HomeMy WebLinkAbout2011/04/19-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
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
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
I. 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 10:19 a.m., on Tuesday, April 19, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m Pastor Everette Carpenter, House of Praise C ®rnrnunity Church
The invocation was provided by Pastor Everette Carpenter, House of Praise Community Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 12 2a11
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the
minutes of the regular meeting of April 12, 2011, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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There were no items to be withdrawn from the Consent Agenda.
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APRIL 19, 2011
PAGE 2 of 17
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There were no items to be continued or withdrawn by staff.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
A. General - Consent Items
1. M &C G -17260 - Approve Extension of Injury Leave -of- Absence Pay Benefits in the Amount of
$69,576.00 for Police Officer Lisa Ramsey.
The City Council approved the following recommendation: Approve a One (1) Year Extension of
Injury Leave -of- Absence Pay Benefits in the Amount of $69,576.00 for Police Officer Lisa Ramsey
Beginning January 1, 2011, Through December 31, 2011.
2. M &C G -17261 - Adopt an Ordinance to Reappoint Substitute Municipal Judges for a One -
Year Term Commencing on April 1, 2011 and Ending on March 31, 2012.
The City Council approved the following recommendation: Adopt Ordinance No. 19659 -04 -2011
Reappointing Charles F. Berger, Kim Marie Catalano, Ann Y. Collins, Faye R. Harden, Kathryn T.
Hoang, Carla G. Kelman, Nancy A. Magee, Nemuel E. Pettie, Patricia L. Summers and Edward B.
Valverde as Substitute Municipal Judges for a One (1) Year Term Commencing April 1, 2011, and
Ending March 31, 2012, or Until a Successor is Qualified and Appointed in Accordance With State
Law.
E. Award of Contract - Consent Items
1. M &C C -24866 - Authorize Change Order No. 2 in the Amount of $113,930.65 to City
Secretary Contract No. 40241 with The Fain Group, Inc., for Hyde Park Transit Plaza and Ninth
Street Improvements.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 2 in the Amount of $113,930.65 to City Secretary Contract No. 40241 With the
Fain Group, Inc., for Hyde Park Transit Plaza and Ninth Street Improvements, Thereby Increasing the
Contract Amount to $2,788,381.76.
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REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 3 of 17
(VII. CONSENT AGENDA Continued)
2. M &C C -24867 - Amend Mayor and Council Communication C -24668 to Change the
Contractor Name from Horizon Health Corporation to Horizon Behavioral Services, LLC Under
Authorized Professional Services Agreement.
The City Council approved the following recommendation: Approve the Correction of Mayor and
Council Communication No. C -24668 to Change the Name of the Contracting Entity Under the
Authorized Professional Services Agreement From Horizon Health Corporation to Horizon Behavioral
Services, LLC.
3. M &C C -24868 - Amend Mayor and Council Communication C -24589 to Extend Deadline for
Completion of Certain Improvements to Northeast Parkway Under Authorized Economic
Development Program Agreement with TTI, Inc.
The City Council approved the following recommendation: Amend Mayor and Council
Communication No. C -24589 Extending the Deadline for Completion of Certain Improvements to
Northeast Parkway From May 31, 2011, to May 31, 2012, Under an Authorized Economic
Development Program Agreement With TTI, Inc.
4. M &C C -24869 - Authorize Change Order
Secretary Contract No. 40920 with Stabile &
Water and Sanitary Sewer Replacements on
Haskell Street and Washington Avenue.
No. 1 in the Amount of $162,062.00 to City
Winn, Inc., for Pavement Reconstruction and
Portions of Athenia Drive, Mattison Avenue,
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 1 in the Amount of $162,062.00 to City Secretary Contract No. 40920, a
Construction Contract With Stabile & Winn, Inc., for Pavement Reconstruction and Water and
Sanitary Sewer Replacements on Athenia Drive, Mattison Avenue, Haskell Street and Washington
Avenue, Revising the Original Contract Amount to $2,227,892.51.
5. M &C C -24870 - Authorize Amendment No. 2 in the Amount of $102,851.00 to City Secretary
Contract No. 31045, an Engineering Agreement with Carter and Burgess, Inc., for the 2004
Capital Improvements Project - Trinity Boulevard Culvert Improvements.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 2 in the Amount of $102,851.00 to City Secretary Contract No. 31045 With Carter
and Burgess, Inc., for the 2004 Capital Improvements Project- Trinity Boulevard Culvert
Improvements, Thereby, Revising the Total Contract Cost to $415,439.56.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 4 of 17
(VII. CONSENT AGENDA Continued)
6. M &C C -24871 - Authorize Amendment No. 2 in the Amount of $132,362.00 to City Secretary
Contract No. 37390, an Engineering Agreement with ANA Consultants L.L.C., for the Storm
Water Utility Project -Upper Sierra Vista - Detention Drainage Design -Phase 1.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 2 in the Amount of $132,362.00 to City Secretary Contract No. 37390 With ANA
Consultants L.L.C., for the Storm Water Utility Project -Upper Sierra Vista - Detention Drainage
Design -Phase 1, Revising the Total Contract Cost to $164,486.00.
7. M &C C -24872 - Authorize Execution of a Contract with JLB Contracting, LLC, in the
Amount of $1,672,894.00 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -1 at Thirty
Locations and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract With 7LB Contracting, LLC, in the Amount of $1,672,894.00 for 240 Calendar Days for Hot
Mix Asphaltic Concrete Surface Overlay 2011 -1 at 30 Locations; Authorize the Transfer of
$739,576.05 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of
$443,745.63 and to the Sewer Capital Projects Fund in the Amount of $295,830.42; and Adopt
Ordinance No. 19660 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Water
Capital Projects Fund and in the Sewer Capital Projects Fund From Available Funds, for the Purpose
of Funding the Contract.
8. M &C C -24873 - Ratify the Application for and Authorize the Acceptance of a 2010 Buffer
Zone Protection Program Grant from the Texas Department of Public Safety in the Amount of
$379,975.00 and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Ratify the
Application for a 2010 Buffer Zone Protection Program Grant From the Texas Department of Public
Safety in the Amount of $379,975.00; Authorize the City Manager to Execute a Contract With the
Texas Department of Public Safety in Connection With the Acceptance of the Grant; and Adopt
Appropriation Ordinance No. 19661 -04 -2011 Increasing the Estimated Receipts and Appropriations in
the Grants Fund, Subject to Receipt of the Grant From the Texas Department of Public Safety, for the
Purpose of Reducing Critical Infrastructure and Key Resource Site Vulnerabilities and Supporting the
Prevention and Preparedness Efforts of Local Law Enforcement First Responders Related to Terrorist
Acts Potentially Impacting These Sites.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 5 of 17
(VII. CONSENT AGENDA Continued)
9. M &C C -24874 - Authorize Execution of an Agreement with and Accept $31,760.00 from the
Safe City Commission to Provide Enforcement in the Northside of Fort Worth Pursuant to a
Weed and Seed Grant and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute an
Agreement With the Safe City Commission for the City to Provide Enforcement in the Northside Area
of Fort Worth Using Weed and Seed Grant Funding; Authorize the Acceptance of $31,760.00 From
the Safe City Commission to Reimburse the City for Law Enforcement Provided; and Adopt
Appropriation Ordinance No. 19662 -04 -2011 Increasing the Estimated Receipts and Appropriations in
the Grants Fund, Subject to Receipt of a Weed and Seed Program Grant by the Safe City Commission,
for the Purpose of Funding Overtime Enforcement by Fort Worth Police Officers in the Northside of
Fort Worth.
10. M &C C -24875 - Authorize Execution of an Engineering Agreement in the Amount of
$146,106.00 with URS Corporation for Water and Sanitary Sewer Replacement Contract 2010,
WSM -I on Azteca Drive, Warrington Court, Brentwood Drive, Cienaegas Circle, Kentwood
Place, Ravenswood Drive, Jill Lane, Vinewood Street and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract in the Amount of $146,106.00 With URS Corporation for Water and Sanitary Sewer
Replacement Contract 2010, WSM -I; Authorize the Transfer of $162,106.00 From the Water and
Sewer Fund: $75,121.00 to the Water Capital Projects Fund and $86,985.00 to the Sewer Capital
Projects Fund; and Adopt Appropriation Ordinance No. 19663 -04 -2011 Increasing the Estimated
Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects
Fund From Available Funds for the Purpose of Funding the Contract on Azteca Drive, Warrington
Court, Brentwood Drive, Cienaegas Circle, Kentwood Place, Ravenswood Drive, Jill Lane and
Vinewood Street.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1810 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,.
1. Reco2nition of Andy Raba2o and a e Flores., Atmos Ener2v Emplovees and e s on
Wheels Volunteers
Mayor Moncrief recognized Mr. Andy Rabago and Manuel Flores, Atmos Energy Employees and
Meals on Wheels volunteers, for their service to the community when they assisted a Meals on Wheels
client with a gas leak. He presented them with a Molly pin and expressed appreciation to them for
assisting the homebound individuals in the area.
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REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
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(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued)
Ms. Marilyn Ackman, Public Affairs Manager for Atmos Energy and Ms. Nedra Cutler, Meals on
Wheels Volunteer Coordinator, advised that in January 2011, Mr. Rabago and Mr. Flores were on their
Meals on Wheels delivery route when they stopped a gas leak at a Meals on Wheels client's home.
They expressed appreciation to the Mayor and Council Members and encouraged everyone to
volunteer with Meals on Wheels.
2. Presentation by Cowboy Santas Program
Sharon Armstrong, Board President, Cowboy Santas Program, provided an overview of the Cowboy
Santas Program and presented Mayor and Rosie Moncrief with a Memory Book in appreciation for
their service to the Cowboy Santas Program.
The Mayor and Rosie expressed appreciation for the recognition and stated the Cowboy Santas
Program would not have been such a success without the support and volunteerism from the Board, the
volunteers in the community and the City employees. They stated that the program made Christmas
come true for thousands of children in the area and added that they looked forward to participation in
the Cowboys Santas Program in the future.
Mayor Pro tem Scarth expressed appreciation to the Mayor and Rosie for their service to the citizens
and the community. He stated that the City had become accustomed to a Mayor who was very involved
in the community.
1. Upcoming a nd Recent Events
Council Member Burdette announced that the Fort Worth Air Power Expo held
April 16 through 17, 2011, celebrated 100 years of naval aviation and was a well attended and exciting
event. He stated the City was very blessed to have this base in the area which contributed a great deal
of economic value to the City and area.
Council Member Moss announced that the grand opening celebration for the Eastland and Buttercup
Apartments would be held at 5500 Eastland on April 29, 2011, at 10:00 a.m. He advised that these
apartments were two (2) new quality affordable housing developments in the Stop Six Area. He also
pointed out that the residences at Eastland were among the top four (4) affordable residential
developments in the state and in the country.
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REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 7 of 17
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Hicks read a letter of appreciation to the Police Department from Ms. Leann
Guzman, Assistant City Attorney, regarding an incident that occurred at Calvary Church on
March 30, 2011, located at 700 McPherson Road. She also announced the 6th Annual Prairie Fest
would be held on April 23, 2011, from 10:00 a.m. to 8:00 p.m., at Tandy Hills Natural Area. She
advised that this event was awarded Best Outdoor Cultural Activity 2010 by the Fort Worth Weekly
and for more information about the event to contact (817) 731 -2787. She also announced celebration of
the public and private investment in the redevelopment of the Evans Corridor and the grand opening of
Jack in the Box on Evans Avenue and Rosedale Street on April 25, 2011, at 8:00 a.m. She advised
those attending should RSVP to (817) 871 -6542. She also advised that the loth Annual African -
American Health Expo would be held on April 30, 2011, from 10:00 a.m. to 2:00 p.m. at O.D. Wyatt
High School, located at 2400 East Seminary. She stated for more information to contact (817) 814-
3320. She also recognized the Student Council from W.M. Green Elementary School, who attended the
meeting to learn more about local government.
Miss Shania Calvan, Student Council President, W.M. Green Elementary School, appeared before
Council and stated the Student Council was excited to be present at the City Council meeting.
Council Member Moss stated that W.M. Green Elementary School was one (1) of the major factors
associated with the renewal of the Arlington Lake redevelopment area. He stated the quality of the
schools were getting better and were more attractive to individuals interested in moving to the area.
Mayor Moncrief stated the Student Council members were the future leaders of the city, state and
nation and pointed out that their future was limited only by their imagination. He congratulated the
Student Council members on their achievements and wished them good luck.
Council Member Jordan stated that he was the Chairman of a subcommittee that studied best practices
regarding emissions and air quality issues associated with the Barnett Shale. He pointed out that Dr.
Ramon Alvarez, Senior Scientist, Environmental Defense League, offered a compliment relative to
Fort Worth and stated the City staff and Council Members had gone above and beyond to protect the
health and safety of its citizens. He pointed out that it meant a lot to receive such a compliment from a
key leader in the area of environmental protection.
Council Member Burns announced that the Main Street Arts Festival was held downtown
April 14 through 17, 2011, and was a great success with approximately 250,000 people in attendance.
He also advised that more information would be provided in the coming weeks relative to Cinco de
Mayo and MayFest events. He also announced that April was Sexual Assault Awareness Prevention
Month. He recognized Ms. Susan Fine, Women's Center of Tarrant County, and stated that men were
encouraged to wear teal ribbons and buttons that reflected "Men for Change" on April 29, 2011, as a
commitment to the solution of sexual assault. He also advised that the 15th Annual Victory Over
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 8 of 17
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Violence Walk/Run would be held on April 23, 2011, at Trinity Park and stated for more information
to visit www.womenscentertc.or or contact (817) 927 -4006. He also announced the ground breaking
ceremony for the mixed use development located at Rosedale and Forest Park Boulevard would be
held on April 20, 2011, at 8:30 a.m., and encouraged everyone to attend the event.
Mayor Pro tem Scarth announced that he attended the Tree North Texas Event in Richardson, Texas,
with 14 area Mayors. He stated that Fort Worth had been designated a "Tree City" for 32 consecutive
years and pointed out that the City had committed to plant 50,000 trees over the next 10 years.
Mayor Moncrief encouraged Interim City Manager Higgins to work with the Law Department to work
through any legal and liability issues relative to sending Fort Worth Fire Fighters to assist with the
Possum Kingdom Lake area wild fire. He stated that the state would reimburse the City for any
resources contributed to provide mutual aid.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 9 of 17
XIV. REPORT OF THE CITY MANAGER
D. Land
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 10 of 17
Water Line and Authorize the Execution of 4,.Ti�MPPr4rY,.Ai�i�"�.Ag,)rpement with I HOME
(PUBLIC Lone Star, Inc.
The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set
Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; Find That No Feasible or Prudent Alternative Exists to the Use of Vinyards at Heritage Park for
the Location of the Proposed Sanitary Sewer Line and Water Line; Find That the Proposed Sanitary
Sewer and Water Line Include All Reasonable Planning to Minimize Harm to the Parkland and Will be
Constructed in Vinyards at Heritage Park as Specified; Close the Public Hearing and Authorize the
Use of Approximately 0.315 Acre of Vinyards at Heritage Park Located at 5280 Alta Loma Drive, East
of Ray White Road, South Southeast of Scenic Green Circle, East Terminus of Fresno Court, South
and East of Alta Loma Drive, Southeast of Terminus of Scotts Valley Street, Southeast of Terminus of
Napa Valley Trail, East of Fremont Trail, East of Ventura Street, East Terminus of Camarillo Drive,
West of Graywolf Ridge Trail and North of Tarrant Pkwy N., for the Installation of a Sanitary Sewer
Line and Water Line; and Authorize Execution of a 60 Day Temporary Access Agreement With KB
HOME Lone Star, Inc.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Report of City Staff
David Creek, Assistant Director, Parks and Community Services, appeared before Council and
provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c. Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the
public hearing be closed and that Mayor and Council Communication No. L -15170 be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
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REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 11 of 17
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 12 of 17
4. M&C C-24879 - Authorize xec ti a Public i t- m a3: Use A ree e t Gra ti
Texas Midstream Gas Services, LLC, a License to Construct and Overate a Natural Gas
Gathering i e i e Along Sycam re School R
2ad, Across _Sycamore School Road, Wes of
McCart Avenue and Along McCart Avenue.
The recommendation was that the City Council Authorize the City Manager to Execute a Public
Right -of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to
Construct and Operate a Natural Gas Gathering Pipeline Along Sycamore School Road, From East of
Hawkwood Trail to West of McCart Avenue, Across Sycamore School Road, West of McCart Avenue
and Along McCart Avenue, From South of West Cleburne Road to North of West Cleburne Road for a
One (1) Time License Fee of $247,120.50.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C -24879 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
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Improvements from Bailey-Boswell Road to W.J. Boaz Road.
The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With JLB Contracting, LLC, in the Amount of $2,672,830.57 for Pavement and Drainage
Improvements for Old Decatur Road Improvements From Bailey- Boswell Road to W.J. Boaz Road.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24880 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV. ZONING HEARING
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official
newspaper of the City of Fort Worth, on April 3, 2011.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
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Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Council Member Espino advised that he would be making a motion to deny this zoning request and
stated that there was too much concentration of metal recycling facilities on North Main Street and in
the surrounding area. He also stated that the Northside Economic Development Coalition did not
support this business being relocated to this location.
Mr. Kirk Williams, agent for the applicant, Commercial Metals, with Winstead PC, 5400 Renaissance
Tower, 1201 Elm Street, Dallas, Texas 75270, and representing the owner of the property Chesapeake
Land Development LLC., appeared before Council in support of Zoning Docket No. ZC -11 -037 and
relative to the relocation of the metal recycling facility. Mr. Williams advised of the history of this
business and the need for the business to relocate due to the Trinity River Vision Project. He stated that
the business had reviewed multiple alternate sites for the facility and provided an aerial map of those
sites, but none of the alternative locations were acceptable. He stated they needed rail access. He
pointed out that a metal recycling facility was not an allowed use, by right, in any district. He stated
that the two actions that were not allowed in many of the heavy commercial zoned areas, which
pertained to this business, were the cutting and baling of metal to be shipped out for recycling. He
displayed a color -coded map detailing the site and adjacent rail tracks. He pointed out the property
identified for flood -way and a Chesapeake drill site and he also presented a site plan and advised
landscaping plans had been provided to the City. He showed photographs of the property as it existed
with inoperable motor vehicles, unpaved area and chain -link fence. Mr. Williams presented a
photograph of the proposed masonry wall, sidewalks and landscaping and added that this would be an
upgrade from the chain link fencing that was prominent in the area. He also stated that they were
proposing to add a sidewalk and improvements to 29th Street. He suggested a stop light at the
intersection of North Main Street at 29th Street would make the entire area safer for both pedestrians
and drivers.
Mr. Williams concluded his presentation and indicated that Commercial Metals did not want to leave
the City as they had been corporate citizens for 40 years.
Ms. Hazel Pointer, 1413 Selene Street, appeared before Council in opposition to Zoning Docket No.
ZC -11 -037 and relative to the dangerous intersection located at 29th Street and North Main. She stated
that the intersection was already heavily traveled and would become even more dangerous with the
additional truck traffic associated with the metal recycling facility.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 14 of 17
(ZC -11 -037 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC -11 -037 be denied. The motion carried unanimously eight (8) ayes to zero (0)
nays, with one (1) abstention by Council Member Jordan
........,
1 1
c
Previous Meeting)
It appeared that the City Council at its meeting of March 22, 2011, continued Zoning Docket
No. ZC -10 -094.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Council Member Espino advised that he would be making a motion to deny this zoning request and
stated that there was too much concentration of metal recycling facilities in the north Fort Worth area.
He also stated that the Northside Economic Development Coalition and I35 Coalition did not support
this business being relocated to this location. He added the neighborhoods in this area were also
opposed.
Mr. Kirk Williams, agent for the applicant, Commercial Metals, with Winstead PC, 5400 Renaissance
Tower, 1201 Elm Street, Dallas, Texas 75270, appeared before Council in support of Zoning Docket
No. ZC -10 -094 and relative to the forced relocation of the metal recycling facility, which was a
Fortune 300 company. He stated that the tax paying business would be forced to move out of the city
limits if this item was not approved. He pointed out the city staff and Zoning Commission supported
approval of this site. He also indicated two neighborhood associations spoke in favor of this request.
He stated that the business had reviewed multiple alternate sites for the facility and provided an aerial
map of those sites, but none of the alternate locations were acceptable. He pointed out that a metal
recycling facility was not an allowed use, by right, in any district. He stated that the two actions that
were not allowed in many of the heavy commercial zoned areas, which pertained to this business, were
the cutting and baling of metal. He displayed a photograph of the site as it currently existed and a site
drawing of the proposed business. He spoke about the proposed metal screening fence and the detail of
the landscaping and shrubbery and added they had met or exceeded the urban forestry requirements
and would also plant 36 new trees to further buffer the site. He also stated that the applicant was
willing to build a $350,000.00 facade to conceal the stacking of metal on the site from the highway to
accommodate concerns. He stated the current zoning of the property allowed the owner to stack items
120 feet high and with this proposed use the stacks would only be 30 feet high and concealed under a
facade.
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PAGE 15 of 17
(ZC -10 -094 Continued)
Mr. Williams concluded his presentation and indicated if the request was not approved Commercial
Metals would have to leave the City. He requested approval of the request.
Mr. Robert Chesser, 3217 Kimbo Road, appeared before Council in support of Zoning Docket
No. ZC -10 -094 and advised that all members of the Bonnie Brae Neighborhood Association supported
this zoning request and the associated improvements to the property.
The following individuals appeared before Council in opposition to Zoning Docket No. ZC -10 -094 and
stated that because the NE 36th Street site would have access from North Sylvania, the heavy truck
traffic going to and from the facility would use North Sylvania Avenue as a principal means of travel.
They further stated that traffic on North Sylvania was already heavy and many people now used it as a
convenient alternate route to Interstate Highway 35 (I -35) which was often extremely congested,
particularly as motorists traveled north. They pointed out that added truck traffic on Sylvania would be
extremely detrimental to the surrounding neighborhoods. They stated that the metal thefts in
neighborhoods all over the City could be exacerbated by the close proximity of a metal recycling
facility to Oakhurst neighborhood. They also advised that residents were concerned about the
environmental impact of runoff at the facility. They stated the area was fragile and they had worked
hard to revitalize and stabilize the area. They also pointed out that the widening of I -35W would soon
demolish the business that was recently built at 33rd Street and I -35W, across from the Commercial
Metals Company (CMC) site and urged the Council not to create another "black -eye" by allowing
CMC to build a scrap metal mountain at the City's northern gateway. They stated that this facility was
the last thing the City needed when attempting to responsibly re- develop property by bringing much -
needed retail services to District 2. They stated that the location was next to an overpass and it would
be impossible to screen the property from view when traveling north or south. They stated that
approval of this item would reduce the development of residential and commercial properties in the
area.
Mr. Gary Gilley, 2924 Alton Road (displayed Power Point Presentation and aerial photos of site)
Mr. Brian Randolph, 2650 Meacham Boulevard
Mr. Stanley Thomas, 4004 Edgehill Road
Ms. Hazel Pointer, 1413 Selene
Mr. Britton New, 2525 Carnation Avenue
Mr. Donnie Rohde, 3401 -3403 North Sylvania Avenue
Ms. Barbara G. Grisell, 818 North Chandler Drive
Ms. Libby Willis, Vice President Oakhurst Neighborhood Association, 2300 Primrose (submitted letter
from Oakhurst Neighborhood Association President Ginger Bason)
Mr. John Melcher, 3906 Arlan Lane (submitted copy of typed comments)
Mr. Barney Holland, 3647 Encanto Drive (submitted copy of typed comments)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 16 of 17
(ZC -10 -094 Continued)
Mr. Richard Griffin, 2650 Meacham Boulevard, completed a speaker card in opposition to Zoning
Docket No. ZC -10 -094, but did not wish to address the City Council.
Mayor Pro tem Scarth advised that many of the Council Members had attempted to find other alternate
locations for the metal recycling facility. He stated he would support the motion to deny this request
with a heavy heart and requested that staff develop an economic development policy to provide a
solution to the relocation of these types of facilities.
Council Member Burdette advised he would not support the motion to deny this request because the
Trinity River Vision Project was forcing the relocation of this business; therefore, the City should find
a location for the business. He stated that he did not want to send a message that industrial companies
were not welcome in the City.
Council Member Zimmerman stated that denying this request only stopped the location from being
used as a recycling facility. He added that current use allowed the owner to stack piles 120 feet into the
air which could be seen from miles. He stated that he would support Council Member Espino's motion
to deny and would also support continuing this item for further discussion.
Mayor Moncrief stated this was a very difficult situation and he could not support the motion to deny;
however, he did not want this business to move out of the City but he also did not want an eye sore. He
stated the City needed to sit down and figure out where to relocate these types of businesses.
Council Member Espino reiterated his comments regarding the relocation of this business and stated
that this was not what the City wanted or needed in the historic neighborhoods or as the gateway to the
City. He also requested clarification of how many votes this item would require to be approved since a
certain percentage of opposition was received from the surrounding property owners.
City Attorney Fullenwider advised that seven (7) out of nine (9) votes was required to approve this
item and a simple majority vote was required to deny this item.
Council Member Hicks advised she would support the denial of this item and stated the City needed to
look for other places in the City for these businesses to relocate. She stated it was important to support
the neighbors and business owners in the area.
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the
Public Hearing be closed and Zoning Docket No. ZC -10 -094 be denied. The motion carried
seven (7) ayes to two (2) nays with Mayor Moncrief and Council Member Burdette casting
the dissenting votes.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 19, 2011
PAGE 17 of 17
XVI. CITIZEN PRESENTATIONS
There were no citizen presentations.
XVIII. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:27 p.m. in memory of Greg
Simmons, Volunteer Fire Fighter for the City of Eastland, who was killed while fighting the Possum
Kingdom State Park grass fire on April 18, 2011. He advised that six (6) other fire fighters were also
injured. He stated that Mr. Simmons was survived by his wife and two (2) daughters and advised the
funeral would be held on April 20, 2011, at 1:00 p.m. at the Leon River Cowboy Church. The meeting
was also adjourned in memory of Randy Rostetter whose handlebar mustache and black and white
steer named Lonestar made him a Fort Worth Stockyard's Icon. He passed away April 10, 2011, after
he was struck by a car. For the past two years Mr. Rostetter and Lonestar roamed East Exchange
Avenue, stopping to greet children and tourists and posing for photographs. Originally from Kansas,
Randy served in leadership positions for local beef and cattle associations. His 15 year -old steer
Lonestar would retire to the private ranch of Steve Murrin, Chairman of the Fort Worth Stockyards
Preservation Foundation.
These minutes approved by the Fort Worth City Council on the 3rd day of May, 2011.
Attest: Approved:
Marty Hendrix Mic ael . M ncrief%�
City Secretary Mayor 1 1