HomeMy WebLinkAbout2010/04/13-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 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 7:06 p.m. on Tuesday, April 13, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Fatl►er Stephen Jasso, A11 Saints Catholic Church
The invocation was provided by Father Stephen Jasso, All Saints Catholic Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
Mayor Moncrief advised that Mayor and Council Communication No. C -24185 and the Presentation of
Resolution by the Fort Worth Professional Firefighters Association would be moved up on the agenda
and considered after Mayor and Council Communication No. G- 16884.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 6, gala
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette that
the minutes of the regular meeting of April 6, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 2 of 25
1,
City Manager Fisseler requested that Mayor and Council Communication Nos. G -16890 and G -16895
be withdrawn from the Consent Agenda.
City Manager Fisseler requested that Mayor and Council Communication Nos. G -16890 and
C -24183 be continued until the April 20, 2010, Council meeting.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to
zero (0) nays.
A. General - Consent Items
2. M &C G -16891 - Adopting Supplemental Appropriation Ordinance No. 19104 -04 -2010
Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of
$25,000.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount,
for the Prosecution of the City's Lawsuit Entitled City of Fort Worth v. Arcadia Park, L.P. and
Site Concrete, Inc., Cause Number 153 - 222641 -07; and Adopting Resolution No. 3873 -04 -2010
Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P.,
for Assisting the City with Legal Issues Regarding the Lawsuit by $25,000.00.
3. M &C G -16892 - Adopting Resolution No. 3874 -04 -2010 Increasing the Maximum Amount to
be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for Assisting the City with Legal
Matters Regarding the Lawsuit Styled City of Fort Worth v. Crawford Farms Investors, Ltd., et
al., Cause No. 96- 232719 -08 with an Additional Sum of $25,000.00; and Adopting Supplemental
Appropriation Ordinance No. 19105 -04 -2010 Increasing the Estimated Receipts and
Appropriations in the General Fund in the Amount of $25,000.00 and Decreasing the
Unreserved, Undesignated Fund Balance by the Same Amount, for Prosecution of the City's
Lawsuit Entitled City of Fort Worth v. Crawford Farms Investors, LTD., Glenn Thurman, Inc.,
L.H. Lacy Company, LTD., and Burnsco Construction, Inc., Cause Number 96- 232719 -08.
4. M &C G -16893 - Authorizing the City Manager to Adopt Resolution No. 3875 -04 -2010
Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for
Assisting the City with Legal Matters Concerning the Water Department and Transportation
and Public Works Contracts and Litigation with an Additional Sum of $25,000.00; and Adopting
Supplemental Appropriation Ordinance No. 19106 -04 -2010 Increasing the Estimated Receipts
and Appropriations in the General Fund in the Amount of $25,000.00 and Decreasing the
Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for Legal
Representation in Relation to Premature Street Failures.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 3 of 25
(VII. CONSENT AGENDA Continued)
5. M &C G -16894 - Adopting the Findings of the Ground Transportation Coordinator: the
Public Necessity and Convenience Require the Operation of Ten (10) Pedicabs Upon the City
Streets, Alleys and Thoroughfares; VIP Shuttle Service is Qualified and Financially Able to
Conduct a Pedicab Service within the City; VIP Shuttle Service has Complied with the
Requirements of Chapter 34 of the City Code; VIP Shuttle Service Presented Facts in Support of
Compelling Demand and Necessity for Ten (10) Pedicabs; the General Welfare of the Citizens of
the City will Best be Served by the Addition of Ten (10) Pedicabs Upon City Streets, Alleys and
Thoroughfares; and Adopt Ordinance No. 19107 -04 -2010 Granting the Privilege of Operating
Authority to VIP Shuttle Service for the Use of the Streets, Alleys, and Public Thoroughfares of
the City in the Conduct of its Pedicab Business, which Shall Consist of the Operation of Ten (10)
Pedicabs, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and
Conditions of the Grant, Providing for Written Acceptance by VIP Shuttle Service; and
Conditioned Upon VIP Shuttle Service Complying with all Requirements of Chapter 34, Article
VI, of the Code of the City of Fort Worth (1986), as Amended.
7. M &C G -16896 - Authorizing the Water Department to Provide Sewer Services at 1.25 Times
the Retail Rate to Mr. Bernard C. Humphreys, Jr., to Serve a Property Located at 1500 Oak
Grove Road East in Tarrant County, Outside of the Fort Worth City Limits, Pursuant to City
Code Section 35 -60B "Uses Outside City "; and Authorize the City Manager to Execute for Such
Services.
B. Purchase of Equipment, Materials, and Services - Consent Items
L M &C P -11114 - Adopting Appropriation Ordinance No. 19108 -04 -2010 Increasing the
Estimated Receipts and Appropriations in the Golf Capital Project Fund (Gas Wells) in the
Amount of $49,418.00, from Available Funds, for the Purpose of Transferring Said Funds to the
Golf Capital Projects Fund; Authorizing the Transfer; and Adopting Ordinance No. 19109 -04-
2010 Increasing the Estimated Receipts and Appropriations in the Golf Capital Projects Fund
from Available Funds, for the Purpose of Providing a Security Surveillance System and Related
Services at the Five (5) City Owned Golf Course Clubhouses; and Authorizing a Purchase
Agreement with Stealth Monitoring, Inc., to Provide a Security Surveillance System and Related
Services at the Clubhouses for an Initial Amount of $49,418.00.
2. M &C P -11115 - Authorizing the Purchase of Three (3) New Chevrolet Three - Quarter Ton
Pickup Trucks for the Environmental Management Department, the Transportation and Public
Works Department and the Code Compliance Department from Caldwell Country Dealerships
Using Texas Procurement and Support Services Cooperative Contract No. 072 -02 for a Total
Amount of $87,778.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 4 of 25
(VII. CONSENT AGENDA Continued)
3. M &C P -11116 - Authorizing the Purchase of Five (5) New Chevrolet Impalas and Two (2)
New Chevrolet Suburbans from Caldwell Country Dealerships for the Fire Department and
Code Compliance Department, Using Texas Procurement and Support Services Cooperative
Contract Nos. 071 -04 and 071 -80 for a Total Amount of $159,886.00.
C. Land - Consent Items
1. M &C L -14961 - Adopting a Resolution No. 3876 -04 -2010 Authorizing the City Manager to
Accept a Reclaimed Waterline Easement and a Temporary Construction Easement Described as
a Portion of Lot 1, Block 1, American Airlines Addition, to the City of Fort Worth Containing
Approximately 12,249 Square Feet of Land Located on Property Owned Jointly by the City of
Dallas and the City Fort Worth as Part of Dallas/Fort Worth Airport so the City Can Construct
and Maintain a Reclaimed Water Facility; Finding that the Appraised Value of $24,352.00 is
Just Compensation; and Authorizing the Acceptance and Recording of Appropriate
Instruments.
2. M &C L -14962 - Authorizing an Exchange Agreement with Bear Creek Plaza, Ltd., for the
Acceptance of 1.312 Acres of Property Located at Golden Triangle Boulevard and Old Denton
Road in North Fort Worth for the Widening of Golden Triangle Boulevard in Exchange for
Surplus Right -of -Way Along Golden Triangle Boulevard; Paying the Estimated Closing Costs of
$2,000.00; and Authorizing the City Manager, or his Designee, to Accept and Record the
Appropriate Instruments to Complete the Conveyance.
D. Planning & Zoning - Consent Items
1. M &C PZ -2876 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
Two (2) of the Far Greater Northside Neighborhood from Various Districts to "A -7.5" One -
Family, "A -5" One - Family, "A -5/HC" One Family/Historical and Cultural Overlay, `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 "PD" Planned Development 555, in Accordance with the
Comprehensive Plan.
E. Award of Contract - Consent Items
1. M &C C -24166 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $59,821.00 to City Secretary No. 37238, an Engineering Services Agreement with Freese and
Nichols, Inc., for the Final Design of a Bridge Crossing the Clear Fork of the Trinity River in the
Vicinity of South Hulen Street and Stonegate Boulevard, Thereby Increasing the Total Amount
to $1,339,947.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 5 of 25
(VII. CONSENT AGENDA Continued)
2. M &C C -24167 - Authorizing the City Manager to Execute a Change Order to City Secretary
Contract No. 38889 for Equipment, Professional Services and Maintenance with Motorola, Inc.,
for an Addition to the City's Dispatch Console System for the Information Technology Solutions
Department at a Cost Not to Exceed $52,234.00 Funded by the Recovery Act Justice Assistance
Grant Program.
3. M &C C -24168 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $76,155.00 to City Secretary Contract No. 35190, with Dunaway Associates, L.P., for the
Storm Water Utility Project- Hammond Street Drainage Improvements and Hopkins Court
Flume Reconstruction, Thereby Revising the Total Contract Cost to $195,616.00.
4. M &C C -24169 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $142,958.00 to City Secretary Contract No. 37619, with Dunaway Associates, L.P., for
Pavement Reconstruction, Water and Sanitary Sewer Main Replacements and Storm Water
Construction for Neighborhood Streets Included in the 2007 Critical Capital Needs Program,
Thereby Revising the Total Contract Cost to $1,077,505.00.
5. M &C C -24170 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $51,290.86 to City Secretary Contract No. 38032, a Construction Contract with Conatser
Construction TX, L.P., for Pavement Reconstruction and Water and Sanitary Sewer
Replacements on Portions of Northeast Thirty- Seventh Street, Decatur Avenue, Hardy Street
and Selene Street, Thereby Revising the Contract Amount to $2,620.270.86.
6. M &C C -24171 - Authorizing the City Manager to Execute Change Order No. 10 in the
Amount of $77,544.00 to City Secretary Contract No. 38975 with Ratcliff Constructors, LP, to
Renovate the Police Crime Laboratory and Property/Evidence Facility Located at 3616 East
Lancaster Avenue, Thereby Increasing the Contract Amount to $5,631,644.00.
7. M &C C -24172 - Authorizing the Execution of One (1) Storm Water Facility Maintenance
Agreement with Texas Health Resources Located on Lot 4, Block 26, of the Jennings South
Addition, Situated West of Ballinger Street and South of Fort Worth and the Rio Grande
Railroad in South Fort Worth at No Cost to the City.
8. M &C C -24173 - Authorizing the City Manager to Execute Change Order No. 8 in the Amount
of $64,745.00 to City Secretary Contract No. 38245 with W. G. Yates and Sons Construction
Company to Construct Western Heritage Parking Garage at the Will Rogers Memorial Center,
Thereby Increasing the Contract Amount to $17,150,779.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 6 of 25
(VII. CONSENT AGENDA Continued)
9. M &C C -24174 - Authorizing the City Manager to Execute a Contract in the Amount of
$848,875.00 with Ace Pipe Cleaning, Inc., for the Interceptor Condition Assessment Program
Contract 1: Larger Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection.
10. M &C C -24175 - Authorizing the City Manager to Execute a Contract in the Amount of
$615,925.00 with Ace Pipe Cleaning, Inc., for the Interceptor Condition Assessment Program
Contract 2: Larger Diameter Sanitary Sewer Cleaning.
11. M &C C -24176 - Authorizing the City Manager to Execute an Engineering Agreement in the
Amount of $432,396.00 with RJN Group, Inc., for the Design of the Clear Fork Drainage Basin -
M -210 Sanitary Sewer Improvements in Mockingbird Lane, Country Club Circle, Colonial
Parkway and Rogers Road.
12. M &C C -24177 - Authorizing the City Manager to Execute Change Order No. 1 in the
Amount of $46,875.00 to City Secretary Contract No. 39233 with Jackson Construction, Ltd., for
Water and Sanitary Sewer Relocations for State Highway 121T, Part 21, at Overton Ridge
Boulevard, Thereby Increasing the Contract Amount to $535,999.00.
13. M &C C -24178 - Authorizing the City Manager to Apply for and Accept, if Awarded, a
Grant from the Texas Department of Agriculture Requesting Up to $600,500.00 for the Summer
Food Service Program; Authorizing the Execution of a Standard Permanent Agreement with the
Texas Department of Agriculture for the Summer Food Service Program Upon Receipt of the
Grant; Applying Indirect Cost Rate of 19.18 percent, Which is the Most Recently Approved Rate
for the Department and Applying the Newly Approved Indirect Rate When Available; and
Adopting an Appropriation Ordinance No. 19110 -04 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund, Subject to Receipt of the Grant.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1765 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
A. General - (Removed from the Consent Agenda for Individual Consideration)
1. It was the Consensus of the Council that Mayor and Communication No. M &C G- 16890,
Authorize Additional Payment for Relocation and Moving Expense Payments in an Amount Up
to $125,000.00 to Ajax Glass and Mirror as a Displaced Business from 4015 West Vickery
Boulevard to 6200 Southwest Boulevard, Benbrook, Texas, 76109, for Right -of -Way for the
Southwest Parkway Project; be Continued Until the April 20, 2010, Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 7 of 25
5. G -16895 - Authorize a Six (6) Month Extension of Injury Leave -of- Absence Pay Benefits in the
Amount of $39,368.00 for Firefighter Tommy Jackson Beginning May 12, 2010, Through
November 12, 2010.
City Manager Fisseler made the following correction to Mayor and Council Communication No.
G- 16895: in Paragraph 4 of the Discussion section, change $4,677.00 to 4,677 hours.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. G -16895 be approved as amended. The motion carried
unanimously nine (9) ayes to zero (0) nays.
1li:�fi �i c cell �l1�1 1�'J
1. Presentation of the Fifth Annual rare Fest
The recipients expressed appreciation to their friends, families, and support staff for the awards
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 8 of 25
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
t
Council Member Moss presented Certificates of Recognition to the following former Board and
Commission members:
Mr. John Melcher, for his service on the City Plan Commission from February 10, 2004, through
January 25, 2010.
Mr. Ames Fender, for his service on the Downtown Design Review Board from January 22, 2002,
through January 26, 2010.
Ms. Treisha Light, for her service on the Fort Worth Commission for Women from September 9, 2003,
through January 26, 2010.
Ms. Becky Burton, for her service on the Fort Worth Commission for Women from
November 11, 2008, through January 26, 2010.
Ms. Nancy Mitchell, for her service on the Fort Worth Commission for Women from
December 8, 2008, through January 26, 2010.
Ms. Joy Thomas, for her service on the Fort Worth Commission for Women from September 9, 2003,
through January 26, 2010.
Council Member Moss advised that the following individuals were unable to attend the meeting to
receive a Certificate of Recognition:
Mr. Larry Dyess, for his service on the Board of Adjustment - Commercial and the Fort Worth
Alliance Airport Board of Adjustment from October 9, 2007, through October 1, 2009.
Ms. Gyna Bivens, for her service on the Community Development Council from February 12, 2008,
through October 7, 2009.
Mr. Robert Rouse, for his service on the City Plan Commission and the Capital Improvements
Advisory Committee for Transportation Impact Fees from April 28, 2009, through March 6, 2010.
Ms. Kelsey de la Torre, for her service on the Fort Worth Commission for Women from
December 2, 2008, through March 8, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 9 of 25
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1. Upcoming a nd Recent Events
Council Member Zimmerman announced that Medstar would host an EMS Citizens Academy on
Saturdays from 9:00 a.m. to 12:00 p.m., May 1 through June 5, 2010. He stated the deadline for
registration was April 19, 2010, and added for more information to contact 817 - 632 -0507 or visit
www.medstar9ll.ora /citizen - academy . He also stated Mr. Bill Plumlee, who was known for his
volunteer work to restore a B -36 Peacemaker bomber and many other aviation achievements and was
an important piece of Fort Worth's history, passed away on April 7, 2010, and requested the Council
meeting be adjourned in his memory.
Mayor Moncrief announced that Firefighter Joshua Pool was involved in a serious accident at the
Botanical Gardens while trying to assist visitors who were locked inside the park after operating hours.
He advised that Firefighter Pool, who sustained serious injuries to his arm, was recovering and would
be returning home soon. He requested prayers for Firefighter Pool and his family.
Council Member Jordan announced that the Police Department and members of the Neighborhood
Police Office of the South Division would host a family day of crime prevention on April 24, 2010,
from 10:00 a.m. to 2:00 p.m. He added that it would be located in the new Aldi Store at the corner of
Sycamore School Road and McCart Avenue.
Council Member Burdette announced NASCAR Race Weekend would be April 16 through 18, 2010,
at Texas Motor Speedway. He advised that the kick -off for the event would be on April 15, 2010, with
a downtown parade through Sundance Square with the NASCAR Pace Cars and Molly the Trolley and
added that a ceremony would also be held on Main Street between 3rd and 4th Streets.
Council Member Espino encouraged everyone to complete their Census forms by April 16, 2010, and
provided the history and importance of the census, including how federal funds were allocated and
redistricting. He encouraged those who had not completed the census to send in their forms and added
that it would cost taxpayers $2.7 billion to follow up with citizens would had not completed the forms.
He also stated those who had misplaced their forms, could visit locations throughout the City,
including most community centers and libraries, to retrieve a new form. He further stated that citizens
could provide their answers over the phone by contacting 866- 872 -6868. He also advised that Mayor
Moncrief and City of Arlington, Texas, Mayor Robert Cluck were having a Census Competition to see
which city could have the best census participation. He added that the losing city must proclaim "May
4, 2010, Counts" in the opposing city at their first Council Meeting in May.
Council Member Hicks recognized Professor Marshall Hobbs and his students from Tarrant County
College, South Campus, who were attending the meeting to learn more about local government. She
also expressed appreciation to all who volunteered and assisted with the Cowtown Clean Up last
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 10 of 25
weekend through the City. She announced the groundbreaking ceremony for Renaissance Square, a
500,000 square foot retail site located in the old Masonic home at Martin Luther King, Jr., Freeway
and East Berry Street, would be held on April 16, 2010, from 10:30 a.m. to 11:30 a.m.
Council Member Burns announced that the District 9 monthly office hours would be held on
April 15, 2010, from 3:00 p.m. to 7:00 p.m., at Border's Books and Music, located at 4601 West
Freeway, and expressed appreciation to Council Member Burdette for allowing him to use the District
7 venue for the meeting. He also announced the next Air Quality Task Force Meeting would be held on
April 14, 2010, at 4:00 p.m. at the East Regional Library. He advised that a public meeting on the
Crime Control and Prevention District would be held on April 14, 2010, at 6:30 p.m. in the City
Council Chamber. He pointed out that the Main Street Arts Festival was held April 9 through 11, 2010,
and was a great success and added that the perfect weather conditions contributed to the outstanding
attendance.
Council Member Moss expressed appreciation those who attended the Public Art Workshop held in
District 5 on April 10, 2010. He announced that a Community ID Public Art Project was available for
neighborhoods and community groups in District 5 and added that the deadline for submitting
applications was fast approaching. He advised all interested applicants could contact the District 5
Office at 817 - 392 -8805 or the Art Council for additional information. He pointed out that this was a
good opportunity for the community groups and neighborhoods to submit public art projects that
would reflect the identity of a particular neighborhood or area.
Mayor Pro tem Scarth announced that the Fill- the -Boot event was currently underway and encouraged
everyone to donate money when they saw City firefighters in various intersections throughout the City.
He stated that donations collected benefited those affected by Muscular Dystrophy and other
degenerative muscular conditions.
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 Jordan, that Mr.
Mike Ward be appointed to Place 7 on the Building Standards Commission, with a term
expiring September 30, 2011. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 11 of 25
XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XIII. REPORT OF THE CITY MANAGER
B. General
.......................
.................. ...................
2010) (PUBLIC HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. BgR2LL2LLjL_aLaff
Ms. Dolores Garza, Community Development Coordinator, Housing and Economic Development
Department, appeared before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the public
hearing be closed and Mayor and Council Communication No. 16883 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 12 of 25
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mayor Pro tem Scarth and Council Member Jordan advised they 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 and Council Member Jordan left their places at the dais.)
a. BgR2Lt of City Staff
Ms. Dolores Garza, Community Development Coordinator, Housing and Economic Development
Department, appeared before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
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. 16884 be approved and
Appropriation Ordinance 19111 -04 -2010 be adopted. The motion carried unanimously
seven (7) ayes to zero (0) nays, with two (2) abstentions by Council Member Jordan and
Mayor Pro tem Scarth.
(Mayor Pro tem Scarth and Council Member Jordan returned to their places at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 13 of 25
......... .........
September 30, 206.
Council Member Burdette advised that this was a very important issue as this was the first time that the
City Council would consider a contract for collective bargaining with the Fire Department. He added
this right was provided to the Fire Department by a vote of the citizens two (2 years ago. He stated he
was not in support of the contract as it was drawn because there was one (1) particular provision that
he had a problem with. He provided background information and pointed out the two large fiscal
obligations facing the City of Fort Worth, with one (1) being the $1 billion in back log of street
maintenance and street construction projects. He indicated that part of that problem was due to the
rapid growth in the City over the last four (4) or five (5) years. He indicated that the other large fiscal
problem hanging over the City was the employees' retirement fund. He emphasized that under the
current plan, the City was not able to fully finance the plan. He provided the factors involved creating
that situation. He stated that the retirement plan as it currently existed was in a state of unfunded
actuarial accrued liability (UAAL). He pointed out that because it was referred to as "unfunded ", the
City did not have sufficient funding to pay out retirement benefits for the life of the plan. He advised
how the contributions were made to the retirement fund through contributions by the City, the
employees and investments. He also explained how the plan could be changed to address this UAAL
through how the plan was applied to new employees. He pointed out that state law prohibits the City
from changing the plan for employees that already work for the City. He emphasized that the proposed
contract with the firefighters had a provision that would not allow the City to make any modifications
to the current retirement plan for at least four (4) more years. He added that he felt this handcuffed the
City Council and the City from focusing on the retirement plan and doing anything to get it back on
track. He also added his concern for when this contract would be negotiated again and the ability to
make any changes at that time. He pointed out that this was just a matter of placing this burden on the
future City Councils to deal with and placing a burden on the tax payers to fund this plan. He advised
that the only thing that would help with keeping the plan solvent would be the stock market. He
indicated that he did not feel the City should be counting on that factor. He also expressed
appreciation to the firefighters and police officers that work for the City. He added that he commended
the firefighters for their negotiation abilities with this contract and stated that he did not feel the City
representatives did their part in this negotiation. He reiterated his opposition to the contract as written.
Mayor Moncrief stated that the voters approved the collective bargaining and that the City was
required by law to participate in negotiations this year. He stated neither party received everything that
they had requested but that this was a cooperative effort and a fair agreement.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 14 of 25
(C -24185 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that the
Mayor and Council Communication No. C -24185 be approved. The motion carried
unanimously eight (8) ayes to one (1) nay, with Council Member Burdette casting the
dissenting vote.
2. Presentation of Resolution by the Fort Worth Professional Firefighters Association
Mr. Jim Tate, President, Fort Worth Professional Firefighters Association, read the Resolution adopted
by the Fort Worth Professional Firefighters Association Executive Board on April 3, 2010, which
offered appreciation to the citizens of Fort Worth, Mayor Moncrief and members of the City Council
for their commitment to the collective bargaining process.
(Mayor Moncrief left his place at the dais and Mayor Pro tem Scarth assumed The Chair of the
meeting.)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16897 be approved and Appropriation Ordinance
No. 19112 -04 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Mayor Moncrief absent.
4. MSC G -16898 - Consider a Waiver Request by Chesaueake Operating, Inc., for a Multiple
Gas Well Pad Site Permit Less Than 600 Feet from a Protected Use on the Wedgwood Lease
Located at 6720 McCart Avenue
Mayor Pro tem Scarth opened the public hearing and asked if there was anyone present desiring to be
heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 15 of 25
(G -16898 Continued)
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.)
a. Rer)ort of City Staff
(Council Member Hicks left her place at the dais and left the meeting.)
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
Mr. Kevin Strauser, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before
Council in support of Mayor and Council Communication No. G -16898 and provided a presentation
regarding the request for the waiver.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -16898 and expressed strong support from the Wedgewood and Candleridge Neighborhoods.
They expressed appreciation to Chesapeake Operating, Inc., and stated Chesapeake had complied with
all of their requests. They stated they would be among the first to receive landscaping prior to drilling
and the use of an electric drilling rig which would reduce air pollution and noise. One speaker also
spoke in support of harvesting all minerals throughout Texas, including germanium, for use in
microcomputer chips and the placement of signage where below ground gas pipelines existed.
Mr. Walter Kerr, 6750 Cartagena Court
Ms. Sandy Runnels, representing Green Ridge Neighborhood Association, 3423 Green Ridge Street
Mr. John D. Huebener, 4116 Alava Drive
Mr. Robert W. Cooper, representing Candleridge Neighborhood Association, 7312 Lemonwood Lane
(provided map of the area and a handout to Council)
Mr. Earl Wilson, President, representing Wedgewood South Neighborhood Association, 4029 El Cid
Place (read an email from Jim and Judy Atkinson)
Mr. B. R. Atkins, 3941 Windhaven Road (provided a handout to Council)
(Mayor Moncrief returned to his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 16 of 25
(G-16898 Continued)
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16898 and relative to the health hazards associated with drilling, the negative
environmental impacts, and the close proximity to protected uses.
Ms. Ardamis Diana Antram, 3716 Misty Meadow Drive (provided an opposition letter and an article
regarding the health hazards associated with drilling)
Mr. Sam Crowder, 3613 Madrid Drive
Ms. Teri Anglim, 3805 Misty Meadow Drive (provided petition signed by opponents and handout
information)
c. Council Action
Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that the
public hearing be closed and Mayor and Council Communication No. C-16898 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.)
C. Purchase of Equipment, Materials, and Services
..........
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Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. P-11117 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
Land
Eugene McCrav Community Center Located at 4932 Wilbarger Street to Chesapeake
Exploration, LLC, for a Two (2) Year Primary Term.
Council Member Jordan advised that he had filed Conflict of Interest Affidavits with the City
Secretary's Office and would abstain from voting on Mayor and Council Communication Nos.
L-14963, L-14964, L-14965, and L-14966.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 17 of 25
(L -14963 Continued)
(Council Member Jordan left his place at the dais.)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L -14963 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.
Ms. Susan Alanis, Director, Planning and Development Department, made the following correction to
Mayor and Council Communication No. L- 14964:
Recommendation:
2. Reserve all royalty revenue from restricted and unrestricted acreage of Forest Park for future
capital improvements in Forest Park which includes the Fort Worth Zoo.
Discussion:
Staff recommends that all royalties associated with the 58.53 acres of the Fort Worth Zoo and the
134.99 acres of Forest Park and Log Cabin Village be specifically dedicated to Forest Park rather
than the park system at large, the unrestricted fund or the Fort Worth Permanent Fund. Any
allocation of revenue to the Fort Worth Zoo will be dictated by a separate contract with the Fort
Worth Zoological Association.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -14964 be approved as amended. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Council Member Jordan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 18 of 25
c c c c,
......... ......... .......,.
for a Two-Year (2) Primary Term.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and
Council Communication No. L -14965 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.
., .......
Villa2e Creek Park Located at 1 c
4750
Two (2) Year Primary Term.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. L -14966 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.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.
David Creek, Assistant Director, Parks and Community Services Department, appeared before Council
and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 19 of 25
(L -14967 Continued)
b. Citizen Presentations
There were no citizen presentations.
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. L -14967 be approved.
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members
Jordan and Hicks absent.
(Council Member Jordan returned to his place at the dais.)
E. Planning & Zoning
2. M &C PZ -2878 - Approve a Timetable for Proposed City- Initiated Annexation and Authorize
the City Manager to Initiate Zoning Changes of Approximately 92.1 Acres of Land, Located
South of Longhorn Road and West of Marine Creek Parkway, From Unzoned to "A -5" One -
Family, AX -10 -004 Old Marine Creek Parkway, in the Far Northwest Sector in Accordance with
the 2010 Comprehensive Plan; and Direct Staff to Prepare a Service Plan that Provides for the
Extension of Full Municipal Services to the Annexation Area.
3. M &C PZ -2879 - Approve a Timetable for Proposed City- Initiated Annexation and Authorize
the City Manager to Initiate Zoning Changes of Approximately 144.3 Acres of Land, Located
South of Avondale Haslet Road and East of Willow Springs Road, from Unzoned to "A -43 One -
Family and "E' Neighborhood Commercial, AX -10 -002 Avondale Haslet Road, in the Far North
Sector in Accordance with the 2010 Comprehensive Plan; and Direct Staff to Prepare a Service
Plan that Provides for the Extension of Full Municipal Services to Annexation Area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 20 of 25
(PZ-2879 Continued)
Council Member Burdette explained that these areas were enclaves of land that were completely
surrounded by the City of Worth and stated the properties that were being considered were not the
actual annexation of the land; that the action being taken was to simply approve a timetable to review
the proposed annexations of the land that may be acquired.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the
Mayor and Council Communication No. PZ-2877, PZ-2878 and PZ-2879 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks
ab sent.
F. Award of Contract
......................
0 ...................... . the .. .
�erate a Natural Gas 6a rin Pipeline Across Meadowbrook Drive, West of Dottie L
Par wav and Across Dottie Lvnn Parkwav, South of Meadowbrook Drive for a One (D-Timp
License Fee of $7,958.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino that the Mayor
and Council Communication No. C-24179 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
11pil"
Natural Gas Gatherin Wpe!ine Across Vaughn Bouleyard,,$qW4_qf Reed Street�' Across Reed
. .....................
Time License Fee of $7,774.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the
Mayor and Council Communication No. C-24180 be continued until the April 20, 2010,
Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Hicks absent.
j............
Operate a Natural Gas Gathering Pipeline Across Circle Ridge Drive West, Southwest
Time License Fee. of.$5,566.00
(C -24181 Continued)
Motion: Council Member Espino made a motion,
Mayor and Council Communication No
unanimously eight (8) ayes to zero (0) nays,
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 21 of 25
seconded by Council Member Moss, that the
C -24181 be approved. The motion carried
with Council Member Hicks absent.
Council Member Jordan advised that he had a normal banking relationship with JP Morgan Chase, but
it would not require him to abstain from voting on the item.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that the
Mayor and Council Communication No. C -24182 be approved and Ordinance No. 19113-
04 -2010 and Supplemental Appropriation Ordinance No. 19114 -04 -2010 be adopted. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks
ab sent.
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Debt Collection of Fines and 11111111111111111111 c U fflmffl�'-- 1
-'b'e'April 20, 2010, Council Meeting.
be Continued Until t
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that the Mayor
and Council Communication No. C -24184 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 22 of 25
XIV. ZONING HEARING
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Motion: There being no one present desiring to be heard in connection with the zoning hearing,
Mayor Pro Tern Scarth made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC -10 -040 be approved as amended and to deny without prejudice 5555 Bridge
Street. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
There being no one present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Mayor Pro tem Scarth made a motion, seconded by
Council Member Espino, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19115 -04 -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 eight (8) ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 23 of 25
XV. CITIZEN PRESENTATIONS
City Secretary Hendrix advised that Mr. Gene Pat Taylor and Mr. Joe Don Brandon were unable to
attend the meeting.
1 '1111111111 I1 I
The following individuals appeared before Council and requested the St. Mary's site be removed from
the list of potential sites for a future Mary's Creek Basin Water Recycling Center for wastewater
treatment/recycling and stated that the proposed facility would decrease property values. 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. They added that property owners in
the area were not properly notified and expressed concern about the cost of the proposed facility. They
advised that economic development had been placed on hold by prospective business owners due to
the possibility of the water treatment facility. They also advised that many of the residences and
churches were located near designated historical sites. They added that a website had been established
in opposition to this item and a petition with over 200 signatures was circulating in the community.
Mr. Donald Cureton, representing Chapel Creek Church, 10129 Chapel Glen Terrace
Mr. Kenneth Brown, 9808 Bob Parc (provided map of the proposed sites to Council)
Ms. Lynn Sanders, 9812 Bois D'Arc Court
Ms. Amy Reed, President, representing Chapin Road and Alemeda Street Homeowners Association,
3520 Alemeda Street
Mayor Moncrief advised that the proposed water treatment or recycling facility was only a proposal
due to the growing demand and need for infrastructure. He advised that no decision would be made for
at least one (1) year. He stated citizens would have ample time to review the proposal and provide
input. He added that Council Member Zimmerman was working very hard to clear up any
miscommunication associated with the future water treatment or recycling facility and reiterated that
the City was still in the planning stages.
Mr. Peter D. Krell, 9009 Graywolf Ridge Trail, appeared before Council relative to the tragic death of
Mr. Eric Jon Forrester. He expressed concern for the needless death of a Fort Worth citizen and
requested the City focus on fighting violent crimes.
Mayor Moncrief stated the entire Council was focused on the unfortunate death of Mr. Forrester and
violent crime and encouraged Mr. Krell to get involved with the Code Blue project. He added that this
was an opportunity to teach future generations to protect their and their neighbor's property. He
requested that everyone keep the family of Mr. Forrester in their prayers.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 24 of 25
(XV. 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 displayed photographs of
properties in her neighborhood and code violations and requested the city issue citations and force
property owners to clean up their property. She also referenced leadership of the neighborhood
association and requested guidance on how to remove a member of the association.
Council Member Moss advised that staff had been working on a series of meetings in the Stop Six
Sunrise Addition to deal with various code compliance and other issues. He added that the City could
provide Ms. James with basic information regarding homeowners associations but it was up to the
neighbors to determine the leadership.
Ms. Eula Mary Smith, 2900 Dillard Street, appeared before Council and expressed concern over the
Stop Six Sunrise Addition and the historical designation. She pointed out the numerous code violations
throughout the area. She stated that the neighborhood has gotten progressively worse and from her
viewpoint the area was in better shape before the historical designation was completed.
Mr. D. Fisher, 6925 Hatch Drive, Lake Worth, Texas, appeared before Council and requested drilling
be halted in the Lake Worth area, specifically the Welker H -3 site. He stated there were prehistoric
sites containing Native American sacred stones from the Paleolithic Era and added it was an important
religious site. He also advised he had found two (2) totem poles in the area and stated he had
previously delivered specimens to Chesapeake Energy, but the issue had not been resolved. He
requested the drilling be delayed until the site could be properly excavated.
Mr. George Barnes, 5300 Helmick Avenue, appeared before Council and questioned when the
Samaritan House project (site of the current Vickery Motel) would be placed back on the agenda. He
stated he had a petition with hundreds of signatures in opposition to the project. He advised that the
citizens did not want Como Community to disappear behind commercial development but instead
wished for an infill of medium and higher income housing in the area. He requested to be notified
when the Samaritan House project was placed on a future Council meeting agenda.
Council Member Burdette advised Mr. Barnes that the Samaritan House project had never been on the
agenda and if it was placed on a future agenda the citizens would be notified according to the normal
process as required by state law.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 13, 2010
PAGE 25 of 25
XVH. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:39 p.m. in memory of Mr. Bill
Plumlee, who passed away on April 7, 2010, and who was known for his volunteer work to restore a
B -36 Peacemaker bomber and many other aviation achievements and was an important piece of Fort
Worth's history.
These minutes approved by the Fort Worth City Council on the 20th day of April, 2010.
Attest:
Marty Hen x
City Secretary
Approved: