HomeMy WebLinkAbout2009/02/17-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Joel Burns, District 9
Staff Members Present
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 10:11 a.m. on Tuesday, February 17, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
H.INVOCATION m Chaplain Mitch Felder,F®rt Worth Police Department
The invocation was provided by Chaplain Mitch Felder, Fort Worth Police Department.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 10 2009
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the
minutes of the regular meeting of February 10, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 2 of 21
V. SPECIAL PRESENTATIONS, NTRODUC
1.Presentation by Frie ds of the Fort Worth Public racy
Ms. Gleniece Robinson, Director, Library Department, and Ms. Bunny Gardner, Friends of the Fort
Worth Public Library, presented a check in the amount of $23,000.00 to Assistant City
Attorney Charles Daniels, to pay for half of the cost for a new Library book-mobile.
Mayor Moncrief and Council Members Burdette and Jordan expressed appreciation to the Friends of
the Fort Worth Public Library for the donation and for the hard work the organization had done for the
Library.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming nd Recent Events
Council Member Burns announced that the Regional Transportation Council and the North Central
Texas Council of Governments would be holding public hearings regarding Tower 55 at 12:00 noon
and 6:30 p.m. on February 18, 2009, at the Fort Worth Intermodal Transportation Center, 1001 Jones
Street. He added that an Open House would be held from 5:30 p.m. to 6:30 p.m. as well. He
also announced that a ribbon cutting ceremony for the Early Childhood Resource Center would be held
at 9:30 a.m. on February 20, 2009, at the Worth Heights Community Center, 3551 New York Avenue,
in the Stop Six Neighborhood. He encouraged anyone with questions to call the District 9 office at
(817) 392-8809. He advised that the dedication for the Chuck Silcox Animal Care and Control Center
would be held on February 21, 2009, at 10:00 a.m. at 4900 Martin Street. Council Member Bums also
announced that he was selected as the Grand Poobah for the Ryan Place Mardi Gras Parade to be held
on February 21, 2009, at 12:00 noon at Ryan Place Triangle Park, 3001 5th Avenue. He invited
everyone to attend the events.
Council Member Jordan announced that he attended the 32nd Annual Davey O'Brien Awards dinner
on February 16, 2009. He recognized Ms. Taylor Breen of South Hills High School as recipient of the
Davey O'Brien High School Scholarship Award, Mr. Joe Thiesmann, former National Football League
quarterback, as recipient of the Davey O'Brien Legends Award, and Mr. Sam Bradford of the
University of Oklahoma as recipient of the Davey O'Brien National Quarterback Award.
Council Member Moss invited everyone to attend the dedication of the Chuck Silcox Animal Care and
Control Center and the grand opening of a new 3,800-square-foot spay/neuter clinic. He added that
residents were encouraged to bring their pets and participate in an owner/dog look-alike contest.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 3 of 21
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
He stated that the celebration would be held on February 21, 2009, from 10:00 a.m. to 12:00 noon at
4900 Martin Street. He advised that Fort Worth's Animal Care and Control Center had been renamed
to honor District 3 Council Member Chuck Silcox's commitment to the humane treatment of pets,
including his promotion of responsible pet ownership and support for a new spay/neuter clinic to
reduce the number of unwanted dogs and cats. He stated that to mark the center's dedication, the city
would offer pet adoptions at half price following the ceremony. Council Member Moss added that
animals adopted from the facility from 12:00 noon to 5:00 p.m. on the day of the dedication would be
half price, which was $25.00 for cats and $35.00 for dogs. He advised that prospective adopters would
be able to leave the center that day with their pets vaccinated, licensed and spayed or neutered. He
pointed out that with the opening of the City's new spay/neuter clinic, all pets adopted from the Chuck
Silcox Animal Care and Control Center would be sterilized before new owners could take them
home. He further stated that owners reclaiming unsterilized pets from the shelter could have their pets
spayed or neutered.
Mayor Pro tem Hicks expressed appreciation to City staff and citizens for their efforts with the Rolling
Hills Neighborhood Summit on Drilling held on February 12, 2009. She announced that the City of
Fort Worth's Annual African-American Breakfast would be held on February 19, 2009, at 7:30 a.m. at
BK's Creative Catering, 275 University Drive. She advised that Evans and Rosedale Area briefing on
the proposed design guidelines, a presentation of the prototype home plans for the surrounding
community and an update on the Hazel Harvey Peace Center for Neighborhoods building would be
held on February 23, 2009, from 6:00 p.m. to 8:00 p.m. at the Southside Community Center, 959 East
Rosedale. She encouraged those with questions or concerns to contact the District 8 office at (817)
392-8808. Mayor Pro tem Hicks also recognized Mr. Larry Hemphill, a developer for the Evans and
Rosedale area. She expressed appreciation to Mr. Hemphill for all of the hard work he had put into
revitalizing the area.
Council Member Burdette announced that the Fort Worth Police Department Forum would be held on
February 24, 2009, at 7:00 p.m. at Brewer High School, 1025 West Loop 820 South. He invited
residents of the west and northwest area of Fort Worth to attend.
Council Member Espino expressed appreciation to Ms. Jean McClung, Fort Worth Independent School
District School Board Trustee, for inviting him to the Fort Worth ISD Truancy Intervention Program.
He advised that every week the program mailed out letters to parents of school children who had been
truant. He stated that truancy was the number one indicator of high school dropouts and expressed
concern regarding the amount of elementary school children that had been truant. He added that he
had been given a tour of the Fort Worth ISD Attendance Court on February 13, 2009, to witness how
Fort Worth handled truancy cases. He pointed out that the dropout rate was rising and with Fort Worth
programs such as Project Prevail, countless business and community leaders were working hard to
reduce the numbers. Council Member Espino announced that he had attended the 1st Annual Legacy
of Men Breakfast on February 17, 2009.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 4 of 21
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
He stated that the breakfast was held to address the issue of domestic violence in Fort Worth. He
advised that according to the Fort Worth's Police Department statistics, 40 percent of aggravated
assault cases reported as of February 13, 2009, were a direct result of domestic violence. He expressed
appreciation to the men who were taking ownership of the issue of domestic violence, and to First
Lady of Fort Worth, Rosie Moncrief, Police Chief Halstead and his wife, and Safe Haven to help end
domestic violence through safety, support, prevention and social change.
Mayor Moncrief advised that Chief Halstead was preparing a new initiative to address the issue
of domestic violence in Fort Worth. He stated that it was not an easy topic, but one that needed to be
addressed quickly because it destroyed the lives of people physically, emotionally and mentally.
2.Recognition of Citizens
There were no citizens recognized.
VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items continued or withdrawn by staff.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Chan2es in Membersh Boards and ss s
There were no changes in membership on Boards and Commissions.
X.PRESENTATIONS AND/OR 'A S FROM BOARDS, COMMISSIONS
AND/OR COMMITTEES
There were no presentations and/or communications from Boards, Commissions and/or City Council
Committees.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 5 of 21
XI. CONSENT AGENDA
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved as follows. The motion carried unanimously eight (8)
ayes to zero (0) nays.
C. Land - Consent Items
1.M&C L-14717 - Authorizing the Acceptance of a Donation of 2.634 Acres of Land in North
Fort Worth for AIL Investment, L.P., for Construction of Alliance Town Center Boulevard at
No Cost to the City for DOE No. 6047; and Authorizing the Acceptance and Recording of
Appropriate Instruments.
2.M&C L-14718 - Approving the Acquisition of One (1) Right-of-Way Easement and One (1)
Temporary Construction Easement from Bobby J. and Shawna Brown at 4062 Keller Hicks
Road, Located in North Fort Worth, for the Widening of Keller Hicks Road; Finding that the
Price Offered in the Amount of$15,500.00, Plus an Estimated Closing Cost of$3,000.00, is Just
Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments.
E. Award of Contract - Consent Items
1.M&C C-23341 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $64,300.00 to City Secretary Contract No. 35439 with Neel-Schaffer, Inc., to Provide
Additional Engineering Services and Plan Preparation for Storm Water Utility Project —
Academy Boulevard Culvert Improvements and Grassland Court Drainage Improvements
Project,thereby Revising the Total Contract Amount to $141,690.00.
2.M&C C-23342 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of$13,308.00 to City Secretary Contract No. 35551 with Dannenbaum Engineering Corporation,
for the Linda Lane Drainage Improvements, Dottie Lynn Parkway Culvert Improvements and
Oakridge Terrace Drainage Improvements, thereby Revising the Total Contract Cost to
$130,047.00.
3.M&C C-23343 - Authorizing the City Manager to Sign the Application Waiver for the
Juvenile Accountability Block Grant from the State of Texas, Office of the Governor, Criminal
Justice Division, in the Amount of $26,522.28 to Waive the Grant Funds to Tarrant County,
Texas, Acting by and through Tarrant County Juvenile Services, the Juvenile Probation
Department of Tarrant County, Tarrant County Juvenile Services for Fiscal Year 2009.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 6 of 21
(XI. CONSENT AGENDA Continued)
4.M&C C-23344 - Authorizing the City Manager to Execute a Contract with Tiburon, Inc., for
a Version Management Software Program, VPS, Software Upgrade to the Tiburon Automated
Records Management System to Replace the Reporting Management System Version 7.4.1 with
Version 7.5x, an Upgrade to the Police Department's Mobile Data Computers for an Estimated
Cost of$33,060.00; and Authorizing the Payment to be Made in Two (2) Separate Payments with
50 Percent being Paid Upon Execution of the Contract and the Remaining 50 Percent Upon
Completion of the Contract.
5.M&C C-23345 - Authorizing the City Manager to Adopt Supplemental Appropriation
Ordinance No. 18477-02-2009 Increasing Appropriations in the General Fund in the Amount of
$38,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount, for the Purpose of Amending City Secretary Contract No. 38021 with NashWest, LLC,
for Staff Augmentation to Reconcile the Municipal Court Services Financial Accounts; and
Executing an Amendment to the Contract to Increase the Total Projected Compensation to
$165,727.60.
6.M&C C-23346 - Authorizing the City Manager to Execute Amendment No. 3 to Provide One
(1) Additional Five-Year Option to City Secretary Contract No. 11628, as Amended and
Assigned, with John J. Janovetz, d/b/a Lone Star Aero, for Lease Site 50S at Fort Worth
Meacham International Airport.
7.M&C C-23347 - Authorizing the City Manager to Authorize Amendment No. 2 to Provide
Two (2) Five-Year Renewal Options to City Secretary Contract No. 13160, as Amended and
Assigned, with Zia Capital, Inc., for Hangar 10S-A, and the Deletion of 5,370 Square Feet of
Grass Land at Fort Worth Meacham International Airport.
8.M&C C-23348 - Adopting Appropriation Ordinance No. 18478-02-2009 Increasing Estimated
Receipts and Appropriations in the Lake Worth Trust Fund by $45,000.01 from Gas Well
Revenues for the Purpose of Authorizing the Transfer of said Funds to the Water and Sewer
Fund for Funding Additional Work Associated with the Lake Worth Maintenance Dredging
Project; Authorizing the Transfer of$45,000.01 from the Lake Worth Trust Fund to the Water
and Sewer Fund; Adopting Appropriation Ordinance No. 18479-02-2009 Increasing Estimated
Receipts and Appropriations in the Water and Sewer Fund by $45,000.01 for the Purpose of
Funding Additional Work Associated with the Lake Worth Maintenance Dredging Project; and
Authorizing the City Manager to Execute a Change Order with Dredging Technologies, Inc.
9.M&C C-23349 - Approving the Correction of M&C C-23281 to Correctly Change the
Contractor's Name from AUI Constructors, Inc., to AUI Contractors, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 7 of 21
XII.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.OCS - 1708 - Notice of Claims for Alleged Damages and/or Injuries
XIII.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16471 -Authorize Palment in an Amount Not to Exceed $2,115, 22.2 for the City of
Fort Worth's Assessed Pro Rata Allocation of the Tarrant Ar)r)raisal District, Denton County
Appraisal District and Wise County Appraisal District 2009 Budgets for the Months of January
through December 2009.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16471 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
2.MSC G-16472 - Ar)t)rove Discounts for Pet Ador)tion Fees on February 21, 2009, in
Conjunction with the Grand Opening of the Sp ay/Neu ter Clinic and Dedication of the Animal
Care and Control Facility as the Chuck Silcox Animal Care and Control Center.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16472 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
3.MSC G-16473 - Adopt an Ordinance Adoi�ting a Water Main Capacity Charge for a City
Initiated 3 h Water Main in Westpoint oulevard and Walsh Ranc evar st is
$298,858.94 per Million Gallons per Day as the Water Main Capacity Charge; and Establish the
Boundary Area for this Water Main Capacity Charge to b Reviewed bX the Water Department
. ..........
for Assessing an Amount to be Reimbursed to the Fort Worth Water Der)artment.
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. G-16473 be approved and Ordinance No.
18480-02-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays.
4.M&C G-16474 - Hold a Public Hearing Concerning th Renewal of the Lake Arlington Are
as Fort Worth Neighborhood Empowerment Reinvestment Zone No._16-_and Adopt an
Ordinance _REflLwing_and Re-De2jgflA1iRg_A Certain Area in the ity rt Worth as
"Neighborhood Emr)owerment Reinvestment Zone No. 16, City of Fort Worth, Texas," Pursuant
to the Texas Properiy Red eve lopm eta Tax Abatement Act, ax e, a ter 3 12.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 8 of 21
(M&C G-16474 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
Council Member Moss provided a brief history of the zone and stressed the importance of continuing
its positive affect on the area.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that the
public hearing be closed, Mayor and Council Communication No. G-16474 be
approved and Ordinance No. 18481-02-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
5.M&C G-16475 - Conduct a Public Hearing Concerning the Renewal of the Stott Six Area as
Fort Worth Neighborhood er e t Reinvestment Zone No. 17; and Ado t an Ordinance
Renewing and Re-Designating a Certain Area in the City of Fort Worth as "Neighborhood
Empower ent Reinvestment e 7, y r r axes,: rs a to the Texas
_ ro er y Redeveloment a ax Abatement Act, ax Code, Chapter 312.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared
before Council and provided a staff report.
Council Member Moss advised that this was the first NEZ approved in the City and in Texas, and large
investments had been made in the area and that substantial development was occurring now.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 9 of 21
(M&C G-16475 Continued)
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the
public hearing be closed, Mayor and Council Communication No. G-16475 be
approved and Ordinance No. 18482-02-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
E.Planning and Zoning
1.M&C PZ-2815 - Institute and si er the Adoution of an r i a ce Declarin2 Certain
Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort Wortli;
Providin2 for the Annexation an Atmroximatelv 6.5 Acre Tract of Land Located Alon2 Bailev
Boswell Road and Bowman Roberts Road, East of Boat Club Road and South of Park Drive,
Situated in the William Thommon Survey, Abstract Number 1559 and in the G.W. Walters
Survey, Abstract 1696, Situated about 9.7 West of the Courthouse,
Tarrant Countv, Texas (Case No. AX-09-001) is said errit ry Lies Adjacent t and Adjoins
the Present Corporate Boundary Limits of Fort Worth, Texas; Providing that the Territory
Annexed shall e r its Pro Rata Part of Taxes-Providing that e Inhabitants thereof Shall have
all e Privileges of all e Citizens of Fort r , exas.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. PZ-2815 be approved and Ordinance No.
18483-02-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays.
F.Award of Contract
1.M&C C-23350 - Approve e Acceptance of a Lease Agreement for Natural Gas Drillin
Under 3.27 Located in Tarrant y, Texas,
Known as t� y e c Silcox Animal Care and tr Cent c ted at 4900 Martin Street,.,,t
Quicksilver Resources, Inc., for a Two-Year Primary Term.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23350 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 10 of 21
2.M&C C-23351 - Approve a Jo nt Ordinance and Boundar3: Agre ment betweta_Lhe City of
Lake Worth and the City of Fort Worth nd
L__
Authorize the Mayor to Execute the Joint Ordinance and Boundary Agreement.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that
Mayor and Council Communication No. C-23351 be approved and Joint Ordinance No.
18484-02-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays.
3.M&C C-23352 - Find that the Statement Set Forth in the Recitals of the Tax Abatement
Agreement with Lancaster Avenue 11,Ltd., are True and Correct; and Authorize the City
Manner to Enter into the Tax Abatement Amement with Lancaster Avenue 11, Ltd., for t he
Propert3: Located at 4229 and 4233 as Lancaster Avenue in the Oakland Corners
Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone
Tax Ab ate MERLPolicl and Basic Incentives.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor
and Council Communication No. C-23352 be approved with appreciation to the
Housing and Economic Development staff. The motion carried unanimously eight (8)
ayes to zero (0) nays.
4.MSC C-23353 - Authorize the City Manager to ADDIv for and Accent, if Awarded, a Grant
up to $300,000.00 from Frontier Associates, LLC, A istrator for Oncor Electric De five
Companv, LLC, for a Targeted Weatherization Low-Income Program for the Year 2009;.
Authorize the City Manager to Execute, Amend, Extend or e e ecessary tracts in
Accordance with City of Fort Worth Policies and Regulations upon Mutual Agreement with
Frontier Associates,_LLC, Acting on Behalf of Oncor Electric Delivery Company,
Ador)t an Atmrot)riation Ordinance IncreasingEstimated RecelptS and Appr®prlations in the
Grants Fund in the Amount of $300,000.00 Upon Receipt of a Grant from Frontier Associates,
LLC,Adm nistrator for Oncor Electric Defivery Companv, LLC, for the Purpose of Funding the
Targeted Weatherization Low-Income Program.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23353 be approved with appreciation and
Appropriation Ordinance No. 18485-02-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
Mayor Pro tem Hicks expressed appreciation to Mr. Mike Guidon, representing Oncor Electric
Delivery Company, LLC, who was present in the Council Chamber, for providing assistance that
would benefit the entire City of Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 11 of 21
(M&C C-23353 Continued)
Council Member Moss pointed out the value of this program and stated that it was a very critical effort
for those families in need. He stated that 75 additional homes would be added to the program which
would increase the City's ability to serve 200 people in the upcoming year.
5.M&C C-23354 - Authorize the City Manager to Execute a Contract in the Amount of
$465,796.0 with Erosion and Retgjgjnj_��tr ct res, c., r struction of the Lower
Krauss-Baker Channel Improvements.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23354 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
6.M&C C-23355 - Adopt a Resolution Authorizing the Application for an Acceptance of
$225 000 00 in Grant Funds from the Fiscal Year 2009 Criminal Justice Division Grant Funds
and the Ma Ling of Assurances RegR ire q_hy the Criminal Justice Division of the Governor's
Office; Authorize the City Manager to Apply for, Accept, Reiect, Alter, or Terminate, if
Awarded, the Fiscal Year 2009 Transnational Gang Grant from the Office of the Govern
Criminal Justice DivisiopLAuthorize the_City Manager to Designate the Assistant Citv Manager
who Oversees the Police Departm nt as the Authorized Official to Accept, eject or Alter the
Fiscal Year 2009 Transnational Gant Grant After it is Awarded; and Providing Assurance that
Funds will be Returned to the Office of the Governor, Sri minal Justice Division, in Full, i the
Event of Loss or Misuse of Criminal Justice Division Grant Authorize the City' Manager
to Enter into a Contract with the Office of the Governor for the Implemen tats on of the Fiscal
Year 2009 Transnational Gang GranV A uthorize the City Manager to Transfer 540,275.00 from
,
the General Fund to the Grants Fund for the C
Lity's Match of Associated Fringe Benefits Cost;
and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Ammormiations in
the Grants Fund in the Amount of 5265,275.00 Upon_Receipt of the Fiscal Year 2009
Transnational Gang G ant from the Office of the Governor, Crimina stice Division.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23355 be approved and Resolution No. 3712-02-
2009 and Appropriation Ordinance No. 18486-02-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 12 of 21
7.M&C C-23356 - Authorize the Cily Manager to Execute an Engineering Agreement w it
Freese and for the North and South Holly Water
Treatment Plants Oz Pro*ect.
j_
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23356 be approved. The motion carried
unanimously eight(8) 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 January 27, 2009. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
a.Cases Recommended for Approval
1.Zoning Do ket No. ZC-08-190 - El Manantial,LLC 621 Parkdale Avenue; fr m "PD-329"
Planned Deve loment for a Grout) Home 11, a re ate Livm2 Facilitv for Transitional
Housing for Indigent Persons to "B" Two-Family. Site Plan Required.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino,
that Zoning Case No. ZC-08-190 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
2.Zoning Docket No. SP-08-011 - Trinity Park_Inc.,2501 Museum Way, Site Plan to Amend PD-
735 for Supplemental Setbacks, Parking and Fence Regu ire ments.
Motion: Council Member Bums made a motion, seconded by Mayor Pro tem Hicks, that Site
Plan No. SP-08-011 be approved. The motion carried unanimously eight (8) ayes to
zero (0) nays.
3.Zonmp Docket No. ZC-08-202 - Eagle Mountain-Saginaw ISD, 4901 Marine Creek Parkway,
from "IP" Industrial Park to "CF" Communitj Faciliti s.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino,
that Zoning Case No. ZC-08-202 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 13 of 21
4.Zoning Do ket No. ZC-08-203 - C±y2f Fort Worth Housing and conomic Deve lopment,
1200,1204 om "NS-T4R" Near Southside General Urban Restricted to
, 1208 Evans Avenue;
PP- 'DINS-T411" Planned Deve loDment for Medical and Office Uses, Retail Sal s and Service,
Restaurant, Cafe, or Cafeteria Only, and Excluding Alcohol Sales Unless Associated with a
Restaurant; Site Plan Included.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino,
that Zoning Case No. ZC-08-203 be approved with appreciation. The motion carried
unanimously eight(8) ayes to zero (0) nays.
5.Zoning Docket No. ZC-08-204 - City of Fort Worth Planning_and Deve10 ment,9900 10100,
10200 and 10700 Blocks of Trinily Boulevard
,3000 Block of Greenbelt Road, 31 0 Block of Bell
Spur Drive; from "K" Heavy Indu trial and "0-1" Flood lain to "A-5" One-Fami
Council Member Moss expressed appreciation to the Planning and Development Department and the
Cities of Euless, Hurst and Arlington for taking action to correct inappropriate zoning.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette,
that Zoning Case No. ZC-08-204 be approved with appreciation. The motion carried
unanimously eight(8) ayes to zero (0) nays.
6.Zoning Docket No. ZC-08-207 - City of Fort Worth Housing and Economic Developrrient, 725
East Davis Avenue- from "B" TwolFamily to "A-5" One-
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette,
that Zoning Case No. ZC-08-207 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
7.Zoning Docket No. ZC-09-016 - City of Fort Worth Planning_and_Development, Text
Amendment: Comp essor Stations/Fracture Ponds: An Ordinance Amending the
ental Use Standards" to
Amend Section 5.140 "Natural Gas Comr)ressor Stations" to Reflect the Revisions in the as
Drilling Ordinance and Add a New Section 5.144 Entitled "Fresh Water Fracture Pond
Amend Sections 4.603 "Residential District Use Table" and 4.803 "Nonresidential Use Table" of
C 4 "District RtgHlations" m
to Clarify that Lift Copress rs and Gas Drilling and
Lhanter
Production are Permitted in All Zoning Districts and to Permit Line Comt)ressor Facilities and
Fracture Po r 9 "Definitions" to Add
Definitions for Lift and Line Comr)ressors and Fresh Water Fracture Ponds.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 14 of 21
(Zoning Docket No. ZC-09-016 Continued)
The following individuals appeared before Council in opposition of the Text Amendment and
expressed concern with changes to "I" Light Industrial zoning, air pollution, noise, public health and
safety, fresh water fracing, protection of mineral rights, commercial development for the Cooks Lane
area and the differences between line compressors and lift compressors:
Ms. Marti Adkins, 7608 Fox River Court
Ms. Judy Redwine, 7404 Arbor Park Drive
Mr. Jim Ashford, 6209 Riverview Circle
Mr. Grayson Harper, 3605 Bellaire Drive South
Ms. Sally Neasbit, 617 Cooks Lane, also presented petition pages containing signatures of individuals
in opposition.
Mr. Jerry Lobdell, 6336 Darwood Avenue
Mr. Charlie Murphy, 2005 Thomas Place
Mr. Ravi Mehta, 8015 Ederville Circle
Council Member Scarth clarified that Text Amendment was not referring to a compression station near
Cooks Lane. He stated that an application was filed for the Cooks Lane site for a special exception to
place a compression station in a "G" Intensive Commercial zoning. He added that the application went
before the Board of Adjustment and the applicant had withdrawn the application before the hearing,
but because it had already been noticed it had to be listed on the agenda. He further stated that the case
was denied with prejudice, so the applicant would not be able to come back with another application
for two years. He pointed out that the Text Amendment was not about putting compression stations in
all zoning classifications including residential, but only in the industrial zoning areas.
Mayor Moncrief stated that there seemed to be some misconceptions about what the Text Amendment
was referring to. He advised that staff would provide explanation at the end of citizen presentation to
clarify what the Text Amendment was designed to do. He stated that Council was in no rush and
requested that case be moved to the March 3, 2009, Council meeting to allow for more time for public
input.
Mayor Pro tem Hicks and Council Members Jordan, Burdette and Moss stated that they wanted to
ensure that the neighborhoods understood the process because the amendment had not been
communicated effectively, and the idea of the Text Amendment was to correct the Zoning Ordinance
to reflect the recent changes in the City's gas drilling ordinance. They expressed support to move the
hearing to the March 3, 2009, Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 15 of 21
(Zoning Docket No. ZC-09-016 Continued)
Council Member Scarth reiterated that the Text Amendment was not referring to the Cooks Lane
compression station. He clarified that the case was denied with prejudice at a Board of Adjustment
hearing and the applicant also withdrew the application. He stated that there was nothing in the
previous ordinance that would have prevented the applicant from applying for the exception and the
Text Amendment would not change anything in the ordinance to make the process easier for applicants
to request exceptions. He stated that Target had the property for over a year but was unable to close on
it due to the economy and that was the reason why Chesapeake was able to obtain the property. He
stated that there was opportunity for viable commercial development of the area in the future and he
discouraged a compression station site at the location.
Council Member Espino advised that Texas law had a rule of capture that stated the legal maximum of
the rights of the mineral interest owners were dominant over the surface estate. He stated that within
the context of rule of capture, Council and City staff convened two gas drilling task forces that
provided opportunity for public input and debate. He added that Council and its citizens wanted to
find the fair balance to develop the economic benefits of the Barnett Shale while protecting the quality
of life in the neighborhoods. He pointed out that Council was not putting the rights of mineral owners
above any other citizens' rights even though Texas law protected the mineral interest owners. He
stated that Council had been to Austin to request legislative changes on several issues and pointed out
that the ordinance differentiated between lift compressors and line compressors. He added Section 9 of
the ordinance cited that a lift compressor meant a device that raised the pressure of a compressible
fluid gas in order to lift gas from the well, and a line compressor meant a device that raised the
pressure of a compressible fluid gas in order for the gas to be transported through a pipeline.
Council Member Scarth stated that the intent was clear that a lift compressor was a different
and distinct item from a line compressor. He pointed out that the definition of a lift compressor and a
line compressor needed to be clarified. He requested that staff work on a more understandable
definition before the next public hearing.
Ms. Susan Alanis, Director, Planning and Development Department, appeared before Council to
respond to the citizens concerns and comments and clarified the intention of the Text Amendment.
She advised that the current ordinance stated that the land use for a gas manufacturer processing
storage facility was relegated to "K" Heavy Industrial and the proposed ordinance would not change
the zoning. She added that the ordinance clarified that drilling would be allowed in all districts with
supplemental standards and stand-alone fresh water frac ponds would be allowed in "I" Light
Industrial, "J" Medium Industrial, "K" Heavy Industrial and "AG" Agricultural zoning. She pointed
out that lift compressors were smaller and considered well equipment because they were located on the
drilling site, while line compressors could be in place for many years throughout the production of a
well to continue to push gas down the line. She added that line compressors were limited to industrial
zoning and allowed under the current ordinance with special exception in other zoning districts.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 16 of 21
(Zoning Docket No. ZC-09-016 Continued)
She advised that the current ordinance did not make a distinction between the compressor stations, but
the proposed ordinance allowed for line compressor stations in "I", "J", "K" and "AG zoning with
special exceptions clarified in the use table, and lift compressor stations would be allowed in all zoning
districts with supplemental standards. She provided explanation for exemptions and stated that the gas
drilling ordinance would control regulation based on the recommendations from extensive discussion
and public input. She further added that the gas drilling ordinance online was same ordinance adopted
by Council in January 2009, but due to publication procedures, the official copy could not be posted
until the City Secretary's Office received notification that it was published in the Fort Worth Star-
Telegram. She pointed out that gas operators provided the City with the same data sheets provided to
the State, but the state handled the regulation of chemicals used and not the City of Fort Worth.
Council Member Jordan requested that City staff continue to work with the neighborhoods to make
sure that the citizens understand exactly what the Text Amendment proposed. He expressed concern
with ensuring that the lift compressors adjacent to the gas wells were using the same criteria for the
permitting of compressors as the well sites, and requested clarification as to whether the Board of
Adjustment was the approval authority on both wells and lift compressors.
Ms. Alanis stated applicants would submit an application to the City's gas inspection team and the
application would adhere to the supplemental standards use. She advised of the legal remedies for
those stations that did not follow the supplemental standards and clarified that the applicant would not
need to go before the Board of Adjustment for a variance because the stations were allowed in all
zoning districts.
Council Member Jordan inquired if the regulations had gone before the City Zoning Commission
public hearings and what the negative impact would be, if any, by continuing the zoning hearing to the
March 3, 2009, Council meeting. He also requested that staff provide a more detailed presentation at
that time and place information on the City's website that explained the Text Amendment.
Ms. Alanis clarified that there would not be any impact on the permits the City currently had for
consideration. She stated that the inconsistency with the two ordinances the City currently had posed a
challenge in terms of what the attorneys might think for the operators as they looked at the rules the
applicant would have to abide by. She added that staff supported the continuance.
Mayor Pro tem Hicks requested that Ms. Alanis place the pictures of the different compressor stations
on the City's website as well.
Council Member Espino clarified that the lift compressors were restricted to high-impact gas well
drilling pad sites. He explained the applicant process and asked Ms. Alanis to elaborate on the 600-
feet rule.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 17 of 21
(Zoning Docket No. ZC-09-016 Continued)
Ms. Alanis stated that the compressor tanks went through a screening process and the tanks had to be
located at least 600-feet from residential uses and rights-of-way. She advised that fencing, secondary
containment requirements and maximum temporary increases in noise had been established. She
clarified that once a facility had been there longer than six (6) months, it would no longer fall under the
temporary regulations and the sites would have to have more permanent structures placed at the well
site. She further added that the ordinance provided for setbacks and staff would work on a
communication plan to get all of the details out on the website.
Council Member Scarth requested that the additional requirements that have to be met also be placed
on the website.
Council Member Jordan requested that staff include information on the environmental impact of the
compressor stations in proximity to a neighborhood at the March 3, 2009, Council meeting.
Mayor Moncrief stated that if the ordinances were not compatible with each other, they allowed for
quite a bit of latitude to be interpreted the way that best suits the gas and oil companies, and not the
citizens of Fort Worth. He added that the process had been transparent and Council had no problems
with delaying the zoning change.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Zoning
Case No. ZC-09-016 be continued to the March 3, 2009, Council meeting. The motion
carried unanimously eight(8) ayes to zero (0) nays.
b.Cases Recommended for Approval/Denial
1.Zoning Do c e -2 - " orth Plannin2 and eve e , Generaliv
North ast a Street, ast St c a S t itz Avenue and est of East
Loop 820 S.
Recommended for Approval
From PPA-SPP e® a i y, "B" a i y, PP- PP High Densitv ti- a i y, "ER"
PP
Neighbor Neighborh od Commercial Restricted, "ER/HC" Neighb rhood Commercial estricte f ist ric
& Cultural Overlay, PPEPP Neighborhood Commercial, PPE/HC" Neighborhood
Com ercia / 1St ric & Cultural OvELIay, "F" General Comm ercia , a PP PP 1 htIndustrialto
"A-10" One-Family, "A-5" One-Family, "CF" Community Facilities "MU-1" Low Intensity
Mixed Use, and `P1iI[J-1/HCP° Low Intensity Mixed Use/Historic & Cultural Overlay.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 18 of 21
(Zoning Docket No. ZC-08-206 Continued)
Recommended for Denial
3700 NE Loop 820 and 5713 Berry Street; from "F" General Commercial, and "I" Light
Industrial to "MU-1" Low Intensity Mixed Use.
Council Member Moss expressed appreciation to City staff for their hard work. He stated that the
previous zoning was not in compliance with the Comprehensive Plan and the neighborhood was
experiencing negative development as a result of the "B" Two-Family zoning. He added that the area
had been rezoned to "A" One-Family and the Urban Village was included in that rezoning. He stated
that staff had worked with the major commercial property owner to come up with terms to meet the
needs of the neighborhood and the property owner. He advised that the zoning address recommended
for denial needed to be corrected as 3700 SE Loop 820.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Case No. ZC-08-206 for property generally north of Eastland Street, east of Stalcup
Road, south of Fitzhugh Avenue and west of East Loop 820 South from "A-5" One-
Family, "B" Two-Family, "D" High Density Multi-Family, "ER" Neighborhood
Commercial Restricted, "ER/HC" Neighborhood Commercial Restricted/Historic &
Cultural Overlay, "E" Neighborhood Commercial, "E/HC" Neighborhood
Commercial/Historic & Cultural Overlay, "F" General Commercial, and "I" Light
Industrial to "A-10" One-Family, "A-5" One-Family, "CF" Community Facilities "MU-
V Low Intensity Mixed Use, and "MU-1/HC" Low Intensity Mixed Use/Historic &
Cultural Overlay be approved, and property located at 3700 Southeast Loop 820 and
5713 Berry Street from "F" General Commercial and "I" Light Industrial to "MU-1"
Low Intensity Mixed Use be denied without prejudice. The motion carried
unanimously eight(8) ayes to zero (0) nays.
c.Cases Recommended for Denial
1.Zoning Doc e - 7 - James Avers/River District Holdings, L
Foch Street; 2740 Merrimac; 272 Azalea Avenue and 2700 Block Mercedes Avenue; r om
"1 12" Townhouse/Cluster to "MU-I"" - Intensitv Mixed se.
Mr. Leonal Alvarez, Vice-President of the Linwood Neighborhood Association, 2829 Weisenberger,
appeared before Council in support of the denial. He stated that the neighborhood association had met
with the applicant and the applicant did not provide a sufficient plan. He advised that the applicant
wanted increase density and traffic flow in middle of the neighborhood. He requested that Council
deny the zoning change with prejudice.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 19 of 21
(Zoning Docket No. ZC-08-174 Continued)
Mr. Javier Hinojosa, Treasurer of the Linwood Neighborhood Association, 2713 Mercedes Drive,
appeared before Council in support of the denial. He stated that he had worked with former Council
Member Wendy Davis and Mayor Moncrief to restore the Linwood Neighborhood. He requested that
Council deny the zoning change with prejudice.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Case No. ZC-08-174 be continued to the March 24, 2009, Council meeting.
Council Member Espino advised that the Linwood Neighborhood had been hit hard by the tornado and
the residents had been at the forefront for many positive changes in Fort Worth. He stated that it was
important that the City continue to have diverse neighborhoods such as the Linwood Neighborhood.
Mayor Pro tem Hicks stated that since March 24, 2009, was a day Council meeting, the zoning hearing
should take place during a night Council meeting. She offered the following substitute motion:
Motion: Mayor Pro tem Hicks made a substitute motion, seconded by Council Member Burns,
that Zoning Case No. ZC-08-174 be continued to the April 7, 2009, Council meeting.
The motion carried unanimously eight(8) ayes to zero (0) nays.
2.Zoning Docket No. ZC-08-196A - City of Fort Word► Planning & Development, 2941 and 2945
Hemphill Street, from 'F" General Commercial to "A-5" e- a 1l.
Motion: Council Member Burns made a motion, seconded by Council Member Espino,
that Zoning Case No. ZC-08-196A be continued to the March 24, 2009, Council
meeting. The motion carried unanimously eight(8) 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 Burns made a motion, seconded by
Council Member Espino, that the hearing be closed and the following ordinance be adopted:
ORDINANCE NO. 18487-02-2009
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT
WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE
REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND
ALDN FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF
STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND
OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNCIPALITY INTO DISTRICTS AND
THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
The motion carried unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 20 of 21
XV.CITIZEN PRESENTATIONS
Mr. George Barnes, 5300 Helmick, appeared before Council relative to problems with parking and
access at the recent polling location at the Lake Como Area Council Building. He indicated his
preference was to be able to continue to utilize the Como Elementary School as sufficient parking was
available and easily accessible. He added that the City needed to find a solution before the May
Election date.
Mayor Moncrief advised that the City Secretary was working with the Tarrant County Elections
Administrator to find a more suitable polling location.
Council Member Burdette also advised that a viable polling location was being actively sought.
Ms. Geneva Cooper, representing the Northside Pentecostal Church, 2705 Pearl Avenue, appeared
before Council relative to gang and drug activities near and around the church. She provided a letter
with attachments to the Council regarding the number of police reports that had been filed regarding
the incidents at the church.
Council Member Espino requested that Ms. Cooper meet with Assistant City Manager Tom Higgins
and Police Chief Halstead to get assistance with those issues.
XVL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER}
It was the consensus of the City Council that they recess into Executive Session at 12:08 p.m. to:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or
other matters that are exempt from public disclosure under Article X, Section 9 of the Texas
State Bar Rules as authorized by Section 551.071 of the Texas Government Code:
a. Legal issues concerning premature street failures;
b. Legal issues concerning Collective Bargaining with the Fire Union;
c. Legal issues concerning any item listed on today's City Council meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072
of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect
on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of
the Texas Government Code; and
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 17, 2009
PAGE 21 of 21
(XVI. EXECUTIVE SESSION Continued)
4. Deliberate the deployment, or specific occasions for implementation, of security personnel
or devices, in accordance with Section 551.076 of the Texas Government Code.
The City Council reconvened into regular session at 1:30 p.m.
XVII.ADJOURNMENT
There being no further business, the meeting was adjourned at 1:30 p.m.
These minutes approved by the Fort Worth City Council on the 24th day of February, 2009.
Attest: Approved:
Marty He rix Michael J. one
City Secretary Mayor