HomeMy WebLinkAbout2010/11/09-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
Present
Mayor Mike Moncrief
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Prevent
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
I. 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 7:09 p.m., on Tuesday, November 9, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Reverend Ted Pressley, C owb oys for Christ
The invocation was provided by Reverend Ted Pressley, Cowboys for Christ.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
1 w.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
the minutes of the regular meeting of October 26, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
City Manager Fisseler requested that Mayor and Council Communication No. L -15090 be withdrawn
from the Consent Agenda for individual consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 2 of 46
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City Manager Fisseler requested that Mayor and Council Communication No. G -17108 be withdrawn
from consideration.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes
to zero (0) nays.
A. General - Consent Items
1. M &C G -17098 - Approve Findings of Ground Transportation Coordinator Regarding
Application of Royal Limousine to Operate Fifteen 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 15 Limousines Upon the City Streets, Alleys and Thoroughfares; Royal
Limousine is Qualified and Financially Able to Conduct a Limousine Service Within the City; Royal
Limousine has Complied With the Requirements of Chapter 34 of the City Code; Royal Limousine
Presented Facts in Support of Compelling Demand and Necessity for 15 Limousines; the General
Welfare of the Citizens of the City Will Best be Served by the Addition of 15 Limousines Upon City
Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19418 -11 -2010 Granting the Privilege
of Operating Authority to Royal Limousine 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 15 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 Royal Limousine and
Conditioned on Royal Limousine 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 -17099 - Approve Findings of Ground Transportation Coordinator Regarding
Application of Super Shuttle DFW, Inc., d /b /a Execucar, 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; Super
Shuttle DFW, Inc., d/b /a/ Execucar is Qualified and Financially Able to Conduct a Limousine Service
Within the City; Super Shuttle DFW, Inc., d /b /a/ Execucar has Complied With the Requirements of
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 3 of 46
(VII. CONSENT AGENDA Continued)
(G -17099 Continued)
Chapter 34 of the City Code; Super Shuttle DFW, Inc., d/b /a/ Execucar 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. 19419 -11 -2010 Granting the Privilege of Operating Authority to Super
Shuttle DFW, Inc., d /b /a/ Execucar 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 Super Shuttle DFW, Inc., d /b /a/
Execucar and Conditioned on Super Shuttle DFW, Inc., d /b /a/ Execucar Complying With All
Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended.
3. M &C G -17100 - Authorize the Office of Emergency Management to Apply for the Fiscal Year
2011 Emergency Management Performance Grant, if Awarded the Grant, Authorize the City
Manager to Accept the Grant and to Execute a Grant Contract with the Texas Division of
Emergency Management in the Estimated Amount of $144,426.00, Authorize the Transfer of
$144,426.00 as Required for the City's Fifty Percent Match from the General Fund to the Grants
Fund, Authorize an Interfund Loan for Fiscal Year 2011 Expenditures, Authorize the Transfer
of Certain Funds and Eligible Grant Costs and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Office of Emergency
Management to Apply for the Fiscal Year 2011 Emergency Management Performance Grant From the
Texas Division of Emergency Management of Approximately $144,426.00 to Reimburse Expenditures
From the City's Emergency Management Program, if Awarded the Grant, Authorizing the City
Manager to Accept the Grant and to Execute a Grant Contract With the Texas Division of Emergency
Management for the Amount of the Award; Authorize a Non - Interest Bearing Interfund Loan From the
General Fund to the Grants Fund for Interim Financing to Secure Continuation of the Emergency
Management Program From One (1) Grant Funding Period to the Next; Authorizing Transfer of the
Office of Emergency Management Funds From the General Fund to the Grants Fund in the Amount of
$144,426.00 as the City's Match for the Grant; Authorizing the Transfer of Eligible Grant Costs From
General Fund to Grants Fund; and Adopt Appropriation Ordinance No. 19420 -11 -2010 Increasing
Estimated Receipts and Appropriations in the Grants Fund in the Amount of $288,852.00, Subject to
Receipt of the Fiscal Year 2011 Emergency Management Performance Grant for the Purpose of
Reimbursing Expenditures From the City's Emergency Management Program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 4 of 46
(VII. CONSENT AGENDA Continued)
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11174 - Authorize the Purchase of Two Brush Fire Trucks from Bayou City Ford
Using a Texas Association of School Boards Buyboard Cooperative Purchasing Contract for the
Fire Department for a Total Amount of $294,000.00.
Approved by the City Council as recommended and as follows: Authorizing the Purchase of Two (2)
Brush Fire Trucks From Bayou City Ford Using the Texas Association of School Boards Buyboard
Cooperative Purchasing Contract No. 323 -09 for the Fire Department for a Total Amount of
$294,000.00.
C. Land - Consent Items
1. M &C L -15089 - Authorize the Direct Sale of Two Tax Foreclosed Properties Located at 0
Sam Calloway Road to Tarrant Regional Water District for $109,844.80.
Approved by the City Council as recommended and as follows: Authorizing the Direct Sale of Two
(2) Tax - Foreclosed Properties Located at 0 Sam Calloway Road, Described as Abstract 264, Tract 41,
Tract 41A, 54B and 55B, Nathan H. Carroll Survey to the Tarrant Regional Water District in
Accordance With Section 34.05 of the Texas Code for $109,844.80; and Authorize the City Manager,
or His Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to
Complete the Sale.
3. M &C L -15091 - Authorize the Acquisition of 0.677 Acres of Land for a Water Facility
Easement Along with 0.050 Acres for a Temporary Construction Easement from Hope Baptist
Church of Fort Worth, Inc., Located at 1750 Beach Street for the Amount of $51,381.00 and Pay
the Estimated Closing Costs of $2,000.00.
Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.677
Acre of Land for a Water Facility Easement Along With 0.050 Acres for a Temporary Construction
Easement from Hope Baptist Church of Fort Worth, Inc., 1750 Beach Street, Described as a Portion of
Lot A -R, Block 14, Sycamore Heights Addition, Tarrant County, Texas, to be Used for the
Construction of a 54 -Inch Water Line for the Amount of $51,381.00 and Pay the Estimated Closing
Costs of $2,000.00; Finding That the Total Appraised Value of $51,381.00 is Just Compensation for
the Easements; and Authorizing the Acceptance and Recording of Appropriate Instruments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 5 of 46
(VII. CONSENT AGENDA Continued)
E. Award of Contract - Consent Items
1. M &C C -24563 - Authorize the Sale of 3223 Strong Avenue and 3231 Strong Avenue to
Cornerstone Assistance Network Housing Development Corporation in the Amount of $5,000.00
Per Parcel and Authorize Release of Liens.
Approved by the City Council as recommended and as follows: Approving the Sale of Two (2) City -
Owned Parcels of Property Referred to as Lot 13, Block 6 of the Englewood Heights Addition at 3223
Strong Avenue and Lot 11, Block 6 of the Englewood Heights Addition at 3231 Strong Avenue to
Cornerstone Assistance Network Housing Development Corporation (CANHDC) for the Construction
of Single Family Affordable Housing in Accordance With Local Government Code Section 272.001(g)
in the Amount of $5,000.00 Per Parcel; Authorizing the Appropriate City Representatives to Execute
the Documents Necessary to Complete the Sale of the Property; and Authorizing the Appropriate City
Representatives to File Releases of All City Imposed Liens on Lot 13, Block 6, of the Englewood
Heights Addition, as Well as the Privately -Owned Lot 12, Block 6, of the Englewood Heights
Addition, Which is Adjacent to the Property and is Being Acquired by CANHDC.
2. M &C C -24564 - Authorize the Change in Use and Expenditure Contract of $133,092.00 of
Community Development Block Grant Funds with Tarrant County Housing Partnership, Inc.,
for Housing Counseling Services and Authorize the Execution of Contract.
Approved by the City Council as recommended and as follows: Authorizing the Change in Use and
Expenditure of $133,092.00 of Community Development Block Grant Funds for Housing Counseling
Services for Program Year 2010 -2011; Authorizing the City Manager or His Designee to Execute a
Contract With Tarrant County Housing Partnership, Inc., for Housing Counseling Services for a Term
Beginning November 15, 2010, and Ending September 30, 2011; Authorizing the City Manager or His
Designee to Extend or Renew the Contract for Up to One (1) Year if Tarrant County Housing
Partnership, Inc., Requests an Extension and if Such Extension is Necessary for Completion of the
Program; and Authorizing the City Manager or His Designee to Amend the Contract if Necessary to
Achieve Program Goals, Provided Any Amendment is Within the Scope of the Program and in
Compliance With All Applicable Laws and Regulations Governing the Use of Federal Grant Funds.
3. M &C C -24565 - Authorize Amendment No. 2 in the Amount of $79,881.00 to City Secretary
Contract No. 35202, an Engineering Agreement with HDR Engineering, Inc., for the Storm
Water Utility Project for the Terminal -Deen Storm Drain Extensions.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 2 in the Amount of $79,881.00 to City Secretary Contract No. 35202, an
Engineering Agreement With HDR Engineering, Inc., for the Storm Water Utility Project for the
Terminal -Deen Storm Drain Extensions Thereby Revising the Total Contract Cost to $323,581.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 6 of 46
(VII. CONSENT AGENDA Continued)
4. M &C C -24566 - Authorize the Execution of Change Order No. 2 in the Amount of
$130,300.00 to City Secretary Contract No. 39466 with McMahon Contracting, L.P., for Trinity
Boulevard Concrete Reconstruction/Restoration 2009 -4.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 2 in the Amount of $130,300.00 to City Secretary Contract No. 39466 With
McMahon Contracting, L.P., for the Trinity Boulevard Concrete Reconstruction Restoration 2009 -4,
Thereby Increasing the Contract Amount to $1,451,505.00.
5. M &C C -24567 - Ratify the Application for and Authorize the Execution of an Agreement
Regarding the Project Safe Neighborhood Grant from the North Central Texas Council of
Governments in the Amount of $50,000.00 in Order to Participate in a Joint Effort to Reduce
Violent Gun Crime and Gang Crime and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Ratifying the Application for a Project
Safe Neighborhood Grant From the North Central Texas Council of Governments ( NCTCOG) in the
Amount of $50,000.00 in Order to Participate in a Joint Effort to Reduce Violent Gun Crime and Gang
Crime; Authorizing the City Manager to Accept the Grant, if Awarded, by Entering Into a Contract
With the NCTCOG for Implementation of the Grant Funded Project; and Adopting Appropriation
Ordinance No. 19421 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Grants
Fund by $50,000.00, Upon Receipt of the Grant.
6. M &C C -24568 - Authorize the Provision of Water and Sewer Service at 1.25 Times the Retail
Rate to Matyastik & Phillips Investments, LLC, to Serve Properties Located at 700 and 750
West Bonds Ranch Road in Tarrant County Outside of the Fort Worth City Limits Pursuant to
City Code Section 35 -60B Uses Outside the City.
Approved by the City Council as recommended and as follows: Authorizing the Water Department to
Provide Water and Sewer Service at 1.25 Times the Retail Rate to Matyastik & Phillips Investments,
LLC, to Serve Properties Located at 700 and 750 West Bonds Ranch Road in Tarrant County Outside
of the Fort Worth City Limits Pursuant to City Code Section 35 -60B, Uses Outside the City; and
Authorizing the City Manager to Execute an Agreement for Such Services.
7. M &C C -24569 - Authorize Amendment No. 1 in the Amount of $148,000.00 to the
Engineering Agreement with Camp, Dresser & McKee, Inc., for the Design of the Eagle
Mountain Water Treatment Plant Phase III Expansion.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 1 in the Amount of $148,000.00 to the Engineering Agreement With Camp,
Dresser & McKee, Inc., for the Design of the Eagle Mountain Water Treatment Plant Phase III
Expansion, Thereby Increasing the Amount of the Contract From $4,645,213.00 to $4,793,213.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 7 of 46
(VII. CONSENT AGENDA Continued)
8. M &C C -24570 - Authorize Change Order No. 1 in the Amount of $107,272.16 to City
Secretary Contract No. 38578 with Burnsco Construction, Inc., for Golden Triangle Boulevard
Water Line Relocations from Interstate Highway 35W to US Highway 377, thereby, Increasing
the Contract Amount to $1,364,375.16.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 1 in the Amount of $107,272.16 to City Secretary Contract No. 38578 With
Burnsco Construction, Inc., for Golden Triangle Boulevard Water Line Relocations From Interstate
Highway 35W to US Highway 377, Thereby Increasing the Contract Amount to $1,364,375.16.
9. M &C C -24571 - Authorize a Professional Services Contract with Freese & Nichols Inc., in the
Amount of $100,000.00 for the On -Call Water and Wastewater Modeling with Two Renewal
Options.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract With Freese and Nichols, Inc., for the On -Call Water and Wastewater Modeling
Professional Services Contract in the Amount of $100,000.00 With Two (2) Renewal Options.
10. M &C C -24572 - Authorize the Execution of an Engineering Agreement in the Amount of
$642,250.00 with Carollo Engineers, Inc., for the North and South Holly Water Treatment Plant
Chlorine and Ammonia Conversion Project.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Engineering Agreement With Carollo Engineers, Inc., in the Amount of $642,250.00 for
the North and South Holly Water Treatment Plant Chlorine and Ammonia Conversion Project.
11. M &C C -24573 - Authorize the Execution of a Construction Contract with Raydon, Inc., in
the Amount of $193,780.50 for Park Improvements at Falcon Ridge Park.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Construction Contract With Raydon, Inc., in the Amount of $193,780.50 for Park
Improvements at Falcon Ridge Park.
12. M &C C -24574 - Authorize No -Cost Lease of Land Adjacent to Rosenthal Park from
Southwest Christian School, Inc.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Lease Agreement With Southwest Christian School, Inc., for Use of Approximately Two (2)
Acres of School -Owned Land Adjacent to Rosenthal Park for a Two (2) Year Period With Three (3)
Two (2) Year Renewal Periods With No Direct Cost to the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 8 of 46
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1793 - Notice of Claims for Alleged Damages and /or Injuries
2.00S - 1794 - Liability Bonds Approval
End of Consent Agenda.
C. Land - Consent Items (Removed from Consent for Individual Consideration)
2. M &C L -15090 - Authorize the Sale of Sixty Two 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 $184,266.00.
The recommendation was that the City Council Authorize the Sale of 62 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 $184,266.00; 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.
Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L -15090 be approved as amended to remove 5609, 5612
and 5700 Parker Henderson Road, 210 Decosta Street North, and 5003 Lancaster Avenue
East from consideration. The motion carried unanimously nine (9) ayes to zero (0) nays.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation of the Salvation Army Red Kettle Cam
Captain Mark Jacobs, Salvation Army Assistant Commander for Fort Worth, presented information
regarding the Salvation Army Red Kettle Campaign. He stated the Salvation Army had requested time
at the Council Meeting to kickoff their Annual Red Kettle Campaign in Fort Worth. He advised of the
importance of the organization and the Salvation Army buildings that provided services in the
Metroplex, including the Directions Home Program. He pointed out that Fort Worth raised
$552,000.00 last year and the need for service would continue to increase each year. He requested that
Mayor Moncrief don the "red apron" and ring the bell.
Mayor Moncrief placed the first donation from Fort Worth in the kettle and invited the audience
to donate any spare change they had to kickoff the campaign that would officially start the season of
giving in Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 9 of 46
Other Special Presentations, Introductions, etc.:
Mayor Moncrief advised that a Proclamation for Pancreatic Cancer Awareness Month would be
presented at this time by Council Member Zimmerman.
Council Member Zimmerman presented the Proclamation to Ms. Virginia Griffin, Pancreatic Cancer
Action Network representative. He stated that in 2010, an estimated 43,140 people would be diagnosed
with pancreatic cancer throughout the United States and 36,800 people would die from the disease
within the first five years. He further stated that pancreatic cancer was the fourth leading cause of death
in the United States with no cure or significant improvements in the survival rates in the last 40 years.
He advised that the Pancreatic Cancer Action Network was the first and only national patient advocacy
organization that served the pancreatic cancer community nationwide by focusing its efforts on public
policy, research funding and patient services in addition to public awareness and education related to
developing effective treatments and a cure for pancreatic cancer. He further advised that the Pancreatic
Cancer Action Network and its affiliates in Fort Worth were committed to nothing less than a cure. He
pointed out that the good health and well -being of the residents of Fort Worth was undoubtedly
enhanced through increased awareness, as well as, research pertaining to early detection, causes and
effective treatments.
Ms. Griffin expressed appreciation to the Mayor and Council Members for the Proclamation and
recounted her personal family losses to pancreatic cancer. She stated the 2nd Annual 5K PurpleStride
DFW event, benefitting research for pancreatic cancer, would be held on November 14, 2010. She
encouraged everyone to visit the Network's website at .pancap.org or contact the office at
877 - 272 -6226 for more information.
II �M
Mayor Pro tem Scarth, with the assistance of Council Member Jordan, presented Certificates of
Recognition to the following former Board and Commission members:
Mr. Jerry Cook, for his service on the Animal Shelter Advisory Committee from June 10, 2003,
through October 1, 2010.
Mr. James D. Godfrey, for his service on the Aviation Advisory Board from January 7, 2003, through
October 1, 2010. Mr. Godfrey was also presented with a photograph of the three (3) airports located in
the City of Fort Worth.
Ms. Pearl Hunt, for her service on the Fort Worth Commission for Women from March 20, 2007,
through October 1, 2010.
Ms. Marcy Paul, for her service on the Fort Worth Commission for Women from January 18, 2007,
through October 1, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 10 of 46
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #2 Continued)
Ms. Judy Bland, for her service on the Mayor's Committee on Persons with Disabilities, from
October 12, 2004, through September 28, 2010.
Mr. Glen Estes, for his service on the Parks and Community Services Advisory Board from
October 18, 2005, through October 1, 2010.
Ms. Sandi Breaux, for her service on the Fort Worth Commission for Women from August 22, 2006,
through October 12, 2010.
Ms. Elizabeth Farley- Parker, for her service on the Fort Worth Commission for Women from
October 24, 2006, through October 1, 2010.
Mayor Pro tem Scarth advised that the following individuals were unable to attend the meeting to
receive a Certificate of Recognition:
Mr. Reed Bilz, for his service on the Library Advisory Board from September 27, 2005, through
October 1, 2010.
Ms. Zem Neill, for her service on the Fort Worth Commission for Women from November 6, 2007,
through October 1, 2010.
Mr. Cory Fickes, for his service on the Appeals Board from March 18, 2010, through May 27, 2010.
Ms. Beth Johnson, for her service on the Fort Worth Commission for Women from
November 11, 2008, through October 1, 2010.
Ms. Jerre Miller, for her service on the City Zoning Commission and the Fort Worth Alliance Airport
Zoning Commission from September 21, 2004, through October 1, 2010.
Ms. Evonia Daniels, for her service on the Fort Worth Commission for Women from June 22, 2004,
through October 1, 2010.
Mr. Bill Miller, for his service on the Board of Adjustment - Commercial and the Fort Worth Alliance
Airport Board of Adjustment from June 20, 2006, through October 1, 2010.
Mr. Jacq Duncan, for his service on the City Zoning Commission and the Fort Worth Alliance Airport
Zoning Commission from September 21, 2004, through October 1, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 11 of 46
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #2 Continued)
Mr. Antonio Martinez, for his service on the Library Advisory Board from October 21, 2008, through
October 1, 2010.
Ms. Chris Kalish, for her service on the Fort Worth Commission for Women from November 11, 2000,
through October 1, 2010.
��ili 1111111111 iii 11411 w w, go IMM
1. Upcoming a nd Recent Events
Council Member Espino announced that race weekend at Texas Motor Speedway was a great success
and brought over 200,000 fans from across the country to Fort Worth. He expressed appreciation to the
Police and Fire Departments for their assistance in keeping the visitors safe.
Council Member Jordan announced that the dedication ceremony for The Prairie Wind at C.P. Hadley
Park, a public art project, and numerous other capital improvement projects would be held on
November 13, 2010, at 10:00 a.m. He encouraged all District 6 residents to attend the dedication
ceremony and added that this was a major accomplishment in roadways, parks and public art. He also
advised that on November 19, 2010, at 10:00 a.m., the Granbury Hills Apartment Complex would be
demolished and invited everyone to attend the demolition. He stated this site had been in disrepair and
an eye sore for a long time. He stated his wife was a breast cancer survivor and had participated in the
Susan G. Komen Three (3) Day for the Cure Walk, which was a 60 -mile walk benefitting breast cancer
research. He stated the event raised over $7M to be used for breast cancer research and awareness. He
also expressed appreciation to the Fire Department for participating in the event and their commitment
to the fight against breast cancer.
Council Member Burdette announced that the Fort Worth Public Library celebrated the opening of the
new Northwest Branch with a dedication and ribbon - cutting ceremony on October 30, 2010, at
10:00 a.m., at the library, located on Cromwell Marine Creek Road. He stated that the 13,000- square-
foot Northwest Branch offered the latest library technology services, including 52 public computers
with Internet access, self - checkout stations, an automated media dispenser, free Wi -Fi and laptop
computers for use in the library. He added that the branch also had a computer instruction lab with an
interactive computer white board for presentations, children's literacy computers, video gaming and
Radio Frequency Identification for inventory management. He also announced that the Women
Airforce Service Pilots (WASP) were honored at the Naval Air Station Joint Reserve Base Fort Worth
with a street renamed to WASP Court. The street was named for the 1,074 women who flew military
planes stateside so that men could be freed up for combat missions. He stated that Ms. Betty Jo Reed
and Ms. Mildred Dalrymple were present at the event and shared memories of their days as WASPs.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 12 of 46
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
Council Member Hicks expressed appreciation to Ms. Wanda Conlin and the East Fort Worth Business
Association and advised that she attended their annual dinner. She stated that they recognized a lot of
heroes and sheroes in the eastside community and that the Police Department was honored at the event.
She also announced that the 6th Annual City Hall Comes to District 8 Town Hall Meeting would be
held on November 18, 2010, at Morningside Elementary School. She stated that registration would
begin at 5:30 p.m., and the meeting would take place at 6:00 p.m. She encouraged those interested to
call her office at 817 - 392 -8808 for more information.
Council Member Zimmerman announced that the 2010 Fort Worth Alliance Air Show presented by
Bell Helicopter was held October 30 through 31, 2010, in North Texas. He stated that the United States
Navy Blue Angels, the United States Air Force F -22 Raptor and the United States Army Golden
Knights were featured in a full day of dynamic aviation performances, static display, interactive
booths, and Kids Zone. He expressed appreciation to all of the volunteers and City staff that assisted
with the event. He also stated that he represented the City at the birthday of Ms. Marie DeMuth, who
turned 110 yeas old on November 5, 2010. He also announced that the Crime Prevention and Safety
Fair for the Deaf and Hard of Hearing Community would be held on November 13, 2010, from
9:00 a.m., to 2:00 p.m., at the Fort Worth Police and Fire Academy located at 1000 Calvert Street and
encourage everyone to attend.
Council Member Burns stated on November 4, 2010, approximately 40 community representatives
came out to a workshop regarding the location of the new South Central Community Center, which
was funded in the 2004 Bond Package. He stated residents were notified using the reverse 911 call
system. He also announced that the Texas Christian University football team dominated 5th ranked
Utah, and advised that the final home game was November 13, 2010, at 4:00 p.m. He stated that
TCU was ranked 3rd in the Nation in the Bowl Championship Series ranking. He advised that on
November 6, 2010, he had the opportunity to be the opening speaker at the Dallas -Fort Worth Black
Tie Dinner. He advised that the Black Tie Dinner was attended by more than 3,000 people and raised
more than $1M for local charities. He stated that there were also three (3) major honors bestowed at
the dinner each year and two (2) of them were from Fort Worth this year. He stated that Reverend
Carol West, the Senior Minister at Celebration Community Church on Pennsylvania Avenue in District
8, was the named the 2010 Kuchling Humanitarian Award and the 2010 Elizabeth Birch Equality
Award, typically given to an individual, was given to Fort Worth -based American Airlines. He stated
that for over a decade, Fort Worth -based American Airlines had been a pioneer in implementing fair -
minded policies and practices for its lesbian, gay, bisexual and transgender (LGBT) customers and
employees. He pointed out that American Airlines had consistently held the highest possible ranking
on the Human Rights Campaign's Corporate Equality Index and was the only airline to achieve this
distinction every year since its inception in 2002. He also announced that a meeting hosted by the
Modern Streetcar Task Force would be held on November 16, 2010, at 6:00 p.m., in the Council
Chamber to discuss the Fort Worth Modern Streetcar Study and would focus on the recommended
starter alignment and business plan. He stated that public participation was welcomed and advised that
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 13 of 46
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
project team members would be available at the meeting to answer any questions. He also recognized
Ms. Martha Galvan, mother of District 9 Aide Deyra Galvan. He stated that Martha Galvan was a long
time employee of the City of Houston and welcomed her to the meeting. He also advised that Paschal
High School celebrated their 125th Anniversary last week with a number of events at the school and
expressed appreciation to everyone who attended the celebration. He requested the Council meeting be
adjourned in support of Mr. Michael Batts, who was critically injured in a car accident on his way to
sing in the choir at the Paschal High School Anniversary Celebration.
Mayor Pro tem Scarth announced that November 13, 2010, would be the last football game played in
the current stadium at TCU. He stated that the stadium would be demolished on December 3, 2010. He
also expressed appreciation to Council Member Zimmerman for his hard work and support of the
Alliance Air Show each year.
Council Member Hicks also recognized Professor Marshall Hobbs and his students from Tarrant
County College, South Campus, who were attending the meeting to learn more about local
government.
Council Member Jordan requested the Council Meeting also be adjourned in memory of Ms. Frances
A. Jackson, 63, who lost her battle with cancer November 8, 2010. He stated she was an active
volunteer in the City and worked as a Citizen on Patrol Code Blue Coordinator with the City.
Mayor Moncrief reminded everyone to once again "go purple" on Fridays in support of TCU athletics.
He expressed appreciation to all staff and local businesses for supporting TCU as the "hometown
team ".
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette that Mr.
Michael Wellbaum be appointed to Place 6 on the Board of Adjustment — Commercial and
Fort Worth Alliance Airport Board of Adjustment effective November 9, 2010, 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
NOVEMBER 9, 2010
PAGE 14 of 46
(XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman that Ms.
Susan De Los Santos be appointed to Place 8 on the Building Standards Commission
effective November 9, 2010, with a term expiring September 30, 2012. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino that Mr.
Larry Crockett be appointed to Place 7 on the Community Development Council effective
November 9, 2010, with a term expiring October 1, 2011. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Ms. Susan
S. Ross be appointed to Place 4 on the Appeals Board effective November 9, 2010, with a
term expiring September 30, 2012 and Ms. Veronica Zerpa be appointed to Place 4 on the
City Plan Commission and Capital Improvement Advisory Committee effective
November 9, 2010, with a term expiring October 1, 2012. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL REPORT OF THE CITY MANAGER
B. General
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The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations From Various Funds Listed Below in the Amount of
$351,499.42 From Available Funds Paid to JP Morgan Chase Bank and Midkiff Oil and Gas in Fiscal
Year 2010 for Banking and Consultant Services Provided in Conjunction With the City's Gas Lease
Program:
1. TPW Gas Well Revenues Fund in the Amount of $16,839.68;
2. Lake Worth Gas Lease Capital Improvement Fund in the Amount of $11,739.40;
3. Park Gas Lease Project Fund in the Amount of $94,519.10;
4. Golf Debt Service Fund in the Amount of $6,393.08;
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 15 of 46
(G -17101 Continued)
5. Capital Projects Reserve Fund in the Amount of $12,646.33;
6. Airports Gas Lease Project Fund in the Amount of $32,336.96;
7. Golf Gas Lease Capital Project Fund in the Amount of $6,393.09;
8. Water & Sewer Gas Lease Capital Projects Fund in the Amount of $91,405.49;
9. Park System Endowment Gas Lease Fund in the Amount of $3,775.66;
10. Water & Sewer Endowment Gas Lease Fund in the Amount of $30,468.52;
11. Aviation Endowment Gas Lease Fund in the Amount of $32,336.91; and
12. General Endowment Gas Lease Fund in the Amount of $12,645.20.
Council Members Jordan, Hicks, Espino, Zimmerman and Burns advised that they had a personal or
business banking relationship with JP Morgan Chase Bank and had been advised by the City Attorney
that there was no conflict of interest.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17101 be approved and Appropriation
Ordinance No. 19422 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes,
to zero (0) nays.
.,
Feet from Protected Uses.
x
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 Corley Lease, Located at 4999 Boat Club Road,
Less Than 600 Feet From Protected Uses.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Report of City Staff
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
Mr. Kevin Strawser, Chesapeake Operating, Inc., appeared before Council and provided a brief update
and overview of the waiver request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 16 of 46
(G -17102 Continued)
Council Member Hicks requested clarification from Mr. Strawser relative to the closest protected use
to this pad site, the reason for demolition of a house and why Chesapeake Operating, Inc. was moving
the pad site further from the protected use.
Mr. Strawser advised that the closest protected use was 95 feet and was a residence owned by
Chesapeake Operating, Inc., and was to be demolished. He stated that residents requested the pad site
be moved 50 feet further from the closest residence and that this area had an existing drainage problem
and by moving the site and demolishing the house they could redirect the water run -off to the frack
pond. He added that the pad site would be 269 feet from the well bore to the closest site.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -17102 and stated that Chesapeake Operating, Inc., had agreed to all of the resident requests,
which included mitigation of runoff drainage and moving the pad site 50 feet further from the closest
residence. They advised that they were excited to lease their minerals and receive the royalties once the
minerals were harvested. They commended Chesapeake for their professional negotiations with the
residents and requested Council approve the waiver request.
Mr. James Smith, 4328 Woodlake Drive Mr. Donny Bogan, 6307 Basswood Drive
Ms Linda Larned -Pope, 6205 Ivy Hill Road
Ms. Mattie Kitchens, 6117 Ivy Hill Road
Mr. Eddie Kitchens, 6117 Ivy Hill Road
Mr. James Stewart, 5244 Hill Ridge Drive
Mr. Jack Burks, 4324 Woodlake Drive
Mr. Bill Miller, 6357 Basswood Drive
Mr. Richard Prichard, 6108 Ivy Hill Road, completed a speaker card in support of Mayor and Council
Communication No. G- 17102, but did not wish to address the City Council.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17102 and relative to the harmful environmental effects of gas well drilling.
They advised that the area was densely populated with families and small children and pointed out that
the effects of an explosion at the site would be catastrophic and should be taken very seriously. They
stated that the grandfathering clause in the gas well drilling ordinance should be reviewed and that this
site should not have been grandfathered according to the ordinance. They stated that two alternate
locations in the area would have been more viable sites for drilling and requested Council deny this
waiver request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 17 of 46
(G -17102 Continued)
Ms. Jan Odell, 6217 Loydhill Lane
Ms Jacquelyn Wright, 6104 Ivy Hill Road
Mr. Jim Ashford, 6209 Riverview Circle (displayed an excerpt relative to the grandfathering clause in
the gas well drilling ordinance)
Mr. Aaron Lowe, 6102 Ivy Hill Road, completed a speaker card in opposition to Mayor and Council
Communication No. G- 17102, but did not wish to address the City Council.
Council Member Burdette advised with each waiver request there would be individuals in support and
in opposition. He stated that 80 percent of the closest protected uses had leased their minerals and he
would support this item. City Attorney Yett advised that this site was grandfathered under the proper
guidelines and the City Council was able to take action on the item.
c. Council Action
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 -17102 be
approved. The motion carried seven (7) ayes, to one (1) nay, with Council Member Hicks
casting the dissenting vote and one (1) abstention by Council Member Jordan.
3. MSC G -17103 - Consider a Waiver Request by Chesaueake Operating, Inc., for a Multiple
Gas Well Pad Site Permit for te Kimbo Lease Located at 2796 Premier Street, Less Tha
Feet from Protected Uses.
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 Kimbo Lease Located at 2796 Premier Street,
Less Than 600 Feet From Protected Uses.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Report of City Staff
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 18 of 46
(G -17103 Continued)
Ms. Mercedes Bolen, Chesapeake Operating, Inc., appeared before Council and provided a brief
update and overview of the waiver request.
b. Citizen Presentations
Mr. Robert Chesser, President of Bonnie Brae Neighborhood Association, 3217 Kimbo Road,
appeared before Council in support of Mayor and Council Communication No. G -17103 and stated
that there were three (3) well sites in and around the neighborhood. He stated there were no problems
with the well sites and requested the Council approve the waiver request.
Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Mayor and Council
Communication No. G -17103 and clarified that the requirements for a site to be grandfathered was 200
feet and advised that the description on the website stated the closest that a site could be drilled was
300 feet. He questioned why the site was grandfathered because it did not appear to meet the
requirements.
Mayor Pro tem Scarth advised the site was grandfathered because there was an existing well site
already on the property.
Mayor Moncrief clarified that the Law Department had determined that the site was grandfathered
under the proper guidelines and the City Council was able to take action on the item.
Mr. Trice clarified that the grandfathered sites were measured from the site boundary and the protected
uses could be as close as 200 feet to the pad site boundary. He stated there was at least one (1)
protected use within the distance of the 200 to 300 feet from the pad site boundary.
Mayor Pro tem Scarth advised that he had been in communication with the neighborhood associations
in the area and stated the main questions was why the gas well sites had not been drilled sooner. He
added that he would support this waiver request.
c. Council Action
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that the
public hearing be closed and Mayor and Council Communication No. G -17103 be
approved. The motion carried unanimously eight (8) ayes, to zero (0) nays, with one (1)
abstention by Council Member Jordan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 19 of 46
t, 1
The recommendation was that the City Council Adopt the Proposed Amendment to the Master
Thoroughfare Plan MT -10 -003 for the Realignment of Harley Avenue Between Montgomery Street
and University Drive.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. G -17104 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
an, IMIJ10111111JIMILIMMIM
Effective October 1, 2010, and to Add an Actuarially Neutral Survivor Benefiflor Unmarried
Employees and Eliminate the One-Year DROP Service Reguirement, Effective
November 9,2010.
The recommendation was that the City Council Adopt an Ordinance Amending Chapter 2, Article VI,
Division 1 Entitled "Employees' Retirement Fund," of the Code of the City of Fort Worth (1986), As
Amended, Amending Section 2 -204 to Increase the City's Contributions to the Retirement Fund;
Amending Section 2 -212 Providing for an Actuarially Neutral Survivor Benefit for Employees Who
Are Not Married at the Time of Retirement; Amending Section 2 -210 Providing for a Member to
Receive the Amount Credited to Their Drop Account if the Member is Terminated From City
Employment Prior to Completion of One (1) Year in the Drop Program.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and
Ordinance No.
to zero (0) nays.
Council Communication No. G -17105 be approved and
19423 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes,
I
on An Amendment to the Retirement Ordinance that Would Provide for an Actuarially
Survivor Benefit Are Hired on or After
October 1, 2010.
The recommendation was that the City Council Adopt a Resolution to Notify the Board of Trustees of
the Employees' Retirement Fund of the City of Fort Worth That the Fort Worth City Council Intends
to Consider and Vote on an Amendment to the Retirement Ordinance That Would Require an
Actuarially Neutral Survivor Benefit for All Non -Civil Service Employees Who Are Hired on or After
October 1, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 20 of 46
(G -17106 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G -17106 be approved and Resolution No. 3930 -11 -2010
be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
7. MSC G -17107 - Authorize Payment for the City of Fort Worth's Fiscal Year 2011
Membership e orth Texas Commission in the A $55,2 15.00.
The recommendation was that the City Council Authorize Payment for the City of Fort Worth's Fiscal
Year 2011 Membership With the North Texas Commission in the Amount of $55,215.00.
Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G -17107 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
8. MSC G -17108 - Ad2n an Ordinance Establishing Op rational Hours for On- Street Parkin
Meters in the Fort Worth Cultural District.
It was the consensus of the Mayor and Council that Mayor and Council Communication No. G -17108 -
Adopt an Ordinance Amending the Code of the City of Fort Worth, Texas (1986), Chapter 22, "Motor
Vehicles and Traffic ", Article VI, "Standing, Stopping and Parking ", Division 11, "Parking Meters"
Within the Fort Worth Cultural District be withdrawn from consideration.
9. M& C G -17109 - Accent a onation from Cowtown Loves Animal Shelter Pets, Inc., of
ent and Surmlies Valued at Approximately $ 7, 7 for Use at e Animal are and
Control e ter.
The recommendation was that the City Council Accept a Donation From Cowtown Loves Animal
Shelter Pets, Inc., (CLASP) of the Following Equipment and Supplies Valued at Approximately
$17,676.00 for Use at the Animal Care and Control Center, One (1) Surgical Laser, and Related
Spay/Neuter Laboratory Support Equipment, 125 Feral Cat Dens, and 173 Stainless Steel Water
Bowls.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -17109 be approved with appreciation to Cowtown
Loves Animal Shelter Pets, Inc. The motion carried unanimously nine (9) ayes, to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 21 of 46
(G -17109 Continued)
Mayor Moncrief recognized the Cowtown Loves Animal Shelter Pets, Inc., members who attended the
meeting and expressed appreciation for their hard work, support and volunteer hours for this important
program.
6 6
Animal Large Uefining
Term Regulated Structure.
The recommendation was that the City Council Adopt an Ordinance Amending Section 6 -61,
"Unlawful Acts Enumerated," of Chapter Six (6) of the Code of the City of Fort to Prohibit Sale or
Possession of Instruments for Purposes of Birdfighting; Amending Division Three (3) of Article Two
(2) of Appendix B, "Department of Code Compliance," of the Code of the City of Fort Worth to
Repeal Superseded Provision Relating to the Keeping of Large Animals, to Limit Keeping of Roosters
in the City, and to Clarify Regulation of Previously Issued Continuance Permits.
Mr. Brandon Bennett, Director, Code Compliance, appeared before Council and provided a staff
report.
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -17110 and relative to the negative issues related to housing large numbers of roosters in
residential areas. They stated the roosters were noisy, polluted the air, smelled foul and were used for
cock fighting. They stated other cities had taken action to reduce the number of roosters in the City or
prohibit them entirely. They suggested the City review the City of Dallas Ordinance as an example and
prohibit all roosters in the City.
Mr. Troy McKelroy, President, Crestwood Neighborhood Association, 316 Bailey Avenue
Ms. Gayle Davis, Vice President, Crestwood Neighborhood Association, 840 North Bailey Avenue
Ms. Peggy Shelton, 4412 Sahara Place
Ms. Wendy Helm, 4759 Martha Lane (provided photographs)
Mr. Wayne Caldwell, 6650 Sheridan Road
The following individuals completed speaker cards in support of Mayor and Council Communication
No. G- 17110, but did not wish to address the City Council.
Ms. Charlsye Lewis, 1900 Aden Road
Ms. Lisa Genzer, 316 Cotillion Road
Mr. J. D. Jimmerson IV, 3302 Roosevelt Avenue
Mr. Steve Epstein, 1617 Steinburg Lane
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 22 of 46
(G -17110 Continued)
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17110 and regarding the Latino culture relative to game fowl. They stated that
they wished to raise their families around game fowl and added that it promoted responsibility among
their children and decreased crime. They stated that Fort Worth was about culture and cowboys and
imposing this regulation would infringe on their culture and their rights as United States citizens. They
stated the birds were not used for cock fighting, which was a felony, and agreed that violators should
be prosecuted. They advised that the birds were very expensive and questioned what would happen to
the birds that could not be sold within six (6) months. They also questioned if individuals would
receive citations or fines for violating the ordinance. They stated the ordinance should be reviewed by
a committee of professionals from both sides and requested the Council deny or delay voting on this
item.
Mr. Amos Martinez, 5066 Flamingo Road
Mr. Jose Cardenas, 916 Lomo Street (displayed awards received by his family and requested Council
Member Espino translate an award presented to his daughter)
Mr. Alberto Rivas, 822 South Oakland Boulevard
Mr. Jose Cardenas, 916 Lomo Street
Mr. Roosevelt Miles, Sr., 5516 Diaz Avenue
Mr. Alejandro Guzman, 3517 Cutter Street
Mr. Robert Riojas, 2504 Cravens Road
Mr. Dexter Robertson, 6808 Church Street
Mr. Keith Kozura, 1100 North Bonnie Brae Street, Denton, Texas 76201
Mr. John Kozura, 1100 North Bonnie Brae Street, Denton, Texas 76201
Mr. Julian Torres, 3555 Townsend Drive
Mr. Dale Johnson, President, Texas Poultry Farmers Association, 5212 Trentmen Street, Arlington,
Texas
Mr. Joe Don Brandon, P. O. Box 1155
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. G- 17110, but did not wish to address the Council.
Mr. Jose Ramirez, 304 Harington Avenue
Mr. Brian Hunt, 1946 Wilson Road, Waxahachie, Texas 75165
Mr. Richard Cedillo, 4209 Weber Street
Mr. Maximino Garcia, Jr., 3104 North Nichols Street
Mayor Moncrief and Council Members Burns and Espino stated this item was about making the right
decisions for the City as a whole and added it was impossible to make everyone happy. They pointed
out that all 50 states had taken steps to mitigate these issues. They requested staff provide a report on a
variance process to seek redress on this requirement. They also requested that staff comprise a
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 23 of 46
(G -17110 Continued)
comprehensive noise ordinance to address all types of noise nuisances and to review the City of
Dallas's related ordinances as an example. They expressed appreciation to all who attended the
meeting to provide input during the public process.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. G -17110 be approved and Ordinance No. 19424 -11 -2010
be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
Mayor Moncrief recessed the meeting at 10:08 p.m.
Mayor Moncrief reconvened the meeting at 10:22 p.m. with Council Members Hicks, Zimmerman and
Burns temporarily absent.
C. Purchase of Equipment, Materials, and Services
11 iij
t
1 c
Boards Contract for an Amount of $82,438.44.
The recommendation was that the City Council Authorize the Purchase of Eight (8) V -Box Spreaders
for the Transportation and Public Works Department From Equipment Southwest, Inc., Using Texas
Association of School Boards Contract Number 327 -09 for an Amount of $82,438.44.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. P -11175 be approved. The motion carried
unanimously six (6) ayes, to zero (0) nays, with Council Members Hicks, Zimmerman and
Burns absent.
(Council Member Hicks and Zimmerman returned to their places at the dais.)
D. Land
1. M&C L-15092 - Authorize t o Execution of a Subsurface a re License A ree e t it
Chesapeake Exploration, L.L.C., in the Amount of $42,355.50 for One Subsurface Wellbore
Across Cit y- e r ery Kno n as Cobb Park.
The recommendation was that the City Council Authorize the Execution of a Subsurface Wellbore
License Agreement With Chesapeake Exploration, LLC, for One (1) Subsurface Wellbore Across
City -Owned Property Known as Cobb Park in the Amount of $42,355.50.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 24 of 46
(L -15092 Continued)
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -15092 be approved as amended to have funds in
the amount of $42,355.50 be used only in Cobb Park. The motion carried unanimously
seven (7) ayes, to zero (0) nays, with one (1) abstention by Council Member Jordan and
Council Member Burns absent.
(Council Member Burns returned to his place at the dais.)
2. MSC L -15093 - Authorize the Citv Manager to Execute Leases and Lease Amendments for
rev _y Approved or Executed Leases for Natural Gas Drilling Under City- Owned r eyes
to Add Adioinin2 Acrea2e Uu to ive Acres or Ten Percent More, Wh is ever is Greater.
The recommendation was that the City Council Authorize the City Manager to Execute Leases and
Lease Amendments for Previously Approved Mayor and Council Communications or Administratively
Executed Leases for Natural Gas Drilling Under City -Owned Properties Found to Have Additional
Contiguous Land Area of Five (5) Acres or 10 Percent More, Whichever is Greater.
Mayor Pro tem Scarth and Council Member Jordan advised they had filed Conflict of Interest
Affidavits with the City Secretary's Office and would abstain from voting on this item.
(Mayor Pro tem Scarth left his place at the dais.)
Mr. Ron Gafford, 1829 Heidelberg Drive, President of the Hallmark Park, Camelot, Highland Terrace
Neighborhood Association, appeared before Council in opposition to Mayor and Council
Communication No. L -15093 and expressed concern about commitments that were made by Council
Member Jordan in relation to not leasing of parks for gas drilling in District 6 until the taxpayers (with
mineral rights) had negotiated their leases and are receiving their revenues. He added they did not want
the City of Fort Worth receiving all of the revenues and the taxpayers being left out in the cold. He
also stated that he had concerns about giving the City Manager blanket approval for these leases
without bringing each item before Council. He added this would increase the likelihood that the
commitments made to District 6 would become null and void. He stated that he wanted to verify that
the rest of the Council would stand by the commitments that Council Member Jordan had already
made to District 6.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 25 of 46
(L -15093 Continued)
Council Member Burdette stated that in response to Mr. Gafford's concerns, this item only related to
where the City Council had granted the leases. He added that this allowed City staff to add acreage
that already adjoined the leases without Council approval. He further stated that when the original
leases were approved, the surveys had not been completed and the complete acreage was unknown
until now.
Mr. Rick Trice, Assistant Director, Planning and Development Department, clarified that staff
currently had administrative authority on leases less than five (5) acres. He stated that on the other
parcels that required Council approval, there would be Council deliberation. He further stated that this
would take place after Council deliberation and the leases had been approved and then the lease came
in with another 10 percent, which staff could administratively add to the terms of the lease without
needing to return to Council for approval for one (1) or two (2) additional acres on a unit.
Council Member Jordan clarified that Hallmark Park does not fall under this item and has been placed
on hold and will not be leased until they have visited with the Board of Directors for the Hallmark
Camelot Association.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L -15093 be approved. The motion carried unanimously
seven (7) ayes, to zero (0) nays, with two (2) abstentions by Mayor Pro tem Scarth and
Council Member Jordan.
11��11111 110 11111111
..
MI
amount of $32,697.00 for a Two-Year Primary Term.
1;
The recommendation was that the City Council Ratify a Lease Agreement With Chesapeake
Exploration, LLC, for Natural Gas Drilling Under City -Owned Property Known as 11310 South
Freeway (10.899 Acres, More or Less) in the Amount of $32,697.00 for a Two (2) Year Primary Term.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. L -15094 be approved. The motion carried
unanimously seven (7) ayes, to zero (0) nays, with one (1) abstention by Council Member
Jordan and Mayor Pro tem Scarth absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 26 of 46
(L-15094 Continued)
Mayor Moncrief clarified the vote on Mayor and Council Communication No. L-15094 and advised
the vote was seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and
with Mayor Pro tem Scarth absent.
(Mayor Pro tem Scarth returned to his place at the dais.)
4. MSC L-15095 - Ap rove the Extension of the Temporary Water L ne Permit Agreement with
Quicksilver Resources $8 943.36 for a Twelve Month Period in the A.C.
, Inc. in the Amount of
Warren Survey, A-1687, and th C. Harmon Survey, A-737, on t e South End of Alliance
Airport.
The recommendation was that the City Council Authorize the Temporary Water Line Permit
Agreement With Quicksilver Resources, Inc., for an Above Ground Temporary Water Line Across
City-Owned Property Known as the Alliance Airport for an Additional 12 Months at a Total Cost of
$8,943.36.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. L-15095 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
Council Member Jordan requested that Mayor and Council Communication Nos. L-15096 and
L-15098 be considered under one motion.
. . ... Betw
Railroad Tracks, een Altatnesa Boulevard and Hallmark Drive West.
The recommendation was that the City Council Authorize the Execution of an Encroachment License
Agreement With Texas Midstream Gas Services, LLC, for a 24-Inch Natural Gas Pipeline Within a
City of Fort Worth Drainage Easement Located Just East of and Adjacent to the Railroad Tracks,
Between Altamesa Boulevard and Hallmark Drive West in the Amount of $46,827.68 for a Term of 20
Years.
Ms. Lisa Genzer, 316 Cotillion Road completed a speaker card in opposition to Mayor and Council
Communication L- 15096, but did not wish to address the City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 27 of 46
�. .
Wpst of Trimble. Drive and North of Sheffield Drive.
The recommendation was that the City Council Authorize the Execution of an Underground Pipeline
License Agreement With Texas Midstream Gas Services, LLC, for a 24 -Inch Natural Gas Pipeline
Across City -Owned Property Situated in the G. Herrera Survey, A -2027 and Located West of Trimble
Drive and North of Sheffield Drive in the Amount of $33,927.41 for a Term of 20 Years.
The following individuals completed speaker cards in opposition to Mayor and Council
Communication L- 15098, but did not wish to address the City Council.
Mr. Steve Epstein, 1617 Steinburg Lane
Ms. Lisa Genzer, 316 Cotillion Road
Mr. Ron Gafford, 1829 Heidelberg Drive
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication Nos. L -15096 and L -15098 be continued until the
December 7, 2010, Council meeting. The motion carried unanimously nine (9) ayes, to zero
(0) nays.
XQ
Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
The recommendation was that the City Council Ratify the Negotiated Lease Agreement With XTO
Energy, Inc., for Natural Gas Drilling Under City -Owned Property Known as River Park (11.531
Acres, 5.7655 Net Mineral Acres, More or Less) in the Amount of $14,413.75 for a Two (2) Year
Primary Term.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. L -15097 be approved. The motion carried
unanimously eight (8) ayes, to zero (0) nays, with one (1) abstention by Mayor Pro tem
Scarth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 28 of 46
E. Planning & Zoning
1. M&C PZ-2914 - Authorize t o City Manager to iti to Rezoni ert i r ernes i
Phase Two of the Northside Neigh orhood in Accordance with the Comprehensive Plan.
The recommendation was that the City Council Authorize the City Manager to Initiate Certain Zoning
Changes in Phase Two of the Northside Neighborhood, From "A -5" One - Family, "B" Two - Family,
"CR ", "C ", "D" Multi- Family, "CF" Community Facilities, "E" Neighborhood Commercial, "FR"
General Commercial Restricted, "F" General Commercial, "I" Light Industrial, and "PD" Planned
Development. Historical Overlays Will Be Retained, to "A -5" One - Family, "B" Two - Family, "CR"
Low Density Multi- Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted,
"E" Neighborhood Commercial, and "FR" General Commercial Restricted. Historical Overlays Will
Be Retained.
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. PZ -2914 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
F. Award of Contract
., , <
Natural Gas Pipelines and a Salt Water Pipeline Across Petty Place, East of FM 156.
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right -
of -Way Use Agreement With Quicksilver Resources, Inc., Granting a License to Construct and
Operate a Natural Gas Pipeline Across Harriett Creek Drive North of Highway 114; a Public Right -of-
Way Use Agreement With Cowtown Pipeline Partners, L.P., Granting a License to Construct and
Operate a Natural Gas Pipeline Across Harriett Creek Drive North of Highway 114; a Public Right -of-
Way Use Agreement With Quicksilver Resources, Inc., Granting a License to Construct and Operate a
Natural Gas Pipeline Across Petty Place, East of FM 156; a Public Right -of -Way Use Agreement With
Cowtown Pipeline Partners, L.P., Granting a License to Construct and Operate a Natural Gas Pipeline
Across Petty Place, East of FM 156; and a Public Right -of -Way Use Agreement With Quicksilver
Resources, Inc., Granting a License to Construct and Operate a Saltwater Pipeline Across Petty Place,
East of FM 156.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C -24575 be approved. The motion carried unanimously
nine (9) ayes, to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 29 of 46
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 30 of 46
(C -24578 Continued)
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right -
of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct
and Operate a Natural Gas Gathering Pipeline Along Risinger Road Near its Intersection With McCart
Avenue Across Cleburne Road and Cunningham Road in the Same Vicinity, for a One (1) Time
License Fee of $258,153.50.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C -24578 be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
lisp MUMMIN'"Ifflum
Southwest Parkway and Granbury Road.
The recommendation was that the City Council authorize the City Manager to Adopt a Resolution
Authorizing the Execution of a Local Project Advance Funding Agreement With the Texas
Department of Transportation (TxDOT) to Conduct Design Review of Dirks Road, Widening From
Two (2) Lanes to Six (6) Lanes Divided From the Eastern Limit of the Future Southwest Parkway to
Granbury Road and Authorize Payment to the TxDOT in the Amount of $83,492.16 to Conduct
Design Review According to the Agreement.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24579 be approved and Resolution No. 3931-
11 -2010 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays.
..
1 , 1
Center for a Period of Five Years.
The recommendation was that the City Council Authorize the City Manager to Enter Into a Contract
With Trinity F &B Services, Inc., to Provide Exclusive Food, Beverage and Alcoholic Beverage
Services at the Will Rogers Memorial Center for a Term of Five (5) Years to Begin on
January 1, 2011, and Expire on December 31, 2015, With Options to Renew for Five (5) Additional
One (1) Year Periods.
Mr. Kirk Slaughter, Director, Public Events Department, appeared before Council and provided a staff
report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 31 of 46
(G -24580 Continued)
Mayor Moncrief advised that the City was working under tight time constraints and explained that the
Council was divided on this issue and was trying to find middle ground. He stated he had met
personally with both sides and that most of the Council Members had relationships with people on both
sides of the issues. He stated a change needed to be made quickly to ensure quality control of services
provided to the citizens and visitors. He pointed out that it was the job of the Council to provide
excellent services so individuals would want to come back to Fort Worth. He stated the Council would
listen carefully to the comments and make the best decision for the City.
Mr. Dan Piotrowski, 1300 Houston Street, appeared before Council in support of Mayor and Council
Communication No. C -24580 and stated that Trinity F &B Service, Inc., looked forward to providing
exclusive concessions and catering services at Will Rogers Memorial Center. He added that they have
provided quality food and beverage services at the Omni Hotel and been good neighbors in the
community. He stated that Trinity F &B Service, Inc. would continue their high level of commitment to
the City.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. C -24580 and stated that an exclusive catering services agreement was shutting
down the free enterprise system in the City. They stated that the smaller catering services and
restaurants in the City had provided quality authentic specialty cuisine for many years. They stated the
high priced packages offered by Trinity F &B Service, Inc., would turn away many customers that
could not afford to pay those prices. They also stated that smaller events would look elsewhere to hold
their events where they could get more for their money. They pointed out that many customers
requested specific authentic cuisine for their events and had long time relationships with local vendors
and would not purchase generic hotel food, nor could they afford to. They stated that the advertisement
for bid in the newspaper did not not state the plan for exclusive rights to catering, the advertisement
stated "related catering" thus did not command much attention from the public.
Mr. Tom Walker, 4100 Harlanwood Drive
Mr. Garey Gilley, 2924 Alton Road
Mr. Bob Jameson, 6705 Meadows West Drive
Mr. Mike Micallef, 4800 Bryant Irvin Court
Mr. Melvin Morgan, 2314 Azle Avenue
Mr. Jim Riscky, 2314 Azle Avenue
Mr. Al Micallef, 4800 Bryant Irvin Court
Ms. Lyn Walsh, P. O. Box 126038
Ms. Brenda McCollum, 6933 Overhill Road
Ms. Cindi Creswell, 3663 Brookland Avenue
Mr. Jerrell Coburn, 5010 W. J. Boaz Road
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 32 of 46
(G -24580 Continued)
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. C- 24580, but did not wish to address the City Council.
Ms. Mary Lou Hernandez - Pulidos, 4924 Old Benbrook Road
Ms. Carol Godbey, 500 Throckmorton #3005
Mr. Gary Gilley, 6812 Mosswood Court
Mayor Pro tem Scarth and Council Members Jordan, Moss, Zimmerman and Espino stated they would
not support this item and pointed out that this was a policy issue and was not a reflection on Trinity
F &B Services, Inc., or the Omni Hotel. They stated that they felt staff had done a good job but there
was a problem at hand that went beyond concessions. They stated this contract was a problem for the
catering services providers as well as the smaller organizations that hold functions that would
potentially be priced out by this contract.
Council Member Burdette stated the point of this enterprise was to make money for the City and
advised that he thought the business plan made sense and was making the right choices and the right
decisions. He stated that Trinity F &B Service, Inc., and the Omni Hotel had proven themselves and
pointed out that the contract could be terminated if it did not work out.
Mayor Moncrief stated the Council and public would have more opportunity to visit about this issue
once staff has another recommendation.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C -24580 be denied and staff would bring back a list of
recommendations based on the Council discussion.
Council Member Jordan made a friendly amendment to the motion: that Mayor and Council
Communication No. C -24580 be denied, all bids would be rejected and staff would bring back a list of
recommendations based on the Council discussion.
Council Members Hicks and Council Member Espino accepted the friendly amendment.
The motion carried eight (8) ayes, to one (1) nay, with Council Member Burdette casting the dissenting
vote.
(Council Member Espino left his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 33 of 46
1 ,
2011 in an Amount Up to 75,
The recommendation was that the City Council Authorize the City Manager to Execute an Interlocal
Agreement With Fort Worth Independent School District ( FWISD) for the City to Provide a School
Attendance Court to Adjudicate FWISD Truancy Cases; and Authorize the City Manager to Accept
Reimbursement From the FWISD in an Amount Up to $675,536.00 for Personnel and Other Costs
Related to the Operation of the School Attendance Court in Fiscal Year 2010 -2011 in an Amount Up
to $675,536.00.
Council Member Moss advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C -24581 be approved. The motion carried
unanimously seven (7) ayes, to zero (0) nays, with one (1) abstention by Council Member
Moss and Council Member Espino absent.
(Council Member Espino returned to his place at the dais.)
8. MSC C -24582 - Authorize a Contract in the Amount of $281,625.00 with Apeck
Construction,lnc., for te Lake Worth Hazard Stump Removal Project, Author ze t e Transfer
of $307,027.00 from Lake Worth Capital Improvement Fund (Gas Wells} to the Lake Worth
Trust Fund and Adopt Appropria tl r l a ces.
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Lake Worth Capital Improvement Fund (Gas Wells) in
the Amount of $307,027.00 From Available Funds, For the Purpose of Transferring Said Funds to the
Lake Worth Trust Fund; Authorize the Transfer From the Lake Worth Capital Improvement Fund (Gas
Wells) to the Lake Worth Trust Fund; Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Lake Worth Trust Fund in the Amount of $307,027.00 From
Available Funds for the Purpose of Funding the Lake Worth Hazard Stump Removal Project;
and Authorize the City Manager to Execute a Contract With Apeck Construction, Inc., in the Amount
of $281,625.00.
Mr. Joe Waller, 2533 Castle Circle, appeared before Council in support of Mayor and Council
Communication No. C -24582 and stated this project was consistent with the reclamation of Lake
Worth and would benefit all citizens of Fort Worth. He also referenced the proposed Boat Dock
Ordinance and expressed appreciation to City staff for the work on the ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 34 of 46
(G -24582 Continued)
Council Member Burdette advised that this item involved the removal of tree stumps that had been in
the lake since the lake was dug in 1914. He stated removal of the stumps would allow the lake to be
dredged to make it deeper and more usable.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C -24582 be approved and Appropriation Ordinance Nos.
19425 -11 -2010 and 19426 -11 -2010 be adopted with appreciation to the Water Department
staff. The motion carried unanimously nine (9) ayes, to zero (0) nays.
9. MSC C -24583 - Authorize the Execution of Amendment No 2 in the Amount of $506,22 00
to ity Secretary Con tract No. 38652 with TranSIstems Corporatio Consultan is r ary's
Creek Water Recycling Center Site Selection.
The recommendation was that the City Council Authorize the City Manager to Execute Amendment
No. 2 in the Amount of $506,228.00 to City Secretary Contract No. 38652 With TranSystems
Corporation Consultants for Mary's Creek Water Recycling Center Site Selection, Thereby Increasing
the Amount of the Contract From $294,907.00 to $801,135.00.
The following individuals appeared before Council in support of Mayor and Council Communication
No. C -24583 and stated they were pleased that the City had decided that sites two (2) and four (4) were
not favorable for the proposed Mary's Creek Water Treatment Facility. They requested safeguards be
put in place to prevent flooding, run -off drainage and erosion. They also referenced the hazardous
effects of water treatment facilities on soil and the water supply due to seepage and evaporation.
Ms. Judy Williams, 9815 Shady Lane (displayed photographs of her property detailing erosion and
drainage issues)
Ms. Amy Reed, President, Alemeda Street Neighborhood Association, 3520 Alemeda Street
Mayor Moncrief reiterated that site 10 was still a viable option and the Council is still considering all
three (3) sites and no final decisions have been made on which sites to include or exclude.
Mr. Don Sabo, 3816 Carman Drive, Benbrook, Texas 76116
Ms. Cindi Creswell, 3663 Brookland Avenue (displayed excerpts from various years of the
Comprehensive Plans) and spoke about the issue to her was finding the truth. She indicated all citizens
will be paying for this project down the road. She expressed her concern that a final decision on the
location had not really been made. She also expressed concerns with being held up with open record
requests and what they have been allowed to see. She talked about $25,000,000.00 the City had already
spent on this project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 35 of 46
(C -24583 Continued)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. C -24583 be approved. The motion carried
unanimously nine (9) ayes, to zero (0) nays.
c c
and Improvements, Part 4, on Wilmington Drive, Ridglea Lane and Rowan Drive
Appropriation
The recommendation was that the City Council Authorize the Transfer of $1,476,386.00 From the
Water and Sewer 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 $1,476,386.00 From Available Funds, for the Purpose of Funding Clear Fork Drainage
Basin Sanitary Sewer Rehabilitation and Improvements, Part 4, Consisting of Wilmington Drive From
Littlepage Street to Wilmington Court; Ridglea Lane From Vickery Boulevard to Westridge Lane; and
Rowan Drive From Clayton Road to Gammer Drive; and Authorize the City Manager to Execute a
Contract With Conatser Construction TX, LP, in the Amount of $1,386,783.00.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. C -24584 be approved and Appropriation
Ordinance No. 19427 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes,
to zero (0) nays.
XIV. ZONING HEARING
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official
newspaper of the City of Fort Worth, on October 22, 2010.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
,,;, ........, .......; ........:
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site plan waiver reguested. (Recommended for 1 1
Denial
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 36 of 46
(ZC -10 -087 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 37 of 46
(ZC -10 -108 Continued)
(Council Member Espino left his place at the dais.)
Mr. Leslie Brummett, 3128 Cockrell Avenue (provided 376 signatures in support)
Mr. Garhett Gordon, 3237 Cockrell Avenue
Mr. Andrew Thornton, 5029 Lincoln Oaks Drive South, Apartment 1403
(Council Member Espino returned to his place at the dais.)
The following individuals appeared before Council in opposition to Zoning Docket No. ZC -10 -108 and
stated that this parking lot was not consistent with the comprehensive zoning ordinance. They stated
that the restaurant was too noisy, caused traffic and parking congestion, was responsible for alcohol
related fighting, crime and loitering, as well as, increased litter and trash in the area. They stated that
the commercial uses were encroaching on the residential area which was unacceptable. They also
pointed out that temporary ramps and fill dirt were being used to allow vehicles to enter the unpaved
lots, which was a code violation. They stated the owners removed the ramps during the day to avoid
receiving citations from the Code Enforcement Officers that patrol the area. They requested Council
deny this item and enforce the rules already in place.
Mr. Michael Banta, 3209 Greene Avenue (provided aerial map, protest area map, staff report from
Zoning Commission Meeting, and photographs detailing the temporary ramps and fill dirt entering the
parking lot)
Mr. John Davis, 3216 Rogers Avenue
The following individuals completed speaker cards in opposition to Zoning Docket No. ZC -10 -108,
but did not wish to address the City Council.
Mr. Greg Fawcett, 3300 Park Ridge Boulevard
Ms. Sally Harris, 3430 Worth Hills Drive
Mr. Frank Quattrochi, 3253 Waits Avenue
Ms. Judy Quattrochi, 3253 Waits Avenue
Ms. Cecilia DeVijlder, 3245 Waits Avenue
Mr. Norbert Walter, 3257 Waits Avenue
Ms. Ellen Marullo, 3038 Willing Avenue
Ms. Teresa Woods, 1214 Hawthorne Avenue
Mr. Steve Epstein, 1617 Steinburg Lane
Council Member Burns advised that he had received hundreds of emails in support of and
opposition to this item and added that feelings were split equally. He stated this request was
inconsistent with the comprehensive plan and would allow commercial encroachment into residential
areas, which he did not support. He advised that he could not please everyone and could not support
this item. He encouraged the owners of Old Rip's to work with the neighbors to develop a good
working relationship and search for an appropriate compromise.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 38 of 46
(ZC-10-108 Continued)
Mayor Pro tem Scarth and Council Member Burdette clarified that denying this item would actually
place more cars on the street and increase the neighbors' parking issues.
Mayor Moncrief stated the temporary ramps were a safety issue and a code violation and needed to be
corrected immediately. He stated the Police Department and Code Compliance Department would be
enforcing the rules.
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-10-108 be denied without prejudice. The motion carried eight (8) ayes to
one (1) nay, with Council Member Burdette casting the dissenting vote.
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..................... !�� . ................
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning
Docket No. ZC-10-120 be continued until the January 4, 2011, Council meeting. The
motion carried unanimously nine (9) ayes to zero (0) nays.
Commercial, and "F" General Commercial to: "A-5" One-Familv. (Recommended
Mr. Richard Payne, 5751 Kroger Drive, Keller, Texas 76244, completed a speaker card in support of
Zoning Docket No. ZC-10-145, but did not wish to address the City Council.
Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-10-145 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
Nei2hborhood Commercial, "FR" General Commercial Restricted, "NS/T51" Near
Southside/Urban Center to: "G" Intensive Commercial. (Recommended for Approval)
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 39 of 46
(ZC-10-146 Continued)
Mr. Barry Hudson, 550 Bailey Avenue, Suite 400, completed a speaker card in support of Zoning
Docket No. ZC-10-146, but did not wish to address the City Council.
Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC- 10- 146 be approved. The motion carried unanimously eight (8) ayes
to zero (0) nays, with one (1) abstention by Council Member Jordan.
.....................................
Approval)
Mr. Barry Hudson, 550 Bailey Avenue, Suite 400, completed a speaker card in support of Zoning
Docket No. ZC-10-147, but did not wish to address the City Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-10-147 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC-10-148 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
111 IN � Ili
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..... ..... ...........
Eastern Red Cedar to be installed as rovide n e'site'plan)
Mr. Jeff Linder, 4113 Duncan Way, completed a speaker card in support of Zoning Docket No. SP -10-
006, but did not wish to address the City Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that
Zoning Docket No. SP-10-006 be approved as amended for an eight (8) foot tall Eastern
Red Cedar fence to be installed as provided on the site plan. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 40 of 46
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 41 of 46
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -152 be approved with appreciation to the Sylvan Heights West
Neighborhood association and the Planning and Development Department staff. The
motion carried unanimously nine (9) ayes to zero (0) nays.
14. Zoning Rocket No. ZC- 10-153 - Fort Worth Transportation Authority, 10135 North Freeway
-35 ); _from: "AG" A ric t ra to: "FR" General ercia l Restricted. Recommended for
ADDrovall
Mr. Craig Schellbach, 500 West 7th Street, Suite 1100, completed a speaker card in support of Zoning
Docket No. ZC -10 -153, but did not wish to address the City Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -153 be approved. The motion carried unanimously nine (9) ayes to zero
(0) nays.
City Secretary Hendrix advised that Zoning Docket Nos. ZC -10 -154, ZC -10 -155, ZC -10 -156, ZC -10-
157, ZC -10 -158, ZC -10 -159, ZC -10 -160, ZC -10 -161, ZC -10 -162, ZC -10 -163, ZC -10 -164, ZC -10 -165,
ZC -10 -166 and ZC -10 -167 would be considered under one motion.
1,11111111i .* 1
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 42 of 46
.............
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(Recommended for Approval)
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Zoning
Docket Nos. ZC-10-154, ZC-10-155, ZC-10-156, ZC-10-157, ZC-10-158, ZC-10-159, ZC-
10-160, ZC-10-161, ZC-10-162, ZC-10-163, ZC-10-164, ZC-10-165, ZC-10-166 and ZC-
10-167 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 43 of 46
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 44 of 46
(ZC -10 -174 Continued)
An ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896,
as amended, codified as Appendix "A" of the Code of the City of Fort Worth, by Amending: Article 2
"Off- Street Parking and Loading" of Chapter 6, "Development Standards "; to add a new section,
Section 6.204, 'Bicycle Parking "; to amend Chapter 9, "Definitions'; to add definitions for 'Bicycle
Parking Spaces" and "Bicycle Rack ".
There being no one else present desiring to be heard in connection with the Text Amendment, Council
Member Burns made a motion, seconded by Council Member Hicks, that the Zoning Hearing be
closed, and Zoning Docket No. ZC -10 -174 be approved, and the following ordinance be adopted:
ORDINANCE NO. 19428 -07 -2010
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH, BY AMENDING: ARTICLE 2 "OFF- STREET PARKING AND
LOADING' OF CHAPTER 6, "DEVELOPMENT STANDARDS "; TO ADD A NEW SECTION,
SECTION 6.204, "BICYCLE PARKING'; TO AMEND CHAPTER 9, 'DEFINITIONS'; TO ADD
DEFINITIONS FOR "BICYCLE PARKING SPACES" AND 'BICYCLE RACK ".
The motion carried unanimously nine (9) ayes to zero (0) nays.
(Recommended for Approval)
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC -10 -175 be approved as amended for "C" Multi- Family. The motion carried
unanimously nine (9) ayes to zero (0) nays.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by
Council Member Jordan, that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 45 of 46
ORDINANCE NO. 19429 -11 -2010
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 9, 2010
PAGE 46 of 46
(Other Citizen Presentations Continued)
Council Member Moss directed Ms. James to provide the petition to Ms. Burghdoff for review
Mayor Moncrief advised that Ms. Opal Lee, 3000 Galvez Avenue, requested an announcement be
made regarding an invitation to visit the Community Food Bank on February 6, 2011.
The following individuals completed citizen presentation cards and were recognized by Mayor
Moncrief, but were not present in the Council Chamber or did not wish to address the City Council.
Mr. Robert Ryan, 6233 Malvey Avenue
Mr. Alonzon Aguilar, 3725 Stuart Drive
Ms. Sanja Bogdanovic, 209 West 2nd Street #191
Ms. Judy Williams, 9815 Shady Lane
XVH. ADJOURNMENT
There being no further business the meeting was adjourned at 12:57 a.m., on Wednesday,
November 10, 2010, in support of Mr. Michael Batts, who was critically injured in a car accident on
his way to sing in the choir at the Paschal High School Anniversary Celebration and also in memory of
Ms. Frances A. Jackson, age 63, who lost her battle with cancer November 8, 2010. Ms. Jackson was
an active volunteer in the City and worked as a Citizen on Patrol Code Blue Coordinator with the City.
These minutes approved by the Fort Worth City Council on the 16`x' day of November, 2010.
Attest:
ry
Marty He ix
City Secretary
Approved: