HomeMy WebLinkAbout2010/02/09-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 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
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 7:31 p.m. on Tuesday, February 9, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Reverend Susan Slaughter, St. Luke's in the Meadow Episcopal Church
The invocation was provided by Reverend Susan Slaughter, St. Luke's in the Meadow Episcopal
Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
Mayor Moncrief advised that Fort Worth Firefighter David Eaves was killed and two other firefighters,
Eric Thompson and Michael Josh Pool, were injured last weekend in a one - vehicle rollover accident in
New Mexico. He stated that Firefighter Eaves worked at Station 8 on Rosedale Street near Eighth
Avenue and was an eleven (11) year veteran of the Fort Worth Fire Department. He further stated
that Firefighter Eaves was the son of retired Fort Worth Firefighter Jim Eaves and nephew of retired
Firefighter Jack Eaves. He requested the City Council meeting be adjourned in memory of the
firefighters that were killed or injured and their families.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 2 of 23
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Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that the minutes of the regular meeting of February 2, 2010, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
City Manager Fisseler requested that Mayor and Council Communication Nos. C -24072 and C -24076
be removed from the Consent Agenda.
City Manager Fisseler requested that Mayor and Council Communication No. C -24076 be continued
until the March 2, 2010, Council meeting and that C -24091 be withdrawn from consideration. He also
advised that the Public Hearings for Mayor and Council Communication Nos. L -14928 and L -14929
would be combined and considered under one motion and that the Public Hearings for Mayor and
Council Communication Nos. L -14930 and L -14930 would also be combined and considered under
one motion.
VII. CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9)
ayes to zero (0) nays.
A. General - Consent Items
1. M &C G -16836 - Authorizing the City Manager to Accept a Monetary Donation in the
Amount of $20,000.00 from CVS Pharmacy, Inc., for the Police Department, Narcotics Section,
to Target Organized Retail Thefts; and Adopting Appropriation Ordinance No. 19028 -02 -2010
Increasing Estimated Receipts and Appropriations in the Special Trust Fund, Upon Receipt of
the Monetary Donation for the Purpose of Funding Police Department Covert Operations.
2. M &C G -16837 - Adopting Resolution No. 3851 -02 -2010 Adopting an Update to the 2004 Park,
Recreation and Open Space Master Plan for the City of Fort Worth, Texas; and Incorporating
the Updated Plan as an Amendment to the City's Comprehensive Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 3 of 23
(VII. CONSENT AGENDA Continued)
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11087 - Authorizing the Sole Source Purchase of Surveillance Equipment for the
Police Department from Gans and Pugh Associates, Inc., for an Amount Not to Exceed
$64,720.00.
2. M &C P -11088 - Adopting Appropriation Ordinance No. 19029 -02 -2010 Increasing the
Estimated Receipts and Appropriations in the Municipal Court Technology Project Section of
the Special Trust Fund in the Amount of $247,353.00, from Available Funds, for the Purchase of
Hardware, Software Licensing and Professional Services from Dell Marketing, L.P., Utilizing the
State of Texas Department of Information Resources Contract No. DIR -SDD -890.
E. Award of Contract - Consent Items
2. M &C C -24073 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with Centex Homes for the Installation of a Two (2) Inch Irrigation Conduit which
will be Bored Beneath the La Paz Street Right -of -Way.
3. M &C C -24074 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with Southwestern Baptist Theological Seminary for the Installation of Two (2) Six
(6) Inch Irrigation Conduits which will be Bored Beneath the West Boyce Avenue and Frazier
Avenue Right -of -Way.
4. M &C C -24075 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with One Prairie Meadows, Ltd., for the Installation of a Four (4) Inch Sleeve
Containing Irrigation Conduit which will be Bored Beneath the Streets and will Encroach the
Riverside Drive, Saw Timber Trail, Frisco Wood Drive, Stable Door Lane and Exmore Pony
Way Street Right -of -Way.
6. M &C C -24077 - Authorizing Agreements for Street Light Installation Services with Forcecon
Services, LLC, and MasTec North America for an Amount Not to Exceed $500,000.00 Each; and
Authorizing these Agreements to Begin February 9, 2010, and Expire February 8, 2011, with
Options to Renew for Two (2) Additional One (1) Year Periods.
7. M &C C -24078 - Authorizing the City Manager to Execute Amendment No. 3 in the Amount
of $316,000.00 to City Secretary Contract No. 35439, an Engineering Agreement with Neel -
Shaffer, for the Academy Boulevard Culvert and Grassland Court Drainage Improvements,
Thereby Revising the Total Contract Cost to $458,290.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 4 of 23
(VII. CONSENT AGENDA Continued)
8. M &C C -24079 - Authorizing the City Manager to Execute Three (3) Work Orders with Job
Order Contractor, Yeargan Construction Company — The Mark IV Construction Group, LLC,
to Renovate Fire Stations to Provide Female Restroom Facilities in the Amount of $42,372.86 for
Fire Station No. 20, $35,739.28 for Fire Station No. 30 and $40,279.91 for Fire Station No. 32.
9. M &C C -24080 - Authorizing the City Manager to Execute an Engineering Agreement with
Slater Engineering, Inc., in the Amount of $155,420.00 for the Hallmark Drainage Master Plan
and Storm Water Study.
10. M &C C -24081 - Authorizing the City Manager to Amend City Secretary Contract No. 37796
Between the City of Fort Worth and AutoZone Texas, LP, to Reduce the Contracted Staffing
Requirement for the City's Parts Distribution and Maintenance Centers from at Least Twenty -
Six (26) Personnel to at Least Twenty -Five (25) Personnel.
11. M &C C -24082 - Ratifying the Application for and Authorizing the Acceptance of, if
Awarded, the Fiscal Year 2010 Recovery Act STOP Violence Against Women Formula Grant
Program for $60,510.00 in Funding from the State of Texas Office of the Governor, Criminal
Justice Division; Adopting Resolution No. 3852 -02 -2010 Ratifying the Application for and
Authorizing the Acceptance of Grant Funds from the Program, Authorizing the Assistant City
Manager Over the Police Department to Accept, Reject, Alter or Terminate this Grant on the
City's Behalf, and Authorizing the Making of Assurances Required by Texas Office of the
Governor, Criminal Justice Division; Authorizing the City Manager to Execute a Contract in
Connection with the Acceptance of the Grant, if Awarded; and Adopting Appropriation
Ordinance No. 19032 -02 -2010 Increasing the Estimated Receipts and Appropriations in the
Grants Fund, Upon Receipt of the Grant, to Provide for the Planning and Evaluation of a
Countywide Family Advocacy Center.
12. M &C C -24083 - Authorizing the City Manager to Terminate City Secretary Contract Nos.
20775, 21413, 24179 and 26217 with the Federal Aviation Administration at Fort Worth
Meacham International Airport; Terminating City Secretary Contract Nos. 17664 and 17665
with the Federal Aviation Administration at Fort Worth Spinks Airport; Executing a New
Memorandum of Agreement with the Federal Aviation Administration at Fort Worth Meacham
International Airport; and Executing a New Memorandum of Agreement with the Federal
Aviation Administration at Fort Worth Spinks Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 5 of 23
(VII. CONSENT AGENDA Continued)
13. M &C C -24084 - Authorizing the Use of Revenue Derived from Gas Well Drilling on City
Owned Airports in the Amount of $43,916.00 for Taxiway, Roadway and Light- Emitting Diode
Lighting Improvements at Fort Worth Spinks Airport; Authorizing the Transfer of Revenue in
the Amount of $43,916.00 from the Airports Gas Lease Project Fund "Unspecified" to a Project,
Spinks Taxiways Roadways and Lighting Improvements, within the Airports Gas Lease Project
Fund from Available Funds; Adopting Appropriation Ordinance No. 19033 -02 -2010 Increasing
the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund from
Available Funds, for Engineering Services; and Authorizing the City Manager to Execute
Amendment No. 1 to City Secretary Contract No. 38575 with CP &Y, Inc., for Engineering
Services, Thereby Increasing the Total Contract Amount to $128,395.00.
14. M &C C -24085 - Authorizing the City Manager to Transfer $346,427.00 from Water and
Sewer Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19034-
02 -2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects
Fund, from Available Funds, to Update the Wastewater System Master Plan Citywide; and
Authorizing the City Manager to Execute Amendment No. 1 to an Agreement with Freese and
Nichols, Inc., City Secretary Contract No. 37548, Increasing the Total Fee from $2,987,193.00 to
$3,333,620.00.
15. M &C C -24086 - Authorizing a Lease Agreement with Town Center Mall, L.P., for Office
Space Located at La Gran Plaza, 4200 South Freeway, Suite 2505, for the Parks and Community
Services Department, Community Services Division, American Recovery and Reinvestment Act
Offices, for a Term from February 1, 2010, Through September 30, 2010, or Until Termination
of Grant Funding in the Amount of $3,000.00.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1758 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 6 of 23
E. Award of Contract — (Withdrawn from Consent for Individual Consideration.)
City Manager Fisseler made the following correction to paragraph 5 of the Discussion section of
Mayor and Council Communication No. C -24072 to add the following language:
The unaudited unreserved undesignated fund balance for the Culture & Tourism Fund is $13.9 million,
which has a 20% or $4.8 million reserved requirement. This result is in approximately $9.1 million in
excess of the reserve requirement. This $9.1 million is available to be appropriated and therefore
available to cover M &C C -24072 related to platting Will Roger's facility totaling $58,800.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -24072 be approved as amended and
Supplemental Appropriation Ordinance No. 19030 -02 -2010 and Appropriation
Ordinance No. 19031 -02 -2010 be adopted.
Authorize Substantial Amendment to the Citi;s ... i66i--2'0-0'9 and 2009-2010 Action
continued until the March 2, 2010, Council meeting.
Mayor Moncrief advised that Mayor and Council Communication No. C -24087 would be moved up
and considered under Item IX. Special Presentations, Introductions, etc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 7 of 23
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
Ms. Kim Noetzel, Communications Manager, PetSmart Charities, recognized Ms. Crystal Tackett,
PetSmart Hulen Store Manager and Mr. Roy Sapp, PetSmart Alliance Store Manager and expressed
appreciation to the Mayor and Council and City staff for their support of the project and stated the
proposed animal shelter would be the first ever in -store facility for PetSmart Charities. She further
stated that by approving this project, they had projected adoptions of at least 1,300 dogs and cats per
year. She stated that PetSmart Charities would be funding 100 percent of the build -out for the facility
and added that this in -store animal shelter would be a model for communities throughout the nation.
Mr. Sapp expressed appreciation to the Mayor and Council and City staff for their support of the
project and stated the proposed collaboration with the City would allow adoption of more pets and
would provide an additional service to the citizens of Fort Worth.
Mr. Bill Boecker, CEO, Fine Line Investments, provided a brief history and overview of the project
and expressed excitement for the collaboration and the opportunity to provide homes for homeless
pets.
Mayor Moncrief pointed out that this project was a result of thinking outside of the box and showed
the creativity that Fort Worth was often known for. He expressed appreciation to all involved in the
project and advised he would support this item.
The following individuals appeared before Council in support of Mayor and Council Communication
No. C -24087 and requested Council approve the item:
Mr. Eric Lagess, 3451 River Park Drive, Number 1425
Ms. Suzanne Dunlap, 3451 River Park Drive
Council Member Zimmerman stated this project was a unique approach to solving a problem and
expressed appreciation to City staff and PetSmart for their time and effort and added this was the type
of project that made Fort Worth a great place.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. C -24087 be approved with appreciation to staff
and PetSmart. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 8 of 23
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1. Upcoming a nd Recent Events
Council Member Burns announced that the District 9 monthly office hours would be held on February
18, 2010, from 3:00 p.m. to 7:00 p.m., at the Greenbriar Community Center, located on Hemphill
Street.
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
the following individuals be reappointed to the Animal Shelter Advisory Committee,
effective February 9, 2010, with a term expiring October 1, 2011:
Ms Beverly Sims, Place 1
Ms. Betty Story, Place 3
The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mr.
Jim Graham be reappointed to Place 8 on the Aviation Advisory Board, effective
February 9, 2010, with a term of expiration October 1, 2010. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief requested that residents and businesses consider giving monetary donations to help
offset the costs associated with operation of the animal shelter and added that an optional donation line
may be added on the monthly water bill statement for those who wished to contribute.
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There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL RESOLUTIONS
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 9 of 23
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Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Resolution No. 3853 -02 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
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Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Resolution No. 3854 -02 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
3. A Resolution Authorizing the Historic Preservation Officer to Submit to the Historic and
Cultural Landmarks Commission Nomination of the Forest Park Towers as a Historic and
Cultural Landmark
Council Member Burns advised that there would be a celebration and rededication of the Historic
Forest Park Towers in the coming months. He also recognized local architect Mr. Bob Adams,
Historic and Cultural Landmarks Commission member, and added that he provided many historic
photographs of the towers and assisted with research of the historic site.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Resolution No. 3855 -02 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
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Non-Departmental
Departments by the Same Amount w Back Program.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G -16838 be approved and Ordinance No.
19035 -02 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 10 of 23
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Department Schools Grant from the United States
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. G -16839 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Please see page 18 for reconsideration on this item.
Council Member Hicks recognized the members of the Tarrant County Black Historical and
Genealogical Society, Inc., Board and stated the museum would benefit the entire community. She
expressed appreciation to the Mayor and Council and City staff for their support of the project and
stated this was an opportunity to celebrate the past and look forward to the future.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16840 be approved with appreciation and
Appropriation Ordinance No. 19036 -02 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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Allen Samuels r
1 _PepArtment East Division
District Neighborhood Policing
Ms. Betsy Price, Tarrant County Tax Assessor /Collector, 100 East Weatherford Street, representing
Streams and Valleys Inc., appeared before Council and presented Police Chief Halstead with the
license plate and keys for the 2009 GEM e4 Battery- Electric Low Speed Vehicle that was donated by
Streams and Valleys, Inc., and Allen Samuels Dodge- Hyundai. She recognized members of Streams
and Valleys, Inc., and representatives from Allen Samuels Dodge- Hyundai and added that the vehicle
would be of great use to the Police Department's East Division, Neighborhood Policing District 5, as
they patroled the trails.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 11 of 23
(G -16841 Continued)
Mayor Moncrief and Council Members Burdette and Moss expressed appreciation for the donation of
the vehicle and encouraged others to operate electric vehicles which reduced emissions and improved
the air quality.
Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G -16841 be approved with appreciation. The
motion carried unanimously nine (9) ayes to zero (0) nays.
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 Jordan left his place at the dais.)
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16842 be approved with appreciation to
Chesapeake Energy Corporation, Johnson Controls, Inc., and Friends of Trinity Trees
and Appropriation Ordinance Nos. 19037 -02 -2010 and 19038 -02 -2010 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
(Council Member Jordan returned to his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 12 of 23
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Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Mr. Eric Fladager, Comprehensive Planning Manager, Planning and Development Department,
appeared before Council and provided a staff report.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -16843 and relative to the Lake Worth Vision Plan, sustainable development, and the use of
parkland and waterfront property as a natural conservatory.
Mr. Joe Waller, 2533 Castle Creek
Ms. Gale Cupp, 9225 Heron Drive
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -16843 and relative to the future annexations planned and referenced in the draft
of the 2010 Comprehensive Plan and various zoning categories. They stated that the area was rural
with livestock and they did not wish to be annexed by the City and advised that they did not use or
need any City services.
Ms. E. Joe Bailey, M.D., 4039 Keller Haslet Road, Keller, Texas, 76244
Mr. Bill Vosberg, 1660 Staree Lane
Mr. Kenneth W. Patton, 1773 Staree Lane
Mr. Barney Boydston, 1590 Staree Lane
Mr. Noah Boydston, 1590 Staree Lane
Mayor Moncrief advised that annexations were only one part of the comprehensive plan and that none
of the annexations would be voted on tonight. He pointed out that the annexations would come back
before the Council for individual consideration. He stated the action tonight would be to close the
Public Hearing and an ordinance would be brought before Council on February 23, 2010, for
consideration of the 2010 Comprehensive Plan.
Council Member Espino advised that state law required the City to have an Annexation Plan
and requested City staff provide clarification of the Annexation Plan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 13 of 23
(G -16843 Continued)
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that the
Annexation Program was a five (5) year program, not mandated by state law, but was in accordance
with the Council Annexation Policy adopted in 2004. She further clarified that the Annexation Plan
was a separate document that was incorporated into the Comprehensive Plan and was a three (3) year
program mandated by the State that highlighted areas populated by at least one hundred dwelling units
that could be considered for future annexation. She added that some of the areas would not be annexed
for three (3) to five (5) years.
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the
public hearing be closed and Mayor and Council Communication No. G -16843 be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
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Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Julia McCleeary, Planner, Planning and Development Department, appeared before Council and
provided a staff report.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -16844 and relative to bicycle safety, improved quality of life, automobile and transportation
alternatives, healthy living, linking bicycle trails and lanes throughout the Metroplex and expressed
appreciation to Planning and Development Department staff for their support of the project.
Ms. Betsy Price, Tarrant County Tax Assessor /Collector, 100 East Weatherford Street
Mr. John Roberts, 3629 Ryan Avenue
Mr. Jim Wilson, 7205 Royal Oaks Drive
Mr. Cary Blocker, 6816 Hadley Drive, North Richland Hills, Texas, 76182
Mr. James O'Neil, 1128 Tanglewood Trail
Mr. Doug Black, 1801 5th Avenue
Mr. Mike Brennan, 1109 Mistletoe Drive
Mr. Ross Stephens, representing Link Our Trails City to City, 4701 Three River Court
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 14 of 23
(G -16844 Continued)
Mayor Moncrief, Mayor Pro tem Scarth and Council Members Burns, Burdette, and Jordan expressed
their excitement over the Bike Fort Worth Plan and stated it would provide safer streets for cyclists,
promoted healthy living and offered an alternate environmentally friendly mode of transportation.
They noted that other major cities such as Portland, Oregon and Seattle, Washington had added
numerous bicycle racks throughout both cities in response to the increase in bicycle transportation and
pointed out that the City would need to place bicycle racks around the City to ensure safety and reduce
theft. They expressed appreciation to Mr. Don Koski, former Planner with the Planning and
Development Department staff, and citizens for their work on the project and requested the late Dr.
Byron de Sousa, who was a supporter of the Bike Fort Worth Plan, be remembered.
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
the public hearing be closed and Mayor and Council Communication No. G -16844 be
approved and Resolution No. 3856 -02 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief recessed the meeting at 9:00 p.m. and reconvened the meeting at 9:05 p.m. with
Council Members Espino and Moss temporarily absent.
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
FEBRUARY 9, 2010
PAGE 15 of 23
(G -16845 Continued)
a. BgR2Lt of City Staff
(Council Members Espino and Moss assumed their places at the dais.)
Mr. Joel McElhany, Acting Parks Superintendent, 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 Espino made a motion, seconded by Council Member Moss, that the
public hearing be closed and Mayor and Council Communication No. G -16845 be
approved and Resolution No. 3857 -02 -2010 be adopted with appreciation to staff. The
motion carried unanimously nine (9) ayes to zero (0) nays.
D. Land
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Berry Street Bridge to Caffel Group, LLC, for a Two (2) Year Primary Term.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -14927 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
(Council Member Hicks left her place at the dais.)
City Secretary Hendrix advised that the Public Hearings for Mayor and Council Communication Nos.
L -14928 and L -14929 would be combined and considered under one motion.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 16 of 23
(Council Member Jordan left his place at the dais.)
a. BgR2Lt of City Staff
Mr. David Creek, Acting Assistant Director, appeared before Council and provided a staff report
b. Citizen Presentations
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 17 of 23
(L -14928 and L -14929 Continued)
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. L- 14928, but did not wish to address the Council:
Texas State Representative Lon Burnam, 2103 Sixth Avenue
Mr. Grayson Harper, 3605 Bellaire Drive South
The following individuals appeared before Council in support of Mayor and Council Communication
No. L -14929 and relative to the petition signed by the Crestwood Neighborhood in support of drilling
by Chesapeake Operating, Inc., and requested Council approval of this item:
Mr. Tom Robert, 404 North Bailey Avenue
Mr. Frank Diaz, 3700 Oak Lawn Drive
Mr. Frank Anderson 3725 Cresthaven Terrace
The following individuals completed speaker cards in support of Mayor and Council Communication
No. L- 14929, but did not wish to address the Council:
Mr. Richard Haskell, 621 Edgefield Road
Mr. Richard Jackson, 604 North Bailey Avenue
Mr. Hal Sullenberger, 600 Eastwood Avenue
Ms. June Morton, 738 North Bailey Avenue
Ms. Nila Morton, 820 Northwood Road
Mr. L.P. Morton, 820 Northwood Road
Mr. Robert Trophagen, 621 North Bailey Avenue
Mr. Bill Hipp, 620 Eastwood Avenue
Ms. Bea Hipp, 620 Eastwood Avenue
Mr. Robert Hayes, 609 Edgefield Road
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. L -14929 and relative to possible violations of the Texas Parks and Wildlife Code,
the removal of trees in Rockwood Park, the hazards associated with saltwater piping, the perceived
precedent that may be set by allowing construction on parkland and requested Council choose an
alternate route:
Ms. Wendy Vann, 1112 Scotts Way (provided a handout of a City map of Rockwood Park and
Rockwood Golf Course)
Mr. Paul John Roach, 1112 Scotts Way
Mr. Joe Waller, 2533 Castle Circle
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. L- 14929, but did not wish to address the Council:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 18 of 23
(L -14928 and L -14929 Continued)
Texas State Representative Lon Burnam, 2103 Sixth Avenue
Mr. Grayson Harper, 3605 Bellaire Drive South
c. Council Action
Council Member Burdette expressed appreciation to those who attended the meeting and provided an
overview of the history of the proposed item. He added that some of the citizen comments implied
that these proposed items were for the private gain of Chesapeake Operating, Inc., but that the gain was
actually for the citizens that owned the mineral rights. He advised that the proposed access road had
been thoroughly investigated and would not harm the parkland. He pointed out that the 1,400 square
feet that was proposed to be used for the access road had not been used by citizens or park users and
consisted of thick brush that had remained untouched. He also added that after the production of gas
had passed the area would still be used and enjoyed as parkland. He further stated that all requests
before the Council were considered separately and would not set a precedent for future parkland use.
Council Member Burns requested legal clarification if the use of the park was in violation of the Texas
Parks and Wildlife Code and if the land dedicated for cemetery use could be undedicated for that use.
Assistant City Attorney Sarah Fullenwider clarified the City was not violating the Texas Parks and
Wildlife Code and that the City was holding a Public Hearing and had taken all steps to minimize harm
to the parkland as required by the Code. She further clarified that the dedicated cemetery land could
not be undedicated as long as the land was being used for the current dedicated use.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that the
public hearing be closed and Mayor and Council Communication Nos. L -14928 and L-
14929 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays
with Council Member Hicks absent and one (1) abstention by Council Member Jordan.
(Council Member Jordan returned to his place at the dais.)
Mayor Moncrief advised that Mayor and Council Communication No. G -16839 would need to be
reconsidered so that Council Member Moss could abstain from the vote.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16839 be reconsidered. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Council Member Moss.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16839 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Council Member Moss.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 19 of 23
City Secretary Hendrix advised that the Public Hearings for Mayor and Council Communication Nos.
L -14930 and L -14931 would be combined and considered under one motion.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.
Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council
and provided a staff report.
(Council Member Hicks returned to her place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 20 of 23
(L -14930 and L -14931 Continued)
b. Citizen Presentations
The following individuals completed speaker cards in opposition to Mayor and Council
Communication Nos. L -14930 and L- 14931, but did not wish to address the Council:
Texas State Representative Lon Burnam, 2103 Sixth Avenue
Mr. Grayson Harper, 3605 Bellaire Drive South
c. Council Action
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that the
public hearing be closed and Mayor and Council Communication Nos. L -14930 and L-
14931 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
F. Award of Contract
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24088 be approved and Appropriation
Ordinance No. 19039 -02 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
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Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. C -24089 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 21 of 23
Community Development Block Grant Funds for the Project.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24090 be approved with appreciation to the
Housing and Economic Development Department staff. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Jill
........, ......... ......... ......... ..,,,,,
Development 226 Joint Venture Related to Proposed Retail
Timberland Boulevard, be Withdrawn from Consideration.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -24092 be approved and Appropriation
Ordinance No. 19042 -02 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24093 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 22 of 23
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24088 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV. ZONING HEARING
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Development and 606 Loney Street from "A-5" One-FamiI3: and "I" Light Industrial to "PD/E" Planned
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Motion: There being no one present desiring to be heard in connection with the zoning hearing,
Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC- 09 -133C be continued until the March 9, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
XVI. CITIZEN PRESENTATIONS
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that citizens should be
allowed longer than three (3) minutes to speak during citizen comments. He also spoke regarding
alleged mismanagement of the Near East Side Neighborhood Association and displayed a copy of the
bylaws and a photograph of a code violation in the neighborhood. He pointed out that he inspected 19
bus stops and that 14 of the bus stops had code violations. He further stated that the Labor Hall should
be closed and that the building flooded when it rained. He also expressed appreciation to the Water
Department staff for their assistance during inclement weather.
Ms. Opal Lee, 417 South Judkins Street, appeared before Council and requested permission to perform
a five (5) minute impersonation of Ms. Mary McLeod Bethune's last will and testament at the next
Council meeting. She stated it did not matter which meeting, Pre - Council or Regular, as long as she
was able to perform during a City Council Session.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 2010
PAGE 23 of 23
XVHI. ADJOURNMENT
There being no further business the meeting was adjourned at 9:48 p.m. in memory of Fort Worth
Firefighter David Eaves who was killed and Firefighters Eric Thompson and Michael Josh Pool, who
were injured last weekend in a one - vehicle rollover accident and their families.
These minutes approved by the Fort Worth City Council on the 23rd day of February, 2010.
Attest:
Marty Hen x
City Secretary
Approved: