HomeMy WebLinkAbout2010/05/04-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
Present
Mayor Mike Moncrief
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present
Dale Fisseler, City Manager(Left at 8:40 p.m.)
Tom Higgins, Assistant City Manager(Assumed chair at 8:40 p.m.)
David Yett, City Attorney
Marty Hendrix, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 7:10 p.m. on Tuesday, May 4, 2010, in the City Council Chamber
of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem
Scarth and Council Member Espino temporarily absent.
IL INVOCATION m Reverend Raloh Emerson, Jr., Risln2 Star Bantlst Church
The invocation was provided by Reverend Ralph Emerson, Jr., Rising Star Baptist Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 27 2010
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss that the
minutes of the regular meeting of April 27, 2010, be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino and Mayor Pro
tem Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 2 of 31
V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn from by Staff.
VII.CONSENT AGENDA
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that the
Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Espino and Mayor Pro tem Scarth absent.
B.Purchase of Equipment, Materials, and Services - Consent Items
L M&C P-11123 - Authorizing the Purchase of John Deere Tractors from Brazos Valley
Equipment Using Texas Association of School Boards Cooperative Contract No. 292-08 for a
Total Amount of $88,547.15 and Toro Groundsmaster 5900 Mower from Professional Turf
Products Using the National Intergovernmental Purchasing Alliance Cooperative Contract No.
RFP-083004 for the Parks and Community Services Department for a Total Amount of
$73,323.65.
2.M&C P-11124 - Authorizing the Purchase of Passenger Vans from Dallas Dodge Inc., Using
Houston-Galveston Area Council Cooperative Contract No. VE3-06 for the Police Department
and Using Crime Control and Prevention District Funds for a Total Amount of$96,060.00.
C.Land - Consent Items
1.M&C L-14973 - Accepting the Dedication of Approximately 8.116 Acres of Parkland
Described as a 4.231 Acre Tract of Land Being All of Lot 35x, Block 10 and a 3.885 Acre Tract of
Land Situated in the W. McCowan Survey Abstract No. 999, Tarrant County, Texas, and
Facility Improvements from Centex Homes and 90 North Fort Worth, Ltd., in Accordance with
the Neighborhood and Community Park Dedication Policy for Reata Park.
D.Planning & Zoning - Consent Items
1.M&C PZ-2880 - Adopting Ordinance No. 19132-05-2010 Vacating and Extinguishing a
Portion of a Forest Avenue, Located Between East Lancaster Avenue and Hart Street, Adjacent
to Blocks 4 and 5 of Original Town of Handley in the City of Fort Worth, Tarrant County,
Texas; Providing for Reversion of Fee in said Land; Providing that the City Shall Retain All
Existing Utilities Easements; and Waive Any and All Purchase Fee Value of the Vacated Land in
Accordance with City Policy (M&C G-15624).
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REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 3 of 31
(VII. CONSENT AGENDA Continued)
2.M&C PZ-2881 - Authorizing the City Manager to Initiate a Zoning Change for Existing
Quadruplexes Along Chapin Road from "E" Neighborhood Commercial to "D" High Density
Multi-Family,in Accordance with the Comprehensive Plan.
3.M&C PZ-2882 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
Three (3) of the Far Greater Northside Neighborhood from "A-5" One-Family, `B" Two-Family,
"ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General
Commercial Restricted, "F" General Commercial, and "I" Light Industrial to "A-5" One-
Family, `B" Two-Family, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted, and"E"Neighborhood Commercial,in Accordance with the Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-24195 - Authorizing the City Manager to Enter into a Five (5) Year Tax Abatement
Agreement with Shawn Fite for Property Located at 1312 Fairmount Avenue, Described as
Block C, Lots 25 and 26, McAnulty & Nye Subdivision of Block 29, Field Welch Addition, to the
City of Fort Worth, Tarrant County, Texas, in the Magnolia Village Neighborhood
Empowerment Zone in Accordance with the Neighborhood Empowerment Zone Tax Abatement
Policy and Basic Incentives.
2.M&C C-24196 - Authorizing the City Manager to Enter into a Five (5) Year Tax Abatement
Agreement with Gary and Judy Antczak for the Property Located at 1325 Fairmount Avenue,
Described as Block 2, Lot 26, Johnson Subdivision of Block 28, Field Welch Addition, an
Addition to the City of Fort Worth, Tarrant County, Texas, According to the Plat Recorded in
Volume 63, Page 61, of the Plat Records of Tarrant County Texas, in the Magnolia Village
Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone
Tax Abatement Policy and Basic Incentives.
3.M&C C-24197 - Authorizing the Rejection of All Bids Received for the Alley Cleaning
Program 2010 for the Transportation and Public Works Department.
4.M&C C-24198 -Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $173,253.50 to City Secretary Contract No. 37653 with Laughley Bridge and Construction,
Inc., Thereby Revising the Total Contract Amount to $1,356,756.50 for the Morningside
Neighborhood Drainage Improvements. 8)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 4 of 31
(VII. CONSENT AGENDA Continued)
5.M&C C-24199 - Authorizing the City Manager to Execute an Engineering Services
Agreement in the Amount of $165,000.00 with Kimley-Horn and Associates, Inc., to Improve
Signal Timing and Synchronization Along Boat Club Road from Lea Crest to Eagle Ranch
Intersection; North Tarrant Parkway from IH-35W to Quail Valley Drive Intersection; North
Main Street from 4th Street to 26th Street Intersection; Green Oaks Road from IH-30 to Alta
Mere Drive Intersection; and Alta Mere Drive from Margaux to Ridgmar Mall West Entrance
Intersection.
6.M&C C-24200 - Approving a Contract with Craig Olden, Inc., in the Amount of$275,000.00
for the Permanent Repair of the Retaining Wall Located at the Vickery Boulevard and Hulen
Street Intersection.
7.M&C C-24201 - Authorizing the City Manager to Execute an Engineering Services
Agreement in the Amount of $144,865.84 with AECOM USA Group, Inc., to Provide Phase
Seven (7) Runway Design and Taxiway Rehabilitation Runway Guard Light Rehabilitation
Design and Construction Phase Services at Fort Worth Alliance Airport.
8.M&C C-24202 - Authorizing the City Manager to Execute an Improved Ground Lease
Agreement with Associated Mandatory Improvements with Texas Jet Partners, L.P., for Hangar
Development Projects on Lease Site 35N and 37N at Forth Worth Meacham International
Airport.
VIII.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1769 -Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda
(Mayor Pro tem Scarth assumed his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
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IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1.Presentation of Proclamation for W.R. "Bob" Watt,_Jr., Day
Mayor Moncrief presented a Proclamation for W.R. "Bob" Watt, Jr., Day to Mr. Bob Watt, Jr. He
stated that Mr. Watt, was a legend in the rodeo and stock show business who became involved on a
part-time basis with the annual Southwestern Exposition and Livestock Show (Fort Worth Stock Show
and Rodeo) during his college years. He further stated that Mr. Watt was a native of Fort Worth and
grew up at the Stock Show under the guidance of his father; the late W.R. Watt, Sr. He pointed out that
in 1978, upon his father's passing, Mr. Watt was named President and General Manager of the Fort
Worth Stock Show & Rodeo. He advised that under his direction, the Fort Worth Stock Show & Rodeo
had grown steadily by expanding from 12 to 24 days, from five (5) to 16 full-time employees, as well
as, hosting nearly a million visitors each year which was up from 610,000 the year Mr. Watt assumed
the presidency. He further advised that Mr. Watt's leadership had brought significant additions and
improvements to the Will Rogers Memorial Center, including the Amon G. Carter Jr. Exhibits Hall in
1984, the world-class Will Rogers Equestrian Center in 1988, the Charlie and Kit Moncrief Building in
1996, and the Ticket Office and Visitors' Center in 1999. He added that for over 40 years Mr. Watt had
provided an outstanding service to the organization and had left a legacy for future leaders of the Show
by exemplifying the spirit upon which the Southwestern Exposition and Livestock Show was founded.
Mr. Ed Bass, Fort Worth Stock Show and Rodeo Board Chairman, presented Mr. Watt with a rare
book by the National Livestock Historical Association, Set Number 57, 1905 Edition, allotted to B.F.
Montgomery, entitled Prose and Poetry of the Livestock Industry of the United States with Outlines of
the Origins and the Ancient History of Our Livestock Animals, in appreciation for his years of service
to the Southwestern Exposition and Livestock Show (Fort Worth Stock Show & Rodeo).
(Council Member Espino assumed his place at the dais.)
Mr. Ernie Horn, Executive Director, Score a Goal in the Classroom, also presented Mr. Watt with a
plaque in appreciation for his years of support of the Score a Goal in the Classroom program.
Mr. Watt introduced his family members present at the meeting and expressed appreciation to the
Mayor and Council Members and his supporters for the recognition and stated he was happy to have
partnered with the City for many years.
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REGULAR CITY COUNCIL MEETING
May 4, 2010
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2.Presentation of Proclamation for ounts In Fort Worth Dai
City Secretary Hendrix explained that as of 4:00 p.m. on Friday, April 30, 2010, both the cities of Fort
Worth and Arlington, according to the Census Bureau's website, had a 70 percent participation rate for
this year's census count. She stated that because the "friendly wager" was which city had the greater
census participation rate, the City of Arlington had agreed to withdraw the Proclamation from its
agenda, and added that Fort Worth would do the same. Mayor Moncrief and Council Member Espino
expressed appreciation to all who had participated in the Census and the collection of the data,
including the Complete Count Committee and Angela Rush, Assistant Director, Community Relations
Department. They congratulated everyone for performing their civic obligation and stated although the
City had a 70 percent participation rate, it was still below the national average.
3.PresentatiDS
Ms. Lois Bogusch introduced Ms. Tanna Griffiths, Pastor Jim Chandler, of the Meadowbrook United
Methodist Church and children from the 4-H Club and presented Art Sculpture Number 4 to Council
Member Hicks.
Ms. Bogusch explained that the East Fort Worth 4-H Club began as an outreach effort of
Meadowbrook United Methodist Church, with help from the Tarrant County Extension Service, in an
effort to increase involvement in a changing multi-cultural community. She further stated that the 4-H
Club brought together children and adults in the community by developing many life-enhancing skills,
which gave members a sense of self-worth and achievement. She advised that four years ago Ms. Lori
Thomson, Firehouse Art Gallery, started a tradition of collecting objects in the streets and ravines of
the West Meadowbrook area as a way to encourage the members to see the beauty and versatility in
"found treasures." She stated that the art sculpture was number 4 and was made by the 4HKIDS from
trash found during the Cowtown Cleanup.
Council Member Hicks stated that there was always a wonderful turn out by both adults and young
people at the Cowtown Cleanup and she expressed appreciation for the sculpture and
stated the volunteerism was part of the "Fort Worth Way".
Mayor Moncrief expressed appreciation to the children from the 4-H Club for their volunteerism and
stated they were the future leaders of the City and were limited only by their imagination. He
encouraged them to continue to be good stewards in the community and set an example for other
children.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 7 of 31
X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Burns announced the ribbon cutting for Burnett Park would be held on May 5, 2010,
at 11:30 a.m. He stated a Cinco de Mayo celebration would be held in the afternoon and a weeklong
celebration would follow with events including morning fitness classes and evening concerts. He stated
for more information to visit the Downtown Fort Worth, Inc., website at www.dfwi.org. He also
announced the Annual Mother's Day Fairmount Tour of Homes would be held May 8-9, 2010, from
12:00 p.m. to 6:00 p.m. He stated the proceeds were the main source of income for the Fairmount
Neighborhood Association, which used the funds to beautify the neighborhood. He advised that a
ticket booth was located on the 1500 block of Magnolia and for more information to contact the
District 9 Office at 817-392-8809. He also announced that the Mayfest was the most successful in the
history of the event. He expressed appreciation to everyone involved and stated that he looked forward
to hearing the final attendance numbers.
Council Member Burdette announced that a Crime Control and Prevention District Appreciation Day
would be held on May 15, 2010, from 10:00 a.m. to 2:00 p.m. near Montgomery Plaza, in the area n
front of the Super Target off of 7fh Street and encouraged everyone to attend. He also announced that
the grand opening of the Western Heritage Parking Garage at Will Rogers Memorial Complex
(WRMC) was held on April 28, 2010, and added that the parking garage would accommodate 1,100
vehicles and would alleviate some of the parking issues. He pointed out that the parking garage also
featured the mosaic frescos of cowboys and cowgirls from the early 1900's. He added, that the City
had begun charging for parking at WRMC and was aware of the citizens concerns with paid parking.
He encouraged everyone to be patient and stated that staff would reevaluate the parking in the coming
months, once feedback had been received.
Council Member Zimmerman announced that the City of Fort Worth and PetSmart Charities opened
the new Pet-Adoption Center and Shelter, at the PetSmart Store, located at 4800 Loop 820, on
May 1, 2010. He encouraged everyone to visit the shelter, which was open seven (7) days per week
and witness the unique, collaborative effort to save the lives of homeless pets. He pointed out that
since the soft opening of the shelter, no adoptable pets had been euthanized. He also announced that
Mr. Allen Howeth, an attorney and partner with Cantey Hanger, was the recipient of the 2009
Blackstone Award, the most prestigious honor bestowed by The Tarrant County Bar Association. He
stated that Mr. Howeth was the seventh Cantey Hanger attorney to receive the Blackstone Award,
which was inaugurated in 1963 and was awarded annually to a senior member of the bar, based on a
career demonstrating ability, integrity and courage.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 8 of 31
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Espino announced that the Cinco de Mayo weekend celebration was held on
May 1-2, 2010, at All Saints Catholic Church. He expressed appreciation to all who attended and
supported the event including the Fort Worth Latino Peace Officers and Father Jasso, All Saints
Catholic Church, who was the Master of Ceremony and added the event was well attended and
featured the best Mexican food in the City. He also stated that Cinco de Mayo was a celebration of the
Battle of Pueblo, which took place on May 5, 1862. He also stated that Cinco de Mayo recognized
Hispanic heritage, history, and culture, and celebrated the universal ideals of freedom, liberty, and
democracy. He also announced that Harriett Creek Ranch held their 5th Annual Safety Fair on May 2,
2010, and stated the event was a success and expressed appreciation to the Police Department staff and
all who attended the event. He also announced that he attended the 13th Annual Noche de Gracias on
May 4, 2010, at Joe T. Garcia's Restaurant and expressed appreciation to the Lancarte Family, who
hosted Cassata High School's annual fundraiser and provided event space and food free of charge,
meaning that all proceeds raised from the event directly benefitted the school. He stated that Cassata
High School was a private, non-traditional high school and nonprofit, outreach program of the Fort
Worth Catholic Diocese that welcomed students of all faith and had a proven track record of educating
students who had difficulty in a traditional high school or who had dropped out of school for various
reasons and wished to return to earn their high school diploma. He further stated that the school opened
the doors for more than 3,500 students who had graduated from Cassata High School since 1975. He
added Cassata High School did not offer a religious curriculum but worked to instill strong values in
its students, and that the staff served as mentors, not just teachers. He further stated that expectations
for students were high and Cassata's firm model of discipline provided a safe, orderly and positive
environment that allowed students to achieve their goals.
Mayor Pro tem Scarth expressed appreciation to the Police Department and the Code Compliance
Department for their attendance at a meeting held in north Fort Worth in District 4 on May 3, 2010. He
also announced the Annual Code Blue Dinner would be held on May 22, 2010, at the Fort Worth
Convention Center at 7:30 p.m. and encouraged everyone to attend.
2.Recognition of Citizens
There were no citizens recognized at this time.
XI.PRESENTATIONS BY THE CITY COUNCIL
1.Changes i e ers its on Boards and Commissions
There were no changes in membership on boards and commissions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 9 of 31
XII.ELECTION OF MAYOR PRO TEMPORE
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Council
Member Danny Scarth be elected Mayor Pro tempore. The motion carried unanimously
nine (9) ayes to zero (0)nays.
XIII.PRESENTATIONS ANI)/OR COMMUNICATIONS FROM BOARDS COMMISSIONS
AND/QR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards commissions and/or City Council
committees.
XIV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16865 - Anorove the City Manager's Pension Committee Recommendation to
Proceed with a One Time, Lump-Sum City Contribution to the City of Fort Worth Employees'
Retirement Plan for Fiscal Year 2010 and to Wire Transfer $5,410,6 2 00 from Various General
Fund Departmental Budgets and $1,592,511.00 from Other Funds to the City of Fort Worth
EmWoyees' Retirement Plan. (Continued from Anri127, 2010)
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G-16865 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
2.M&C G-16913 - Consider a Request from Vicente Gonzalez, d/b/a Mariscos Las Islitas
Restaurant, as Lessee of the Building Located at 1201 East Long Avenue, for a Variance from
Section 4-4 of the City Code Prohibiting the Sale of Alcoholic Beverages Within 300 Feet of
Harvest Outreach Church, Located at 3407 North Hampton Street.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Retort of City Staff
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 10 of 31
(G-16913 Continued)
b.Citizen Presentations
Ms. Christine Gonzalez, applicant, 6950 Chase Ridge Trail, Apartment 1115, appeared before Council
in support of Mayor and Council Communication No. G-16913 and stated the restaurant that was
previously located in the building was approved for alcohol beverage sales and requested the Council
approve the variance.
Council Member Espino stated he had received inquiries from the Diamond Hill Neighborhood
Advisory Council and would continue this item until the May 18, 2010, Council Meeting. He read an
email from Mr. Domingo Martinez, 3321 North Hampton, in opposition to the variance and requested
the applicant meet with Mr. Martinez to discuss his concerns. He also stated the Harvest Outreach
Church was in support of the variance and encouraged the applicant to meet with the Diamond Hill
Neighborhood Advisory Council for resolution prior to May 18, 2010.
c.Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G-16913 be continued until the May 18, 2010, Council
meeting. The motion carried unanimously nine(9) ayes to zero (0)nays.
3.M&C G-16914 - Consider a Waiver Rawest by Quicksilver Resources, Inc., for a Multir�le
Gas Well Pad Site Permit on the Olcott West Lease Located at 6099 Wilbarger Street Less Than
600 Feet from Protected Uses. (PUBLIC HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Renort of City Staff
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
b.Citizen Presentations
Mr. Stephen Lindsey, Quicksilver Resources, Inc., 777 West Rosedale Street, appeared before Council
and provided an overview of the waiver request.
Council Member Moss advised that the majority of the trailer homes that were within 600 feet from the
pad site had been moved and were no longer located on the property.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 11 of 31
(G-16914 Continued)
Ms. Susan Alanis, Director, Planning and Development Department, clarified that most of the trailer
homes had been moved and that one of the other properties did have an open account with water
service at the location.
Council Member Hicks questioned why the pad site could not be moved farther away from the
protected uses and closer Lake Arlington.
Mr. Lindsey clarified that there was an existing pipeline in that area the topography of the land posed a
problem as it was below the Arlington flood plain.
c. Council Action
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that the
public hearing be closed and that Mayor and Council Communication No. G-16914 be
approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks
casting the negative vote.
4.M&C G-16915 - Conduct a Public Hearing and Adopt an Ordinance Establishing the
Standards of Care for 2010 for Youth Programs Offered by the Parks and Community Services
Department. (PUBLIC HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Retort of Citi Staff
Ms. Sandra Youngblood, Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the
public hearing be closed and that Mayor and Council Communication No. G-16915 be
approved and Ordinance No. 19133-05-2010 be adopted. The motion carried unanimously
nine (9) ayes to zero (0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 12 of 31
C.Purchase of Ec�uinent, Materials, and Services
1.M&C P-11125 - Authorize the Purchase of Eight (8) Sport Utility Vehicles from Philgott Ford
Using Houston-Galveston Area Council Cooperative Contract No. VE3-06, for the Police
Department with Crime Control and Prevention District Funds for a Total Amount of
$1742768.88*
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. P-11125 be approved. The motion carried unanimously nine
(9) ayes to zero (0)nays.
2.M&C P-11126 - Authorize the Purchase of Twenty-Three (23) Half Ton Pickup Trucks from
Caldwell Country Dealerships Using Texas Procurement and Support Services Cooperative
Contract No. 072-02 for Multiple Departments for a Total Amount of 5462,10 .00
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. P-11126 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
3.M&C P-11127 - Authorize the Purchase of 115 Police Patrol Units from Phil ott Ford Using
Tarrant County Cooperative Contract No. 2007-190 for the Police and Municipal Court Services
Departments with Crime Control and Prevention District Funds for a Total Amount of
$225222305.25.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. P-11127 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
D.Land
City Secretary Hendrix advised that Mayor and Council Communication Nos. L-14943 and L-14945
would be considered under one (1) motion.
1.M&C L-14943 - 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 Alternatives Exist to Use Stratford Park, Located at 4057
Meadowbrook Drive, North of Meadowbrook Drive, West of Chelsea Road, South of Medford
Road and North of Stratford Court and Arrowhead Court for the Proposed Use; Find that the
Proposed Use Includes All Reasonable Planning to Mini ize Harm to the Parkland and
Including that the Proposed Use Will Have No Imnact on the Use of the Surface of the Parkland
and Close the Public Hearing and Authorize thLC
�i�tMa�nager�toA prove Use of the Subsurface
of Parkland of Stratford Park for the Drilling and Extraction of Natural Gas. (Continued from
March 23, 2010) (PUBLIC HEARING)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 13 of 31
2.M&C L-14945 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas
Parks and Wildlife Code, Chanter 26, Protection of Public Parks and Recreational Lands; Find
that No Feasible or Prudent Alternatives Exist to Use Oakland Lake Park, Located at 1645 Lake
Shore Drive, East of Lake Shore Drive, South of Brentwood Stair Road, West of Ederville Road
South and North of Barnett Street, for the Proposed Use, Find that the Proposed Use Guidelines
Includes All Reasonable Planning to Minimize Harm to the Parkland and Including that the
Pronosed Use Will Have No Impact on the Use of the Surface of the Parkland, and Close the
Public Hearing and Authorize the City Manager to Approve Use of the Subsurface of Parkland
of Oakland Lake Park for the Drilling and the Extraction of Natural Gas. Continued from
March 23, 2010) (PUBLIC HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.
Report of City Staff
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
The following individuals completed a speaker card in support of Mayor and Council Communication
Nos. L-14943 and L-14945, but did not wish to address the Council:
Ms. Wanda Conlin, 1755 Martel Avenue
Ms. Deidra Norris, 4309 Arden Place
c.Council Action
Council Member Hicks explained that the area was heavily populated and expressed appreciation to
City Staff for working with the concerns of the neighbors relative to where the drill site would be
located. She stated the drill site would be located across IH-30 in Council District 4 and advised that
the neighbors were satisfied with the placement.
Motion: Council Member Hicks made a motion, seconded by Council Member Bums, that the
public hearing be closed and that Mayor and Council Communication Nos. L-14943 and
L-14945 be approved. The motion carried unanimously nine (9) ayes to zero (0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 14 of 31
F.Award of Contract
1.M&C C-24194 - Authorize the CjLLyanager to Execute a Renewal Agreement with the Fort
Worth Zoological Association for the Provision of Management Services and Oversight of
Onerations for the Fort Worth Zoo, (Continued from AnriLl 27,2010)
Mr. H. B. Biddle, Jr., President of the Berkeley Place Association, spoke before the Council in favor of
the zoo contract. He advised of a recent meeting with Council Member Bums, City Manager Fisseler,
Manager of the Zoo, City staff and other neighborhood representatives regarding the zoo contract and
to provide input on all aspects and concerns regarding the zoo and how it impacted the neighborhoods
that surrounded its location. He advised of the success of their meeting and referenced a confirmation
letter sent to him of their discussions that outlined the processes that the City intended to employ to
address their issues. Mr. Biddle provided a copy of the letter dated May 3, 2010, written to him by
City Manager Dale Fisseler, to City Secretary Hendrix for the record.
Mr. Christian Ellis, President Elect, Berkeley Place Association, spoke before the Council in support of
the zoo contract and spoke favorably of the meeting process and the City's commitment to address
their issues and concerns. He also spoke very favorably about the City working with the stakeholders
in this process to reach a viable solution to issues and concerns that benefited both the City and the
citizens. He also referenced the letter from City Manager Fisseler and pointed out that the one issue
that was not addressed in the letter was the traffic issues; however, City Manager Fisseler had
indicated that the City would continue to work on this issue to a reasonable solution.
City Manager Fisseler indicated that during the meeting there was a lengthy discussion on the traffic
issues, which he believed were primarily the City's responsibility. He added that issue was something
that the City would continue to work on and he would prepare a letter to that affect. He expressed
appreciation to Mr. Ellis for bringing up that issue.
Council Member Bums provided highlights of the importance of the zoo to the City of Fort Worth and
its high rankings as a tourist attraction and pointed out the revenues that were received. He explained
that in the course of the conversation by the Council on the zoo contract, citizens in adjacent
neighborhoods to the zoo had indicated their concerns regarding their inability to weigh in on the
contents of the zoo contract, thus the meeting with the neighborhood associations was arranged.
Council Member Bums spoke about the discussions held at the meeting and one of the issues was the
traffic congestion that was caused by people going to the zoo on half-price ticket Wednesdays,
especially when that date fell during a holiday, i.e., July 4, or during Spring Break. He pointed out that
the zoo was working to address this high traffic congestion by spreading out those half-price ticket
days to other days that were not within those periods of time. He added that the zoo was also renewing
their commitment to not direct traffic into the back entrance to the zoo from along Forest Park.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 15 of 31
(C-24194 Continued)
Council Member Burns advised that the neighborhoods were also concerned about the open green
spaces, particularly the archery fields. He added the City had spelled out its understanding of the zoo
boundaries and they would remain the existing zoo boundaries and they were not going to change. He
added that the fence along Park Place was also one of the concerns in terms of the aesthetics of the zoo
property. He explained that the City of Fort Worth was going to be working with the Zoo Association
to make it so that pedestrians walking along that fence, either through setting back the fence or by
creating some other protected right-of-way, would have a better walking path along Park Place.
Council Member Burns indicated that one of the final concerns was regarding the noise. He indicated
that the zoo have given a great response with how that issue would be resolved.
Council Member Burns explained that the zoo boundary had been established for more than 20 years.
He stated that this new contract reaffirmed that existing boundary; that it was the Zoo Association's
obligation to manage the property inside the boundaries of the zoo and that it was the Zoo
Association's responsibility to maintain all fences. He reiterated his comments that the pedestrian
pathway along the fence area would be improved for those pedestrians walking to the zoo or passed the
zoo.
Council Member Burns added that the City was supportive of the zoo's plans for past or future full
development of the zoo; however, the zoo was not currently planning for an expansion. He added if
this occurred in the future, then the City Manager would bring forward that proposal to the City
Council and the public would have the opportunity to provide input before the Council.
Council Member Burns reiterated that the City fully recognized the zoo and the Zoo Association and
the benefits to the City of Fort Worth. He added that he was glad that the City did not have to fund
retirement benefits, health benefits, etc., for the City of Fort Worth park employees to manage and
operate the zoo. He added the Zoo Association did a great job at that function and the City was glad
that they would continue to do so. He stated that it was an incredible impact on the City.
Council Member Burns indicated that the action of the City Council on this agenda item was going to
be to grant authority to the City Manager and the City Attorney to finalize the terms of the agreement.
He added once the contract had been finalized, it would be published on the City's web site and made
public. He stated that this would give the public the opportunity to look at each and every word that
was part of that agreement.
Council Member Burns expressed appreciation to the City Manager and other City staff for their work
with him in this process. He also expressed appreciation to the participating neighborhoods and he felt
this endeavor was made better by the prudent involvement of the citizens. He added that everyone
should be reminded that public process and public input made for a better product.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 16 of 31
(C-24194 Continued)
Council Member Hicks also expressed appreciation for the public process and reiterated the need to
involve the citizens. She also expressed appreciation to Council Member Burns for his work in this
endeavor in a short period of time.
Mayor Moncrief also spoke about the quality of the zoo and its ranking in the nation, the large amount
of revenues that the City received from the zoo and the competition of the zoo with the zoo in the City
of Dallas as to recruitment of employees. Council Member Jordan also expressed appreciation to City
Manager Fisseler for his work and to the Mike Fouraker, Executive Director of the Fort Worth Zoo and
the Zoo Association Board Members. He advised of wonderful memories he had as a child visiting the
zoo and also current visits by his grandchildren. He reaffirmed that the zoo's goals, master plan and
services to the citizens were to be commended for what they were providing to the community and the
neighborhoods were saying they wanted to be part of the zoo process. He also commended Council
Member Burns for all of his work in this endeavor. He explained the reason that the contract with the
zoo was for 20 years was because 20 years gave the zoo the ability to finance the kinds of capital
improvements, i.e., such as the $130,000,000, that now belonged to the citizens of Fort Worth, i.e.,
Museum of Living Art (MOLA), and he looked forward to the next addition.
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C-24194 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
2.M&C C-24203 - Authorize the City Manager to Execute a Contract in the Amount of
$2,611,672.61 with the Fain Groin, Inc., for the Hyde Park Transit Plaza and the Ninth Street
Iroveents Proieet from Throckorton Street to Jones Street, Contingent Upon Receipt of
the Hyde Park Transit Plaza Grant per Mayor and Council Communication No. G-16909;
Authorize the Accept nee of a $102000.00 Non-Grant Contribution from the Fort Worth
Transportation A t ority for the Ninth Street Improvements Proieet; and Adopt a
Appropriation Ordinance Inereasin the Critical
Capital Proieets Fund in the Amount of$10,000.00, Upon Receipt of the Contribution.
Council Member Burns stated this would completely change the streetscape on Ninth Street from the
Intermodal Transportation Center to north of City Hall and advised the project would be completed by
Superbowl 2011.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24203 be approved with appreciation and
Appropriation Ordinance No. 19134-05-2010 be adopted. The motion carried unanimously
nine (9) ayes to zero (0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 17 of 31
3.M&C C-24204 - AdoEgnr t an A opriation Ordinance Increasing the Estimated Receipts and
ADDroDriations in the Storm Water Utilitv Fund in the Amount of$1,000,000.004 Decreasing
the Unreserved, Balance, for the_PurRose of Transferring Said Funds to the
Storm Water Capital Projects Fund; and Authorize the Transfer from the Storm Water Utility
Fund to the Storm Water Capital Projects Fund, Adopt an Anoronriation Ordinance Increasing
the Estimated Receipts and Appropriations in the Storm Water Capital Projects Fund from
Available Funds, for the Purpose of Funding the Miscellaneous Storm Drain Improvements
Contract; and Authorize the City Manager to Execute the Second Renewal of City Secretary
Contract No. 38360 with Tri Tech Construction, lne.,in an Amount U12 to $1,000,000.00.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-24204 be approved and Ordinance Nos. 19135-05-2010 and
19136-05-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)nays.
4.M&C C-24205 - Authorize the City Manager to Execute an Agreement with Burlington
Northern Santa Fe Railway in an Amount Up to $95,000,0 0.00 for the Design and Construction
of the Relocated Railroad Mainline and Connector Track and Conveyance of Right-of-Way to
the City for the Alliance Fort Worth_Airport Runway Extension Project.
Council Member Espino explained that Alliance Airport was opened in 1989 and was responsible for
thousands of jobs and millions of dollars in economic impact. He stated this was a huge project and
expressed appreciation to all parties involved in the agreement.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-24205 be approved with appreciation. The motion
carried unanimously nine (9) ayes to zero (0)nays.
XV.ZONING HEARING
1.jLqpDeared that the Cit Docket No.
ZC-10-038 - Jerry Wayne Moonelham, 10305 North Freeway from "K" Heavy Industrial to
"PD/K" Planned Devel2nffiLnt for All Uses in "K" Heavy Industrial Plus Indoor Shooting
Range; Site Plan Included. (Recommended forAp2roval)
Mr. James R. Laney, 5901 Riverbend Place, appeared before Council in support of Zoning Docket No.
ZC-10-038 and stated the facility would meet or exceed all city, state, and federal standards and
guidelines related to safety measures, training and building design.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 18 of 31
(ZC-10-038 Continued)
Mr. Blue Rannefeld, 7337 Chambers Lane, Attorney representing the adjacent property owner and
Weinchester Gallery, appeared before Council in opposition to Zoning Docket No. ZC-10-038 and
advised that a lawsuit relative to this request had been filed. He also advised that the applicants who
would be operating the proposed gun range were inexperienced and had never operated a gun range
and requested Council deny this item. He pointed out areas of the site plan that were unsafe in his
opinion and the lack of detailed information in the site plan as to noise abatement, ventilation, etc. He
stated the property owner next door were opposed to this request as it would decrease the value of their
property. He also stated that the health hazards associated with lead were a concern for the patrons of
the shooting range as well as the surrounding businesses.
Council Member Espino clarified a lawsuit involving trade secret violations related to Winchester Gun
Gallery and the applicant's agent had been filed, but that were no temporary restraining orders or
injunctions issued at this time.
Council Member Hicks requested clarification of what type of business was located next door to the
proposed shooting range.
Mr. Rannefeld stated there was a heavy machinery business located on the property next to the
proposed shooting range and an adult nightclub on the other side of the heavy machinery business.
Those locations were identified to the Council on an aerial photograph.
Council Member Espino requested that Mr. Laney clarify that the building in question would meet or
exceed all guidelines set forth for operation of an indoor shooting range.
Mr. Laney clarified that the facility would meet or exceed all guidelines set forth for operation of an
indoor shooting range. He further stated that the reason the site plan was not more detailed with all of
the build out specifications was because it was not required on the initial site plan.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-10-038 be approved. The motion carried unanimously nine (9) ayes to zero
(0)nays.
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official
newspaper of the City of Fort Worth, on April 19, 2010. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 19 of 31
2.Zoning Doe et No. ZC-10-017 A & C - City of Fort Worth Planning and Development,901 W.
Vickery and 1400 Hemphill Street from "NS-T4" Near Southside-General Urban, ' NS-T5" Near
Southside-Urban Center to Add "DD" Demolition Delav Overlay. (Recommended for ADDroval
as Amended, Deny Without Prejudice 901 W.
J_
Motion: Council Member Hicks made a motion, seconded by Council Member Bums, that Zoning
Docket No. ZC-10-017 be approved as amended and to deny without prejudice 901 W.
Vickery. The motion carried unanimously nine (9) ayes to zero (0) nays.
3.Zoning Docket No. ZC-10-035 - T. Jordan Towing, Inc. 5317 Mansfield Highwav from "I",
Light Industrial "K" Heavy Industrial to "PD/I" Planned Development for All Uses in "I" Light
Industrial Plus Gambling Facility, Site Plan Waiver Requested. (Recommended for Denial)
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC-10-035 be denied. The motion carried unanimously nine (9) ayes to zero (0)
nays.
4.Zonin2 Docket No. ZC-10-037 - Jeannie Shaw-Baumgardner, 9501, 9503, 9507, an 9509 Santa
Clara from "A-5" One-Family to "I" Light Industrial. (Recom ended for Denial without
LreLudicej
Mr. Michael Biggs, representative, 8008 Camp Bowie West, appeared before Council in support of
Zoning Docket No. ZC-10-037 and requested rezoning of the property to "I" Light Industrial. He
stated that he had received support from the school located in close proximity and added that three (3)
families out of 500 families expressed opposition to the zoning change. He advised that the property
would be a storage facility for large cigarette type boats and would be a secure location.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC-10-037 be continued until the May 18, Council meeting. The
motion carried unanimously nine (9) ayes to zero (0)nays.
5.Zoning Docket No. ZC-10-057 - Tufa Properties, LLC, 3320 NE 28th Street from "E"
Neighborhood Commercial to "FR" General Commercial Restricted. (Recommended for Denial
without Prejudice)
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC-10-057 be remanded back to the City Zoning Commission for
reconsideration. The motion carried unanimously nine (9) ayes to zero (0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 20 of 31
6.Zoning Doe et No. ZC-10-058 - Riverbend East, I L.P.2 2051 Tennis Drive from "G" Intensive
Commercial to "J" Medium Industrial. Recommended for Approval)
Mr. Brett Schnitzius, 3501 Fort Hunt Drive, Arlington, Texas 76016, appeared before Council in
support of Zoning Docket ZC-10-058 and stated the property would be a storage facility for PODS and
advised that most of the PODS were away from the property on loan throughout the year. He stated the
facility would be secure and safe and was compatible with the area.
Mr. David Pendley, 813 Highwoods Trail, appeared before Council in opposition to Zoning Docket
ZC-10-058 and stated the use was not compatible with the area. He advised that the units were stacked
too high and pointed out that aerial photography showed that more PODS were stored at the facility
year round than the applicant was stating. He added that were no other business in the area utilizing
outside storage and requested the zoning change be denied.
Mayor Pro tem Scarth advised that all properties at this location already had industrial zoning.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-058 be approved. The motion carried unanimously nine (9) ayes
to zero (0)nays.
7.Zoning Doe et No. ZC-10-059 - James Weaver, 3115 Laehland Road from "E" Neighborhood
Commercial to "PD/E" Planned Develon ent for All Uses in "E" Neighborhood Commercial
Plus Gambling Facility, Site Plan Waiver Requested. (Reeoended for Denial)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-10-059 be denied without prejudice. The motion carried
unanimously nine (9) ayes to zero (0)nays.
8.Zoning Docket No. ZC-10-060 - Chinh Nouyen, 2901 Miller Avenue from "A-5" One-Famil
to "ER" Neighborhood Commercial Restricted. (Recommended for Approval)
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Zoning
Docket No. ZC-10-060 be approved. The motion carried unanimously nine (9) ayes to zero
(0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 21 of 31
9.Zoning Docket No. ZC-10-061 - Willie Faggett, 3854 Miller Avenue from "E" Neighborhood
Commercial to "FR" General Commercial Restricted. (Recommended for Denial without
LreLudicej
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-10-061 be denied without prejudice. The motion carried unanimously nine
(9) ayes to zero (0)nays.
10.Zoning Docket No. SP-10-002 - Courtyards at T Iver Park/Eta], 3201 Ri er Park Lane Southg
Site Wan to amend PD-849. (Recommended for Approval)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Bums, that
Zoning Docket No. SP-10-002 be approved. The motion carried unanimously nine (9) ayes
to zero (0)nays.
11.Zoning Docket No. SP-10-003 - R.G. Mucklerov, 6500 Bridge Street Site Plan for_ELqposed
Texas Department of Criminal Justice Fort Worth District Parole Office. (Recommended for
Anar-01-a-11
Mr. R.G. Muckleroy, P.O. Box 5335, Granbury, Texas, completed a speaker card in support of Zoning
Docket No. SP-10-003, but did not wish to address the Council.
Motion: Mayor pro tem Scarth made a motion, seconded by Council Member Hicks, that Zoning
Docket No. SP-10-003 be continued until the June 8, 2010 Council meeting. The motion
carried unanimously nine (9) ayes to zero (0)nays.
12.Zoning Docket No. ZC-10-062 - Jim Ayres / T Iver District Holdings, LLC, 3572 3592 4072 &
409 Foch Street; 2729 Azalea Avenue 2740 Merrimac Street and 2700 block of Mercedes Avenue
from "R2" Townhouse/Cluster to "UR" Urban Residential. (Recommended for A
Motion: Council Member Bums made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC-10-062 be continued until the June 8, 2010. The motion carried
unanimously nine (9) ayes to zero (0)nays.
13.Zoning Docket No. ZC-10-063 - Jesus Blanco, 2510 McKinley Street from "C" Medium
Density-Multi-Fa milv to "FR" General Commercial Restr mended for Anoroval as
Amended
Mr. Jesus Blanco, 6216 Big Bend Street, completed a speaker card in support of Zoning Docket No.
ZC-10-063, but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 22 of 31
(ZC-10-063 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-10-063 be approved. The motion carried unanimously nine (9)
ayes to zero (0)nays.
(Council Member Espino left his place at the dais.)
14.Zoning D eket No. ZC-10-064 - City of Fort Worth Housing and Economic
Develooment/Glass Wall Real Estate, 4705 Miller Avenue from "E" Neighborhood Commercial
to "PD/E" Planned Development for All Uses in "E" Neighborhood Commercial Excluding the
Sale or Service of Alcohol-Site Plan Waiver Recommended, (Recommended for Ap2rovall
Mr. Michael Farah, 1801 West Pioneer Parkway, Arlington, Texas, completed a speaker card in
support of Zoning Docket No. ZC-10-064, but did not wish to address the Council.
Motion: Council Member Moss made a motion, seconded by Council Member Bums, that Zoning
Docket No. ZC-10-064 be approved. The motion carried unanimously eight (8) ayes to zero
(0)nays and with Council Member Espino absent.
(Council Member Espino returned to his place at the dais.)
15.Zoning Docket No. ZC-10-065 - U.T. Southwestern Moncrief Cancer Center, 1208-1210 St.
Louis Avenue from "NS/T4N" Near Southside-General Urban Neighborhood to "NS/T5" Near
Southside-Urban Center. (Recom ended for A
Mr. Phillip Poole, 2918 Wingate Suite 100, completed a speaker card in support of Zoning Docket No.
ZC-10-065, but did not wish to address the Council.
Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-065 be approved. The motion carried unanimously nine (9) ayes
to zero (0)nays.
16.Zoning D eket No. ZC-10-067 - City of Fort Worth Housing and Economic
Develol2ment/Minh Bui, 4611 Miller Avenue from "E" Neighborhood Commercial to "PD/E"
Planned Development for All Uses in "E" Neighborhood Commercial Excluding the Sale or
Service of Alcohol; Site Plan Waiver Recommended. (Ree mmended for Approval)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-10-067 be approved. The motion carried unanimously nine (9) ayes to zero
(0)nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 23 of 31
17.Zoning Docket No. ZC-10-068 - IST Land, Ltd., 1159 Freeman Street from "E"
Neighborhood Commercial to "A-5" One-Family. (Recommended for A�r�roval)
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-10-068 be approved. The motion carried unanimously nine (9) ayes to zero
(0)nays.
18.Zoning Docket No. ZC-10-069 - IST Land, Ltd., 1006 E. Daggett from "J" Medium Industrial
to "A-5" One-Family. (Recommended for Approval)
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-10-069 be approved. The motion carried unanimously nine (9) ayes to zero
(0)nays.
19.Zoning Docket No. ZC-10-070 - City of Fort Worth Council, 3735 E. Belknap Street; 5907,
67594--4014 E. Lancaster Avenue; 3728, 4074 E. Rosedale Street; 900, 1008 E. Berm Street; 800,
1146 E. Seminary Drive, 3137 Mansfield Highway; 1024 Oak Grove Road; 4041 McCart
Avenue; 4201 Hemphill Street; 5228 James Avenue; and 6631 McCart Avenue from "E"
Neighborhood Commercial, "MUml" Low Intensity Mixed-Use, and "PD-700" Planned
Develoo ent to "PD/E" Planned Develoo ent for All Uses in "E" Neighborhood Commercial
Plus Pawn Shores, "PD/MU-1 Planned Develoent for All Uses in "MU-1" Low Inixed
Use Plus Pawn Shores, and Amend PD-700 to Include Pawn Shots, Site Plan Waiver Requested.
(Recommended for Denial without Pr�iudice)
The following individuals appeared before Council in support of Zoning Docket No. ZC-10-070 and
stated that the zoning change would allow them to rebuild their businesses, should the property be
damaged beyond repair. They stated that pawn shops were respectable businesses that offered options
and loans to people who would not be approved by a bank due to poor credit or the small loan amount.
They pointed out that pawn shops were secure facilities that were constantly patrolled by the Police
Department and added that pawn shops fully cooperate with investigations of stolen items. They
pointed out that lists of all items that were pawned were forwarded to the Police Department so they
may cross check for stolen items and stated that any confirmed stolen property was turned over to the
Police Department immediately. They advised of the misconceptions related to high interest loans and
stated they were legally not able to charge the alleged 500% interest and the allegations were not true.
They requested the Council consider their property rights and approve the zoning request.
Ms. Vikki Scroggs, 7436 Meadowbrook Drive
Mr. Bobby Whitehead, Jr., 1415 South Main Street
Mr. Russell Walters, 1008 East Berry Street, completed a speaker card in support of Zoning Docket
No. ZC-10-070, but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 24 of 31
(ZC-10-070 Continued)
The following individuals appeared before Council in opposition to Zoning Docket No. ZC-10-070 and
stated that pawn shops were unsafe areas where people congregated to use drugs and engage in other
criminal behavior. They stated that pawn shops encouraged theft of property and gave criminals
options to turn over the stolen goods quickly. They pointed out that they needed more restaurants and
grocery stores in the area and pawn shops did not encourage economic development. They stated that
payday lenders were robbing their patrons by charging exorbitant interest rates which preyed upon the
poor. They stated that the Cash America land donation to the City for the 7th Street bridge project was a
bribe for this zoning case to be approved. They requested the Council listen to the majority of the
citizens who were opposed to the zoning change and deny the request.
Ms. Deidra Norris, President, West Meadowbrook Neighborhood Association, 4300 Arden Place
Ms. Juna Allen Harris, representing Morningside Neighborhood Association, 1037 Colvin Street
Mr. David Thrapp, representing Fairmount Neighborhood Association, 1418 Washington Avenue
(provided a letter)
Ms. Libby Willis, representing Fort Worth League of Neighborhoods, 2300 Primrose (provided a letter
and list of neighborhoods who were opposed to the rezoning)
Ms. Barbara Ellis, 1812 Martel Avenue(handout)
Ms. Charlotte Sobel, 3101 Binyon Avenue
Mr. Fernando Florez, 2740 Hemphill
Ms. Eunice Givens, 5500 Stafford Drive
Ms. Beverly Branham, 6487 Woodstock Road
Ms. Rita Vinson, 6216 Dovenshire Terrace
Mr. Paul Hunter, 2700 Waits Ave
Mr. Cleveland Harris, 1037 Colvin (provided handouts and pictures)
Ms. Mary Bailey-Williams, 2521 Malvern
Mr. Robert Snoke, 3826 6th Avenue
Ms. Annette Kellum, 4017 Ryan Avenue
Ms. Marie Love, representing Glencrest Civic League Neighborhood, 4832 Glen Eden Drive (handout)
Mr. Martin Guerara, 4009 8th Avenue
Mr. Michael Phipps, 4451 Normandy Road
Ms. Hazel James, 5021 Cottey Street
During the speaker presentation by Libby Willis, Council Member Zimmerman requested written
clarification of who she talked with regarding the neighborhood associations in his district that were
shown on the handout information. He indicated that he was receiving conflicting information that
they had not approved the use of their association for the list presented.
There was further discussion by Council member Jordan and Mayor Moncrief on the list of
neighborhood associations, what the list represented and how contacts were made.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 25 of 31
(ZC-10-070 Continued)
The following individuals completed a speaker card in opposition to Zoning Docket No. ZC-10-070,
but did not wish to address the Council:
Mr. Pat Donaldson, President, Southbrook Park Neighborhood Association, 8029 Ashridge Road
Reverend Wendell Cass, 912 East Ramsey
Ms. Wanda Conlin, 1755 Martel Avenue
Ms. Laura Meeks, 5640 Conlin Drive
Ms. Jann Miles, 2156 Morning Glory Avenue
Ms. Peggy Shelton, 4412 Sahara Place
Ms. Mar'Tayshia James, 5021 Cottey Street
Ms. Melinda Hamilton, 6255 Truman Drive
Ms. Eula Smith, 2900 Dillard Street
Mr. Carl Anderson, 6278 Truman Drive
Mr. Harvey Roberts, representing Central Meadowbrook Neighborhood Association, 1651 Watson
Road
Ms. Wendy Cowans, 4925 Rickee Drive
Mr. Randell Means, 1941 Berkeley Place
Ms. Judith Stempel, 3317 Bristol Road
Ms. Melissa Wade, 2700 Waits Avenue
Ms. Vicki Bargas, 301 East Drew
Mr. Donald Davis, 900 Morningside Drive
Ms. Martha Davis, 900 Morningside Drive
Mr. Edward Sakerka, 4451 Normandy Road
Mr. Don Drake, 1600 Canterbury Circle
Ms. Shelly Harper, 6301 Cahoba Drive
Mr. Truman Marshall, 6209 Dovenshire Terrace
Ms. Torchy White, 1812 Bunche Drive
Ms. Cristina Snoke, 3826 6th Avenue
Mr. Paul Millender
Ms. Gena Kimble, 6236 Brentwood Drive
Ms. Jane Mergerson, 1829 Lucas Drive
Mayor Moncrief clarified for the audience that there were two (2) businesses, Cash America, L.P. and
the Keith Law Firm, P.C., which donated right-of-way of land to provide for sidewalks to the City for
the West 7th Street Bridge Project. He stated that the donation had nothing to do with the zoning case
and nothing to do with bribery.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 26 of 31
(ZC-10-070 Continued)
Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Espino, Zimmerman, Moss, Jordan,
and Burdette all stated they would support this zoning request because it was a property rights issue.
They expressed appreciation to all of the citizens and business owners, on both sides of the issue, for
attending the meeting and stating their concerns. They advised that the zoning change only allowed for
the 13 pawn shops in question, to rebuild their businesses should they be damaged beyond repair; and
it did not allow for more pawn shops to be built in those areas. They stated that there were already laws
in place where another pawn shop could not build or relocate within two (2) miles of another pawn
shop. They referenced numerous malicious emails that were received on this issue and also reiterated
that the Cash America right-of way donation was not a bribe. They stated that this zoning corrected a
2006 Council decision made about these pawn shops that violated their property rights and the right
thing to do was to approve the zoning change.
At the request of the Council, Dana Burghdoff, Deputy Director of Planning and Development
Department,presented and reviewed various maps showing the locations of the subject pawn shops
and other pawn shops located throughout the City. She used the maps to illustrate the distance
requirements between pawn shops and the fact that additional shops could not be developed in the
subject locations.
Council Members Burns and Hicks advised they were opposed to this request and stated the majority
of the emails, phone calls, and letters they had received were also in opposition. They stated that most
pawn shops had numerous code violations and did not follows the zoning rules. They further stated
that the majority of the pawn shops were located in District 8 and that the Council should respect the
decision of the District 8 Council Member to choose what was best for the area. They stated that they
represented the entire City, but would honor the citizens in their districts by voting in opposition.
There was considerable discussion on the appropriate wording for the motion for this agenda item.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department clarified the motions
and amendments that were on the floor and stated the motion would be: "PD/E" Planned Development
for all uses in "E" Neighborhood Commercial plus pawn shops, "PD/1\4U-1 Planned Development for
all uses in "MU-1" Low Intensity Mixed Use plus pawn shops, and amend PD-700 to include pawn
shops; site plan required upon application for building permit for new construction or modification of
building footprint.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Zoning
Docket No. ZC-10-070 be approved as amended and stated previously by Ms. Burghdoff.
The motion carried seven (7) ayes to two (2) nays, with Council Members Hicks and Burns
casting the negative votes.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 27 of 31
20.Zoning Docket No. ZC-10-071 - City of Fort Worth Planning & Development Department,
2201 Oak Hill Drive from "A-5" One-Family to "A- 3" One-Family, Recommended for
a R royal
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. ZC-10-071 be approved. The motion carried
unanimously nine (9) ayes to zero (0)nays.
21.Zoning Docket No. ZC-10-072 - City of Fort Worth Planning Develot� ent, West
Meadowbrook Neighborhood, Phase 5, Generally Bounded by Riverside Drive, East Freeway (I-
30), Lancaster , Collard Street,reet, and the Union Pacific Railroad from "B" Two-Fam
"C" Medium Densitv Multi-FaffiL1L_LER"_Neighborhood Commercial Restricted, ' E"
Neighborhood Commercial "IT" General Commercial, "I" Light Industrial., "J" Medium
Industrial, and "PD-343" Planned Development to "A-5" One-Family, "B" TwgaFamily,_"C"
Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial "FR" General Commercial Restricted, era]
Commercial, and "I" Light Industrial. (Recommended for App oval as Amended and to
Continue 2116 E. Lancaster)
The following individuals completed a speaker card in support of Zoning Docket No. ZC-10-072 and
stated this was an important part of the revitalization of the Lancaster Avenue corridor. They stated
that Phase 5 of their rezoning allowed for redevelopment of the business district of the West
Meadowbrook Neighborhood. They pointed out that the proposed zoning changes would help lower
crime and homelessness in the area and help attract reputable businesses.
Ms. Wanda Conlin, 1755 Martel Avenue (read a letter from an East Fort Worth Business Association
member regarding meeting held on January 27, 2010, into the record.)
Ms. Deidra Norris, President, West Meadowbrook Neighborhood Association, 4300 Arden Place
Ms. Rita Vinson, 6216 Dovenshire Terrace
Mr. Michael Phipps, 4451 Normandy Road
Mr. Harvey Roberts, representing Central Meadowbrook Neighborhood Association, 1651 Watson
Road
The following individuals completed a speaker card in support of Zoning Docket No. ZC-10-072, but
did not wish to address the Council:
Ms. Alyson Farmer, 4304 Kenwood Court
Mr. Edward Sakerka, 4451 Normandy Road
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 28 of 31
(ZC-10-072 Continued)
The following individuals completed a speaker card in opposition to Zoning Docket No. ZC-10-072
and stated that restricting the sale of alcohol in businesses along Lancaster Avenue would not reduce
homelessness or the crime rate. They further stated that potential tenants were not renting their
properties because of the current zoning and they felt that further restrictions lessened the chances of
leasing those properties even further. They stated the value of the property would go down and
reputable restaurants and bars would not relocate to the area with such restrictions. They added that the
proposed restrictions were an infringement on the property rights and that some property owners were
unaware of the proposed zoning changes and requested this item be continued for further discussions.
Mr. Al Gibbs, 2515 East Lancaster Avenue
Mr. Mike Sadler, 4100 Old Mansfield Road
Ms. Cynthia Morrison, 2242 East Loop 820
Ms. Dana Burghdoff, Deputy Director, Planning and Development, read an email from Ms. Beth
Knight, Senior Planner, Planning and Development Department, detailing the meetings that were held
with constituents regarding this matter beginning August 17, 2009.
Council Member Hicks stated she believed all property owners in the area were properly notified and
as she also attended many of the meetings. She stated that the "FR" General Commercial Restricted is
less restrictive than the current"ER" Neighborhood Commercial Restricted.
Council Member Moss requested clarification if the zoning would change on 2515 East Lancaster
Avenue.
Ms. Burghdoff clarified that the property would not be affected.
Council Member Hicks also confirmed to Mr. Gibbs that his recording studio located at 2515 East
Lancaster would not be affected and the zoning would not change.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-072 be approved as amended. The motion carried eight (8) ayes
to one (1)nay, with Council Member Moss casting the negative vote.
Mayor Moncrief stated that City Attorney Yett had advised him that Zoning Docket Nos. ZC-10-074,
ZC-10-075, and ZC-10-076, were City initiated rezoning and could be heard by one motion.
22. Zoning Docket No. ZC-10-074 - City of Fort Worth Planning and Development, 1013
Osborne Lane from "B" Two-Family to "A-5" One-Family. (Recommended for Approval)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 29 of 31
23.Zoning Doe et No. ZC-10-075 -_City of Fort Worth Planning and Development, 1305 Johnson
Street from "J" Medium Industrial to "I" Light Industrial. (Recom ended for A
24.Zoning Docket No. ZC-10-076 - Clty of Fort Worth Planning and Development, 4301 East
Rosedale Street from "I" Lia-ht Industrial to "ER" Nei d Commercial Restricted.
fRecommended for Approval)
Motion: Council Member Moss made a motion, seconded by Council Member Bums, that Mayor
and Council Communication Nos. ZC-10-074, ZC-10-075 and ZC-10-076 be approved.
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 Moss made a motion, seconded by
Council Member Bums, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19132-05-2010
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.
XVI. CITIZEN PRESENTATIONS
Ms. Exie Walker, 5132 Goodman, completed a citizen presentation card and was recognized by Mayor
Moncrief, but did not wish to address the Council.
Mr. Vernon Hoyle Jr., P.O. Box 50475, appeared before Council regarding unemployment and
background checks. He stated that it was very difficult for individuals with criminal backgrounds to
find employment and requested assistance to obtain job opportunities.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
May 4, 2010
PAGE 30 of 31
(XVI. CITIZEN PRESENTATIONS Continued)
Mr. Hoyle was referred to District 8 Aide Will Trevino for the contact information of several local
organizations that assist with work and society re-enter for individuals with a criminal background.
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that pawn shops were safe
and secure places of business. He displayed a photograph of donations received for the Animal Control
Center and encouraged everyone to donate and save the lives of pets. He also stated that the union
workers at The T were facing discrimination on the basis of appearance and whether or not they
smoked cigarettes. He displayed photographs of various Teamsters union 745 workers picketing at the
convention center and suggested they get with The T workers. He provided a copy of a
newspaper article entitled, "Texas Jobless Rate Hit 8.3% in December" showing donated food for the
homeless sitting on the sidewalk and complained about the how the photo was taken. He stated his
support for the Police Department and added that there had been many positive changes since Chief
Halstead was hired.
The following individuals appeared before Council and spoke regarding the proposed gas well near
Westridge and Bryant Irvin. They stated that Chesapeake was providing inaccurate and deceptive
information to area residents regarding the gas well and waivers. They requested that Council review
and verify all waivers that were received as some might not be legitimate. They further stated that the
property in question was surrounded by residences and requested the Council deny any requests for
drilling in the area.
Ms. Bobbie Shosty McCurdy, 3817 Birkdale Drive Ms. Jessica Grace, 3831 Birkdale Drive
Mr. Justin Grace, 3831 Birkdale Drive Ms. Rebecca Lawton, 4500 Westridge Avenue
Ms. Susan Alanis, Planning and Development Director advised the Council that Chesapeake had not as
of this date submitted the paperwork or requested a permit for this location.
XVIII. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:35 a.m. in memory of Ms. Roxy
Stevenson, who was a community leader and volunteer and wife of former Council Member John
Stevenson, who passed away on April 29, 2010.
These minutes approved by the Fort Worth City Council on the 1 lth day of May, 2010.
Attest: Approved:
Marty Hendrix Michael J. Moncrief
City Secretary Mayor