HomeMy WebLinkAbout2010/02/23-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 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 10:40 a.m. on Tuesday, February 23, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Father John Parnell, St. Augustine Old Roman Catholic Church
The invocation was provided by Father John Parnell, St. Augustine Old Roman Catholic Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the
minutes of the regular meeting of February 9, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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There were no items withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 2 of 19
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City Manager Fisseler requested that Mayor and Council Communication No. L -14935 be continued
until the March 2, 2010, Council meeting.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, 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 -16846 - Adopting Resolution No. 3858 -02 -2010 to Hire Terry Morgan and the Law
Firm of Terry D. Morgan and Associates, P.C., Pursuant to Chapter VI, Section 3 of the City
Charter, for an Amount Not to Exceed $60,000.00 for Legal Services Related to Roadway
Maintenance and Transportation Impact Fees.
2. M &C G -16847 - Authorizing the City Manager to Sign a Notice of Quiet Zone Establishment
for the Creation of New Quiet Zones at these Three (3) Railroad Crossings: Union Pacific
Railroad at Sycamore School Road; Burlington Northern Santa Fe Railway at Sycamore School
Road and Trinity Railway Express at Bell Spur.
3. M &C G -16848 - Authorizing the Temporary Road Closure of Alta Vista Road between State
Highway 170 and Keller - Haslet Road from March 1, 2010, to July 1, 2010, to Facilitate Road
Reconstruction.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11089 - Authorizing a Purchase Agreement with H.D. Waterworks, LTD, for Check
and Tapping Valves for the Water Department for an Annual Estimated Cost Up to $36,000.00.
2. M &C P -11090 - Authorizing Primary and Secondary Purchase Agreements with Reeder
Distributors, Inc., and Felt Heavy Duty Oil, LLC, for Oils and Lubricants for Annual Amounts
Up to $275,000.00 and $25,000.00, Respectively; and Authorizing the Execution of Cooperative
Purchasing Agreements Allowing Other Local Governments to Participate in this Bid Award in
Accordance with Local Government Code Section 271.102, "Cooperative Purchasing Program
Participation."
3. M &C P -11091 - Authorizing a Purchase Agreement with Earth Haulers, Inc., for Screened
Topsoil for a Two (2) Year Initial Period with an Annual Cost of Up to $134,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 3 of 19
(VII. CONSENT AGENDA Continued)
4. M &C P -11092 - Authorizing the Purchase of Water Main Equipment for the Water
Department from Sunbelt Rentals, Inc., Barco, TT Technologies, Inc., Kinlock Equipment,
United Rentals Northwest, Inc., and Aramsco, Inc., with a Total Cost of $94,142.55.
D. Planning & Zoning - Consent Items
1. M &C PZ -2869 - Adopting Ordinance No. 19041 -02 -2010 Vacating and Extinguishing a
Portion of Old Seminary Drive at the Southeast Corner of Seminary Drive and Town Center
Drive, Situated in the John Thornhill Survey, Abstract No. 1519, City of Fort Worth, Tarrant
County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City Shall
Retain all Existing Utilities Easements; Authorizing the City Manager to Execute the
Conveyance of the Right -of -Way; and Waiving Any and All Purchase Fee Value for the Portion
of Vacated Land Not Held in Fee Simple Title by the City in Accordance with City Policy (M &C
G- 15624).
E. Award of Contract - Consent Items
1. M &C C -24095 - Authorizing a Professional Services Agreement with Mainline Information
Systems, Inc., for Services to Support the City's Mainframe Operating Environment for the
Information Technology Solutions Department Utilizing the General Services Administration
Contract, GS- 35F -0216L for an Amount Not to Exceed $180,000.00.
2. M &C C -24096 - Authorizing the City Manager to Execute a Service Agreement with the State
of Texas Department of Information Resources for Long Distance Telecommunications Network
Services Using a Texas Agency Network (TEX -AN 2000) Contract for the Information
Technology Solutions Department at an Annual Amount of $60,000.00.
3. M &C C -24097 - Approving a Correction of M &C C -24088 to Change the Name of the Vendor
from Oracle USA, Inc., to Oracle America, Inc.
4. M &C C -24098 - Authorizing the City Manager to Execute a Contract in the Amount of
$234,000.00 with C. Green Scaping Company, L.P., for 150 Calendar Days for Brick Pavement
Repair 2009 -13 for Camp Bowie Boulevard.
5. M &C C -24099 - Authorizing the City Manager to Execute a Contract with the Texas
Department of Transportation to Temporarily Close Houston Street from First Street to Fifth
Street and Commerce Street from Second Street to Belknap Street (State Highway 287) on
Saturday, February 27, 2010, from 2:00 a.m. to 3:00 p.m. to Accommodate the Annual Cowtown
Marathon.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 4 of 19
(VII. CONSENT AGENDA Continued)
6. M &C C -24100 - Authorizing the City Manager to Execute a Consulting Agreement for
Development of Request for Proposal Requirements and Definition of Performance Measures,
Participation in Pre -Bid Process, Evaluation of Proposals, Contract Negotiation Assistance and
Operational Transition Support of Fleet Operations for the Equipment Services Department
with Mercury Associates, Inc., for an Amount Not to Exceed $128,538.00.
7. M &C C -24101 - Adopting Appropriation Ordinance No. 19042 -02 -2010 Increasing the
Estimated Receipts and Appropriations in the Grants Fund in the Amount of $43,035.00, from
Available Funds, for the Fiscal Year 2009 City of Fort Worth and Tarrant County Readiness
Initiative Contract Costs Authorized by M &C C- 23329; and Authorizing the Transfer of Eligible
Costs Incurred in Fiscal Year 2009 from the Fund Centers where the Eligible Costs were
Charged to the Grants Fund.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S -1759 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation by Ms. Oval Lee in Recognition of Mary McLeod Bethune
Educator, Author and Civil Rights Leader
Ms. Sandy Joyce, 1302 East Terrell Avenue, representing the Southeast Neighborhood
Association, appeared before Council in support of the presentation by Ms. Opal Lee in recognition of
Mary McLeod Bethune and requested that the Council consult with leaders in the community to
annually recognize Black History Month.
Ms. Sophia Washington Williams, 928 Church Hill Drive, Saginaw, Texas, 76131, completed a
speaker card in support of the presentation by Ms. Lee in celebration of Black History Month, but did
not wish to address the Council.
Ms. Opal Lee, 417 South Judkins Street, presented the last will and testament of Mary McLeod
Bethune. She stated that Ms. Bethune (July 10, 1875 — May 18, 1955) was known as a social reformer
and educator, an advisor to President Roosevelt and founder of the National Council of Negro Women
and Bethune - Cookman College in Florida.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 5 of 19
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mayor Moncrief expressed appreciation to Ms. Lee for the special presentation and added that the
diversity of the City was known as one of its great strengths. He also recognized the Student Council
of W. M. Green Elementary School and stated that they were the future leaders of the City and the
Nation. He added that the young people in the City were the biggest priority and that their success was
limited only by their imagination.
Council Member Hicks expressed appreciation to Ms. Lee for the special presentation and stated the
expressions by Ms. Bethune were truly words to live by.
1. Uncomin2 and ece t Events
Council Member Moss announced that the Center for Stop Six Heritage, located at 5100 Willy Street,
was open from 10:00 a.m. to 2:00 p.m. on Tuesday, Thursday, and Saturday. He stated in honor of
Black History Month, the Center would host a workshop entitled Preserving the Family History
through Scrapbooks and Private Picture Books, on February 27, 2010, from 10:00 a.m. to 12:00 p.m.
He advised that the workshop would be lead by Fort Worth Public Library Assistant Jabari Jones and
added the Genealogical Society had been of great assistance in planning the workshop. He also
announced that planning for the Stop AIDS Leadership Project Celebration for Life Concert, sponsored
in part by the City of Fort Worth, AIDS Outreach Center, and the Tarrant County Health Department,
was underway and would be held on April 13, 2010, from 1:00 p.m. to 6:00 p.m. at the Fort Worth
Convention Center. He advised admission to the concert was free for any individual who had been
tested for AIDS or had attended an educational class. He stated that individuals could be tested on
February 27, 2010, at the Como Community Center, located at 4900 Horne Street, from 12:00 p.m. to
5:00 p.m. and on March 6, 2010, at the Forest Hill Community Center, located at 6800 Forest Hill
Drive, from 9:00 a.m. to 6:00 p.m. He further stated that individuals could also be tested at the AIDS
Outreach Center located on North Beach Street and at the Tarrant County Health Department located
at 1101 South Main Street, during normal business hours.
Council Member Jordan announced that Ms. Billie Mitchell - Westfall, a lifelong resident of Fort Worth
and a vital member of the Citizens on Patrol passed away on February 17, 2010. He stated she was
instrumental in crime prevention and public safety in District 6 and provided crucial information used
to solve several homicide investigations. He requested that the Council meeting be adjourned in her
memory.
City Manager Fisseler requested Mr. Brian Boerner, Director, Environmental Management
Department, provide clarification on the City's policies related to the removal of yard waste and tree
limbs, due to the winter storm which occurred last week.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 6 of 19
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mr. Boerner stated the yard waste removal program was very robust and allowed for weekly collection
of individual tree and shrub limbs up to eight (8) feet long and four (4) inches in diameter which could
be stacked at the curb on the weekly pickup day. He further stated that the City provided monthly
curbside collection of items that were too large, heavy or bulky to fit in the brown garbage cart for
normal garbage pickup. He advised that the pickup of bulky items was limited to ten (10) cubic yards
at no extra charge to each Fort Worth household that received curbside garbage and recycling
collection.
Mayor Pro tem Scarth and Council Member Jordan requested clarification on the cost of the service.
Mr. Boerner stated that if the pile of brush or the oversized item was in compliance with the policy
then there was no charge for the pickup. He added that if the pile was over ten (10) cubic yards or
approximately eight (8) feet long, six (6) feet wide and six (6) feet tall then the resident would incur an
extra charge of $75.00 for the first extra ten (10) yards and $65.00 per five (5) cubic yards of excess
materials up to twenty (20) cubic yards of excess.
Mayor Pro tem Scarth and Council Members Jordan and Burdette expressed concern over residents
being charged a fee for removal of yard waste caused by an act of God. They stated many areas of the
City were heavily damaged by the storm and citizens should not be expected to pay for pickup of the
waste caused by condition beyond their control. They recommended the Council waive the fee for the
pickup of the yard waste and encouraged the swift removal of the debris.
City Attorney Yett advised that this item was not a posted agenda item and Council could not take
action. He added that the issue would need to come back before Council as a Council Proposal before
Council could take action, as staff was not recommending waiving fees.
Council Member Jordan requested Mr. Boerner provide a cost estimate to the Council relative to the
City picking up the tree debris, at no cost to the resident, at the next Council meeting and that
consideration be given to adding to the City's ordinance for waiver of fees for acts of God.
Mayor Pro tem Scarth stated that the report should also include the additional costs that would be
incurred by the City as a result of waiving the fees to determine if the City needed to appropriate
additional funds for the Environmental Management Department
City Manager Fisseler clarified that any tree limbs that were cut down by Oncor Electric Company
would be picked up by Oncor at no cost to the resident.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 7 of 19
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
City Manager Fisseler also advised that longtime Code Compliance employee, Ms. Pamela Lambert-
Turner, passed away on February 21, 2010. He stated she had been a City employee since 1995 and
had also worked in the Health Department and the City Secretary's Office. He further stated that the
funeral service would be held on February 27, 2010, at Chapel Creek Fellowship Church and requested
the Council meeting be adjourned in her memory.
2. Recognition of Citizens
There was no recognition of citizens.
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mr.
Ramon Romero, Jr., be appointed to the City Zoning Commission and the Fort Worth
Alliance Airport Zoning Commission effective February 23, 2010, with a term expiring
October 1, 2010. The motion carried unanimously nine (9) ayes to zero (0) nays.
City Secretary Hendrix advised that Council Proposal No. 281 and Resolution No. 2 would be
considered under one motion.
City Attorney Yett clarified that if the Council wished to take action on Council Proposal No. 281 it
would require a motion to suspend the rules and six (6) affirmative votes.
District
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District
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, to suspend
the rules in accordance with Section 2.13 of the Council Rules of Procedure. The motion
carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 8 of 19
(XI. PRESENTATIONS BY THE CITY COUNCIL Continued)
Council Member Moss advised that this Council Proposal was a result of a change in state law. He
stated a provision went into effect on January 1, 2010, which allowed the Crime Control and
Prevention District Board of Directors (CCPD Board) to assess taxes on residential gas and electric
utilities. He further stated that it was the position of the Council that the decision to tax was something
that the elected officials should have control over, specifically when the budget was considered and
planned.
The following individuals appeared before Council in opposition to Council Proposal No. 281 and
requested that the citizen - appointed CCPD Board remain as the governing body of the CCPD and
advised that the current members had been good stewards of the funds. They stated that CCPD funds
were in place for crime prevention tactics and public safety projects, such as Code Blue and Citizens
on Patrol. They further requested that should Council Members be appointed as the CCPD Board, they
pass a companion resolution affirming that all tax revenue be spent as authorized under current law and
not be used to supplant the City's General Fund:
Mr. Richard Van Houten, President, Fort Worth Police Officers Association, 904 Collier Street
Mr. David Vasquez, 4109 Staghorn Circle South (member of the CCPD Board)
Mr. Calvin Clayton, 2824 Lipscomb
Ms. Camille Drinan, 5737 Fair Wind Street
Ms. Gigi Goesling, 4301 Kenwood Court
Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Burdette, Hicks, and Moss all
expressed appreciation to those would were in attendance and stated that State law governed how the
CCPD tax revenue could be spent. They further stated that their top priority was to keep the citizens
safe and that the Council Proposal and proposed resolution were a direct result of legislation that was
passed regarding an additional tax being added to utility bills. They added that CCPD tax revenue was
not the only funds that were allocated each budget year for public safety and crime prevention and
pointed out that the Council would be held directly accountable for use of the funds should they be
appointed as the governing body of the CCPD.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Council
Proposal No. 281 be approved and Resolution No. 3859 -02 -2010 be adopted. The motion
carried unanimously nine (9) ayes to zero (0) nays.
XIL PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND /OR CITY COUNCIL COMMITTEES
There were no presentations and /or communications form boards, commissions and /or City Council
committees.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 9 of 19
XIII. RESOLUTIONS
1. A Resolution Appointing embers to the Su staff flAhj!LtL_ Task Force Effective
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Resolution No. 3860-02-2010 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
(Continued from Januar3:26,2010) (PUBLIC HEARING).
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. G-16752 be continued until the March 23, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
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Expenditures.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. G-16849 be approved and Supplemental Appropriation
Ordinance No. 19043-02-2010 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
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Ma2nolia Avenue.
Motion: Council Member Moss made a motion, seconded by Council Member Bums, that Mayor and
Council Communication No. G-16850 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 10 of 19
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -16851 be approved and Ordinance No. 19044 -02 -2010
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. G -16852 be approved with appreciation to the Housing and
Economic Development staff. The motion carried unanimously nine (9) ayes to zero (0)
nays.
Worth; and Adopt Appropriation
Appropriations
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -16853 be approved with appreciation and Appropriation
Ordinance No. 19045 -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 23, 2010
PAGE 11 of 19
D. Land
...
Oakmont 1
Boulevard R, Boulevard,
$22,968.00 for a Two (2) Year Primary Term.
Mayor Pro tem Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Mayor Pro tem Scarth left his place at the dais.)
Mr. Robert Snoke, 3826 6th Avenue, appeared before Council in opposition to Mayor and Council
Communication No. L -14932 and requested an update on the status of the independent study of the gas
wells located in the City.
Ms. Susan Alanis, Director, Planning and Development Department, advised that the City was working
with community groups to obtain input for the study and stated that the City would go through the
formal Request for Quote (RFQ) process to obtain an independent firm.
Council Member Hicks requested the Planning and Development Department provide an Informal
Report at the next Council meeting regarding an update on the progress of the independent study of the
gas wells located in and around the City.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. L -14932 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem
Scarth.
(Mayor Pro tem Scarth returned to his place at the dais.)
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Two (2) Year Primary Term.
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 and Mayor and Council Communication
No. L- 14934.
(Council Member Jordan left his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 12 of 19
(L -14933 Continued)
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. L -14933 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member
Jordan.
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a Two (2) Year Primary Term.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. L -14934 and advised that the neighbors had not been properly notified that this
item would appear on the agenda. They also requested that the item be continued to an evening
Council meeting when more residents could attend and voice their opinions:
Ms. Annette Kellam, 4017 Ryan Avenue (provided a video entitled, "Democracy Now Free Speech
Television" regarding gas well drilling, for Council review.)
Mr. Robert Snoke, 3826 6th Avenue
Mr. Charles Dreyfus, 2416 Park Place, completed a speaker card in opposition to Mayor and Council
Communication No. L- 14934, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. L -14934 be continued until the March 9, 2010, Council
meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1)
abstention by Council Member Jordan.
(Council Member Jordan returned to his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 13 of 19
E. Planning & Zoning
Mr. Jeff Davis, representing Dunaway Associates, completed a speaker card in support of Mayor and
Council Communication No. PZ -2865, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. PZ -2865 be approved and Ordinance No. 19046 -02 -2010
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
2. M &C PZ -2870 - Adopt an Ordinance Clanging the Nance of Jinn Wright Freeway from North
Main Street to its Western Terminus to "Windv Rvon Wav",
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. PZ -2870 be approved with appreciation to the Planning
and Development Department staff, the Texas Department of Transportation, Tarrant County
Commissioner J.D. Johnson, and the Ryon Family and Ordinance No. 19047 -02 -2010 be
adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
F. Award of Contract
All
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Pipeline Across Hodgkins Road, South of Ten Mile Bridge Bridg
wila
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C -24102 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 14 of 19
1 A , .
Design Documents for the Modern Streetcar Planning and Design Pro
Main Motion: Council Member Burns made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C -24103 be continued until the
March 2, 2010, Council meeting.
Substitute Motion: Council Member Jordan made a substitute motion, seconded by Council
Member Burdette, that Mayor and Council Communication No. C -24103 be
continued until the March 23, 2010, Council meeting.
Mayor Moncrief and Council Members Burns, Espino, and Moss all supported continuing the item for
one week to allow for questions to be answered on how the potential street car program would
interface with the rail program and to listen to a presentation by Mr. Tom Shelton, North Central Texas
Council of Governments regarding those questions.
Mayor Pro tem Scarth and Council Members Jordan, Burdette, Hicks and Zimmerman all supported
continuing the item for one month and stated that the item was being rushed and the Council had not
reviewed the contract with the consultant and requested more information. They also discussed the
important implications of committing to such a project without knowing the full extent of the budget
situation for the coming year.
Council Member Burdette requested that the Council be provided with the consultant's contract for
review prior to further consideration of the item.
Council Member Hicks recommended that the language related to the starter alignment provisions be
removed.
The motion carried five (5) ayes to four (4) nays, with Mayor Moncrief and Council Members Espino,
Moss and Burns casting the dissenting votes.
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for a One (1) Time License Fee of $5,566.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24104 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 15 of 19
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-24105 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
5. MSC C-24106 - Authorize the City Manager to Credit Tarrant County in an Amount Not to
Exceed $90,313.00 for Labor and Eguiment Contributed to the Auto Pound Proiect to Offset
Street and Sidewalk Rental Fees Associated with the Construction of the New Tarrant County
Medical Examiner's Office.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24106 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV. ZONING HEARING
Council Member Hicks requested that the item be amended stating that all financial institutions are to
be excluded except for banks and credit unions.
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 Jordan, that the public
hearing be closed and Zoning Docket No. ZC-10-008 be approved as amended. The motion
carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 16 of 19
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by
Council Member Jordan, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19048 -02 -2010
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN
ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES,
THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING
AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
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 January 27, 2010. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 17 of 19
(ZC -03 -036 Continued)
Motion: There being no one present desiring to heard in connection with the Text Amendment,
Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the Zoning
Hearing be closed, and Zoning Docket No. ZC -09 -036 be approved. The motion carried
unanimously nine (9) ayes to (0) nays.
Please see page 19 for reconsideration of this item due to a posting error of the incorrect zoning case
number.
XVL CITIZEN PRESENTATIONS
1 I 11 111 11 1 11 I 11 c, I
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and expressed appreciation to The T
Bus Drivers for their safe driving and to the Public Works Department for their assistance with the
streets and debris during the winter storm. He also advised that a hotdog vendor near The T was not in
compliance with the City Code and was serving food using unsanitary methods. He further advised of
his plans for usage of a WiFi system to record the Council meetings and allow for public comments in
real time via his website.
Mr. Dwayne Morrison, 911 Roaring Springs Road, appeared before Council in opposition to changing
the name of Roaring Springs Road to Ben Hogan Drive and stated that approximately 400 residents
were opposed to the name change being discussed by Westworth Village. He advised that an accident
occurred on his property on January 17, 2010, that caused $1,600.00 in damages to the foliage and
property. He further advised that the Police Officer that responded to the accident did not file a Police
Report and requested the name of the Police Officer. He also commended the Council for the
implementation of the toilet exchange program and added that he planned to take advantage of the
program.
Council Member Burdette advised that there had been no formal action by Westworth Village or the
City of Fort Worth had been taken and that notice would be sent to all residents on Roaring Springs
Road to allow them to express their opinion should the name change request more forward.
Mr. George Barnes, 5300 Helmick Avenue, appeared before Council in opposition to the Samaritan
House being built on the site of the Vickery Motel in the Como Community and referenced a
neighborhood meeting at the Como Community Center. He stated eighty percent (80 %) of the Como
Community were against the proposed Samaritan House project and advised that he had a petition
which included 500 -600 names of residents in opposition to the project. He requested clarification as
to when this item was going on the Council's agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 18 of 19
(XVI. CITIZEN PRESENTATIONS Continued)
Council Member Burdette advised Mr. Barnes that he would need to communicate his concerns with
the property owners and and with the representatives of Samaritan House, as this item was not before
the City Council. Mr. Barnes was advised he could provide the petition to the City Secretary's Office.
Ms. Gigi Goesling, 4301 Kenwood Court, completed a citizen presentation card and was recognized by
Mayor Moncrief, but was not present in the Council Chamber.
Mayor Moncrief advised that Zoning Docket No. ZC -09 -036 must be reconsidered due to a posting
error.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC -09 -036 be reconsidered. The motion carried unanimously nine (9)
ayes to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC -09 -036 be continued until the March 2, 2010, Council meeting. The
motion carried unanimously nine (9) ayes to zero (0) nays.
XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 12:43 p.m. to:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other
matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules
as authorized by Section 551.071 of the Texas Government Code:
a) Legal issues concerning collective bargaining with the firefighters' union;
b) Legal issues concerning premature street failures;
c) Legal issues concerning bait car agreement;
d) Legal issues concerning the City's animal nuisance and cruelty ordinances;
e) Legal issues concerning any item listed on today's City Council meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of
the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party; and
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 23, 2010
PAGE 19 of 19
(XVH. EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) Continued)
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the
Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
Mayor Moncrief adjourned the Executive Session at 2:00 p.m.
The Council reconvened back into regular session.
XVHI. ADJOURNMENT
There being no further business the meeting was adjourned at 2:00 p.m. in memory of Ms. Billie
Mitchell - Westfall, a lifelong resident of Fort Worth and a vital member of the Citizens on Patrol, who
passed away on February 17, 2010, and longtime City of Fort Worth employee, Ms. Pamela Lambert-
Turner, who passed away on February 21, 2010.
These minutes approved by the Fort Worth City Council on the 2nd day of March, 2010.
Attest:
Marty He rix
City Secretary
Approved: