agenda benbrook city council thursday, june 4, 2015 911 winscott

AGENDA
BENBROOK CITY COUNCIL
THURSDAY, JUNE 4, 2015
911 WINSCOTT ROAD, BENBROOK, TEXAS
PRE-COUNCIL WORKSESSION 7:00 P.M.
CENTRAL CONFERENCE ROOM
1. Review and discuss agenda items for regular meeting
REGULAR MEETING 7:30 P.M.
COUNCIL CHAMBERS
ALL AGENDA ITEMS ARE SUBJECT TO FINAL ACTION
I. CALL TO ORDER
II. INVOCATION/PLEDGE OF ALLEGIANCE
Invocation To Be Given By Pastor Parkey Cobern Of Capstone Church
III. MINUTES
1. Approve Minutes Of The Regular Meeting Held May 21, 2015
Documents:
CC MINUTES-05-21-15.PDF
IV. PROCLAMATIONS/AWARDS/RECOGNITION
1. Proclamation - Allied Memorial Remembrance Day
Documents:
PROCLAMATION ALLIED MEMORIAL RIDE INFORMATION.PDF
V. PRESENTATION BY MAYOR AND MEMBERS OF COUNCIL
CC-2015-04 Accept Resignation From Kevin Thompson - BEDC Place 7
Documents: CC-2015-04 EDC VACANCY.PDF, CC-2015-04 EDC RESIGNATION
PLACE 7.PDF
CC-2015-05 Request Approval For Excused Absence Per Homerule Charter Provision - Jim
Wilson
Documents:
CC-2015-05 REQUEST EXCUSED ABSENCE - JIM WILSON.PDF
VI. PRESENTATION BY ECONOMIC DEVELOPMENT CORPORATION
EDC-2015-02 Approve Sign Variance Modification To Increase The Commercial Area Of The
Benbrook Economic Development Corporation Sign Located At 8501 Benbrook Blvd.
Documents:
EDC-2015-02 SIGN VARIANCE 8501 BENBROOK BLVD.PDF
VII. PRESENTATION BY PLANNING AND ZONING COMMISSION
PZ-2015-02 Adopt An Ordinance Amending Chapter 17.16.090 - Board Of Adjustment,
Authorized Special Exceptions, Of Title 17 - Zoning Of The Benbrook Municipal Code
Documents: PZ-2015-02 AMEND TITLE 17 AUTHORIZED SPECIAL
EXCEPTIONS.PDF, PZ-2015-02 ORDINANCE TITLE 17.PDF
VIII. REPORTS FROM CITY MANAGER
A. GENERAL
G-2189 Approve Agreement With Fort Worth ISD For Construction Of A Baseball Field
Complex And For The Improvements/Use Of Tennis Courts In Dutch Branch Park
VIII. REPORTS FROM CITY MANAGER
A. GENERAL
G-2189 Approve Agreement With Fort Worth ISD For Construction Of A Baseball Field
Complex And For The Improvements/Use Of Tennis Courts In Dutch Branch Park
Documents: G-2189 FWISD USE AGREEMENT BALL FIELD.PDF, G-2189 FWISD
SUBLEASE.PDF
IX. INFORMAL CITIZEN COMMENTS
State Law Prohibits Any Deliberation Of Or Decisions Regarding Items Presented In
Informal Citizen Comments. City Council May Only Make A Statement Of Specific Factual
Information Given In Response To The Inquiry; Recite An Existing Policy; Or Request Staff
Place The Item On An Agenda For A Subsequent Meeting. The Exception To Informal
Comments Is That Once An Election Date Has Been Set By City Council Comments
Relative To Elections Will Not Be Broadcast On The City’s Cable Channel. However, A
Copy Of The Tape Containing Citizens’ Comments Will Be Available At City Hall For Review
Or Purchase By Interested Citizens.
X. COUNCIL MEMBER AND STAFF COMMENTS
Announcements From City Councilmembers And City Staff May Be Made For Items To
Include: Expression Of Thanks; Congratulations; Condolence; Recognition Of Public
Officials, Employees Or Citizens; Information Regarding Holiday Schedules; Reminders Of
Community Events Or Announcements Involving An Imminent Threat To The Public Health
And Safety Of The Municipality That Has Arisen After The Posing Of The Agenda. No
Discussion Or Formal Action May Be Taken On These Items At This Meeting.
XI. ADJOURNMENT
MINUTES
OF THE
MEETING OF THE
BENBROOK CITY COUNCIL
THURSDAY, MAY 21, 2015
The regular meeting of the Benbrook City Council was held on Thursday May 21, 2015 at
7:30 p. m. in the Council Chambers at 911 Winscott Road with the following Council
members present:
Jerry Dittrich, Mayor
Renee Franklin
Larry Marshall
Rickie Allison
Jim Wilson
Mark Washburn
Ron Sauma
Also Present:
Andy Wayman, City Manager
Dave Gattis, Deputy City Manager
Joanna King, City Secretary
Sherri Newhouse, Finance Director
Others Present:
Ed Gallagher, Planning Director
Bill Smith
JoAnn Marshall
Jonathan Lee
Shelly Mayer
Patricia Clark-Lee
Susan Hill
Stephanie Torres
Valorie Bedford
Jodi Wilson
Sajade Miller
Jennifer Sayles
Vanessa Adia
Oscar Adams
Katie Fonville
James Wellman
and approximately 31 other citizens
I.
CALL TO ORDER
Meeting called to order at 7:30 p. m. by Mayor Dittrich.
1
II.
INVOCATION/PLEDGE OF ALLEGIANCE
Invocation given by Joe Hines member of Wyatt Drive Baptist Church.
The Pledge of Allegiance was recited.
III.
MINUTES
1.
Minutes of the Regular Meeting held May 7, 2015
Motion by Dr. Marshall, seconded by Mr. Washburn to approve the minutes of the
regular meeting held May 7, 2015.
Vote on the Motion:
Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr.
Washburn, Mr. Sauma
Noes: None
Motion carries unanimously.
IV.
PROCLAMATION/AWARD/RECOGNITION
1. Proclamation – Teachers of the Year for Schools serving Benbrook
Students
Mayor Dittrich presented Proclamations to the following Fort Worth ISD Campus
Teachers of the Year for 2014-2015 serving Benbrook students:
Benbrook Elementary
Westpark Elementary
Waverly Park Elementary
Leonard Middle School
Benbrook Middle School
Western Hills High School
Jonathan Lee
Patricia Clark-Lee
Stephanie Torres
Jodi Wilson
Jennifer Sayles
Katie Fonville
Mayor Dittrich also presented a Proclamation to Vanessa Adia, teacher at
Benbrook Middle School for receiving the Devon Energy Teaching Chair for
Excellence for Secondary Science.
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V.
REPORTS FROM CITY MANAGER
A. GENERAL
G-2185
Accept Finance report for the period ending April 30, 2015
Sherri Newhouse gave the following report: General Fund revenues for the month
of April were $502,176. Property tax collections were $62,096. Sales tax
collected in March 2015 but received by the City and recognized as revenue in
April 2015 was $162,730 for the month. General Fund revenues collected
through the end of April were $13,617,838 or 84.91% of the budget.
General Fund expenditures for the month of April were $1,771,645. This total
included the payment of $639,971 to the TIF for current property tax revenue.
Expenditures as of April 30, 2015 were $9,252,030 or 56.49% of the adopted
budget.
For the 2014-15 fiscal year-to-date, total General Fund revenues of $13,617,838
exceed General Fund expenditures of $9,252,030 by $4,365,808.
Debt Service revenues collected for the month of April 2015 were $1,948. Debt
Service expenses for April totaled $300 for agent fees.
Total Debt Service revenues for the 2014-15 fiscal year were $306,432. Total
expenditures of $1,407,900 exceed total revenues by $1,101,468.
EDC expenditures as of April 30, 2015 were $1,316,191. Total revenue was
$1,513,451. EDC revenues for the year exceed EDC expenditures by $197,260.
Total revenues received through April 30, 2015 for the Capital Projects Fund
were $686,575. Expenditures for the month of March for the Capital Projects
Fund were $53,859. Expenses for the Benbrook Boulevard project totaled
$43,708. The other expenditures were for the Usher Alley project and for the
Springbranch Drainage project. Total revenues for the fiscal year of $686,575
exceed total expenditures of $61,076 by $625,499.
On April 30, 2015, the City had $22,695,690 invested at varying interest rates;
the EDC had $6,101,712 available.
Motion by Mr. Washburn, seconded by Mr. Sauma to accept the finance report
for the period ending April 30, 2015.
Vote on the Motion:
Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr.
Washburn, Mr. Sauma
Noes: None
Motion carries unanimously.
3
G-2186
Adopt Resolution approving a negotiated settlement between
the Atmos Cities Steering Committee and Atmos Energy
Corporation, Mid-Tex Division regarding the company’s 2014
and 2015 Rate Review Mechanism Filings
Sherri Newhouse gave the following report: The City of Benbrook, along with 165
other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division
(“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). The RRM Tariff was adopted by the City as an alternative
to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that
allows Atmos to bypass the City’s rate regulatory authority to increase its rates
annually to recover capital investments. In February 2014, Atmos Mid-Tex filed
its second annual filing under the Rate Review Mechanism (“RRM”) Tariff,
seeking an increase of $45.7 million. The ACSC attempted to reach a settlement
with Atmos as it had in past years. However, a compromise was not possible
because of the wide variance between recommendations proposed by Atmos
and those offered by ACSC. On May 15, 2014, the City adopted Resolution
2014-06 denying the requested rate increase.
Atmos appealed the City’s denial to the Railroad Commission of Texas and
revised its requested increase to $43.8 million. Following a hearing in
September 2014 the Commission issued a Proposal for Decision that
recommended a reduction of only $860,000.
In February 2015, Atmos filed another rate increase request with the City under
the RRM Tariff. The City worked with ACSC to analyze the schedules and
evidence offered by Atmos to support its 2015 request to increase rates. The
Resolution, Settlement Agreement and tariffs presented tonight are the result of
these negotiations.
The purpose of the Resolution is to approve the Settlement Agreement and the
resulting rate change under the RRM tariff. As a result of the negotiations, the
Executive Committee was able to reduce the Company’s requested $28.8 million
rate increase for Mid-Tex cities to $21,962,784. When added to the settlement of
the 2014 RRM filing and the adjustments recommended by the PFD, the
Company will receive total additional annual revenues of $65.7 million. Because
the 2014 rates have been in effect since June 1, 2014, the increase to currentlybilled rates is $21 million. Approval of the Resolution will result in rates that
implement an increase in Atmos Mid-Tex’s revenues effective June 1, 2015.
Even though the 2015 RRM system-wide filing exceeded $28 million, a GRIP
filing would have resulted in excess of $38 million. ACSC has negotiated a
reduction to the 2015 filing of approximately $6 million. The net effect is
approximately $16 million better for ratepayers.
ACSC counsel deems that the Proposal for Decision by Railroad Commission
Examiners in the 2014 RRM appeal will not improve if Exceptions and Replies to
Exceptions are filed.
4
Counsel recommends action to avoid the PFD becoming a final order that would
serve as precedent in future rate proceedings.
Token benefit to ratepayers authorized in the PFD to the 2014 appeal has been
incorporated into the Settlement Agreement.
Atmos will file its formal withdrawal of its 2014 appeal only after all ACSC
members approve the Settlement Agreement.
The alternative to approval of the Settlement Agreement would be another
contested case hearing on appeal of the 2015 filing, implementation of interim
rates on June 1, 2015 at the full value of the Company’s request (or $6 million
higher than proposed by the Settlement) and continuation of the 2014 appeal
with resulting rate
Staff recommends that the Benbrook City Council approve the attached
resolution approving a negotiated settlement between the Atmos Cities Steering
Committee and Atmos Energy Corporation, Mid-Tex Division regarding the
company’s 2014 and 2015 rate review mechanism filings; approving a settlement
agreement with attached rate tariffs and proof of revenues; declaring existing
rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent
with the negotiated settlement; finding the rates to be set by the settlement tariffs
to be just and reasonable and in the public interest; requiring the company to
reimburse ACSC’s reasonable ratemaking expenses; determining that this
resolution was passed in accordance with the requirements of the Texas open
meetings act; adopting a savings clause; declaring an effective date; and
requiring delivery of this resolution to the company and the ACSC’s legal
counsel.
Motion by Mr. Wilson, seconded by Ms. Franklin to adopt Resolution No. 2015-06
approving a negotiated settlement between Atmos Cities Steering Committee
and Atmos Energy Corporation, Mid-Tex Division regarding the company’s 2014
and 2015 Rate Review Mechanism Filings.
Vote on the Motion:
Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr.
Washburn, Mr. Sauma
Noes: None
Motion carries unanimously.
Resolution No. 2015-06 being “A Resolution of the City Council of the City of
Benbrook, Texas, approving a negotiated settlement between the Atmos
Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex
Division regarding the company’s 2014 and 2015 rate review mechanism
filings; approving a settlement agreement with attached rate tariffs and
proof of revenues; declaring existing rates to be unreasonable; adopting
tariffs that reflect rate adjustments consistent with the negotiated
settlement; finding the rates to be set by the settlement tariffs to be just
5
and reasonable and in the public interest; requiring the Company to
reimburse ACSC’s reasonable ratemaking expenses; determining that this
Resolution was passed in accordance with the requirements of the Texas
Open Meetings Act; Adopting a savings clause; declaring an effective date;
and requiring delivery of this Resolution to the company and the ACSC’s
legal counsel.”
G-2187
Adopt Resolution authorizing continued participation in Atmos
Cities Steering Committee
Sherri Newhouse gave the following report: The City of Benbrook is a member of
the 165-member city coalition known as the Atmos Cities Steering Committee
(“ACSC”).
The ACSC is actively involved in rate cases, appeals, rulemakings, and legislative
efforts impacting the rates charged by Atmos. They undertake these activities on
behalf of municipalities and requires funding support from its members.
The assessment for 2015 is five cents ($0.02) per capita fee. The City of
Benbrook’s assessment for 2015 is $1,110.30 based on a population of 22,206.
Motion by Dr. Marshall, seconded by Mr. Sauma to adopt Resolution 2015-078 and
authorize payment of $1,110.30 to the Atmos Cities Steering Committee.
Vote on the Motion:
Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr.
Washburn, Mr. Sauma
Noes: None
Motion carries unanimously.
Resolution 2015-07 being “A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; AND
AUTHORIZING THE PAYMENT OF FIVE CENTS PER CAPITA TO THE
ATMOS CITIES STEERING COMMITTEE TO FUND REGULATORY AND
RELATED ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION”
G-2188
Adopt Ordinance amending Chapter 10.44 Vehicles and Traffic
of the Benbrook Municipal Code – Abandoned and Junked
Vehicles
Andy Wayman gave the following report: The Texas Legislature passed a bill in
the 83rd legislative session amending the definition of “junked vehicle” in the
Texas Transportation Code. House Bill 2305 removed all references to a motor
vehicle inspection certificate because the State of Texas will no longer require
that vehicles display an inspection certificate. Due to this statutory change, it is
necessary to amend the definition of “junked vehicle” in the Benbrook Municipal
Code, Section 10.44.020.
6
The proposed ordinance amends the definition of “junked vehicle” to remove all
references to a motor vehicle inspection certificate. No other changes are
required.
Motion by Mr. Allison, seconded by Ms. Franklin to adopt Ordinance No. 1383
amending the Benbrook Municipal Code, Section 10.44.020, removing all
references to a motor vehicle inspection certificate.
Vote on the Motion:
Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr.
Washburn, Mr. Sauma
Noes: None
Motion carries unanimously.
Ordinance No. 1383 being “AN ORDINANCE OF THE CITY OF BENBROOK
AMENDING CHAPTER 10.44 – ABANDONED AND JUNKED VEHICLES OF
THE BENBROOK MUNICIPAL CODE (1985) BY UPDATING THE DEFINITION
OF A JUNKED VEHICLE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; PROVIDING A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.”
SECTION II
PENALTY CLAUSE
Any person, firm, or corporation who violates, disobeys, omits, neglects, or
refuses to comply with or who resists the enforcement of any provisions of this
ordinance shall be fined not more than Two Hundred Dollars ($200.00) for all
violations of this ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION IX
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
VI.
INFORMAL CITIZEN COMMENTS
VII.
COUNCIL MEMBER AND STAFF COMMENTS
7
VIII.
ADJOURNMENT
Meeting adjourned at 8:20 p.m.
APPROVED:
______________________
Jerry B. Dittrich, Mayor
ATTEST:
__________________________
Joanna King, City Secretary
8
MEMO TO: Mayor Dittrich and Members of Benbrook City Council
FROM:
Joanna King, City Secretary
SUBJECT: Vacancy on Benbrook Economic Development Corporation Board
of Directors
DATE:
June 4, 2015
On May 27, 2015, the City Secretary received a letter of resignation from Kevin
Thompson, Place 7 on the Benbrook Economic Development Corporation Board
of Directors.
Mr. Thompson was appointed to Place 7 in December 2013 for a term to expire
on December 30, 2015.
Article III, Section 3.02, Vacancies of the BEDC Bylaws states “In the event of a
vacancy on the Board, the City Council may appoint a successor to serve
the remainder of the unexpired term.”
The normal process for advertising and receiving applications for the various City
Boards and Commission will begin September 2015. The application deadline
will be on or around October 30, 2015 and will be presented to City Council on
November 19, 2015 for review. It is anticipated that appointments will then be
made at the December 17, 2015 meeting.
Staff recommends City Council delay the appointment to the unexpired term until
applications have been received from all interested citizens during the normal
application process.
Joanna King
From:
Sent:
To:
Subject:
bedcplace7
Tuesday, May 26, 2015 9:34 PM
Joanna King
Resignation
I regret to inform you after much thought, I would like to submit my resignation from the EDC effective immediately. 1
Joanna King
From:
Sent:
To:
Subject:
Joanna King
Friday, May 29, 2015 11:42 AM
Joanna King
FW: Requested addition to next week's Agenda
From: Place 5
Sent: Friday, May 29, 2015 11:36 AM
To: Andy Wayman
Subject: Requested addition to next week's Agenda
Andy,
As we discussed:
Please include an Agenda Item to next week's City Council meeting requesting Approval of extended absence for
Council Member due to extraordinary work requirements.
Please pass along to my peers on City Council the following explanation:
Mayor and Council Members,
There is a strong possibility I will need to deploy for my employer (Lockheed Martin Aeronautics Company) in support
of our Netherlands Customer and NATO ally to assist with their F-16 aircraft for approximately 3 months. This
deployment, should it come to fruition could begin in the very near term.
I have two major considerations in place:
- #1 My family and I must discuss this weekend before accepting.
- #2 My accepted responsibility as your peer on City Council, I do not take such responsibility lightly.
** Additionally, my employer continues to seek alternatives as my absence will impact my Fort Worth team.
There is a small chance this deployment does not happen; however, I could be leaving before our next regularly
scheduled meeting (18 June 2015) and wish to ask your consideration/approval in person. If decisions to not make this
deployment happen by Thursday we could take no action on this Item Thursday night; likewise, if the trip were called off
after Thursday, no follow-up action would be required.
Again, thank you for your consideration,
Jim Wilson
Jim Wilson
Place 5, Benbrook City Council
[email protected]
1
City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:
REFERENCE
NUMBER:
06/04/15
EDC-2015-02
SUBJECT:
PAGE:
Approve sign variance modification to increase
the commercial area of the Benbrook Economic 1 of 1
Development Corporation sign located at 8501
Benbrook Boulevard
The sign located at 8501 Benbrook Boulevard is considered an entrance “gateway” sign for
Benbrook. The 60-foot high sign is owned by the Benbrook Economic Development Corporation
and currently has “Benbrook” identification on top and three advertising portions including two
existing tenant portions, for neighboring Starbucks and Waffle House.
Section 17.92.080.H of the Zoning Ordinance exempts from the sign regulations the following:
“Informational and/or welcome signs erected by the Benbrook Economic Development Corporation
on private or public property with owner’s authorization, but not on street right-of-way. Such signs
may not exceed one hundred twenty square feet (120 sq. ft.) in area or ten feet (10’) in height,
unless otherwise approved by the City Council. Such signs may include information on commercial
and nonprofit organizations within the City, provided that the area provided for each organization
does not exceed four square feet (4 sq. ft.) and that the total area provided for commercial and/or
nonprofit organizations does not exceed fifty-one percent (51%) of the total sign area.”
Benbrook City Council has approved two variances for the sign; one in 2003 to allow the
construction of the free-standing sign and to increase the allowable advertising area
(to 365.5SF) and height (to 60 feet), over standard ordinance limits, and a second variance in
December 2014 to allow for relocation of the sign, approximately 300 feet to the east, to
accommodate the anticipated commercial development by the new property owner, Mr. Steve
Hawkins.
In January 2015, Mr. Hawkins purchased 2.03 acres from the BEDC at 8501 Benbrook Boulevard,
with plans to construct mixed-use retail development. One of the conditions of the sale is that the
BEDC retains ownership of the sign while allowing Mr. Hawkins to use the commercial portion of
the sign for his new tenants.
After the sale of the property to Mr. Hawkins, current EDC staff learned that there was a prior sign
easement agreement (executed in 2003) that allows the continued use of the sign by Waffle
House. This was not disclosed by the prior EDC staff to Mr. Hawkins, the current BEDC staff or
the BEDC board members. The BEDC board has a legal obligation to honor the agreement with
Waffle House. Mr. Hawkins, acting in good faith, also agrees to include Waffle House and
Starbucks Coffee on the sign even though there is not currently a similar agreement with
Starbucks.
SUBMITTED BY:
DISPOSITION BY COUNCIL:
APPROVED
OTHER (DESCRIBE)
PROCESSED BY:
CITY SECRETARY
DATE:
CITY MANAGER
DATE:
06/04/15
REFERENCE
NUMBER:
EDC-2015-02
SUBJECT:
PAGE:
Approve sign variance modification to increase
the commercial area of the Benbrook Economic 2 of 2
Development Corporation sign located at 8501
Benbrook Boulevard
Mr. Hawkins also agrees to incorporate the refreshed City of Benbrook logo/colors/font in the redesign. Current plans also include modifications to the face stone to match the proposed new
commercial building, and the sign will be double-faced and internally lighted.
At their May 18, 2015 meeting, the EDC board approved paying approximately half the cost of
moving and redesigning the sign, up to $26,000.
To accommodate the proposed new design to include all new and existing neighboring tenants, a
modification of variance to increase the allowable commercial sign area from 365.5 square feet to
585 square feet is necessary.
RECOMMENDATION
The BEDC board recommends that City Council approve a modification to the EDC-2014-07 sign
variance by allowing an increase in the commercial sign area, up to 585 square feet, and otherwise
complying with all conditions of the previous approval.
City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:
REFERENCE
NUMBER:
06/04/15
PZ-2015-02
SUBJECT:
Adopt an Ordinance amending Chapter
17.16.090 – Board of Adjustment,
Authorized Special Exceptions, of Title 17
- Zoning of the Benbrook Municipal Code.
PAGE:
1 of 5
STAFF REPORT
PLANNING AND ZONING COMMISSION MEETING
MAY 14, 2015
At the April 3, 2015 work session of the City Council, staff was directed to consider an
ordinance amendment to address alternate subdivision screening walls on private
property in older subdivisions. The specific concern was the desire to replace the
Winchester Addition Wall, which was built before the requirement to have a mandatory
homeowners association and a maintenance/replacement fund to repair and replace the
deteriorating wall. The cost of building a new masonry wall by the individual lot owners
serves as a deterrent to replacing the wall.
Current regulations require screening walls along collector and arterial streets be
constructed by the developer in accordance with City regulations and then become the
maintenance responsibility of the mandatory Homeowners Association; however, there
are several subdivisions in the City that were developed prior to the current
requirements. In earlier subdivisions with lots backing or siding on collector or arterial
streets and with no ordinance required screening, developers built wood fences, some
type of masonry wall, a combination of wood and masonry, or no fence leaving any
fencing to the initial property owner. The lack of regulations to guide developers in the
construction of these walls has, in some cases, resulted in poorly constructed and
maintained walls. The individual property owners have been left with the responsibility
to both maintain and replace these fences or walls on their lot segment adjacent to a
collector or arterial street. Under current ordinance provisions, the only replacement
option open to an individual lot owner in an older subdivision is to construct a masonry
wall that conforms with current specifications.
The City Council recognized that under existing ordinance provisions requiring a
masonry wall, the individual owners of lots on the perimeter of an older subdivision have
a significant monetary maintenance obligation not shared by the majority of lot owners in
their subdivision unlike where a mandatory homeowners association shares the same
responsibility. The City Council asked the staff to draft an ordinance amendment that
would provide the individual lot owners an opportunity to seek approval of alternate
design and materials in the replacement of screening walls or fences on lots in
subdivisions that predated the current requirements
SUBMITTED BY:
DISPOSITION BY COUNCIL:
APPROVED
OTHER (DESCRIBE)
PROCESSED BY:
CITY SECRETARY
DATE:
CITY MANAGER
DATE:
REFERENCE
NUMBER:
06/04/15
SUBJECT:
PZ-2015-02
Adopt an Ordinance amending Chapter
17.16.090 – Board of Adjustment,
Authorized Special Exceptions, of Title 17 Zoning of the Benbrook Municipal Code.
PAGE:
2 of 5
The staff is proposing an ordinance amendment to provide for a Special Exception by
the Zoning Board of Adjustment that would allow individual lot owners, or groups of lot
owners, to seek approval of alternate design and materials for the replacement of
screening fences and walls. In making their determination, the Board could consider
whether the alternate design or materials enhances the aesthetics of the neighborhood,
whether the alternate design and/or materials provides an equitable cost burden to the
property owners, and whether a partial replacement would be in the best interests of the
community.
The following outlines the proposed amendments to the Zoning Ordinance.
A. Chapter 17.08 – Definitions
No changes proposed.
B. Chapter 17.16 – Board of Adjustment
Paragraph .090: Specify a discretionary process to assist private property
owners replace deteriorating screening walls, specifically:
“Alternate Design and Materials for Bufferyard F2 Fence Requirements on
lots adjoining minor arterial or collector streets as required in Chapter
17.98.030 Bufferyards and Table 17.98.030 B of this ordinance. To qualify
for this special exception the fence must:
1.
Be located on a lot on a City-approved subdivision plat as recorded in
the Tarrant County Plat Records prior to May 6, 1999,
2.
Comply with all applicable requirements of the Building Code and
obtain a permit from the Building Inspection Department, and
3.
Be generally compatible with other bufferyard fencing in the
neighborhood.
In making its determination, the Board may consider whether the alternate
design and/or materials improve the aesthetics of the neighborhood and
whether the costs are equitable. The Board may approve partial
replacement of a wall if it determines it is in the best interest of the
community.”
Recommendation:
Staff recommends that, after a public hearing, the Planning and Zoning Commission
recommend that the City Council adopt the proposed amendments to the Zoning
Ordinance.
DATE:
REFERENCE
NUMBER:
06/04/15
PZ-2015-02
SUBJECT:
Adopt an Ordinance amending Chapter
17.16.090 – Board of Adjustment,
Authorized Special Exceptions, of Title 17 Zoning of the Benbrook Municipal Code.
PAGE:
3 of 5
********************************
UNAPPROVED MINUTES OF THE
PLANNING AND ZONING COMMISSION MEETING
MAY 14, 2015
Z-15-03
Consider amendments to Chapter 17.08 – Definitions; Chapter 17.16 – Board
of Adjustment, of Title 17 - Zoning of the Benbrook Municipal Code. PUBLIC
HEARING
The Chair asked for a report from staff.
Ed Gallagher said that during the March 5, 2015 City Council work session to discuss
the Winchester Addition wall, the Council directed staff to draft an ordinance amendment
to address alternate subdivision screening walls on private property in older
subdivisions. He said that the particular focus was the desire to replace the Winchester
Addition Wall, which was built before the requirement for a mandatory homeowners
association and a maintenance/replacement fund to repair and replace the deteriorating
wall. The cost of building a new masonry wall by the 27 individual lot owners adjacent to
Jerry Dunn Parkway and Rolling Hills Drive serves as a deterrent to replacing the wall.
Under current regulations the maintenance cost of the wall on the lots adjacent to the
collector streets would be shared by all 228 Winchester lot owners.
Mr. Gallagher said that screening walls along collector and arterial streets currently are
required to be constructed by the developer in accordance with City regulations that
were established May 6, 1999, and then become the maintenance responsibility of the
mandatory Homeowners Association. He said that in addition to Winchester Addition,
several other subdivisions in the City that were developed prior to the current
requirements fall under the current requirements for the replacement of screening along
collectors and arterials. In earlier subdivisions with lots backing or siding on collector or
arterial streets and with no ordinance required screening, developers built wood fences,
some types of masonry wall, a combination of wood and masonry, or no fence leaving
any fencing to the initial, or future lot owner.
The lack of regulations to guide developers in constructing of these walls has, in some
cases, resulted in poorly constructed and maintained walls. Individual property owners
have been left with the responsibility to both maintain and replace these fences or walls
on their lot segment adjacent to a collector or arterial street. Under current ordinance
provisions, the only replacement option open to an individual lot owner in an older
subdivision is to construct a masonry wall that conforms to current specifications, which
in Winchester results in a hefty expense for the 27 affected lot owners, an expense not
shared by the 228 lot owners in the subdivision.
Mr. Gallagher said that the City Council recognized that under existing ordinance
provisions requiring a masonry wall, the individual owners of lots on the perimeter of an
older subdivision have a significant monetary maintenance obligation not shared by the
majority of lot owners in their subdivision, unlike where a mandatory homeowners
DATE:
REFERENCE
NUMBER:
06/04/15
PZ-2015-02
SUBJECT:
Adopt an Ordinance amending Chapter
17.16.090 – Board of Adjustment,
Authorized Special Exceptions, of Title 17 Zoning of the Benbrook Municipal Code.
PAGE:
4 of 5
association shares that responsibility. The City Council asked the staff to draft an
ordinance amendment that would provide the individual lot owners an opportunity to
seek approval of alternate design and materials in the replacement of screening walls or
fences on lots in subdivisions that predated the current requirements
Mr. Gallagher said that the staff is proposing an ordinance amendment to provide for a
Special Exception consideration by the Zoning Board of Adjustment that would allow
individual lot owners or groups of lot owners to seek approval of alternate design and
materials for the replacement of screening fences and walls. He said that in making
their determination, the Board could consider whether the alternate design or materials
enhances the aesthetics of the neighborhood, whether the alternate design and/or
materials provides an equitable cost burden to the property owners, and whether a
partial replacement would be in the best interests of the community.
Mr. Gallagher said that to provide an avenue for the Zoning Board of Adjustment to
consider Special Exception requests as a specific discretionary process and to assist
private property owners in replacing deteriorating screening walls, the staff proposes
that Chapter 17.19, Section 090, Allowed Special Exceptions, of the Zoning Ordinance
be expanded to include the addition of the following as item F in the listing of Special
Exceptions.
“Alternate Design and Materials for Bufferyard F2 Fence Requirements
on lots adjoining minor arterial or collector streets as required in Chapter
17.98.030 Bufferyards and Table 17.98.030 B of this ordinance. To
qualify for this special exception the fence must:
1.
Be located on a lot on a City-approved subdivision plat as recorded in the
Tarrant County Plat Records prior to May 6, 1999,
2.
Comply with all applicable requirements of the Building Code and obtain a
permit from the Building Inspection Department, and
3.
Be generally compatible with other bufferyard fencing in the neighborhood.
In making its determination, the Board may consider whether the alternate design
and/or materials improve the aesthetics of the neighborhood and whether the
costs are equitable. The Board may approve partial replacement of a wall if it
determines it is in the best interest of the community.”
The staff also proposes that the described Special Exception require Board approval in
Districts A and B.
Staff recommends that, after a public hearing, the Planning and Zoning Commission
recommend that the City Council adopt the proposed amendments to the Zoning
Ordinance.
DATE:
REFERENCE
NUMBER:
06/04/15
PZ-2015-02
SUBJECT:
Adopt an Ordinance amending Chapter
17.16.090 – Board of Adjustment,
Authorized Special Exceptions, of Title 17 Zoning of the Benbrook Municipal Code.
PAGE:
5 of 5
The Chair asked for any comments or questions from the Commission. There being
none, the Chair opened the Public Hearing at 7:45 p.m. and asked if anyone wished to
speak for or against the item. There being none, the Chair closed the Public Hearing at
7:46 p.m. and asked the Commission for any comments, questions, or a motion.
Discussion followed between the Commission and staff on materials that should and
should not be allowed and how descriptive the ordinance should read.
Motion by Mr. Wallis that the Commission recommend that the City Council adopt the
following amendments to Chapter 17.08 – Definitions; Chapter 17.16 – Board of
Adjustment; Chapter 17.92 – “Sign Regulations; and Chapter 17.96 – Fence
Regulations, of Title 17 - Zoning of the Benbrook Municipal Code:
Chapter 17.19, Section 090, Allowed Special Exceptions, of the Zoning Ordinance,
add “F. Special Exceptions” to read:
“Alternate Design and Materials for Bufferyard F2 Fence
Requirements on lots adjoining minor arterial or collector streets as
required in Chapter 17.98.030 Bufferyards and Table 17.98.030 B of
this ordinance. To qualify for this special exception the fence must:
1.
Be located on a lot on a City-approved subdivision plat as
recorded in the Tarrant County Plat Records prior to May 6,
1999,
2.
Comply with all applicable requirements of the Building Code
and obtain a permit from the Building Inspection Department,
and
3.
Be generally compatible with other bufferyard fencing in the
neighborhood and made of sustainable and durable materials.
Second by Mr. O’Donald. The Chair called the question.
Vote on the motion:
Ayes:
Mr. Craver, Mr. Valverde, Mr. Casey, Mr. Jordan, Mr. Russell, Mr. Ramsey
and Mr. Dawson
Noes:
None
Motion carried: 7 – 0
ORDINANCE NO. 1384
AN ORDINANCE AMENDING TITLE 17 - ZONING OF THE
BENBROOK MUNICIPAL CODE (1985), AS AMENDED, BY
AMENDING CHAPTER 17.16 – BOARD OF ADJUSTMENT OF TITLE
17 - ZONING OF THE BENBROOK MUNICIPAL CODE; PROVIDING
FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE .
WHEREAS, the City of Benbrook is a home rule city acting under its own charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, Chapter 211 of the Local Government Code authorizes municipalities to regulate
land use, structures, businesses, and related activities within its corporate limits for the purpose
of promoting the public health, safety and general welfare, including aesthetic concerns and
traffic safety of the community and protecting and preserving places and areas of historical,
cultural and architectural importance and significance; and
WHEREAS, the City has previously adopted zoning regulations as Title 17 of the Benbrook
Municipal Code (1985), as amended through Ordinance 1371; and
WHEREAS, the Planning and Zoning Commission has recommended the proposed
amendments following a public hearing on May 14th, 2015; and
WHEREAS, the City Council now deems the provisions of the present zoning regulations
inadequate, by reason of changing conditions since its passage, to accomplish the foregoing
objectives, and that said Title 17 shall be amended and superseded by the provisions of this
ordinance; and
WHEREAS, the City Council has given published notice and held a public hearing with respect
to the amendment to the Zoning Ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BENBROOK, TEXAS:
SECTION 1
That Chapter 17.16 – BOARD OF ADJUSTMENT of Title 17 – Zoning of the Benbrook
Municipal Code, as amended, is hereby revised by amending the table in Section 17.16.090 –
AUTHORIZED SPECIAL EXCEPTIONS to read as follows:
SPECIAL EXCEPTION
A.
Split-zoned lots, extension of use. Conditions: Extension
of a use to lot line or for a distance of not more than one
hundred feet (100') where the boundary line of district
1
DISTRICTS REQUIRING
BOARD APPROVAL
ALL
divides a lot held in single ownership.
B.
C.
D.
Helistop for loading and unloading of passengers and
cargo. Subject to any conditions as may be determined
by the Board
Sand and gravel mining. As a condition to approval, the
Board may require the submittal of engineering data
regarding the proposed operation and closure of the
mine. The Board may require additional conditions as
deemed appropriate.
Carport that extends into the required front, A and B side
or rear yard of a lot. To qualify for this special exception,
the carport must:
1.
Have been completed or under construction by
December 17, 1992;
2.
Have no more than one (1) of its sides enclosed; and
3.
Comply with all applicable requirements of the
Building Code.
E.
Compression Stations, Natural Gas
F.
Alternate Design and Materials for Bufferyard F2 Fence
Requirements on lots adjoining minor arterial or collector
streets as required in Chapter 17.98.030 Bufferyards and
Table 17.98.030 B of this ordinance. To qualify for this
special exception the fence must:
ALL
ALL
A and B
CF, RE, E, F, G, HC, MU
A, B
1. Be located on a lot on a City-approved subdivision
plat as recorded in the Tarrant County Plat Records
prior to May 6, 1999,
2. Comply with all applicable requirements of the
Building Code and obtain a permit from the Building
Inspection Department, and
3. Be generally compatable with other bufferyard
fencing in the neighborhood and made of
sustainable and durable materials.
In making its determination, the Board may consider
whether the alternate design and/or materials improve
the aesthetics of the neighborhood and whether the costs
are equitable. The Board may approve partial
replacement of a wall if it determines it is in the best
interest of the community.
SECTION 2
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or
public health and sanitation, including dumping of refuse, and shall be fined not more than Five
2
Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 3
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Benbrook, Texas (1985), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event the
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5
SAVINGS CLAUSE
All rights and remedies of the City of Benbrook are expressly saved as to any and all violations
of the provisions of the Benbrook Municipal Code (1985), as amended, or any ordinances
regulating platting or Zoning which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 6
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Benbrook is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative provisions of
this ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof, as provided in Section 3.10 of the Charter of the City of Benbrook.
SECTION 7
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of Benbrook is hereby directed to engross and enroll the
Ordinance by copying the caption, penalty clause, and effective date clause of this ordinance in
the minutes of the City Council and by filing the Ordinance in the Ordinance records of the City.
3
SECTION 8
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Benbrook is hereby directed to publish the caption, penalty
clause, publication clause and effective date clause of this ordinance for two (2) days in the
official newspaper of the City of Benbrook, as authorized by Section 52.013 of the Local
Government Code.
SECTION 9
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
PASSED AND APPROVED this 4th day of June, 2015.
_________________________________
Jerry B. Dittrich, Mayor
ATTEST:
_________________________
Joanna King, City Secretary
ADOPTED:____________________________
EFFECTIVE:___________________________
4
City of Benbrook
CITY COUNCIL COMMUNICATION
DATE:
REFERENCE
NUMBER:
06/04/15
G-2189
SUBJECT:
PAGE:
Approve Agreement with Fort Worth ISD for
construction of a baseball field complex and for 1 of 1
the improvements/use of tennis courts in Dutch
Branch Park
Based on the ongoing conversion of the Benbrook Middle School to a middle school/high school
campus, the Fort Worth Independent School District (FWISD) has requested use of a portion Dutch
Branch Park to accommodate its baseball and tennis program. The Benbrook City Council
discussed the request in a public work session and indicated support of the proposal. The City of
Benbrook and FWISD have reached an agreement (sublease) for an undeveloped portion of Dutch
Branch Park south of the duck pond. The FWISD proposes to construct a baseball field complex
within three years. In addition, the lease provides for FWISD use of the adjoining tennis courts at
days/times approved by the City. FWISD will also upgrade the tennis courts to UIL standards.
While the land sublease is at no cost, the baseball complex will require future FWISD funding,
which has not been identified. The baseball facility will be similar to what is available at other
FWISD high schools. The FWISD will be responsible for maintenance and all other associated
costs (water, electricity, etc.).
The term of the proposed lease ends on June 14, 2027. The City Attorney has reviewed and
approved the sublease as to form and legality. The sublease is subject to final approval by the
Corps of Engineers.
RECOMMENDATION
Staff recommends that City Council approve the sublease agreement with the Fort Worth
Independent School District for the use of portions of Dutch Branch Park for Benbrook Middle/High
School athletic facilities.
SUBMITTED BY:
DISPOSITION BY COUNCIL:
APPROVED
OTHER (DESCRIBE)
PROCESSED BY:
CITY SECRETARY
DATE:
CITY MANAGER