HomeMy WebLinkAbout2010/10/12-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 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
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 2 of 34
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
A. General - Consent Items
1. M &C G -17079 - Approve Findings of Ground Transportation Coordinator Regarding
Application of Walsh Integrity Investments, LLC, d /b /a AirCar to Operate Twenty Limousines
Within the City of Fort Worth and Adopt Ordinance Granting Such Authority.
Approved by the City Council as recommended and as follows: Considering and Adopting the
Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience
Require the Operation of 20 Limousines Upon the City Streets, Alleys and Thoroughfares; Walsh
Integrity Investments, LLC, d /b /a AirCar is Qualified and Financially Able to Conduct a Limousine
Service Within the City; Walsh Integrity Investments, LLC, d /b /a AirCar has Complied With the
Requirements of Chapter 34 of the City Code; Walsh Integrity Investments, LLC, d /b /a AirCar
Presented Facts in Support of Compelling Demand and Necessity for 20 Limousines; the General
Welfare of the Citizens of the City Will Best be Served by the Addition of 20 Limousines Upon City
Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19392 -10 -2010 Granting the Privilege
of Operating Authority to Walsh Integrity Investments, LLC, d /b /a AirCar for the Use of the Streets,
Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall
Consist of the Operation of 20 Limousines, for a Three (3) Year Period Beginning on the Effective
Date; Specifying the Terms and Conditions of the Grant; and Providing for Written Acceptance by
Walsh Integrity Investments, LLC, d /b /a AirCar and Conditioned on Walsh Integrity Investments,
LLC, d /b /a AirCar Complying with All Requirements of Chapter 34, Article VI, of the Code of the
City of Fort Worth (1986), as Amended.
2. M &C G -17080 - Authorize the Transfer of Water and Sewer Funds to the Special Trust Fund
in the Amount of $43,288.00 to Fund One Senior Maintenance Worker Position at the Water
Conservation Demonstration Garden in the Fort Worth Botanic Garden for Fiscal Year 2011
and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Transfer $43,288.00 From the Water and Sewer Fund to the Special Trust Fund; and Adopting
Appropriation Ordinance No. 19393 -10 -2010 Increasing the Estimated Receipts and Appropriations in
the Special Trust Fund in the Amount of $43,288.00, From Available Funds, for the Purpose of
Funding for a Period of One (1) Year the Salary and Benefits of a Senior Maintenance Worker in the
Water Conservation Demonstration Garden at Fort Worth Botanic Garden.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 3 of 34
3. M &C G -17081 - Authorize the Acceptance of a $4,000.00 Grant from the Recreational
Boating and Fishing Foundation of the National Recreation and Park Association to Provide
Recreational Boating and Fishing Experiences to Youth in Fort Worth and Adopt Appropriation
Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Accept Grant Funds Totaling $4,000.00 From the Recreational Boating and Fishing Foundation of the
National Recreation and Park Association to Increase and /or Enhance Recreational Boating and
Fishing Participation in Fort Worth; and Adopting Appropriation Ordinance No. 19394 -10 -2010
Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $4,000.00,
Subject to Receipt of a Grant From the Recreational Boating and Fishing Foundation of the National
Recreation and Park Association to Provide Recreational Boating and Fishing Experiences to Youth in
Fort Worth.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11171 -Authorize Purchase Agreement for the Painting of Roadway Structures with
Tarrant Paint and Stain for the Transportation and Public Works Department for an Initial
Amount of $300,000.00.
Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement
for the Painting of Roadway Structures With Tarrant Paint and Stain for the Transportation and Public
Works Department for an Initial Amount of $300,000.00 Based on Best Value.
D. Planning & Zoning - Consent Items
1. M &C PZ -2913 - Authorize the City Manager to Initiate Zoning Changes of Approximately
233 Acres of Land, Located South of Keller Hicks Road and East of North Beach Street and to
Initiate Zoning Changes of Approximately 377.7 Acres of Land, Located North of Golden
Triangle Boulevard and East of Old Denton Road.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Initiate Certain Zoning Changes for the Annexation Areas in the Far North Sector, in Accordance With
the 2010 Comprehensive Plan, as follows: From Unzoned to "A -10" One - Family, "CF" Community
Facilities, "E" Neighborhood Commercial and "I" Light Industrial and From Unzoned to "A -43" One,
"MH" Manufactured Housing, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "I" Light Industrial,
and "PD /SU" Planned Development/Specific Uses (11855 Alta Vista Uses are Warehouse, Outdoor
Storage, Greenhouse, Show Room, Retail Sales, Office, and Up to 15 Temporary Portable Storage
Containers Not to Exceed Six (6) Months Use; 11865 Alta Vista Uses are Landscaping and
Construction Contractor Yard, Greenhouse/Nursery With Plant Sales, and Pest Elimination Services).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 4 of 34
E. Award of Contract - Consent Items
1. M &C C -24521 - Authorize the Execution of a Contract in the Amount of $847,501.30 with
RKM Utility Services, Inc., for Pavement Reconstruction and Water Main Replacement on
Green Avenue, Odessa Avenue and Garrick Avenue and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$214,851.50 From the Water and Sewer Fund to the Water Capital Project Fund in the Amount of
$162,981.10 and Sewer Capital Projects Fund in the Amount of $51,870.40; Adopting Appropriation
Ordinance No. 19395 -10 -2010 Increasing the Estimated Receipts and Appropriations in the Water
Capital Project Fund in the Amount of $162,981.10 and in the Sewer Capital Projects Fund in the
Amount of $51,870.40, From Available Funds, for the Purpose of Funding Pavement Reconstruction
and Water Main Replacement on Green Avenue, Odessa Avenue and Garrick Avenue; and
Authorizing the City Manager to Execute a Contract with RKM Utility Services, Inc., in the Amount
of $847,501.30 for Pavement Reconstruction and Water Main Replacement for Group 6A: Green
Avenue, From Rutland Avenue to Southwest Loop 820 and Odessa Avenue From Wosley Drive to
Southgate Drive and Group 6C: Garrick Avenue From Wooten Drive to Southwest Loop 820.
2. M &C C -24522 - Authorize Amendment No. 2 in the Amount of $79,243.00 to City Secretary
Contract No. 35294, with ANA Consultants, L.L.C., for the Storm Water Utility Project - Fossil
Drive, Yolanda Drive, Meadowlane Terrace and Kings Oak Addition Areas Drainage
Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 2 in the Amount of $79,243.00 to City Secretary Contract No. 35294 With
ANA Consultants, L.L.C., Revising the Total Cost to $312,846.00 for the Storm Water Utility
Project — Fossil Drive, Yolanda Drive, Meadowlane Terrace and Kings Oak Addition Areas Drainage
Improvements.
3. M &C C -24523 - Ratify the Application for and Authorize the Acceptance of the U.S.
Department of Justice, National Institute of Justice's Fiscal Year 2010 Paul Coverdell Forensic
Science Improvement Grant in the Amount of $129,590.00, Authorize the City Manager to
Execute a Related Contract with the National Institute of Justice and Adopt Appropriation
Ordinance.
Approved by the City Council as recommended and as follows: Ratifying the Application for the
Fiscal Year 2010 Paul Coverdell Forensic Science Improvement Grant From the United States
Department of Justice, National Institute of Justice, in the Amount of $129,590.00; Authorizing the
City Manager to Accept the Grant Funds, if Awarded, by Executing a Contract With the National
Institute of Justice for That Purpose; and Adopting Appropriation Ordinance No. 19396 -10 -2010
Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$129,590.00, Subject to Receipt of the Fiscal Year 2010 Paul Coverdell Forensic Science Improvement
Grant From the United States Department of Justice, National Institute of Justice, for the Purpose of
Improving the Quality and Timeliness of Forensic Services.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 5 of 34
4. M &C C -24524 - Ratify the Application for and Authorize Acceptance of Fiscal Year 2010
Human Trafficking Task Force Initiative Funding from the U.S. Department of Justice in the
Amount of $169,992.00 to Continue the Fort Worth Police Department's Human Trafficking
Unit, Authorize the Execution of a Related Contract, Authorize the Expenditure of $56,667.00 in
Partial Matching Funds and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Ratifying the Application for Grant
Funding Under the Fiscal Year 2010 Human Trafficking Task Force Initiative From the United States
Department of Justice in the Amount of $169,992.00 to Assist in the Continuation of the Police
Department's Human Trafficking Unit; Authorizing the City Manager to Accept, if Awarded, the
Grant Funding and Execute a Contract for That Purpose; Authorizing the City Manager to Transfer
$56,667.00 From the State Awarded Assets Fund to the Grants Fund for the City's Match
Requirement, Contingent Upon Receipt of Adequate Funding in the Fiscal Year 2011 State Awarded
Assets Fund; and Adopting Appropriation Ordinance No. 19397 -10 -2010 Increasing the Estimated
Receipts and Appropriations in the Grants Fund in the Amount of $226,659.00, Subject to Receipt of
the Fiscal Year 2010 Human Trafficking Task Force Initiative From the United States Department of
Justice, for the Purpose of Continuing the Fort Worth Police Department's Human Trafficking Unit.
5. M &C C -24525 - Ratify the Application for and Authorize the Acceptance of Grant Funds in
the Amount of $384,960.00 from the U.S. Department of Justice, National Institute of Justice, for
the Fiscal Year 2010 Solving Cold Cases with DNA Grant, Authorize the City Manager to
Execute a Related Contract with the U.S. Department of Justice, National Institute of Justice and
Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Ratifying the Application for the
Fiscal Year 2010 Solving Cold Cases With DNA Grant From the U.S. Department of Justice, National
Institute of Justice in the Amount of $384,960.00; Authorizing the City Manager to Accept the Grant
Funds, if Awarded, by Executing a Contract With the United States Department of Justice, National
Institute of Justice for That Purpose; and Adopting Appropriation Ordinance No. 19398 -10 -2010
Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$384,960.00 Subject to Receipt of the Fiscal Year 2010 Solving Cold Cases With DNA Grant From
the United States Department of Justice, National Institute of Justice, for the Purpose of Funding the
Identification, Review and Investigation of Violent Crime Cold Cases.
6. M &C C -24526 - Ratify the Application for and Authorize Acceptance of Two Grants from the
Texas Department of Transportation, One in the Amount of $264,070.00 for the Comprehensive
Selective Traffic Enforcement Program, and One in the Amount of $39,600.00 for the
Commercial Motor Vehicle Selective Traffic Enforcement Program, Authorize Expenditure of
$163,805.13 in Partial Matching Funds, Authorize Execution of Related Grant Agreements and
Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 6 of 34
(VII. CONSENT AGENDA Continued)
(C -24526 Continued)
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Ratify the Application for and Authorize the Acceptance of, if Awarded, the Fiscal Year 2011
Comprehensive Selective Traffic Enforcement Program Grant, in the Amount of $264,070.00, and the
Fiscal Year 2011 Commercial Motor Vehicle Selective Traffic Enforcement Program Grant, in the
Amount of $39,600.00, Both From the Texas Department of Transportation; Authorizing the City
Manager to Execute Contracts With the Texas Department of Transportation for the Grants,
Contingent Upon Appropriations of Matching Funds; Authorizing the Transfer of $163,805.13 From
the Federal Awarded Assets Fund to the Grants Fund for the City's Match Requirement for the Grants,
Contingent Upon Receipt of Adequate Funding in the Fiscal Year 2011 Federal Awarded Assets Fund;
and Adopting Appropriation Ordinance No. 19399 -10 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $467,475.13, Subject to Receipt of the Grants, for
the Purpose of Funding the Fiscal Year 2011 Selective Traffic Enforcement Programs.
7. M &C C -24527 - Authorize the Execution of a Terminal Building Office Lease Agreement with
Aviation Courses Ltd., at Fort Worth Meacham International Airport.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Terminal Building Office Lease Agreement With Aviation Courses Ltd., at Fort Worth
Meacham International Airport.
8. M &C C -24528 - Authorize the Execution of a New Ten Year Lease Agreement with Three
Options to Renew at Ten Years Each with Richardson Aviation for Hangar 45S at Fort Worth
Meacham International Airport.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a New Ten (10) Year Lease Agreement With Three (3) Options to Renew at Ten (10) Years
Each With Richardson Aviation for Hangar 45S at Fort Worth Meacham International Airport.
9. M &C C -24529 - Authorize a Contract in the Amount of $350,920.00 with Steve Dake
Construction Inc., d/b /a Dake Construction for the Live Oak Lift Station Rehabilitation Project
Located at 731 Verna Trail.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract With Steve Dake Construction, Inc., d /b /a Dake Construction in the Amount of
$350,920.00 for the Live Oak Lift Station Rehabilitation Project, Located at 731 Verna Trail.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 7 of 34
(VII. CONSENT AGENDA Continued)
10. M &C C -24530 - Authorize Amendment No. 2 in the Amount of $350,000.00 to City Secretary
Contract No. 38537 with Carollo Engineers, P.C., for the Design of Village Creek Wastewater
Treatment Plant Secondary Area and Filters Rehabilitation and Modifications.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 2 in the Amount of $350,000.00 to City Secretary Contract No. 38537, 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 $1,392,000.00.
11. M &C C -24531 - Authorize the Acceptance of Additional Grant Funds from the Texas
Department of Housing and Community Affairs in the Amount of $736,066.00 for the
Comprehensive Energy Assistance Program for Fiscal Year 2010, Adopt Appropriation
Ordinance and Apply Indirect Costs.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Accept Additional Grant Funds From the Texas Department of Housing and Community Affairs in the
Amount of $736,066.00, for the Fiscal Year 2010 Comprehensive Energy Assistance Program;
Adopting Appropriation Ordinance No. 19400 -10 -2010 Increasing Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $736,066.00, Subject of Receipt of Additional
Grant Funds From the Texas Department Housing and Community Affairs for the Fiscal Year 2010
Comprehensive Energy Assistance Program; and Applying Indirect Costs to the Additional Grant
Funds at a Rate of 19.18 Percent, Which Represents the Most Recently Approved Rate for This
Department and Apply the New Approved Rate When Available.
12. M &C C -24532 - Authorize Application for and Acceptance of Loan Star Libraries Grant
Award of $142,210.00 from the Texas State Library and Archives Commission, Authorize
Execution of the Grant Agreement, Authorize an Inter -Fund Loan and Adopt Appropriation
Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Apply for and Accept a $142,210.00 Loan Star Libraries Grant From the Texas State Library and
Archives Commission for the Fort Worth Library for the Program Year September 1, 2010, Through
August 31, 2011; Authorizing the City Manager to Execute a Grant Agreement With the Texas State
Library and Archives Commission Relating to Such Grant; Authorizing the Non - Interest Bearing Inter -
Fund Loan in the Amount of $142,210.00 From the General Fund to the Grants Fund for Interim
Financing to Ensure the Program Continuation From One Grant Funding Period to the Next; and
Adopting Appropriation Ordinance No. 19401 -10 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $142,210.00, Upon Receipt of the Loan Star
Libraries Grant From the Texas State Library and Archives Commission, for the Purpose of Providing
Supplemental Funding for Various Library Programs, Services and Material for Fiscal Year 2011.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 8 of 34
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1789 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,.
1. Presentation of Proclamation for Cares Enough to e r Pink Day
Mayor Moncrief presented a Proclamation for "Cares Enough to Wear Pink" Day to Lieutenant David
Dodson and Fire Chief Rudy Jackson, Fire Department. He stated that the "Cares Enough to Wear
Pink" campaign was the fastest growing movement in the nation, which was dedicated to selflessly
putting women first in the fight against breast cancer, while bringing love and hope to communities
around the United States. He further stated that in the United States, breast cancer was the most
commonly diagnosed cancer among women and the second most cause of death from cancer in
women. He pointed out that in 2010, an estimated 261,100 women would be diagnosed with breast
cancer of which roughly 39,840 women would lose their fight against this horrible disease. He advised
that the Fort Worth Fire Fighters Association, in conjunction with the Fort Worth Fire Department,
along with thousands of fire fighters across the State of Texas, were honoring Breast Cancer
Awareness Month in a big way through participation in the "Cares Enough to Wear Pink" campaign by
wearing and selling pink T -shirts that benefit the Joan Katz Breast Center Endowment Fund at All
Saints Health Foundation. He stated that the Joan Katz Breast Center at Baylor All Saint Medical
Center provided services and programs, free of charge, to patients as well as their families from the
moment of diagnosis, which included education, patient navigation, social services, emotional support,
nutrition, fitness and wellness. He stated that the City of Fort Worth, the Fort Worth Fire Department
and the Fort Worth Fire Fighters Association encouraged all citizens to wear pink on October 12, 2010,
to show their love and support for women like Ms. Joan Katz, a three (3) time Breast Cancer survivor,
as they courageously fight a battle for their lives. He also pointed out that Rosie Moncrief lost her best
friend to breast cancer and stated he and his family have witnessed the struggles associated with the
terrible disease and encouraged everyone to support breast cancer research.
Chief Jackson stated that this campaign gave the Fire Department the chance to be proactive instead of
reactive, as they typically were in their line of duty. He expressed appreciation Mayor and Rosie
Moncrief and to City Manager Fisseler, Assistant City Manager Fernando Costa, Joan Katz and
everyone who was participating in this campaign for their support.
Mr. Michael Glynn, Firefighter, Fire Department, advised that he had lost his mother to breast cancer
nine (9) years earlier and stated that the Joan Katz Breast Center provided excellent services to patients
as well as their families. He stated he was proud to commit, with the other firefighters across the state,
in fight against this terrible disease.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 9 of 34
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued)
Mr. Steve Newton, President, Baylor All Saint Medical Center, expressed appreciation for the support
of this important cause and stated their facilities were ready to assist each woman from the initial
diagnosis and provide the highest quality care and treatment possible.
Ms. Joan Katz, a 28 -year breast cancer survivor, expressed appreciation to everyone who was
participating in this campaign and stated that funds raised by the sale of these shirts would directly
benefit the citizens of Fort Worth.
2. .. Presentation of Certificate of Recognition to Cameron Smith - Recipient of the State-wide
.
Barbara Jordan Essa wtti—tion
Council Member Moss presented a Certificate of Recognition to Cameron Smith, the winner of the
statewide Barbara Jordan Essay Competition. He stated that Cameron Smith was the 2010 winner and
advised that his essay entitled, "A Woman's Place Is In The Dome: The Story of Lorraine Miller," was
a biographical account of the life of a Fort Worth native who was the first African American House
Clerk for the United States House of Representatives. He pointed out that Cameron, who won the
award in April, was home schooled by his mother Gloria L. Smith and he was currently attending
Tarrant County College. He also pointed out that Cameron's siblings had won the contest in previous
years.
Ms. Avis Davis, Chair, Barbara Jordan Essay Competition Fort Worth Committee, advised that the
competition was sponsored by the University of Texas at Austin, Division of Diversity and
Community Engagement. She also advised that the competition was open to all Texas high school
students, grades nine (9) through 12 and provided students the opportunity to explore history and
engage in a journey about real people who lived during these historic times and experienced significant
events in African American history. She stated that throughout Texas, students of all races and
ethnicities would research, interview, and write about African Americans in their local communities.
She pointed out that because many of their subjects were elderly, students preserved their important
stories, individual wisdom and insight for future generations.
Mr. Smith stated he was inspired to write this essay after he saw Ms. Miller at a church event. He
stated that he researched her life and was able to interview her in Washington, D.C.
Mayor Moncrief stated he had the pleasure of serving with Ms. Jordan when he served in the Texas
House of Representatives and she was a Texas Senator. He stated she was a highly respected
individual and had a reputation for being a wonderful orator. He congratulated Mr. Smith on winning
the competition and wished him future success.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 10 of 34
��ili 1111111111 iii 11411 w w, go IMM
1. Upcoming a nd Recent Events
Council Member Burns spoke about the recent suicide of teens and young adults after they had been
bullied for being gay or perceived as being gay. He displayed photographs of Asher Brown, age 13;
Billy Lucas, age 15; Justin Aaberg, age 15; and Seth Walsh, age 13 and stated they had all lost their
lives due to suicide and were victims of bullying. He called for bullying to stop and stated all children
should be treated equally and should be given a chance at life. He also recounted his personal
experience with bullying during his teen years because of his sexual orientation and advised that those
who needed more information on this subject could contact the District 9 Office at 817 - 392 -8809 or
could visit www.thetrevorproi ect. com.
Mayor Moncrief recessed the meeting at 7:45 p.m.
Mayor Moncrief reconvened the meeting at 7:53 p.m.
Council Member Espino expressed appreciation to Council Member Burns for his comments. He stated
his comments were very courageous and it was an honor and pleasure to serve with him on the
Council. He announced that in celebration of Hispanic Heritage Month, the Kimball Art Museum held
a free event on October 10, 2010, from noon, to 5:00 p.m., which celebrated the rich culture of the
ancient Maya. He advised that the exhibit would be on display until early January 2011 and featured
more than 90 works of Mayan art, many of which had never been displayed in the United States,
including massive, carved stone monuments; exquisitely decorated vessels; charming sculpted human
and animal figurines; and lavish goods crafted from jade, gold and turquoise. He stated the events
included performances from Latin Express, Grupo Pakal, Ballet Folklorico de Fort Worth, Coro Yidzat
it Kay, and Mariachis, as well as, art activities and face painting. He stated that more than 4,000
patrons took part in the event. He expressed appreciation to the Maya Kimball Committee members for
their hard work and to the Kimball Art Museum for this great community outreach experience.
Council Member Zimmerman announced that the 2nd Annual White Cane Day Walk would be held on
October 14, 2010, at 10:30 a.m., at the Lighthouse for the Blind Fort Worth, located at 912 West
Broadway. He stated The "T" would offer free transportation to City Hall where proclamations would
be read and the walk would begin. He advised that interested parties could contact Rehabilitation
Services at the Lighthouse for the Blind of Fort Worth at 817 - 332 -3341, extension 34, or by email at
rehab alighthousefw.org for more information.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 11 of 34
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
Council Member Moss announced that the Historic Handley Community held their Annual Handley
Street Festival on October 9, 2010. He stated the event was a great success and featured antique cars
and information about historic sites around the Handley Community. He also announced that
Sagamore Hill Baptist Church celebrated their 100th Anniversary on October 10, 2010, and advised
that he and Mayor Pro tem Scarth attended the successful event. He announced that a Neighborhood
Association Leadership Workshop would be held on October 16, 2010, from 10:00 a.m., to noon, at the
Tarrant County College Opportunity Center, located at 5901 Fitzhugh Avenue. He encouraged
everyone to attend the workshop and stated the topics would cover leadership skills strategies to better
connect the community. He also announced that the Stop Six Sunrise Community meeting would be
held on October 19, 2010, from 6:00 p.m., to 8:00 p.m. He advised that representatives from the Police
and Code Compliance Departments would be in attendance to discuss community issues.
Mayor Pro tem Scarth announced on October 9, 2010, he attended the Texas German Day Pioneer Ball
at the Sheraton Grand DFW and enjoyed a three (3) course dinner, dancing and fun. He stated that this
was a celebration of Texas - German heritage, recognition of the 61" anniversary of the Federal
Republic of Germany and the 20th anniversary of German Reunification. He advised that Mayor
Moncrief was the honorary Chair for this event and advised that representatives from Fort Worth Sister
City, Trier, Germany, attended the celebration.
Ms. Ruth Mereien - Guerke and her husband Harmut Guerke, who were visiting from Trier, Germany,
expressed appreciation to the Mayor and Council and the host families and friends for their hospitality
and advised that they looked forward to returning to the City for a future visit.
Council Member Hicks expressed appreciation to Council Member Burns for his earlier comments and
stated it was an honor and pleasure to serve with him on the Council. She also stated it was time for
everyone to take a stand against discrimination of any type. She also expressed appreciation to many
neighborhoods in District 8 for hosting National Night Out events on October 5, 2010, and stated
promoting crime safety and awareness was a major subject of these events each year. She also
expressed appreciation to the firefighter crew of Engine 8 for their quick response to a medical
emergency that she and her mother witnessed on October 11, 2010.
Mayor Moncrief encouraged everyone to express appreciation to all Firefighters and Police Officers
for their service to the citizens of Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 12 of 34
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
Council Member Jordan congratulated Reverend Doug Brown of Great Commission Baptist Church,
for a very successful two (2) day Fall festival on October 9 -10, 2010. He stated thousands of people
attended the event each day. He also advised that Reverend Darius Johnson and the congregation of
Christ Church were celebrating their 100th Anniversary and congratulated them for their years of
service to the community. He also expressed appreciation to the Fire Department for their commitment
to the fight against breast cancer. He stated his wife was a breast cancer survivor and would be
participating in the Susan G. Komen Three (3) Day for the Cure walk, which was a 60 -mile walk
benefitting breast cancer research. He also congratulated Council Member Burns on his earlier
comments.
Council Member Burns expressed appreciation to all of the neighborhoods in District 9 for hosting
National Night Out events on October 5, 2010, and stated the events promoted crime safety each year.
He also announced that the Parks and Community Services Department's annual Arbor Day
celebration was held on October 9, 2010, at Traders Oak Park. He stated that the event was a huge
success and featured a "Tour of Trees," which included selected Fort Worth Heritage Trees in the
Cultural District. He advised that he requested that presentation be placed on the City website for
citizens to be able to use for a self - guided tour around the City. He also stated that Texas Christian
University (TCU) remained undefeated this football season and reminded everyone that the Horned
Frogs would take on Brigham Young University on October 16, 2010, at 3:00 p.m. He advised that he
had given his season tickets for this game to a District 9 resident and friend who was recovering from
breast cancer. He encouraged everyone to wear purple and pink to support TCU and the fight against
breast cancer. He also announced that The "T" Clean Air Bike Rally would be held on October 16,
2010, at 9:30 a.m., in Sundance Square and advised that everyone must wear bike helmets to
participate. He also announced that the District 9 State of the District Address would be held on
October 18, 2010, at 6:30 p.m., at Catholic Charities, located at 249 West Thornhill Drive. He advised
that those who needed more information about any of the announcements could contact the District 9
Office at 817 - 392 -8809.
Mayor Moncrief also stated that it was an honor and privilege to serve with Council Member Burns.
He stated that his comments were among the most courageous he had witnessed in his 30 years of
public service. He pointed out that those comments were spoken from the heart and had touched
everyone. He also stated that all young people were entitled to a discrimination -free childhood and
should be given the opportunity to take the next steps in life.
2. BgL2gnition of Citizens
There were no citizens recognized at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 13 of 34
Appeals Board
Mr. Donny Nevels, with a term expiring September 30, 2012
Board of Adjustment — Residential
Mr. Clifford Carl Logan, with a term expiring October 1, 2012
Building Standards Commission
Mr. Trey Harris, with a term expiring September 30, 2012
City Plan Commission and Capital Improvement Advisory Committee
Mr. Namon Hollis, Jr., with a term expiring October 1, 2012
City Zoning Commission and Fort Worth Alliance Airport Zoning Commission
Ms. Stephanie Spann, with a term expiring October 1, 2012
Community Development Council
Mr. Robert Pena, with a term expiring October 1, 2012
Historic and Cultural Landmarks Commission
Ms. Edith Jones, with a term expiring October 1, 2012
The motion carried unanimously nine (9) ayes, to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 14 of 34
(XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Ms. Elizabeth J. McCune, be appointed to Place 3 on the Fort Worth Commission for
Women effective October 12, 2010, with a term expiring October 1, 2011. The motion
carried unanimously nine (9) ayes, to zero (0) nays.
MR1011% 111 i � I "FiSi1113,11 1 c 1 11111 103 1 1111 1 1
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XIII. RESOLUTION
LA Resolution Endorsin2 the Education Ca 2n to Inform Texans About Tranwortation
Needs and Urging the 82nd Texas Legislature to Enact Revenue Measures to Fund
Transuortation Investment
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Resolution No. 3926-10-2010 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
XIV. REPORT OF THE CITY MANAGER
B. General
....................
Gas
1rillin2 Permit Violations without a 10-1 ay Cure Period, Revise the Definition of a Private
Grandfathered Site. (Continued from a Previous Meetin2)
The City Council at its meeting of September 14, 2010, continued Mayor and Council Communication
No. G-17021.
It was the consensus of the Council that Mayor and Council Communication No. G-17021 be
withdrawn from consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 15 of 34
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 16 of 34
(G -17082 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. G -17082 be approved and Appropriation Ordinance No.
19403 -10 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
4. MSC G -17083 - Authorize the Acceptance of $70,0x0.00 from Mayfest, Inc., Consisting of
2010 _May est Proceeds and an Additional Monetary Donation for Park Imr)rovements at Trinit y
Park and Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the City Manager to Accept Mayfest, Inc.,
2010 Proceeds in the Amount of $24,000.00; Authorize the Acceptance of an Additional Monetary
Donation in the Amount of $46,000.00 from Mayfest, Inc., for Park Improvements in Trinity Park; and
Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Park
Gas Lease Project Fund in the Amount of $70,000.00, Upon Receipt of Payment From Mayfest, Inc.,
for the Purpose of Funding Playground Improvements at Trinity Park.
Ms. Elizabeth Basham, 4321 Hyatt Court, appeared before Council in support of Mayor and Council
Communication No. G -17083 and stated that MayFest was a great success this year after tribulations in
the past. She stated that for the past 38 years MayFest, Inc., had given approximately $6M back to the
community and generated approximately $8M in revenue for the City. She stated that MayFest, Inc.,
was excited to donate $70,000.00 for park improvements at Trinity Park and looked forward to
MayFest 2011.
Council Member Burns expressed appreciation to Ms. Basham for the MayFest, Inc., donation and
advised that a more formal presentation and acceptance of the donation would happen in the near
future.
Mayor Moncrief also expressed appreciation to Ms. Basham for the MayFest, Inc., donation and stated
the MayFest was redefined in 2010 and that was a great accomplishment. He expressed appreciation to
all of the wonderful volunteers that made the annual event such a success.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. G -17083 be approved with appreciation and
Appropriation Ordinance No. 19404 -10 -2010 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 17 of 34
Feet from a Protected Use.
I
The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating,
Inc., for a Multiple Gas Well Pad Site Permit for the JLB Lease, Located at 7095 Randol Mill Road,
Less Than 600 Feet From a Protected Use.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that the
public hearing be closed and Mayor and Council Communication No. G -17084 be
approved. The motion carried eight (8) ayes to zero (0) nays, with one (1) abstention by
Council Member Jordan.
c c
Tax Code for a Total of $37,534.56.
The City Council at its meeting of September 28, 2010, continued Mayor and Council Communication
No. L- 15069.
The recommendation was that the City Council Authorize the Sale of 15 Tax - Foreclosed Properties in
Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the
Texas Property Tax Code for a Total of $37,534.56; and Authorize the City Manager, or His Designee,
to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in
Compliance With the Bid Form Specifications to Complete the Sale.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 18 of 34
(L -15069 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L -15069 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
2. MSC L -15080 - AdoEt t1►e River Connect Concert Plan as the Riverside Park Master Plan.
The recommendation was that the City Council Adopt the River Connect Concept Plan as the
Riverside Park Master Plan.
The following individuals appeared before Council in support of Mayor and Council Communication
No. L -15080 and stated they were in favor of the much needed amenities and improvements to the
park. They advised of their support for the river connection concept and stated the plans demonstrated
superior design and a diverse entertainment park which would attract a variety of residents in the area.
Ms. Nancy Smotherman, representing Oakhurst Alliance of Neighbors, 1952 Bluebird Avenue
Ms. Adelaide Leavens, representing Streams and Valleys, P.O. Box 101373 (provided handout)
Ms. Janice Michel, 2115 Primrose Avenue (submitted petition with 700 signatures and displayed a
map detailing areas of support)
Mr. Alvin Wade, 400 Oakhurst Scenic Drive
The following individuals completed speaker cards in support of Mayor and Council Communication
No. L- 15080, but did not wish to address the Council.
Mr. Jarrell Smotherman, 1952 Bluebird Avenue
Mr. Jarrett Michel, 2115 Primrose Avenue
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. L -15080 and relative to the proposed Riverside Park Master Plan. They advised
that the Parks and Community Services Advisory Board declined to support the staff recommendation
for the version of the Master Plan with flood storage. They added that the Board should have voted on
the other version of the Master Plan which did not include flood storage. They advised that the process
was not transparent and the residents felt mislead. They spoke in opposition to the Riverside area
being in three (3) Council Districts and having no one real voice on the Council. They also stated that
the residents loved Riverside Park and wanted park improvements, but stated that flood storage was
not considered a park improvement. They added residents were also concerned about damage to
Oakhurst Scenic Drive, which was built in 1936 and was eligible for the National Historic Register of
Historic Places. They pointed out that 12,000 truck trips per year could severely damage that historic
scenic road. They also added that a mitigation plan and funding needed to be in place to address any
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 19 of 34
(L -15080 Continued)
damages that may occur. They stated there was also concern about the loss of parkland and
environmental concerns such as loss of trees due to the demolition of a building at the south end of the
park and the excavation relative to the river connection concept. They also stated the residents had
raised $4,000.00 for environmental testing and added that the results of water testing in the area
showed high levels of E -Coli and other bacteria that were harmful to humans and animals.
They referenced a Dallas Morning News article that referenced high levels of bacteria in soil and water
samples located in Segment 0806D — Marine Creek, of the Trinity River, which was a health and
safety issue for the public. They added more testing needed to be done on the water and soil and
pointed out that Segment 0806D flowed directly into the portion of the Trinity River that ran next to
the park. They also pointed out that the sign advising that the fish in the Trinity River were not edible
was missing and requested the sign be replaced. They stated that City staff advised, in February 2010,
that the sign would be replaced. They also stated that the Trinity River Vision was too costly and
would ruin valuable parkland throughout the City and cause flooding problems. They requested
Council deny any flood storage on the park property and the proposed Master Plan as it was presented.
Mr. Robert Gibb, 2216 Goldenrod Avenue
Mr. Joe King, P.O. Box 7036
Ms. Ginger Bason, 1600 Oakhurst Scenic Drive
Ms. Libby Willis, representing Friends of Riverside Park, 2300 Primrose Avenue (displayed
photographs of debris in the Trinity River, missing sign)
Mr. Doyle Willis, Jr., 2300 Primrose Avenue
Ms. Barbara Grisell, representing Riverside Alliance of Neighborhoods, 818 North Chandler Drive
Mr. Fred Anglin, 1908 Marigold Avenue
Ms. Irene Kjornes, 6176 Wrigley Way
Mr. Don Woodard, 3921 Stonehenge Road
Ms. Beverly Branham, 6487 Woodstock Road
Mr. Jesse Aguilera, 2112 Daisy Lane
Mr. Blake Hedgecock, Shannon Gracey Law Firm, 777 Main Street, Suite 3800 presented a
PowerPoint presentation relative to the north expansion of the subject property. He also stated that the
property for the north expansion of land, known as the Sparto family land, had been owned by the
family for generations and was not for sale. He stated this private property should be removed from the
proposed Master Plan. He also advised that the funds allocated for future purchase of this property was
way too low therefore the proposed funding /budget was way off base for planning purposes.
Ms. Wanda Woodard, 3921 Stonehenge Road, completed a speaker card in opposition to Mayor and
Council Communication No. L- 15080, but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 20 of 34
(L -15080 Continued)
Mayor Pro tem Scarth and Council Member Hicks stated most of the Council Members were not on
Council when the Council redistricting was done. They stated none of the Council Members wanted to
divide the neighborhoods and stated that redistricting again in the future may solve some of those
issues. They advised that they had worked with Council Member Espino to consider other locations for
the water storage but those locations did not work out. They stated there was opposition and opinions
on each side and everyone would not be happy with the decision. They pointed out there had been
community participation and input provided and the Council was trying to pick the best plan to serve
everyone
Mayor Pro tem Scarth and Council Members Hicks, Espino, Burns, Jordan and Zimmerman requested
clarification from Mr. Randle Harwood, Director, Program Management Office, regarding various
citizen comments.
Mr. Harwood referenced a letter from Mr. Woody Frossard, Director, Environmental Services, Tarrant
Regional Water District (TRWD), which was provided to the Council via e -mail. He stated the letter
discussed the water quality and advised that the water quality was within the acceptable range. He also
clarified that only a portion of the Sparto family land was in a floodplain, not the entire piece of
property. He also pointed out that master plans for parkland were used for planning overall
improvements to the park for recreational use and were concept plans and added that they were also
used as a guide to seek funding. He further stated that master plans were usually implemented in
stages and not all at once. He advised that this Master Plan did not increase the City's commitment of
$26M for the Trinity River Vision. He added there was also $100,000.00 available in gas well revenue
received from minerals under the property. He advised that the estimated 12,000 truck trips per day on
Oakhurst Scenic Drive were accurate and that any damage to the road would be repaired per the
contract with the contractor. He also advised that either the City or the Corps of Engineers would be
responsible for replacing the recreational fields after the excavation. He also clarified that the TRWD
had already decided to excavate the property and the City did not have any authority in the decision.
He stated the Council was just voting on the Master Plan not whether or not to excavate the land.
Council Member Hicks requested clarification from City Attorney Yett regarding a potential conflict
of interest.
City Attorney Yett clarified that Council Member Hicks did not have a Conflict on Interest on this item
as she was not receiving anything in return for her service on the Trinity River Vision Board. He
added she had been appointed by the Council to serve in that capacity. He stated that she did not have a
substantial interest and would be allowed to vote on this item.
Council Member Espino clarified that according to the 2000 Census relative to redistricting, the
citizens decided that having three (3) Council Members representing a particular neighborhood gave
them a stronger voice on the Council and it was not the Council's decision how the district lines were
determined. He stated everyone needed to learn to accept different opinions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 21 of 34
(L -15080 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 22 of 34
(L -15081 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -15081 be approved as amended. The motion
carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council
Member Jordan.
Mayor Moncrief and the City Council took an opportunity to extend congratulations to the Texas
Rangers Baseball Team for winning the American League West Division and advancing to the
American League Championship Series for the first time in franchise history.
1 01191 111i 11711111111111
c
Beach and Located at 11751 Aita'Vi'sta Road, for the North
The recommendation was that the City Council Declare That Negotiations Between the City, its
Agents, Subagents and the Landowner to Acquire a Total of 0.201 Acre of Land Owned by Tree
House Family, LLP, and Known as 11751 Alta Vista Road, Abstract No. 266, Tract 21301, Francisco
Cuella Survey, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability
to Reach an Agreement of Value to Purchase; Declare the Necessity to Take by Condemnation the
Subject Property for the North Beach Street Phase I Roadway Project; and Authorize the City Manager
to Institute Condemnation Proceedings to Acquire Fee - Simple Interest in the Surface Estate, but Not
the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate
Instruments.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L -15082 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
F. Award of Contract
)Y�fllow Sp in s Road and ocated South of WA
Boaz Road and West of Old Decatur Road.
The recommendation was that the City Council Authorize the City Manager to Execute an Agreement
to Postpone Annexation Between the City and Multiple Property Owners for Property Located South
of Avondale - Haslet Road and East of Willow Springs Road in Unincorporated Tarrant County; and
Execute an Agreement to Postpone Annexation Between the City and Multiple Property Owners for
Property Located South of W J Boaz Road and West of Old Decatur Road in Unincorporated Tarrant
County.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 23 of 34
(C -24533 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -24533 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
........, ,,,,,,,,, ,,,,,,,,,,
Hazard Control, Authorize Related
c Activities -
Appropriation
The recommendation was that the City Council Authorize the City Manager to Apply for and Accept,
if Awarded, a Grant of Up to $3,100,000.00 From the United States Department of Housing and Urban
Development for Lead -Based Paint Hazard Control; Approve the Use of Up to $775,000.00 from the
City General Fund and Community Development Block Grant Funds as the City's Matching Fund
Portion; Authorize the City Manager, or His Designee, to Enter Into Agreements and Amend or Extend
Such Agreements With the Tarrant County Public Health Department, the Fort Worth Housing
Authority, Area Non - Profit Organizations and Other Entities as May be Necessary and Appropriate
Within the Scope of the Program and in Compliance With Applicable Laws and Regulations; Certify
That the Activities to be Funded With the Grant are Consistent With the City's Consolidated Plan; and
Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants
Fund in the Amount of $3,875,000.00, Subject to Receipt of the Grant.
Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C -24534 be approved and Appropriation Ordinance No.
19405 -10 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
Drive, Drive Drive and Adopt Appropriation
The recommendation was that the City Council Authorize the Transfer of $394,169.97 From the Water
and Sewer Fund to the Water Capital Projects Fund in the Amount of $140,605.94 and Sewer Capital
Projects Fund in the Amount of $253,564.03; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital
Projects Fund, From Available Funds, for the Purpose of Funding Pavement Reconstruction and Water
Main Replacement on Glenmont Drive, Wharton Drive and Wonder Drive; and Authorize the City
Manager to Execute a Contract With Stabile & Winn, Inc., in the Amount of $1,068,520.50 for
Pavement Reconstruction and Water Main Replacement.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 24 of 34
(C -24535 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C -24535 be approved with appreciation to the
Wedgewood Neighborhood Association and Appropriation Ordinance No. 19406 -10 -2010
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
11111111111 11113111111 1110 111111 <
4 OW IS
1 1 1 c .
The recommendation was that the City Council Authorize the Transfer of $520,043.00 From the Water
and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $164,250.00 and the
Sewer Capital Projects Fund in the Amount of $355,793.00; Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the
Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Pavement
Reconstruction and Water Main Replacement on Jennie Drive, Peggy Drive, Indio Drive and Natchez
Trace Street; and Authorize the City Manager to Execute a Contract with McClendon Construction
Co., Inc., in the Amount of $1,190,238.35 for Pavement Reconstruction and Water Main Replacement
for Peggy Drive to Durniger Road; Jennie Drive to Durniger Road; Fargo Court to Southwest Dead
End and Rockdale Road to Trimble Drive.
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C -24536 be approved with appreciation to staff and
Appropriation Ordinance No. 19407 -10 -2010 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
Extend the Contract Term bv at Least Six Months, Reduce the Required Staffing, from at Least
25 to at Least 16 Personnel and Reduce the Monthly Management Fee to::$=37 440.00.
The recommendation was that the City Council Authorize the City Manager to Execute Amendment
No. 2 to City Secretary Contract No. 37796 for the Provision of Parts, Supplies, Staffing and
Management for the City's Parts Distribution and Service Centers Between the City of Fort Worth and
AutoZone Texas, LP, to Extend the Contract Term by at Least Six (6) Months, Reduce the Required
Staffing From at Least 25 to at Least 16 Personnel and Reduce the Monthly Management Fee to
$37,440.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 25 of 34
(C -24537 Continued)
City Manager Fisseler advised of the following amendment to Mayor and Council Communication No.
C- 24537:
AGREEMENT TERMS - This agreement shall be a six month extension to begin on October 15, 2010,
and may be renewed for -si* four successive stn forty -day renewal options. The City Manager
or an Assistant City Manager is authorized, in his or her discretion, to execute the ane meath forty -day
renewal options without further City Council approval, provided the City Council has appropriated
sufficient funds to satisfy the City's obligation during the renewal term.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24537 be approved as amended. The motion
carried unanimously nine (9) ayes to zero (0) nays.
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Public Events Capital Projects Fund in the Amount of
$33,785,120.26 and in the Convention Center Debt Service Fund in the Amount of $1,045,089.78,
From the Sale of Combination Tax and Revenue Certificates of Obligation, for the Will Rogers
Improvements; and Authorize the City Manager to Execute a Design Procurement Agreement in an
Amount Up to $1,350,000.00 With Event Facilities Fort Worth, Inc.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24538 be approved and Appropriation
Ordinance No. 19408 -10 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
Boulevard. Replacements Contract 2005, STM-M on Forest Park
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 26 of 34
(C -24539 Continued)
The recommendation was that the City Council Authorize the City Manager to Execute Change Order
No. 2 in the Amount of $161,085.24 to City Secretary Contract No. 39926 With RKM Utilities, Inc.,
for Water and Sanitary Sewer Replacements Contract 2005, STM -M Thereby Increasing the Contract
Amount to $1,153,390.84.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C -24539 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
Sylvania Avenue, Stratford Park Drive and Brentwood Stair Road and Adopt Appropriat on
The recommendation was that the City Council Authorize the Transfer of $1,162,914.00 From the
Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in
the Amount of $1,162,914.00, From Available Funds; and Authorize the City Manager to Execute a
Contract in the Amount of $1,093,120.00 With Utilitex Construction, LLP, for Sanitary Sewer
Rehabilitation Contract LXV (65), Part 1.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -24540 be approved and Appropriation Ordinance No.
19409 -10 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
Authorize the Execution of a Standard Wholesale Water Amement with
Various Municipalities/Authorized Entities.
The recommendation was that the City Council Authorize the City Manager to Execute a Standard
Wholesale Water Agreement With Various Municipalities /Authorized Entities to Sell Them Treated
Water. The New Agreement Remains Mostly the Same as the Expiring One, the Following Significant
Changes are Included in the New Agreement: Revises the Standby Charge for "Emergency -Only"
Customers to More Accurately Capture the Cost of Reserving Capacity; Enhances Water System
Operation and Emergency Preparedness Requirements; Clarifies Fort Worth's Ownership of Return
Flows; Raises Street Rental from Four (4) Percent to Five (5) Percent to Match Fort Worth Retail
Customer Charge; and Adds a Payment in Lieu of Taxes (PILOT) Cost Component to System Charge;
and the New Agreement Begins on January 1, 2011, and Expires on September 30, 2031. The
Following Municipalities/Entities Have Approved the New Agreement: Aledo, Bethesda Water Supply
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 27 of 34
(C -24541 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 28 of 34
5. Zoning Docket No. ZC -10 -114 - City of Fort Worth/Petition, 4801 -4837 (odd) El Campo
Avenue; from: "B" Two - Family to: "A -5" One - Family. (Recommended for Approval)
(Continued from a Previous Meeting)
It appeared that the City Council, at its meeting of August 3, 2010, Continued Zoning Docket No. ZC-
10 -114, City of Fort Worth/Petition, 4801 -4837 (Odd) El Campo Avenue; From "B" Two - Family to
"A -5" One - Family.
6. Zoning Docket No. ZC -10 -115 - City of Fort Worth/Petition, 4300 blocks of Birchman and
Pershing Avenues; from: "B" Two - Family to: "A -5" One - Family. (Recommended for Approval)
(Continued from a Previous Meeting)
It appeared that the City Council, at its meeting of August 3, 2010, Continued Zoning Docket No. ZC-
10 -115, City of Fort Worth/Petition, 4300 Blocks of Birchman and Pershing Avenues; From "B" Two -
Family to "A -5" One - Family.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
The following individuals appeared before Council in support of Zoning Docket Nos. ZC -10 -100, ZC-
10 -101, ZC -10 -102, ZC -10 -114 and /or ZC -10 -115 and stated that rezoning the area to single - family
zoning would be consistent with the Comprehensive Plan. They stated that their property values would
be increased because duplexes would no longer be allowed which devalued single- family residences.
They also advised that at least 2/3 of the residences supported the rezoning. They pointed out that
consistent single - family rezoning would also keep construction similar throughout the area.
Mr. David Marshall, representing Arlington Heights Neighborhood Association and Chair of the
Arlington Heights Zoning Commission, 2221 Ashland Avenue (provided letter of support and
displayed zoning map of Arlington Heights Neighborhood)
Mr. Billy McKinney, 4513 Pershing Avenue
Ms. Ginger Coolidge, 4825 El Campo Avenue (displayed photographs of renovated homes and
duplexes that were converted to single family residences)
Ms. Catherine Griffin, 4621 Pershing Avenue (displayed a photograph of her residence and various
duplexes on the street)
The following individuals completed a speaker card in support of Zoning Docket Nos. ZC -10 -100, ZC-
10 -101, ZC -10 -102, ZC -10 -114 and /or ZC -10 -115, but did not wish to address the Council.
Ms. Gretchen Klotz, 4501 Pershing Avenue
Mr. John Morris, 4900 Calmont Avenue
Ms. Brenda Helmer, 4900 Birchman Avenue
Mr. O. Z. Helmer, 4900 Birchman Avenue
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 29 of 34
(Zoning Docket Nos. ZC -10 -100, ZC -10 -101, ZC -10 -102, ZC -10 -114 and ZC -10 -115 Continued)
Ms. Arlene Lew, 4837 El Campo Avenue
Mr. Robert Justin Holt, 4317 Birchman Avenue
Mr. Robert Southerland, 4300 Pershing Avenue
The following individuals appeared before Council in opposition to Zoning Docket Nos. ZC -10 -100,
ZC -10 -101, ZC -10 -102, ZC -10 -114 and /or ZC -10 -115 and stated and they had been approached on
numerous occasions to sign a petition to rezone their properties, which they had declined. They
advised that they were long time property owners and were happy with the current zoning. They stated
that they were not opposed to the other property owners rezoning their properties but they wished for
their properties to remain as they were currently zoned. They stated their rights as property owners
should not be compromised just because they were in the minority.
Mr. David Claire, 4809 El Campo Avenue (submitted opposition letters)
Ms. Annette Blaschke, 4629 Collinwood Avenue
Mr. John Montgomery, 2363 Highway 287 North, Suite 105, Mansfield, Texas 76063
Mr. David Berning, 3612 Washburn Avenue (displayed photographs of his property and other
property on his street and submitted a spreadsheet that detailed previous and current property tax
values)
Ms. Jeanne Giles, 4500 Block of Pershing Avenue
Mr. Terry Brightwell, 3701 Dexter Avenue
The following individuals completed a speaker card in opposition to Zoning Docket Nos. ZC -10 -100,
ZC -10 -101, ZC -10 -102, ZC -10 -114 and /or ZC -10 -115, but did not wish to address the Council.
Ms. Tanya Claire, 4809 El Campo Avenue
Mr. Michael Banta, 3209 Greene Avenue (submitted letters in opposition to rezoning)
Council Member Burdette clarified that he withdrew his rezoning initiative because he realized that
rezoning was appropriate in some areas but not in others and it had not been decided by a vote of the
Council. He further advised that many petition -based rezoning requests had been approved over the
years. He pointed out that the petition -based process did not mean that the zoning change would
automatically be approved. He stated that the request went through a review by the City Zoning
Commission and finally by the Council where a decision would be made. He stated that this issue dealt
with property rights and added neighbors should not be able to force rezoning on another person's
property. He also advised that no one could know what would happen to property values in the future
relative to duplexes or single - family residences. He pointed out that the demographics in the area were
changing and development would likely also be changing in the future. He advised that he could not
support these zoning cases because they compromised property rights.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 30 of 34
(Zoning Docket Nos. ZC -10 -100, ZC -10 -101, ZC -10 -102, ZC -10 -114 and ZC -10 -115 Continued)
Mayor Moncrief stated that uniformity was important in the City. He pointed out that without
uniformity the City would end up like a patch work quilt and be unable to plan for the growth,
development and redevelopment. He reiterated that the Council would consider Zoning Docket Nos.
ZC -10 -100, ZC -10 -101, ZC -10 -102, ZC -10 -114 and ZC -10 -115 under one (1) motion and that Zoning
Docket No. ZC -10 -114 would require a super- majority vote of the Council.
Motion: There being no one present desiring to be heard in connection with the public hearing,
Council Member Burns made a motion, seconded by Council Member Hicks, that the
public hearing be closed and Zoning Docket Nos. ZC -10 -100, ZC -10 -101, ZC -10 -102, ZC-
10 -114 and ZC -10 -115 be approved. The motion carried unanimously eight (8) ayes to one
(1) nay, with Council Member Burdette casting the dissenting vote.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 31 of 34
(SP-10-004 Continued)
(Council Member Espino left his place at the dais.)
Itisimpurr 11117 i
...............
......................... . .............
CotntnerciLl_plus ... relail_auto parts and inventory warehouse; site plan waiver recommended.
(Recommended for Approval)
Mr. Jim Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning Docket
No. ZC- 10- 13 5, but did not wish to address the Council.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC- 10- 13 5 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Council Member Espino absent.
Community Facilities. (Recom mended for Ap p r o v a
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-10-136 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 32 of 34
The following individuals completed speaker cards in support of Zoning Docket No. ZC -10 -137, but
did not wish to address the Council.
Mr. James D. Bews, 1709 Watson Street
Ms. Wanda Conlin, 1755 Martel Avenue
Mr. Harvey Roberts, 1651 Watson Road
Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No.
ZC -10 -137 be approved with appreciation to staff. The motion carried unanimously eight (8) ayes to
zero (0) nays, with Council Member Espino absent.
City Secretary Hendrix advised that the remaining zoning cases were all City- initiated rezoning cases
and would be considered under one (1) motion.
Pat
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13. Zoning Docket No. ZC -10 -139 - City of Fort Worth Planning & Development, 217 Paradise
Street; from: "B" Two - Family to: "A -5" One - Family. (Recommended for Approval)
14. Zoning Docket No. ZC -10 -140 - City of Fort Worth Planning & Development, 1901 Adams
Street; from: 'B/HC" Two- Family/Historic 7 Cultural Overlay to: "A -5/HC" One -
Family/Historic & Cultural Overlay. (Recommended for Approval)
15. Zoning Docket No. ZC -10 -141 - City of Fort Worth Planning & Development, 2832 Strong
Avenue; from: "B" Two - Family to: "A -5" One - Family. (Recommended for Approval)
16. Zoning Docket No. ZC -10 -142 - City of Fort Worth Planning & Development, 2505 Mitchell
Boulevard; from: "B" two - Family to: "A -5" One - Family. (Recommended for Approval)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 33 of 34
i
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Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning
Docket Nos. ZC -10 -138, ZC -10 -139, ZC -10 -140, ZC -10 -141, ZC -10 -142 and ZC -10 -143
be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Espino absent.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Burns made a motion, seconded by
Council Member Hicks, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19410 -10 -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 Espino absent.
XVI. CITIZEN PRESENTATIONS
(Council Member Espino returned to his place at the dais.)
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and displayed photographs of various
people playing musical instruments on streets in the City and stated some individuals were given
citations and harassed by Police Officers and others were not. He also displayed a photograph of
another handicapped individual and stated he was harassed and arrested relative to a citation received
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2010
PAGE 34 of 34
(XVI. CITIZEN PRESENTATIONS Continued)
in 1985. He stated the City had bigger issues at hand and should be treating everyone equally. He
expressed appreciation to City staff for making the stop sign at the intersection of Throckmorton
Street and 10th Street more visible. He also stated that all of the Council Members were against the
FY2011 Budget but they all voted for approval of the budget as proposed. He showed photographs of
high grass on the south side of Jennings near the railroad underpass and stated it was only mowed
twice per year. He showed a photograph of the same underpass on the north side of Jennings and stated
it was mowed bi- weekly and stated that was unfair because it was located in a better part of the City.
Other Citizen Presentations:
Mr. J. D. Madewell, 2820 Northwest 25"' Street, appeared before Council and displayed his school
photograph from 1939 and a newspaper article where he had received an academic award. He also
displayed a newspaper article entitled "Fort Worth Middle School Taking Aim at National Title"
which also included a photograph of a Middle School Junior ROTC program. He advised that he was
formerly in the Navy and stated in his opinion the students were not marching properly. He stated that
he contacted the school to notify them and the school was unaware of the issue but would correct the
problem. He encouraged the Council and community to be involved in what was being taught in
schools to ensure proper curriculum was followed.
XVHI. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:19 p.m. in honor of B. Hale, who
turned 102 today. Mr. Hale, a 1932 graduate of University of Texas Austin, owned Hale's Department
Store in Fort Worth, which was in operation from 1933 until 1968.
These minutes approved by the Fort Worth City Council on the 19th day of October, 2010.
Attest:
Marty H drix
City Secretary
Approved: