HomeMy WebLinkAbout2010/03/09-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 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 7:11 p.m. on Tuesday, March 9, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Pastor Charles Knight, Tree of Life Church
The invocation was provided by Pastor Charles Knight, Tree of Life Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 2 2010
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
the minutes of the regular meeting of March 2, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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City Manager Fisseler requested that Mayor and Council Communication Nos. P- 11094, P -11095 and
C -24125 be withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 2 of 22
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City Manager Fisseler requested that Mayor and Council Communication Nos. G -16865 and P -11094
be continued until the March 23, 2010 Council meeting.
Council Member Hicks expressed appreciation to City Manager Fisseler for continuing M &C No.
P -11094 and advised that she had concerns with the expenditure when staff had informed her the work
could be performed for half the amount reflected in the M &C.
VII. CONSENT AGENDA
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, 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 -16864 - Authorizing the City Manager to Adopt Resolution No. 3865 -03 -2010
Authorizing an Increase of $25,000.00 to the Maximum Amount to be Paid to the Law Firm of
Booth, Ahrens and Werkenthin, P.C., as Outside Legal Counsel to Assist and Advise the City on
Legal Issues Related to the Negotiation and Drafting of the New Wholesale Water Contracts, for
an Amount Not to Exceed $39,700.00; and Adopting Supplemental Appropriation Ordinance No.
19065 -03 -2010 Increasing the Estimated Receipts and Appropriations in the Water and Sewer
Fund and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11093 - Authorizing the Purchase of Audio and Video Equipment from Audio Visual
Innovations, Inc., for Use at the Hazel Harvey Peace Center for Neighborhoods Using Public,
Education and Governmental (PEG) Funds and Facility Construction Project Funds in an
Amount of $223,750.46; and Adopting Supplemental Appropriation Ordinance No. 16066 -03-
2010 Increasing Estimated Receipts and Appropriations in the Cable Office Section of the
Special Trust Fund in the Amount of $115,288.61 from PEG Restricted Revenue Funds.
4. M &C P -11096 - Authorizing Purchase Agreements with Mr. Good Dirt for Maintenance of
City Parks within the Lake Worth Dam and Conduits District for an Initial Annual Cost of
$9,900.00 and with Whitmore and Sons, Inc., for Maintenance of City Parks in the North, South
and Lake Worth Developed Parks Districts for an Initial Cost of $190,219.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 3 of 22
(VII. CONSENT AGENDA Continued)
5. M &C P -11097 - Authorizing the Purchase of Speed Detection Radar Equipment from Kustom
Signals, Inc., for the Police Department through a Houston- Galveston Area Council Cooperative
Contract (HGAC) Using Crime Control and Prevention Funds for a Total Amount Up to
$104,565.30.
6. M &C P -11098 - Authorizing a Purchase Agreement with Ferguson Waterworks for Flexible
Pipe Couplings and Adaptors for the Water Department for an Annual Amount Up to
$42,000.00.
C. Land - Consent Items
1. M &C L -14938 - Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 3109
Shadt Street, Described as Lot 11, Block 7, Shoe and Leather Addition, Fort Worth, Texas, to
Magdaleno and Aracely A. Luevanos in Accordance with Section 34.05 of the Texas Tax Code
for a Total Sales Price in the Amount of $481.48; and Authorizing the City Manager, or His
Designee, to Execute and Record the Appropriate Instruments Conveying the Property to
Complete the Sale.
D. Planning & Zoning - Consent Items
1. M &C PZ -2873 - Authorizing the City Manager to Initiate a Zoning Change for 2201 Oak Hill
Drive from "A -5" One - Family to "A -43" One - Family, in Accordance with the Comprehensive
Plan.
2. M &C PZ -2874 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
Five of the West Meadowbrook Neighborhood, from Various Districts to "A -5" One - Family, `B"
Two - Family, "C" Medium Density Multi - Family, "CF" Community Facilities, "ER"
Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General
Commercial Restricted, "F" General Commercial and "I" Light Industrial, in Accordance with
the Comprehensive Plan.
E. Award of Contract - Consent Items
1. M &C C -24121 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount
of $47,795.00 to City Secretary Contract No. 23208 with Stabile & Winn, Inc., for Water and
Paving Improvements on Burger Street from Cottey Street to Turner Street, for Additional
Quantities, Thereby Increasing the Contract Amount to $497,963.75 for Additional Pavement
Repairs, Lime Stabilization for Subgrade and Replacement of an Existing Gate Valve.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 4 of 22
(VII. CONSENT AGENDA Continued)
2. M &C C -24122 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $33,693.24 to City Secretary Contract No. 37270 with Laughley Bridge and Construction, Inc.,
for Additional Construction Items Necessary for the Briarhaven- Fieldcrest Drainage
Improvements Project (City Project No. 00085), Thereby Increasing the Contract Amount to
$2,302,013.24.
3. M &C C -24123 - Authorizing the Transfer of $61,113.00 from the Water and Sewer Operating
Fund to the Water Capital Projects Fund in the Amount of $36,667.00 and Sewer Capital
Projects Fund in the Amount of $24,446.00; Adopting Appropriation Ordinance No. 19067 -03-
2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund
and in the Sewer Capital Projects Fund, from Available Funds for the Design of East First Street
from Beach Street to Oakland Boulevard; and Authorizing the City Manager to Execute
Amendment No. 2 in the Amount of $110,428.00 to City Secretary Contract No. 36513 with
Dunaway Associates, L.P., Thereby Resulting in a Total Contract Cost of $844,295.00.
4. M &C C -24124 - Authorizing the City Manager to Execute an Agreement with ChemWare
Inc., in the Amount of $349,639.00 for Software Licenses, Implementation and Annual
Maintenance for a Laboratory Instrument Management System for the Water Department; and
Authorizing the Agreement to be Effective as of March 9, 2010, and Expire March 1, 2011, with
Annual Options to Renew Maintenance Through March 1, 2013.
6. M &C C -24126 - Authorizing the City Manager to Execute a Professional Services Agreement
with HSQ Technology in the Amount of $253,910.00 for the South Holly Water Treatment Plant
Remote Terminal Unit Upgrade Project.
7. M &C C -24127 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $149,000.00 to City Secretary Contract No. 38587, with Carollo Engineers, P.C., for the Design
of Village Creek Wastewater Treatment Plant Secondary Area and Filters Rehabilitation and
Modifications, Thereby Increasing the Contract Cost to $1,042,000.00.
8. M &C C -24128 - Authorizing the City Manager to Execute an Engineering Agreement with
Malcolm Pirnie, Inc., in the Amount of $600,000.00 to Design the Village Creek Wastewater
Treatment Plant Influent Junction Box Repair and Sluice Gate Replacement.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 5 of 22
(VII. CONSENT AGENDA Continued)
9. M &C C -24129 - Authorizing the Transfer of $412,345.00 from the Water and Sewer
Operating Fund to the Water Capital Projects Fund in the Amount of $321,425.00 and Sewer
Capital Projects Fund in the Amount of $90,920.00; Adopting Appropriation Ordinance No.
19068 -03 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and in the Sewer Capital Projects Fund, from Available Funds, for Water and
Sanitary Sewer Main Relocations on Vickery Boulevard, Jennings Avenue and Pennsylvania
Avenue, City Secretary Contract Number 32129; and Authorize the City Manager to Execute
Amendment No. 1 in the Amount of $380,345.00 to City Secretary Contract No. 32129 with
Kimley -Horn and Associates, Inc., Thereby Increasing the Contract Amount to $772,245.00.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S -1761 - Notice of Claims for Alleged Damages and /or Injuries
2.00S -1762 - Liability Bonds Approval
End of Consent Agenda.
B. Purchase of Equipment, Materials, and Services — (Removed from the Consent Agenda for
Individual Consideration)
2. It was the Consensus of the Council that Mayor and Council Communication No. P- 11094,
Authorize a Purchase Agreement with DMCA, Inc., for Purchase, Installation, Removal and
Repair of Carpet and Floor Tile for an Estimated Annual Amount Up to $429,450.00 be
Continued Until the March 23, 2010, Council meeting.
3. M &C P -11095 - Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Golf Capital Project Fund (Gas Wells) in the Amount of $91,927.00 from
Available Funds, for the Purpose of Transferring Said Funds to the Golf Capital Projects Fund;
Authorizing the Transfer of the Funds; Adopt an Ordinance Increasing the Estimated Receipts
and Appropriations in the Golf Capital Projects Fund from Available Funds, for the Purchase of
Equipment and Training; and Authorize the Purchase of Equipment and Training for the Golf
Division from Multiple Vendors.
City Manager Fisseler advised that the subject of the M &C needed to be amended to add "Multiple
Vendors Using Golf Capital Project Fund (Gas Wells).
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns that Mayor
and Council Communication No. P -11095 be approved as amended and Appropriation
Ordinance No. 19069 -03 -2010 and Ordinance No. 19070 -03 -2010 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 6 of 22
E. Award of Contract - (Removed from the Consent Agenda for Individual Consideration)
5. M &C C -24125 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the Lake Worth Capital Improvement Fund (Gas Wells) in the Amount of
$991,477.00, from Available Funds, for the Purpose of Transferring said Funds to the Water
Capital Projects Fund for the Northside III Sixteen (16) Inch Waterline Installation Project;
Authorize the Transfer from the Lake Worth Capital Improvement Fund (Gas Wells) to the
Water Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Water Capital Projects Fund, from Available Funds, for the
Project; and Authorize the City Manager to Execute a Contract with William J. Schultz, Inc.,
d /b /a Circle "C" Construction Company, for the Project in an Amount Not to Exceed
$913,405.00.
City Manager Fisseler advised that the subject of the M &C needed to be amended to add an "s" after
"Ordinances" as there were two (2) appropriation ordinances related to this issue.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth that Mayor
and Council Communication No. C -24125 be approved as amended and Appropriation
Ordinance Nos. 19071 -03 -2010 and 19072 -03 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
District 1. Presentation of Certificates of Reco2nition to Former Crime Control and Prevention
Board Members
Council Member Zimmerman presented Certificates of Recognition to the following former Board and
Commission members:
Mr. David Vasquez, for his service as the President of the Crime Control and Prevention District from
October 19, 2004, through February 23, 2010.
Mr. Carlos Flores, for his service on the Crime Control and Prevention District from July 29, 2008,
through February 23, 2010.
Mr. James Russell, for his service on the Crime Control and Prevention District from July 29, 2008,
through February 23, 2010.
Ms. Torchy White, for her service on the Crime Control and Prevention District from July 29, 2008,
through February 23, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 7 of 22
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mr. Eric Brown, for his service on the Crime Control and Prevention District from July 29, 2008,
through February 23, 2010.
Mr. Joseph De Leon, for his service on the Crime Control and Prevention District from
October 19, 2004, through February 23, 2010.
Ms. Nancy Labuy, for her service as the Recording Secretary for the Crime Control and Prevention
District from March 23, 1995, through February 23, 2010.
Council Member Zimmerman advised that the following individuals were unable to attend the meeting
to receive a Certificate of Recognition:
Ms. Brenda Silcox, for her service on the Crime Control and Prevention District from July 21, 2009,
through February 23, 2010.
Ms. Tommie Henton, for her service on the Crime Control and Prevention District from
October 19, 2004, through February 23, 2010.
Reverend Wendell Cass, for his service on the Crime Control and Prevention District from
June 23, 2009, through February 23, 2010.
2. Presentation on the Fort Worth Neighborh ®od Awards Winners
Mayor Pro tem Scarth announced that the Park Glen Homeowners Association was the recipient of the
Community Collaboration Award and he advised that the representative from the Association was not
in attendance.
Council Member Kathleen Hicks presented the Fort Worth Pride Award to the West Meadowbrook
Neighborhood Association.
Ms. Wanda Conlin accepted the award on behalf of the Association and expressed appreciation to the
Mayor and Council for their support of the neighborhood. She requested a photograph with Mayor
Moncrief and Council Member Hicks and the citizens of West Meadowbrook Neighborhood.
Council Member Carter Burdette presented the Spirit of Fort Worth Award to the Lake Como Planning
Committee.
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REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 8 of 22
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Constituents from the Lake Como Planning Committee accepted the award and expressed appreciation
to the Mayor and Council for their support of the Lake Como community and encouraged everyone to
attend their 60th Annual Fourth of July parade.
Ms. Libby Willis, President, League of Neighborhoods, provided a brief history of Ms. Ben Ann
Tomayko, founder of the Fort Worth League of Neighborhoods and stated the League was founded 25
years ago. She expressed appreciation to Ms. Cristi Lemon, Neighborhoods Education Manager and
Ms. Vanessa Bolling, Director, Community Relations Department, for their support and presented the
Ben Ann Tomayko Good Neighbor Award to Mr. Joe Waller.
Mr. Waller accepted the award and expressed appreciation to the Mayor and Council for their support
of the Lake Worth community and encouraged everyone to get involved in their community at any
level.
Mayor Pro tem Scarth presented the 2009 Neighborhood of the Year Award to the Eastern Hills
Neighborhood Association.
Members of the Neighborhood Association and residents accepted the award and requested a
photograph with Mayor Moncrief and Mayor Pro tem Scarth.
Mayor Moncrief congratulated all of the neighborhood award recipients and expressed appreciation for
their hard work and dedication to the City.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
Council Member Burns advised that life long Fort Worth resident Mr. Jesse Sandoval, former Linwood
Neighborhood Association President and father of long time City employee Ms. Eva Bonilla, passed
away on March 8, 2010. He requested the City Council meeting be adjourned in memory of
Mr. Sandoval.
Council Member Jordan advised that long time Fort Worth resident Mr. Billy Hardie passed away on
March 5, 2010, and stated Mr. Hardie was a proud graduate of Texas Tech University who remained
active in alumni associations and never missed a chance to display his Red Raider spirit. He further
stated that after Mr. Hardie graduated in 1950 with a degree in civil engineering, he was drafted into
the Army in support of the Korean War. He added that Mr. Hardie worked for the Texas Department of
Transportation (TxDOT) as a district design engineer where he remained employed for 44 years. He
requested that the Council meeting be adjourned in memory of Mr. Hardie. He also announced that Mr.
Ross Perot, Jr., and family donated $2.5 million to the Bob Bolen Leadership Scholars Program. He
stated that the program provided scholarships to military servicemen and women and was a great
tribute to military and public service. He expressed appreciation to the Ross Perot, Jr., family for the
donation.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 9 of 22
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Hicks announced that she had hand - delivered letters to residents along Carter Avenue
regarding the proposed gas pipeline and added that a public meeting was held with citizens, City staff,
Chesapeake Energy, and Texas Department of Transportation (TxDOT) on December 2, 2009, to
address possible alternate routes. She stated in mid - February, Chesapeake Energy completed a detailed
design alignment for the proposed reroute along the TxDOT right -of -way and it was submitted to a
certified Public Engineer for review. She further stated TxDOT would meet with Chesapeake Energy
to review the checklist of items needed to approve a permit for the route on Interstate Highway 30. She
advised that once TxDOT received a complete submittal package from Chesapeake Energy, the
documents would be made available to the public. She expressed appreciation to Chesapeake Energy
and TxDOT for their commitment to secure an alternate route and to City staff and Senator Wendy
Davis for their support and involvement during the two and a half (2.5) year process of working
through the issue.
Mayor Pro tem Scarth announced on March 5, 2010, the Vision North Texas meeting was held, which
was a collaborative effort between North Central Texas Council of Governments (NCTCOG), the
University of Texas at Arlington School of Architecture, and the Urban Land Institute. He stated that
Vision North Texas projected out 40 years to determine how the Metroplex would react to an increase
of approximately three (3) to (6) million more citizens, in terms of water, air quality, green space, and
transportation. He expressed appreciation to Assistant City Manager Fernando Costa for his
involvement in the project and to Mayor Moncrief for speaking at the event.
Council Member Moss 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 March 13, 2010, at the Tarrant County Sub - Courthouse, Precinct 1,
located at 3500 Miller Avenue.
Improvement Advisory Committee for Transportation Impact Fees Effective
March 9, 2010, with a Term of Expiration October 1, 2010. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 10 of 22
(XI. PRESENTATIONS BY THE CITY COUNCIL Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mr. Bill Greenhill be appointed to the Board of Adjustment — Commercial and the Fort
Worth Alliance Airport Board of Adjustment and that Mr. James Hill be appointed to
the Board of Adjustment - Residential Effective March 9, 2010, with Terms Expiring
October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays.
2. Council Proposal No. 282 - City- Initiated Zoning _Lhgggg1_ for _Lega1 Nonconforriain Pawn
S (Continued from
The following individuals appeared before Council in opposition to Council Proposal No. 282 and
relative to notice of the zoning change to citizens and the unintended consequences of the proposed
zoning. They requested the pawn shops be considered a special exception, not by right, so the citizens
would be notified of future changes or expansion. They also referenced the Auto Zone property
expansion in the area which the citizens were unaware could be allowed under the current zoning.
They stated that the change in zoning would encourage this type of economic development. They
added that southeast Fort Worth housed 70 percent of the pawn shops, which were often associated
with criminal activity.
Ms. Wanda Conlin, 1755 Martel Avenue
Ms. Libby Willis, 2300 Primrose
Mr. Andre McEwing, 1150 South Freeway
Council Member Hicks requested confirmation that property owners would be notified of the changes
once this went to the City Zoning Commission.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that 9 of the
16 pawn shops were located in District 8. She further clarified that this zoning change was not a text
amendment and would only apply to the 16 pawn shops and would not affect any MU-1 or E zoning
city-wide. She also confirmed that the registered community organizations would be notified within
one week and that property owners within 300 feet would be notified by March 26, 2010, for the
April zoning hearing.
Council Member Moss advised that this change was not intended to create a proliferation of pawn
shops in certain areas. He stated that in fairness, the Council was initiating the rezoning process of the
16 non-conforming pawn shops to Planned Development-Commercial "PD-E", with pawn shops
allowed, because the non-conforming status had certain implications to those businesses.
Council Member Hicks advised that the following pawn shops were located in District 8:
Cash America #13, located at 4014 East Lancaster Avenue
Cash America #25, located at 1024 East Oak Grove Road
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 11 of 22
(XI. PRESENTATIONS BY THE CITY COUNCIL Continued)
Cash America #29, located at 3137 Mansfield Highway
Cash America #33, located at 900 East Berry Street
Pawn Shop, located at 1114 East Seminary Drive
Poly Pawn, located at 4074 East Rosedale Street
Shannon's Pawn, located at 3728 East Rosedale Street
Speedy Cash, located at 800 East Seminary Drive
Unigoal Pawn, located at 1008 East Berry Street
She further advised that she did not want the District 8 locations included in this proposal and that
approval of this item was truly unprecedented when the Council Member whose district was most
affected objected to the action.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that
Council Proposal No. 282 be approved. The motion carried eight (8) ayes to one (1)
nay, with Council Member Hicks casting the dissenting vote.
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There were no presentation and /or communications from boards commissions and /or City Council
committees.
XIIL RESOLUTIONS
1. A Resolution Appointing Mem es to the Air Qualily Study Co mittee and e y he
are of the Committee.
The following individuals appeared in opposition to the Resolution and relative to the Council
appointment of significant members of the gas industry to the committee. They stated that the
credibility of the committee would be compromised and the study would not be truly independent with
the industry representatives involved. They advised that the citizens that lived in the areas most
affected by drilling were not included on the committee and added that the Hispanic community was
not represented. They also stated that the committee and air quality study were a waste of time and
money because it would not be accurate. They recommended that all chemicals used before, during,
and after drilling be listed on the City's website for citizens to research. They also called for unbiased
experts to be appointed to the committee and requested that all gas industry representatives either be
removed from the committee or abstain from voting on any item due to a conflict of interest. They
encouraged the Council to postpone voting on the resolution until the next evening City Council
meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 12 of 22
(XIII. RESOLUTIONS Continued)
Ms. Tolli Thomas, representing Southwest Fort Worth Alliance, 5341 Wooten Drive
Ms. Debby Stein, 2417 Stadium Drive
Mr. Alonzo J. Aguilar, 3725 Stuart Drive
Ms. Esther McElfish, representing North Central Texas Communities Alliance (NCTCA), President,
7112 Martha Lane (provided a handout to Council)
Mr. Gary Hogan, 2117 Rolling Creek Run
Ms. Renny Rosas, 3821 Bryan Avenue
Mr. Robert Snoke, 3826 6th Avenue
Mr. Jerry Lobdill, 6336 Darwood Avenue
Mr. Greg Hughes, 2544 Stadium Drive
Ms. Annette Kellum, 4017 Ryan Avenue
Mr. Fernando Florez, 2740 Hemphill Street
Mayor Moncrief stated that the Council had provided exactly what the citizens had requested. He
stated the committee was comprised of unbiased individuals that would provide an independent study
that would be funded using revenues received from gas drilling. He further stated that it was
impossible to find someone truly independent because individuals must be included who are familiar
with the area, the Barnett Shale and gas drilling. He stated the committee members fairly represented
the City and that representation was heavily weighted in the interest of the community.
Council Member Jordan advised that he abstained from voting on items concerning Chesapeake
Energy and that this item was related to a policy issue and therefore did not propose a conflict of
interest. He requested City Attorney Yett provide further clarification.
City Attorney Yett clarified that he advised all Council Members that this item provided for the
formation of an advisory committee that would make recommendations for the Council's
consideration. He added that all members would be able to vote when the matter appeared before
Council for consideration.
Mayor Moncrief and Council Members Espino, Zimmerman, and Burns all stated that the citizen and
industry representatives appointed to the committee were qualified and carefully chosen after a great
deal of thought. They further stated that they all worked for a common purpose, a quick and thorough
independent study of the air quality. They affirmed that everyone in the community, including the
Mayor and Council Members, were concerned about the health and welfare of the City and added that
citizen concern about the process was admirable. They added that each Council Member represented
the entire City on a daily basis, not just the districts in which they were elected.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 13 of 22
(XIII. RESOLUTIONS Continued)
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that
Resolution No. 3866 -03 -2010 be adopted. The motion carried eight (8) ayes to one (1)
nay, with Council Member Hicks casting the dissenting vote.
2.A Resolution Adopting the City of Fort Worth's Amended 2010 Federal Legislative Program.
City Attorney Yett clarified that this Resolution approved Option No. 2 as detailed in the attachment to
the Resolution and as discussed during Pre - Council work session.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that
Resolution No. 3867 -03 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
1.
Amon 9 4 Boat Club Road (Continued from March 2, 20101
(PUBLIC c
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mayor Pro tem Scarth advised 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.)
a. Rer)ort of Citv Staff
(Council Member Espino left his place at the dais.)
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
Council Member Hicks questioned whether the residents in the apartment complex within the
designated protected use area had expressed concerns regarding any of the previously drilled wells.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 14 of 22
(G -16860 Continued)
Mr. Bob Manthei, 810 Houston Street, applicant, appeared before Council in support of Mayor and
Council Communication No. G -16860 and verified that the owners of the apartment complex were out
of state but that he contacted the owners and received a verbal agreement to lease and sign a waiver.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G -16860 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and
one (1) abstention by Mayor Pro tem Scarth.
(Council Member Espino returned to his place at the dais.)
... .......... ....
for Infrastructure Improvements and Maintenance Costs for the Fort Worth Convention Center,
the Will Rogers Memorial Center and Any Other Facilities Managed by the Public Events
I
Department.
(Mayor Pro tem Scarth returned to his place at the dais.)
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. G -16866 be continued until the
March 23, 2010, Council meeting. The motion carried unanimously nine (9) ayes to
zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 15 of 22
City Attorney Yett clarified that the subject of Mayor and Council Communication No. G -16867 was
revised to add "($175,169.00 in Fiscal Year 2009 and $542,074.00 to -date in Fiscal Year 2010) ".
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G -16867 be approved as amended and
Supplemental Appropriation Ordinance No. 19073 -03 -2010, Appropriation Ordinance
No. 19074 -03 -2010 and Supplemental Appropriation Ordinance No. 19075 -03 -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 Jordan, that
Mayor and Council Communication No. G -16868 be approved and Appropriation
Ordinance No. 19076 -03 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 16 of 22
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G-16869 be approved and Appropriation
Ordinance No. 19077-03-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
11,111i111111111 il 1111 Irrivoil i I!, i
Contractor's Failure to Execute the Contracts..
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16870 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
C. Purchase of Equipment, Materials, and Services
1. MSC P-11099 - Authorize a Purchase Agreement with CTJ Maintenance, Inc., for Janitorial
Services with an Estimated Annual Cost of $1,200,000.00.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. P-11099 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
D. Land
................................................................ c
.........
at 1400 West Seminary Drive to Chesapeake Exploration, L.L.C., for a Two (2)_Year Primm
Term (Continued from February 23, 2010).
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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 17 of 22
(L -14934 Continued)
(Council Member Jordan left his place at the dais.)
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. L -14934 and relative to air and water quality, the close proximity to protected
uses and the fact that not all leases in the area had been acquired. They advised that the citizens in the
Rosemont neighborhood were not in support of this item. They added that the gas industry
representatives targeted low income areas and citizens in those areas were not given fair treatment.
They requested this item be continued to the next evening Council meeting.
Mr. Robert Snoke, 3826 6th Avenue
Mr. Martin Guerara, 4009 8th Avenue
Ms. Annette Kellam, 4017 Ryan Avenue
Council Member Moss requested affirmation that the location of the well was not on the parkland but
next door to the Rosemont Park.
Ms. Susan Alanis, Director, Planning and Development Department verified that the well was located
on the property next to the park and the drilling would occur subsurface. She also added that the well
would serve other leases and would likely be drilled regardless of this item being approved or denied.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L -14934 be continued until the April 6, 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.)
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 18 of 22
(C-24130 Continued)
Council Member Hicks advised that she had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Council Member Hicks left her place at the dais.)
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-24130 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council
Member Hicks.
(Council Member Hicks returned to her place at the dais.)
..........
North Beach Street and Timberland Boulevard.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-24131 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-24132 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 19 of 22
...........................................
to Renew for an Addition 12-Month Period
Agreeable to Both Parties.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24133 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV. ZONING HEARING
M 9 n M
and "I" Lij al to: "E" Nei2hborhood Commercial and "PD/E" Planned IDIgeygelopmer,
9
for "E" Nei2hborhood Commercial Uses Plus 'Auto Repair and Tow Yard, Site Plan Waiv
Reguested. (Recommended for Approval) (Continued from February to, 2010) 1
Ms. Cynthia Morrison, 121 Varsity Circle, Arlington, Texas, applicant, appeared before Council in
support of Zoning Docket No. ZC-09-133C, and relative to the provision that no inoperative vehicles
be stored on the property. She stated that approximately 20 percent of vehicles towed were involved in
accidents and were inoperative and requested the provision be removed.
Ms. Nichole Trevillion, 4041 Brooks, North Richland Hills, Texas 76118, completed a speaker card in
support of Zoning Docket No. ZC 09-133C, but did not wish to address the Council.
Council Member Hicks advised that she would further discuss the issue with the applicant and the
property owners in the area and would continue this item until the next Council meeting.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-09-133C be continued until the March 23, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 20 of 22
XVL CITIZEN PRESENTATIONS
1. David Jo s, 72 a a z s s sty's tee a s
The following citizens appeared before Council in opposition to the Mary's Creek site as a possible
location for the Mary's Creek Basin Water Recycling Center for wastewater treatment/water recycling
facility. They requested that Mary's Creek be removed from the list of potential sites for a future
wastewater treatment/water recycling facility and stated that the proposed facility would decrease their
property values and ruin valuable ecosystems. They further stated that the close proximity of the
proposed facility to residences would cause hazardous health conditions and quality of life issues due
to air and water quality and noise. They stated property owners in the area were not properly notified
and that they were told this item was "fast tracked" and the decision to place the facility on this site
was already made. They expressed concern about the cost of the proposed facility and that the study
had not addressed flooding or erosion issues. They advised that many of the residences and churches
were located near designated historical sites and added that the area was referenced in a book entitled,
Stagecoach Depot.
Mr. David Jones, 9720 Chapin Road (provided a handout to Council)
Mr. Clay Cavin, 9801 Bois D' Arc Court
Ms. Irma Ortiz, 10128 Chapel Ridge Drive
Ms. Julie Black- Grissom, 3501 Westland Avenue
Ms. Judy Williams, 9815 Shady Lane (displayed a map of the proposed sites and photographs of the
churches and houses in close proximity and referenced the book entitled, Stagecoach Depot)
Mr. Tim Gauntt, representing the Church of Holy Apostles, 3900 Longview (displayed a photograph of
the church property)
Mr. Roland A. Creswell, 3663 Brookland Avenue (provided a handout entitled, Mary's Creek Waste
Water Treatment, to Council)
Mr. Richard Hubbell, 10201 Camp Bowie Boulevard West
Ms. Lynn Sanders, 9812 Bois D'Arc Court, completed a citizen presentation card in opposition to the
Mary's Creek site as a possible location for a water treatment or recycling facility, and was recognized
by Mayor Moncrief but was not present in the Council Chamber.
The following individuals completed citizen presentation cards in opposition to the Mary's Creek site
as a possible location for a water treatment or recycling facility, but did not wish to address the
Council:
Ms. Lannie Welkie, 9059 Van Deman Court, Benbrook, Texas 76116
Ms. Elain Emerson, 9621 Santa Monica
Ms. Sherrie Maberry, 9520 Santa Clara Drive
Mr. Jon Paul Grissom, 3501 Westland Avenue
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 21 of 22
(XVI. CITIZEN PRESENTATIONS Continued)
Council Member Hicks requested a presentation regarding the proposed sites for a future water
treatment or recycling facility.
Mayor Moncrief advised that the proposed water treatment or recycling facility was not "fast tracked"
and no decision would be made for at least one (1) year. He stated citizens would have ample time
review the proposal and provide input. He added that the Council had not received a presentation on
the subject and that this project was in response to the growth of the City and was a starting point for
the future planning.
Council Member Zimmerman clarified that he met with citizens regarding this matter and he did not
say this item was "fast tracked ". He stated the three (3) sites were selected from a list of fourteen (14)
and added that different sites may be considered as the planning progressed. He further stated that he
would support the citizens through the process and advised that a meeting would be held on
April 7, 2010, at 6:00 p.m. at the All Saints School, regarding the design concept, technology, and
other information related to the facility.
Dr. S. Gopal Raju, M.D., 4508 Chris Drive, appeared before Council relative to street signs on Golden
Triangle Boulevard and stated that motorists were driving on the wrong side of the road due to poor
signage. He requested a bigger street sign and more lighting on Golden Triangle Boulevard. He
referenced garbage and sanitation issues at his property and advised that he had left messages for both
Mayor Moncrief and Council Member Espino, but had not received a phone call. He also advised of
his discontent with healthcare coverage at the federal level and his plan for resolution and presented
related material to the Council.
The following individuals appeared before Council relative to the issue of vagrancy in east Fort Worth
and referenced an abandoned school, formerly Teresa B. Lee Academy School, located at 4327 East
Lancaster Avenue. They advised when the school was abandoned, all of the office supplies, computers,
and school books were left in the school. They stated that vagrants were vandalizing and living in the
school and advised that the police had been notified many times regarding this situation and the
number of vagrants roaming the area. They requested the vagrants be removed from the school
premises and the school books be repurposed for those in need. They stated that they appreciated the
work that the Council had done in east Fort Worth relative to the substandard motels on East
Lancaster. They also advised that ducks were living in a large pothole on Virginia Lane and requested
the street be repaired.
Mr. Michael Phipps, 4451 Normandy Road
Mr. Edward Sakerka, 4451 Normandy Road
Mayor Moncrief advised that the City would investigate the issues and make the appropriate contacts.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 9, 2010
PAGE 22 of 22
(XVI. CITIZEN PRESENTATIONS Continued)
Ms. Hazel James, 5021 Cottey Street, appeared before Council and referenced Code violations related
to her fence and citations she had received for those violations. She stated she possessed Court
documents stating that her fence was in compliance and advised she was still receiving citations. She
also advised that the City released her personal information when she made a Code violation complaint
against one of her neighbors and added that she and her children felt threatened and harassed.
Mayor Moncrief referred Ms. James to Assistant City Manager Charles Daniels and Code Compliance
Director Brandon Bennett for resolution of the matters.
The following individuals completed citizen presentation cards in support of Ms. James' comments,
but did not wish to address the Council:
Ms. Arlecia Onick, 2613 Lena Street
Ms. Barbara Caston, 2913 Walker Street
Mr. Mark James, 5021 Cottey Street
Ms. Arleete Walker, 2705 Lena Street
Ms. Stephanie Chambers, 2705 Lena Street
Mr. Jerry Riles, 7600 Briar Cove Court
Ms. Helen Rogers, 2516 Birdell Street
Ms. Janet McCowan- Riles, 7600 Briar Cove Court
Ms. Mar'TayShia James, 5024 Cottey Street
Ms. Euka Mary Smith, 2900 Dillard Street
Ms. Alnisha Onick, 4400 Crenshaw
Mr. Don W. Collins, 2705 Club Lake Trail, McKinney, Texas, representing North Tarrant 226 Joint
Venture, appeared before Council and expressed appreciation to the Housing and Economic
Development Department staff and the Mayor and Council for their support of the proposed economic
development at North Beach Street and Timberland Boulevard in Council District 2.
XVIII. ADJOURNMENT
There being no further business the meeting was adjourned at 10:38 p.m. in memory of Mr. Jesse
Sandoval and Mr. Billy Hardie.
Attest:
Marty ndrix
City Secretary