of $60,000.00 contingent upon receipt of the
Project Grant for Routine Airport Maintenance Project Grant from the Texas Department of
Fort Worth Transportation for the purpose of funding routine maintenance items at Fort
Alliance Airport Worth Alliance Airport.
G-14966 M&C G-14966 — Accepting a $60,000.00 Routine Airport Maintenance Project
Ord. No. 16655- Grant for Fort Worth Meacham International Airport from the Texas
10-2005 Department of Transportation Aviation Division; authorizing the transfer of
Routine Airport $30,000.00 from the Municipal Airport Fund to the Airport Grants Fund for the
Maintenance City's match; and adopting Appropriation Ordinance No. 16655-10-2005
Project Grant for increasing estimated receipts and appropriations in the Airport Grants Fund in
Fort Worth the amount of $60,000.00 contingent upon receipt of the Routine Airport
Meacham Maintenance Project Grant from the Texas Department of Transportation for
International the purpose of funding routine maintenance items at Fort Worth Meacham
Airport International Airport.
G-14967 M&C G-14967 — Accepting a $60,000.00 Routine Airport Maintenance Project
Ord. No. 16656- Grant for Fort Worth Spinks Airport from the Texas Department of
10-2005 Transportation Aviation Division; authorizing the transfer of $30,000.00 from
Ord. No. 16657- escrow funds to revenue in the Municipal Airports Fund; adopting
10-2005 Supplemental Appropriation Ordinance No. 16656-10-2005 increasing
Routine Airport estimated receipts and appropriations in the Municipal Airports Fund in the
Maintenance amount of$30,000.00 from available escrow funds for the purpose of funding a
Project Grant for transfer to the Airport Grants Fund for the City's match of a grant with the
Fort Worth Spinks Texas Department of Transportation for airport upgrades at Spinks Airport;
Airport authorizing the transfer of$30,000.00 from the Municipal Airports Funds to the
Airports Grants Fund for the City's match; and adopting Appropriation
Ordinance No. 16657-10-2005 increasing estimated receipts and appropriations
in the Airport Grants Fund in the amount of$60,000.00 contingent upon receipt
of the Routine Airport Maintenance Project Grant from the Texas Department
of Transportation for the purpose of funding routine maintenance items at Fort
Worth Spinks Airport.
P-10254 M&C P-10254 — Authorizing the purchase of new dump truck beds from the
Ord. No. 16658- Texas Department of Criminal Justice for the Transportation/Public Works
10-2005 (T/PW) and Water Departments as listed below for a cost not to exceed
Dump Truck Beds $70,117.00, of which $36,606.00 will be obtained through the City's
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 5 of 20
Equipment Note Program*, with payment due within 30 days of the date of the
invoice; and
Description Unit Price
TDC Contract
1 ea. 10 yard dump bed with hydraulics and V-box $19,353.00
spreader attachment for T/PW.*
1 ea. 10 yard dump bed with hydraulics for T/PW.* $17,253.00
1 ea. 6 yard dump bed with hydraulics and Monroe $19,643.00
spreader attachment for T/PW.
1 ea. 10 yard dump bed for Water $13,868.00
Adopting Appropriation Ordinance No. 16658-10-2005 increasing receipts and
appropriations in the New Equipment Purchase Fund in the amount of
$36,606.00 to be obtained through the City's Equipment Note Program
approved on February 9, 1999, (M&C G-12462), by Ordinance No. 16582 for
the purpose of funding new dump truck beds from a Texas Department of
Criminal Justice Contract for the Transportation and Public Works and Water
Departments.
L-14138 M&C L-14138 — Approving the acquisition of one permanent waterline
Permanent easement and one temporary construction easement described as a portion of
Waterline the David Odum Survey, Abstract No. 1184, Tarrant County, Texas, from Dale
Easement and A. Heflin and Shelley K. Heflin for property located south of Cantrell Sansom
Temporary Road and west of I-35W in north Fort Worth (DOE 3637), necessary for the
Construction construction of the Northside II 48-inch Water Main extension project for
Easement $28,916.00 plus closing costs.
L-14139 M&C L-14139 — Approving the acquisition of one permanent sanitary sewer
Permanent easement and one temporary construction easement described as a portion of
Sanitary Sewer the William Welch Survey, Abstract No. 1668, Tarrant County, Texas, from
Line Easement Marbur Development, Inc., for property located in east Fort Worth required for
and Temporary the construction of the Main 244A Parallel Relief Sewer Project (DOE 3295)
Construction from U.S. 180 (Lancaster Avenue) to the Village Creek Wastewater Treatment
Easement Plant for a total cost of$9,200.00 plus closing costs.
L-14140 L-14140 — Approving the acceptance of a Special Warranty Deed for property
Special Warranty described as a portion of the David Strickland Survey, Abstract No. 1376,
Deed Tarrant County, Texas, from Waterview Estates, L.P., for property located east
of Loop 820 East and south of David Strickland Road in southeast Fort Worth
(DOE 4472) necessary for the construction, operation, maintenance and repair
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 6 of 20
of a sewer lift station to serve the proposed Waterfront at Enchanted Bay
Subdivision for a total cost of$10.00, plus estimated closing costs of$4,000.00,
which includes the cost of a title policy.
C-21084 M&C C-21084 — Authorizing the City Manager to execute a professional
ETC Institute services contract with the ETC Institute for the design, administration,
execution and analysis of a survey of Fort Worth citizens' attitudes, opinions
and preferences regarding the quality, desired quantity and priority of City
services, at a cost not to exceed $46,040.00.
C-21085 M&C C-21085 — Authorizing the City Manager to execute a Public Right-of-
Chief Oil and Gas, Way Use Agreement with Chief Oil and Gas, LLC (Chief Oil and Gas), that
LLC grants Chief Oil and Gas a license to use certain streets and public rights-of-
way of the City of Fort Worth for the purpose of constructing, maintaining and
operating a natural gas gathering system.
C-21086 M&C C-21086—Approving the proposed settlement in the lawsuit entitled City
Settlement of of Fort Worth v. Jud Cramer, Trustee, City of Fort Worth, Fort Worth
Claims in Lawsuit Independent School District and Tarrant County, Texas, Case No. 2004-
Entitled City of 025314-1 (DOE 4162), of the claims arising from the condemnation for a
Fort Worth v. Jud sanitary sewer easement described as A-719, Walter Houston Survey, Tarrant
Cramer, Trustee, County, Texas, across land owned by Jud Cramer, Trustee; and authorizing the
City of Fort appropriate City representatives to execute the documents necessary to
Worth, Fort complete the settlement.
Worth
Independent
School District
and Tarrant
County, Texas,
Case No.
2004-025314-1
C-21088 M&C C-21088 — Approving the acceptance of one Storm Water Facility
Hillwood Alliance Maintenance Agreement from Hillwood Alliance Residential, L.P., and the
Residential, L.P., Heritage Homeowner's Association for property located north of Shriver Road
and Heritage and east of North Beach Street in far north Fort Worth(DOE 4836).
Homeowner's
Association
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 7 of 20
C-21089 M&C C-21089 —Authorizing the City Manager to execute Change Order No. 1
Change Order No. to City Secretary Contract No. 32126 with All-Tex Paving, Inc., in the amount
1 to CSC No. of $125,968.40 for HMAC Surface Overlay 2005-10 at various locations,
32126—All-Tex thereby increasing the contract amount to $752,784.40.
Paving, Inc.
C-21090 M&C C-21090 — Authorizing the City Manager to enter into a 25-year pipeline
Burlington license agreement with Burlington Northern and Santa Fe Railway Company
Northern and for property located north of Western Center Boulevard and west of I-35W in
Santa Fe Railway far north Fort Worth (DOE 3637) for a one-time cost of $23,699.87, which
Company includes a $1,000.00 charge for participation in the licensor's blanket insurance
policy.
C-21091 M&C C-21091 — Authorizing approval of a five-year license agreement with
Kenneth A. Kenneth A. Hawkins, Janet L. Hawkins and Harry Adamson for specific use of
Hawkins, Janet L. a private water well located adjacent to and on the west boundary of 7316 Love
Hawkins and Circle (Lot 18, Block 15, Lake Worth Lease Survey), commencing on April 1,
Harry Adamson 2003, and ending March 31, 2008, for an annual lease rate of $120.00 per
household.
C-21092 M&C C-21092 — Authorizing the City Manager to execute an Agreement with
David Wershay David Wershay, for double rate charges for sewer services to serve his home at
12515 Oak Grove Road South located in Tarrant County, outside of the Fort
Worth City limits.
C-21093 M&C C-21093 — Authorizing the City Manager to execute an Interlocal
City of Keller Agreement with the City of Keller for installation of water facilities in area
bordered by U.S. Highway. 377 on the east, Kroger Drive on the south, Old
Denton Road on the west and Caylor Road West on the north.
C-21094 M&C C-21094 —Recommending that the City Council:
Ord. No. 16659-
10-2005 1. Authorize the City Manager to accept a grant and execute a contract
Texas Department with the Texas Department of Housing and Community Affairs for an
of Housing and amount up to $150,000.00 to assist low-income evacuees affected by the
Community recent hurricanes with food, clothing, pharmaceutical goods, personal
Affairs hygiene items, emergency shelter and fuel;
2. Adopt Appropriation Ordinance No. 16659-10-2005 increasing
estimated receipts and appropriations in the Grants Fund in the amount
of $150,000.00 from available funds for the purpose of funding a
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 8 of 20
contract with the Texas Department of Housing and Community Affairs
to provide assistance to low-income evacuees affected by the recent
hurricanes; and
3. Authorize the City Manager to waive the indirect costs, which are not
allowed by this grant and are addressed by other grants that provide for
staff salaries.
The motion carried. End of Consent Agenda.
Agenda Item X Council Member Jordan made a motion, seconded by Council Member
Presentations by Burdette, that the following individuals be appointed to boards and
City Council commissions as indicated effective October 18, 2005, and with terms expiring
Appointments October 1, 2006:
Mr. Andrew Podner City Plan Commission, Place 6
Ms. Glen Estes Parks & Community Services Advisory Board,
Place 6
Mr. Gary Kidwell Board of Adjustment and Fort Worth Alliance
Airport Board of Adjustment, Place 6
The motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Hicks made a motion, seconded by Council Member Espino,
that Mr. Ramon Romero be appointed to Place 8 on the Golf Advisory
Committee effective October 18, 2005. The motion carried unanimously nine
(9) ayes to zero (0) nays.
(Council Member Haskin stepped away from the dais.)
Agenda Item XI There was presented an ordinance authorizing the issuance and sale of the City
Ord. No. 16660- of Fort Worth, Texas, Water and Sewer System Subordinate Lien Revenue
10-2005 Bonds, Series 2005A, and ordaining other matters related thereto. Mayor Pro
Water and Sewer tem Silcox made a motion, seconded by Council Member Davis that Ordinance
System No. 16660-10-2005 be adopted. The motion carried unanimously eight(8) ayes
Subordinate Lien to zero (0) nays, with Council Member Haskin absent.
Revenue Bonds,
Series 2005A
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 9 of 20
Agenda Item XII There was presented an ordinance authorizing the issuance and sale of the City
Ord. No. 16661- of Fort Worth, Texas, Water and Sewer System Subordinate Lien Revenue
10-2005 Bonds, Series 2005B, and ordaining other matters related thereto. Council
Water and Sewer Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox that
System Ordinance No. 16661-10-2005 be adopted. The motion carried unanimously
Subordinate Lien eight(8) ayes to zero (0) nays, with Council Member Haskin absent.
Revenue Bonds,
Series 2005B
Agenda Item XIII There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
(Council Member Davis stepped away from the dais.)
Agenda Item XIV There was presented Mayor and Council Communication No. OCS-1519 from
Presentations by the Office of the City Secretary recommending that the City Council adopt a
City Secretary resolution setting the regular zoning hearing for November 8, 2005. Mayor Pro
OCS-1519 tem Silcox made a motion, seconded by Council Member Burdette, that
Res. No. 3260-10- Resolution No. 3260-10-2005 be adopted. The motion carried unanimously
2005 seven (7) ayes to zero (0) nays, with Council Members Haskin and Davis
Setting Regular absent.
Zoning Hearing
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
G-14968 Mayor Moncrief stated that Mayor and Council Communication No. G-14968,
Moved Until Later Appointment of Advisory Board — Fort Worth Public Improvement District
on Agenda Number 6, would be passed over at this time and heard upon Council Member
(See PZ-2621) Haskin's return to the Council Chamber.
(Council Member Davis returned to her chair at the dais.)
G-14969 There was presented Mayor and Council Communication No. G-14969 from
Extend Injury the City Manager recommending that the City Council approve an extension of
Leave-of-Absence injury leave-of-absence for Police Officer Tim Dean. Council Member Davis
for Police Officer made a motion, seconded by Council Member Burdette, that the
Tim Dean recommendation be adopted. The motion carried unanimously eight(8) ayes to
zero (0) nays, with Council Member Haskin absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 10 of 20
PZ-2618 There was presented Mayor and Council Communication No. PZ-2618 from the
Res. No. 3261-10- City Manager recommending that the City Council approve a resolution
2005 adopting the Tenth Amendment to the City of Fort Worth's Annexation Plan,
10th Amendment removing approximately 326.56 acres of land, or .51 square miles, out of the
to City's James Rightly Survey, Abstract No. 1268 and the Henry Robertson Survey,
Annexation Plan, Abstract No. 1259, Tarrant County, Texas. Council Member Burdette made a
James Rightly motion, seconded by Mayor Pro tem Silcox, that the recommendation and
Survey and Henry Resolution No. 3261-10-2005 be adopted. The motion carried unanimously
Robertson Survey eight(8) ayes to zero (0) nays, with Council Member Haskin absent.
PZ-2619 There was presented Mayor and Council Communication No. PZ-2619 from the
Establish City Manager recommending that the City Council approve the annexation
Timetable for timetable for proposed voluntary full purpose annexation of approximately
Proposed 326.56 acres of land, or .51 square miles (more or less), located west of US
Voluntary Highway 287 and south of Blue Mound Road (AX-05-027, Vann Cattle/Todd
Annexation Group), in compliance with the requirements of Chapter 43 of the Local
(AX-05-027, Vann Government Code of the State of Texas; and direct staff to prepare a service
Cattle/Todd plan that provides for the extension of full municipal services to the annexation
Group area. Council Member Burdette made a motion, seconded by Council Member
Davis, that the recommendation be adopted. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Council Member Haskin absent.
(Council Member Haskin returned to her chair at the dais.)
PZ-2620 There was presented Mayor and Council Communication No. PZ-2620 from the
Res. No. 3262-10- City Manager recommending that the City Council approve a resolution
2005 adopting the Eleventh Amendment to the City of Fort Worth's Annexation
11th Amendment Plan, removing approximately 1.268 acres of land, or .002 square miles, out of
to City's the Josiah Walker Survey, Abstract No. 1600, Tarrant County, Texas. Council
Annexation Plan, Member Burdette made a motion, seconded by Council Member Davis, that the
Josiah Walker recommendation and Resolution No. 3262-10-2005 be adopted. The motion
Survey carried unanimously nine (9) ayes to zero (0) nays.
PZ-2621 There was presented Mayor and Council Communication No. PZ-2621 from the
Res. No. 3263-10- City Manager recommending that the City Council approve a resolution
2005 adopting the Twelth Amendment to the City of Fort Worth's Annexation Plan,
12th Amendment removing approximately 14.985 acres of land, or .023 square miles, out of the
to City's Josiah Walker Survey, Abstract No. 1600, Tarrant County, Texas. Council
Annexation Plan, Member Burdette made a motion, seconded by Council Member Davis, that the
Josiah Walker recommendation and Resolution No. 3263-10-2005 be adopted. The motion
Survey carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 11 of 20
At the request of the Mayor, the City Council returned to Mayor and Council
Communication No. G-14968.
G-14968 There was presented Mayor and Council Communication No. G-14968 from
Res. No. 3264-10- the City Manager recommending that the City Council adopt a resolution
2005 appointing the following individuals to the Advisory Board of the Fort Worth
Advisory Board of Public Improvement District Number 6 (Park Glen) for Fiscal Year 2005-06
Fort Worth Public effective October 18, 2005, and with terms expiring October 1, 2006:
Improvement
District Number 6 Name Address District
(Park Glen) Randy Acosta 4716 Grant Park Avenue A-1
Cecilia Shilling 4824 Rincon Way A-2
Scott Robertson 4837 Island Circle A-3
Caroline Sherman 8370 Muirwood Trail A-4
Vacant A-5
Joe Yates 7504 Deer Lodge Trail A-6
Jarrod Reese 5204 Warm Springs Trail A-7
Council Member Haskin made a motion, seconded by Council Member Davis,
that the recommendation and Resolution No. 3264-10-2005 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-21087 There was presented Mayor and Council Communication No. C-21087 from the
Four Sevens Oil City Manager recommending that the City Council approve the acceptance of a
Co., Ltd. lease agreement with Four Sevens Oil Co., Ltd., for natural gas drilling under
3.540 mineral acres, more or less, of City-owned property known as the
Environmental Collection Center property located in Tarrant County on Bridge
Street for a two-year term.
City Manager Boswell stated that the next to the last paragraph under the
discussion portion of the M&C needed to be amended to read, "It is anticipated
that the lease bonus and royalty proceeds will be deposited in the City's
Environmental Management Fund and designated for improvement to the
City's Environmental Collection Center Program."
Council Member Davis made a motion, seconded by Council Member Haskin,
that Mayor and Council Communication No. C-21087 be adopted. The motion
carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 18,2005
PAGE 12 of 20
C-21095 There was presented Mayor and Council Communication No. C-21095 from the
John C. Lystig City Manager recommending that the City Council find that the statements set
forth in the recitals of the Tax Abatement Agreement with John C. Lystig are
true and correct; and authorize the City Manager to enter into a five-year Tax
Abatement Agreement with John C. Lystig for the property at 1320 South
Adams Street in the Magnolia Village Neighborhood Empowerment Zone
(NEZ) in accordance with the NEZ Tax Abatement Policy and Basic
Incentives. Council Member Haskin made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
C-21096 There was presented Mayor and Council Communication No. C-21096 from the
Riverbend City Manager recommending that the City Council authorize the City Manager
Investment 11, to execute a Community Facilities Agreement with Riverbend Investment 11,
Limited, by RBE Limited, by RBE Investment Corporation, for the installation of community
Investment facilities to serve Lakes of River Trails South Phase V. Council Member
Corporation Haskin made a motion, seconded by Council Member Davis, that the
recommendation be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
C-21097 There was presented Mayor and Council Communication No. C-21097 from the
William E. Payne City Manager recommending that the City Council authorize the City Manager
and Associates, to execute a consent to the assignment of the Design-Build Contract by William
Inc., to Joe R. E. Payne and Associates, Incorporated, to Joe R. Jones Construction, Inc., City
Jones Secretary Contract No. 30504, as previously amended, for the construction of
Construction, Inc. an air traffic control tower at Fort Worth Spinks Airport. Council Member
Hicks made a motion, seconded by Council Member Davis, that the
recommendation be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
C-21098 There was presented Mayor and Council Communication No. C-21098 from the
S.J. Boswell Ridge City Manager recommending that the City Council authorize the City Manager
Development, to execute a Community Facilities Agreement with S.J. Boswell Ridge
L.P., by S.J. Development, L.P., by S.J. Boswell Ridge, L.L.C., a General Partner, for the
Boswell Ridge, installation of water and sewer services to serve Boswell Meadows Addition, a
L.L.C., a General future single-family home development, located in north Fort Worth. Council
Partner Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the
recommendation be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
CITY OF FORT WORTH, TEXAS
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OCTOBER 18,2005
PAGE 13 of 20
C-21099 There was presented Mayor and Council Communication No. C-21099 from the
LC Highlands, a City Manager recommending that the City Council authorize the City Manager
Limited to execute a Community Facilities Agreement with LC Highlands, a Limited
Partnership Partnership, for the installation of water and sewer services to serve Lost Creek
Addition, Phase VI, a future single-family home development, located in far
west Fort Worth. Mayor Pro tem Silcox made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
AGENDA ITEM XVI—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL
Zoning Hearing It appeared to the City Council that the Notice of Public 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 September 29, 2005. Mayor Moncrief opened the
public hearing and asked if there was anyone present desiring to be heard.
(Council Member Espino stepped away from the dais.)
ZC-04-148R Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox,
Approved that the application of K. Wayne Lee for a change in zoning of property located
in the 9000 block of Park Drive from "AG" Agricultural to "A-5" One-Family
Residential, Zoning Docket No. ZC-04-148R, be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Espino
absent.
ZC-05-115 It appeared that the City Council, at its meeting of September 20, 2005,
Denied continued the hearing of 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 Residential, "E" Neighborhood Commercial and
"F" General Commercial to (Tract 1) "A-5" One-Family Residential; (Tract 2)
"R-l" Zero Lot Line/Cluster Residential; (Tract 3) "C" Medium Density Multi-
Family Residential; (Tract 4) "E" Neighborhood Commercial; (Tract 5) "F"
General Commercial, Zoning Docket No. ZC-05-115. Mayor Moncrief opened
the public hearing and asked if there was anyone present desiring to be heard.
Council Member Burdette made a motion, seconded by Council Member Davis,
that Zoning Docket No. ZC-05-115 be approved.
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PAGE 14 of 20
Council Member Haskin stated that she thought Tract 2 had been removed from
the zoning request.
(Council Member Espino returned to his chair at the dais.)
Mr. Bob Riley, Development Department Director, stated that the City Zoning
Commission originally acted on all tracts with the exception of Tract 2. He
added that Tract 2 was considered separately by the City Zoning Commission
on October 12, 2005, and recommended for "R-1" zoning. He further stated
that when the case came before the Council on September 20, 2005, the
applicant requested a continuance of the zoning case to allow Tract 2 to be
heard with the entire case.
(Council Member Davis stepped away from the dais and did not return.)
Ken Davis Mr. Ken Davis, 109 Mariah, Weatherford, Texas, applicant for the zoning
change, appeared before Council in support of the zoning change. He stated
that the zoning had been before the Council on two previous occasions to
change the use of the land to compatible zoning. He added that there were 350
units of "R-1" Zero Lot Line/Cluster Residential and 150 "A-5" One-Family
Residential structures planned for the development, along with a proposed lake
and trail system. He further stated that homes would be single-family detached,
have front entry garages, and be approximately 1,400 to 1,600 square feet.
There being no one else present desiring to be heard in connection with the
application of 820/30 Interchange, the Zoning Hearing was closed and the
Council voted three (3) ayes in favor of the motion to five (5) nays, with Mayor
Pro tem Silcox and Council Members Espino, Haskin, Wheatfall, and Hicks
casting the descending votes and with Council Member Davis absent. The
motion to approve Zoning Docket No. ZC-05-115 failed.
ZC-05-139 It appeared that the City Council, at its meeting of September 13, 2005,
Approved continued the hearing of the application of the City of Fort Worth for a change
in zoning of property located at 204 (210, 206) East Daggett Street from "J"
Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses
in "MU-2" High Intensity Mixed Use, and allow the continued use of
manufacturing chrome plating business, and waiver of site plan recommended,
Zoning Docket No. ZC-05-139. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
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PAGE 15 of 20
There being no one present desiring to be heard in connection with the
application of the City of Fort Worth, Council Member Hicks made a motion,
seconded by Council Member Burdette, that the Zoning Hearing be closed and
that Zoning Docket No. ZC-05-139 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Davis
absent.
Council Member Hicks expressed appreciation to City staff for reaching a
compromise with business owners at 204 E. Daggett Street to allow them to
keep operating their business.
ZC-05-177 It appeared that the City Council, at its meeting of October 11, 2005, continued
Continued Until the hearing of the application of Barbara Lyon and W.J. Morrison for a change
November 1, 2005 in zoning of property located in the 7500 block of Ederville Road from "A-5"
One-Family Residential to "B" Two-Family Residential, Zoning Docket No.
ZC-05-177. Mayor Moncrief opened the public hearing and asked if there was
anyone present desiring to be heard.
Council Member Wheatfall asked staff if the applicant could be required to
submit a site plan on this development.
Mr. Bob Riley, Development Department Director, stated the applicant had
requested straight "B" Two-Family zoning, but the Council could approve
zoning as "PD/SU" Planned Development/Specific Use for all uses in "B"
Two-Family.
It was noted that the applicants were not present in the Council Chamber to
respond to questions by the Council.
There being no one present desiring to be heard in connection with the
application of Barbara Lyon and W.J. Morrison, Council Member Wheatfall
made a motion, seconded by Council Member Espino, that the Zoning Hearing
be closed and that Zoning Docket No. ZC-05-177 be continued until November
1, 2005. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Davis absent.
ZC-05-191 It appeared that the City Council, at its meeting of October 11, 2005, continued
Approved the hearing of the application of Syn Station, L.P., for a change in zoning of
property located in the 9600 block of Trinity Boulevard from "AG"
Agricultural and "A-5" One-Family Residential to "R-2" Townhouse/Cluster
Residential, Zoning Docket No. ZC-05-191. Mayor Moncrief opened the
public hearing and asked if there was anyone present desiring to be heard.
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PAGE 16 of 20
Rick Horn Mr. Rick Horn, 6000 Western Place 11, representing the applicant, appeared
before Council in support of the zoning change. He explained the proposed
development would be comprised of approximately 130 lots. He added there
would be a buffer between Bear Creek and the railroad track which was
adjacent to open space.
Council Member Haskin requested further clarification on the areas on the
concept plan and the location of parkland and other open space for this
development. She expressed concern with the quality of life the residents of the
development would experience being located so close to a railroad track and the
lack of a park site.
Council Member Jordan stated that this issue dealt with the City's struggle with
density in the City. He added that there must be enough density to support
mass transit and that this development was very accessible to rail and industrial
zoning.
Mayor Pro tem Silcox inquired about the installation of signal lights and arms
at the railroad crossing location.
Mr. Horn responded by stating that Trinity Railway had been included in
discussions with this development and installation of the signal lights and arms
was based on the amount of traffic at this location.
Mayor Pro tem Silcox requested that the City look into requiring the developer
to construct quite zones when there were railroad crossings next to residential
development.
There being no one else present desiring to be heard in connection with the
application of Syn Station, L.P., Council Member Wheatfall made a motion,
seconded by Council Member Burdette, that the Zoning Hearing be closed and
that Zoning Docket No. ZC-05-191 be approved. The motion carried seven (7)
ayes to one (1) nay, with Council Member Haskin casting the descending vote
and Council Member Davis absent.
ZC-05-192 It appeared that the City Council, at its meeting of October 11, 2005, continued
SP-05-045 the hearing of the application of Henry Stevenson for a change in zoning of
Denied property located at 4409 Mansfield Highway from "F-R" General Commercial
Restricted to "PD/SU" Planned Development/Specific Use for all uses in "F-R"
General Commercial Restricted, with site plan for motel required, Zoning
Docket No. ZC-05-192 and Site Plan No. SP-05-045. Mayor Moncrief opened
the public hearing and asked if there was anyone present desiring to be heard.
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PAGE 17 of 20
Council Member Wheatfall expressed concern with the site plan reflecting only
22 parking places for a motel with 20 units. He stated that were one parking
place per unit and that the site plan did not address overflow parking
possibilities.
Henry Stevenson Mr. Henry Stevenson, 4500 Brentwood Stair #1019, applicant, appeared before
Council in support of the zoning change. He stated that one parking place per
unit was all that was required by City ordinance. He added that he had not
contacted businesses in the area to reach an agreement relative to overflow
parking for the motel.
Council Member Wheatfall stated that the motel was being proposed in an area
that was already saturated with motels. He added that the portion of Mansfield
Highway already had a problem with drugs and prostitution and stated he felt
the motel would become a negative addition and add to the current problem on
Mansfield Highway.
Mr. Stevenson stated that the motel would serve a community purpose and cost
of the rooms would be $35.00 per night as opposed to $60.00 to $70.00 per
night at other less quality motels on Mansfield Highway. He advised that it
would not be a National chain, but a "mom and pop" operation. He added there
would be no weekly or monthly residents.
Mayor Moncrief and Council Member Wheatfall expressed concern with Mr.
Stevenson's having the financial capability to sustain the upkeep and
maintenance of the motel by charging only $35.00 per night.
Mr. Stevenson stated that he and his fiance would live on the property and
perform most of the maintenance themselves. He added that he would have
very few employees.
Mayor Pro tem Silcox called for the question.
There being no one else present desiring to be heard in connection with the
application of Henry Stevenson, Council Member Hicks made a motion,
seconded by Council Member Wheatfall, that the Zoning Hearing be closed and
that Zoning Docket No. ZC-05-192 and Site Plan No. SP-05-045 be denied.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Davis absent.
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ZC-05-201 Council Member Haskin inquired about a site plan for this request and if the
Approved property abutted the railroad track.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant,
appeared before Council in support of the zoning change. He explained that
this development was in a Petroleum District and did not require a site plan and
was basically a tank farm. He stated that the site did not abut the railroad track
but was adjacent to Trinity Boulevard. He stated that he had a letter of support
from the local neighborhood association and assured the Council that an
attractive buffer of a berm landscaped with trees would be placed along Trinity
Boulevard.
Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox,
that the application of Flint Hills Resources, L.P., for a change in zoning of
property located at 12300, 12550 Trinity Boulevard from "PD-73, 77" Planned
Development for "K" Heavy Industrial and "I" Light Industrial to "PD/SU"
Planned Development/Specific Use for the wholesale storage, handling and
distribution of petroleum products and fuel companies, and waiver of site plan
recommended, Zoning Docket No. ZC-05-201, be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Davis absent.
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 Mayor Pro tem Silcox,
that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 16662-10-2005
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.
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PAGE 19 of 20
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Davis absent.
Item XVII Ms. Peggy Hickey, 2205 Robinwood Drive, along with her mother Alta L.
Citizen Tankersley appeared before Council relative to the City annexing her mother
Presentations and brother's properties. She provided a written statement to the Council and
stated that her mother owned 8 acres of property at 1135 Willow Springs Road
and her brother owned two acres next to her mother. She added that the
property had always been used for farming and that her mother and brother
were concerned at not being able to continue its current use. She requested
Council's consideration to be removed from the annexation plan or that the
property not be annexed for a number of years.
Mr. Bob Riley, Development Department Director advised the Council that in
accordance with State law, when property is annexed into the City, its current
use was grandfathered with the exception of nuisances, e.g., sexually oriented
businesses.
Jessee Thompson Mr. Jessee S. Thompson III, 516-D Rita Lane, Arlington, Texas, appeared
before Council and expressed interest in code enforcement as it related to
cutting grass.
Agenda Item It was the consensus of the City Council that they recess into Executive Session
XVIII at 12:03 p.m., with Council Member Davis absent, to:
Executive Session
1. Seek the advice of its attorneys concerning the following pending or
contemplated litigation or other matters that are exempt from public
disclosure under Article X, Section 9 of the Texas State Bar Rules as
authorized by Section 551.071 of the Texas Government Code:
a) Legal issues concerning the Fort Worth Employee's Retirement
Fund;
b) Legal issues concerning annexation;
c) Legal issues concerning any item listed on today's City Council
meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in
accordance with Section 551.072 of the Texas Government Code.
Deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party; and
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PAGE 20 of 20
3. Deliberate concerning economic development negotiations as
authorized by Section 551.087 of the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of
security personnel or devices, in accordance with Section 551.076 of the
Texas Government Code.
Reconvened The City Council reconvened into regular session at 1:05 p.m.
Agenda Item XIX There being no further business, the meeting was adjourned at 1:05 p.m.
Adjournment
These minutes approved by the Fort Worth City Council on the 25th day of
October, 2005.
Attest: Approved:
Marty Hen rix Mid ael J. Moncri f
City Secretary Mayor