HomeMy WebLinkAbout2009/03/24-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 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 10:13 a.m. on Tuesday, March 24, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m Pastor Andrew Decker, University U ited Methodist Church
The invocation was provided by Pastor Andrew Decker, University United Methodist Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 10, 2009
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the
minutes of the regular meeting of March 10, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 2 of 16
V. SPECIAL PRESENTATIONS, ,
1.Presentation of Half rice Books Donation Drive
Mr. Jim Thompson, Store Manager, Half Price Books, Bedford, Texas, provided a presentation on the
Annual Half Price Books Half Pint Library Book Drive. He stated that the drive began in 1998 and
more than two million books had been collected for children in need. He added that most of the gently
used books would be taken to pediatric centers, children's hospitals, clinics and community
centers nationwide. Mayor Moncrief presented the first book entitled The Emperor's New Clothes to
kick off the campaign and encouraged everyone to participate. He advised that donation boxes for the
book drive would be placed at various locations within City Hall.
Council Member Scarth added that Half Price Books was also a huge contributor to Score a Goal in the
Classroom. He stated that with their help, Score a Goal had been able to provide thousands of books at
reading festivals around the City. He expressed appreciation for all of the good work that they do.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming a nd Recent Events
Council Member Moss reminded everyone that HIV testing would take place from 12:00 noon to
6:00 p.m., on March 28, 2009, at the JPS Health Center, 3301 Stalcup Road, and April 4, 2009, at the
Como Community Center, 4900 Horne. He added that the City of Arlington would be testing on
April 10, 2009, from 3:00 p.m. to 7:00 p.m., at Bob Cook Park, 2020 Craig Hanking Drive, Arlington,
Texas, the AIDS Outreach Center, 801 West Cannon Street, Tarrant County Public Health Department,
1101 South Main Street, the AIDS Interface, 801 West Magnolia, and the AIDS Outreach Center,
401 Stanford, Arlington, Texas. He added that one hour educational sessions would take place from
8:30 a.m. to 1:30 p.m., at those locations as well. He announced that the Celebration of Life, HIV and
AIDS Awareness Concert would be held on April 11, 2009, from 2:00 p.m. to 6:00 p.m., at the Fort
Worth Convention Center and that recording artists, Mya and Zero, would be performing. He invited
everyone to attend. He recognized Mr. John Reed with the AIDS Outreach Center as being present in
the Council Chamber and expressed appreciation to him for his hard work with the project. He also
expressed appreciation to City staff for their help in receiving the 2009 Cultural Diversity Award,
sponsored by the National Black Caucus, the local representative for the National League of Cities. He
added that the City of Fort Worth was selected as the runner up in the category of above 400,000 large
cities in the United States. He also expressed appreciation to Mr. Eric Fladager, Planning Manager,
Planning and Development Department, and Mr. Kirby Hawkins, representing the Fort
Worth Transportation Authority, for the meeting with Handley Development Corporation held to
discuss transit oriented development in urban villages and Neighborhood Empowerment Zones. He
also announced that a meeting to discuss the economic redevelopment of Miller Avenue between
Berry Street and Highway 287 would be held on March 26, 2009, from 6:00 p.m. to 8:00 p.m., at
Christine C. Moss Elementary School, 4108 Eastland Street. He invited everyone to attend.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 3 of 16
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Espino announced that the Cesar Chavez Committee would hold a march on
April 4, 2009, at 10:00 a.m. beginning in the parking lot of the Cesar Chavez Primary School,
3700 Deen Road, in the Diamond Hills Neighborhood. He added that a rally would take place at
11:00 a.m. and an awards ceremony would take place at 7:00 p.m. at the Trinity River Campus of
Tarrant County College, 300 West Belknap Street. He invited everyone to attend.
Council Member Jordan announced that the Fort Worth South Division of the Fort Worth Police
Department would hold their 14th Annual Family Day Celebration and Health and Safety Crime
Prevention Fair on April 25, 2009, from 10:00 a.m. to 2:00 p.m., at the future ALDI Grocery Store,
7440 McCart Avenue. He invited everyone to attend.
Council Member Burns expressed appreciation to those who attended the South Division Police Forum
held at the La Gran Plaza on March 23, 2009. He recognized Police Chief Jeff Halstead, Assistant
City Manager Tom Higgins, Captain Deborah Pulliam and City staff for being there to address citizens
concerns regarding a possible uptake in crime due to the current economic situation.
Mayor Pro tem Hicks announced that on February 24, 2009, Council was informed that the Ella Mae
Gratts Shamblee Branch Library, formerly known as the Tommy Tucker School, had been accepted to
the National Register of Historic Places. She added that the unveiling of the plaque would take place
on March 25, 2009, at 5:30 p.m. and invited everyone to attend. She also announced the opening of
the Texas Wesleyan University Bookstore, 3101 East Rosedale and the coffee shop, Java Joe's, located
in the Baker Building of Texas Wesleyan, 3021 East Rosedale.
Mayor Moncrief pointed out that appreciation had been expressed to City staff during the previous
announcements for the hard work they do and added that the City of Fort Worth employees should be
as proud of themselves as Council was of them.
2.Recognition of Citizens
The recognition of citizens was included in the Upcoming Events portion of the meeting.
VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Fisseler requested that Mayor and Council Communication No. G-16497 be removed
from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 4 of 16
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication Nos. G-16503 and C-23402
be continued to the April 7, 2009, Council meeting, and Zoning Case No. ZC-08-186, Text
Amendment, be continued to the May 12, 2009, Council meeting.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi on Boards and Commissions
There were no changes in membership on Boards and Commissions.
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,. COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communication from Boards, Commissions and/or City Council
Committees.
XI.RESOLUTIONS
1.A Resolution Appointing Mr. Gregory Than z to Place 4 on the Fort Worth Art Commissi
effective March 24. 2009, and with a term expiring September 30, 2010.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Resolution No. 3719-03-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays.
XII.AN ORDINANCE AMENDING ORDINANCE NO 18448-02-2009, ORDERING A
GENERAL ELECTION BY THE QUALIF ED VOTERS OF THE CITY OF FORT W
TEXAS, N SATURDAY, T E 9TH DAY OF MAY, 2009, FOR T E PURPOSE OF
ELECTING THE MAYOR AND COUNCIL MEMBERS FOR THE CITY OF FORT WORTH
TO AMEND ELECTION DAY POLLING LOCATIONS AND EARLY VOTING LOCATIONS
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Ordinance No. 18511-03-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 5 of 16
XIIL CONSENT AGENDA
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the
Consent Agenda be approved as amended and as follows. The motion carried
unanimously eight(8) ayes to zero (0) nays.
A.General - Consent Items
2.M&C G-16498 - Approving a Six (6) Month Extension of Injury Leave-of-Absence Pay
Benefits in the Amount of $46,198.62 for Police Officer Ricky L. Whaley Beginning
January 13, 2009, through July 13, 2009.
3.M&C G-16499 - Authorizing Payment for the City of Fort Worth's Fiscal Year 2009
Membership with the North Central Texas Regional Certification Agency in the Amount of
$36,180.00.
4.M&C G-16500 - Adopting Appropriation Ordinance No. 18512-03-2009 Increasing Estimated
Receipts and Appropriations in the Municipal Court Technology Fund of the Special Trust Fund
in the Amount of $39,583.75, from Available Funds, for the Purpose of Funding Technical
Enhancements for the Municipal Court Services Department.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-10941 - Authorizing a Purchase Agreement for Asphalt Crack Sealer with Crafco
Texas, Inc., for an Annual Amount up to $84,000.00.
C.Land - Consent Items
1.M&C L-14735 - Approving the Acquisition of One (1) Permanent Right-of-Way Easement
and One (1) Temporary Construction Easement Located in North Fort Worth, Described as
4100 Keller Hicks Road, Jesse Billingsley Survey, Abstract No. 70, Tarrant County, Texas from
Janice and Grover Browning; Finding that the Price Offered in the Amount of$6,270.00, Plus an
Estimated Closing Cost of$3,000.00 is Just Compensation; and Authorizing the Acceptance and
Recording of Appropriate Instruments.
2.M&C L-14736 - Authorizing Fee Acquisition of Right-of-Way Described as a Portion of Tract
12D02G and Tract 12D02H, William McCowan Survey, Abstract No. 999, Fort Worth, Tarrant
County, Texas, from R and D Reynolds, Inc., in the Amount of $9,148.00 for the Widening of
Golden Triangle Boulevard; Finding that the Price Offered in the Amount of $9,148.00 Plus
Estimated Closing Costs of$1,500.00 is Just Compensation; and Authorizing the Acceptance and
Recording of Appropriate Instruments (City Project No. 00140).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 6 of 16
(XHI. CONSENT AGENDA Continued)
3.M&C L-14737 - Approving the Acquisition of One (1) Right-of-Way Easement and One (1)
Temporary Construction Easement Located in North Fort Worth, Described as 4050 Keller
Hicks Road, Jesse Billingsley Survey, Abstract 70, Sicilio Tract, Tarrant County, Texas, from
Lee Sicilio Ltd., Two (2) for the Widening of Keller Hicks Road; Finding that the Price Offered
in the Amount of$17,500.00, Plus an Estimated Closing Cost of$3,000.00, is Just Compensation;
and Authorizing the Acceptance and Recording of Appropriate Instruments.
D.Planning & Zoning - Consent Items - None
E.Award of Contract- Consent Items
1.M&C C-23398 - Adopting Supplemental Appropriation Ordinance No. 18513-03-2009
Increasing Estimated Receipts and Appropriations in the Environmental Management
Operating Fund (R103) in the Amount of$32,123.00, and Decreasing the Unreserved Net Assets
by the Same Amount, for the Purpose of Transferring Said Funds to the Environmental
Management Fund (R101) for a Landfill Permit Modification at the Eastside Landfill;
Approving the Transfer of$32,123.00 in Undesignated Funds in the Environmental Management
Operating Fund to the Environmental Management Project Fund; Adopting Appropriation
Ordinance No. 18514-03-2009 Increasing Estimated Receipts and Appropriations in the
Environmental Management Fund (R101) in the Amount of $32,123.00, from Available Funds,
for the Purpose of Authorizing a Professional Services Contract with Geosyntec Consultants for
a Landfill Permit Modification at the Eastside Landfill; and Authorizing the City Manager to
Execute the Professional Services Agreement.
2.M&C C-23399 - Authorizing the City Manager to Accept a $144,376.00 Loan Star Libraries
Grant for the Fort Worth Public Library from the Texas State Library and Archives
Commission; Authorizing the City Manager to Execute a Grant Agreement with the Texas State
Library and Archives Commission Relating to Such Grant; and Adopting Appropriation
Ordinance No. 18515-03-2009 Increasing Estimated Receipts and Appropriations in the Grants
Fund in the Amount of $144,376.00, Upon Receipt of the Loan Star Libraries Grant from the
Texas State Library and Archives Commission for the Purpose of Making Library Services more
Accessible and Available.
XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1713 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 7 of 16
XV.REPORT OF THE CITY MANAGER
A.Benefit Hearing - None
B.General
1.M&C G-16497 - Approve a Six (6) Month E tension of Injur3: Leve- -A se ce Pa3: Benefits
in the Amount of$35,058.40 for Police Officer Rochone R. Nichols Beginning January 16, 2009,
through Jul3: 16, 2009.
City Manager Fisseler stated that the M&C had been removed from the Consent Agenda to reflect the
correct gender of Officer Nichols in the description section.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16497 be approved as amended. The
motion carried unanimously eight(8) ayes to zero (0) nays.
1.MSC G-16501 - Authorize the City Manager to Accent a $144,376.00 Loan Star Libraries
Grant for the Fort Worth Public Librarl from t Texas State i rary and Archives
Commission; Authorizing the City Manager to Execute a Grant Agreement with the Texas State
Librarl a d Archives issi a atin to Such Grant; and Adopt an Appropriation
Ordinance Increasin2 Estimated Receit)ts and ADDroDriations in the Grants Fund in the Amount
®f_$144,376.00, Upon Receipt of the Loan Star Libraries Grant from the Texas State Librar y and
Archives Commission for the Purr)ose of Ma n2 Library Services more Accessible and
Available.
Motion: Council Member Bums made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G-16501 be approved and Appropriation
Ordinance No. 18516-03-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays.
2.MSC G-16502 - Authorize the City Manner to Authorize an Additional 5869,831.x0 for an
Independe t Audit of the Financial Records of the City o Fort Worth for Fiscal Y nd
Adopt a Surmlemental ADDroDriation Ordinance Increasing Estimated Receir)ts and
Appropriations in the General Fund in the Amount of $1,200,000.00 and DEiMAEiM the
nreserve d and Undesig ate d Fund Balance by the Same Amount for the Purpose of
Authorizing Additional Compensation to be Paid to Deloitte and Touche, LLP, for the Fi cal
Year 2008 Financial Audit.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 8 of 16
(M&C G-16502 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16502 be approved and Supplemental
Appropriation Ordinance No. 18517-03-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
3.It was the Consensus of the Citv Council that Mayor and Council Communication No. G-
16503, Adopt Ordinances Amending the Revised Fiscal Year 2009 Budget by a Total Net
Reduction of $136 412.00 for all Funds to Include Realized Savings or Overages from Vacation
Buy Back Implemented in Fiscal Year 2009 Budget, Be Continued to the April 7, 2009, Council
MgLting.
4.M&C G-16504 - Authorize the Citv Manager to Ex cute an Amendment to the Inter local
Agreement between the Cities of Fort Worth, Dallas and Irving and the D/FW Airport Board of
Directors Dated as of December 21,1998.,to Clarify that the Parties may, by Ag rte ment of the
Parties, Exempt Certain Economic Development Grants made By Irving from Irving's Tax
Revenue Sharin2 Obli2ations under the Inter local AgreemenV
., and Adopt a Resolution
Approving.Execution of an Economic Incentive Agreement between the City of Irving, T xas
and F1i2htSafetv International, Inc., Related to an Economic Development Project within
Irving's Corporate Limits on Dallas/Fort Worth International Airport Property.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G-16504 be approved and Resolution No.
3720-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays.
5.M&C G-16505 - Acct Monetary Donations in the A 2f 5 et S
$2 00.00
.......PUonsorshir)s of
$17,465.00 and in-kind Donations Valued at $23,000.00 from Citizens and Organizations for Use
in the Code Compliance Department, Chuck Si cox Animal are and Control Center for Fiscal
Year 2008.
Council Member Moss reminded everyone to continue to take animals to the Chuck Silcox Animal
Care and Control Center to be spayed and neutered. He also recognized that the shelter was doing well
but with the current economic condition there was still a need for supplies and food.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. G-16505 be approved with appreciation. The motion
carried unanimously eight (8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 9 of 16
6.M&C G-16506 - Conduct a Public Hearing on the Adoption o the Amended Land Use
Assumptions and the Capital Improvements Plan for Water and Wastewater Facilities Relating
to the Possible Amendment and Adoption of Impact Fees; and AdggLan Ordinance Amending
Chapter 35, "Water and Sewers", f the Code of the City f Fort Worth (1986), as Amended, by
Amending Article III "Charges", Division 2 "Water and Wastewater, Impact Fees", Exhibit A,
Incorporated bv Reference into Section 35-70.2(AIL_furthermo re, bv Amending Exhibit B,
Incorporated b3: Re ere nce into Section 35
Incorporated by Reference into Section 35-70.3(A); Further, bv Amendigg Schedule 2,
rence into Section 3
Incorporated by Reference into Section 35-71(A) Further, by Amending Exhibit D
Incorporated by Reference into Section 35-72(A}; Further, b Amending
Incorporated by Reference into Section 35-76JAh Further, by AMgpdinL Exhibit F,
Incorporated by Reference into See
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.BgR2LL2LLjL_aLaff
Ms. Wendy Chi-Babulal, Senior Professional Engineer, Water Department, appeared before Council
and provided a brief overview concerning the amendments to the Land Use Assumptions and
Capital Improvement Plan for the Water and Wastewater Impact Fees.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: There being no one present desiring to be heard in connection with the public hearing,
Council Member Espino made a motion, seconded by Council Member Moss, that the
public hearing be closed, Mayor and Council Communication No. G-16506 be
approved and Ordinance No. 18518-03-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays.
C.Purchase of Equipment, Materials, and Services
1.MSC P-10942 -Authorize a Purchase Agreement with Metro Fire ADparatus Specialists,Inc.,
for Protective Structural Bunker Gear for the Fire Den art ment for an Annual Amount upto
$2812000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 10 of 16
(M&C P-10942 Continued)
Mr. Matthew Butcher, representing Sperium Protective Apparel, 1608 Bassett Hound Drive, Haslet,
Texas, appeared before Council in support of the purchase agreement. He stated that they had worked
with the Fire Department's turnout gear committee on a wear trial for over a year. He added that it
was during the bid process that Sperium was chosen as the gear of choice for the City of Fort Worth.
Mr. Allen Schierenbeck, representing Honeywell Total Fire Group, 1 Innovation Court, Dayton, Ohio,
appeared before Council in opposition of the purchase agreement. He stated that the agreement
violated purchasing guidelines, decreased protection levels for the Fort Worth firefighters,
and increased the overall cost that the City would have to pay. He advised that Honeywell was the
current supplier of gear for the City of Fort Worth and had been for nearly a decade. He pointed out
that Honeywell had won the most recent field test, which was a specification that was bid to contain
protective features from the winning garments from Honeywell. He further stated that Honeywell was
low bid to specification and the only bidder that met the construction, design and performance as
specified. He added that Sperium products did not meet specifications and the bid was thrown out. He
further added that the next lowest bid was from a Sperium dealer and that product also did not meet
specifications but the bid was not thrown out. He stated that since neither of the Sperium bids met
specifications, there could be no legal justification for selecting the more expensive of the non-
compliant products. He requested that Council reconsider the award Honeywell as the lowest
compliant bidder.
Mr. Jack Dale, Purchasing Manager, Purchasing Division for the Financial Management Services
Department, appeared before Council and stated that the Fire Department in conjunction with
Purchasing conducted an extensive evaluation process of the products bid. He added that the testing
process had begun before the bid went out and garments were tested for a year. He advised that proper
purchasing practices were followed and that staff recommended the best evaluated bunker gear at
the lowest price of the bids that met specifications.
Council Member Espino requested clarification as to whether the low bidder was Sperium or Metro
Fire Apparatus Specialists, Inc.
Mr. Dale stated that Sperium had submitted a direct bid as a manufacturer but did not bid the proper
moisture barrier so the bid was rejected. He added that a bid for Sperium gear was bid by Metro Fire
Apparatus and staff recommended that the bid be awarded to them and not Sperium directly.
Council Member Espino stated that he wanted to make sure due diligence was followed before moving
forward with the M&C and asked that voting be delayed for one week to address concerns listed by
Honeywell.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 11 of 16
(M&C P-10942 Continued)
Mayor Moncrief requested clarification from Fire Chief Rudy Jackson regarding the wear trial and
whether or not the firefighters would have the best gear available for their safety and well-being while
protecting the public.
Chief Jackson stated that five vendors competed for the contract and all vendors provided their best
model. He advised that the gear was tested for one year and the gear being proposed was the one
selected by those using the gear during the wear trials. He added that the gear was cheaper and that
research was conducted with other fire departments to ensure that there were no problems with the gear
chosen. He further stated that he was comfortable with the recommendation to approve the purchasing
contract.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. P-10942 be continued to the March 31, 2009,
Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays.
2.M&C P-10943 - Authorize the Purchase of 25 Chevrolet Imt)alas from Caldwell Country
Dealership s for te PoIiKt a rt e t si exas Procurement a Support Services Contract
No 071-A1 for a Total Cost of$478 200 00
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. P-10943 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
D.Land
1.M&C L-14738 - Declare that Negotiations etween the Citv, its Agents a Subagents a the
Landowners to Acquire Approximately a Corr►bined Total of 0.3099 Acre of Land Owned 17y
Pete -eyes and as 5161 Hardv Street, Lots 5 and c 5, Sh e and e er
Company's Addition, a Addition to the City of Fort Worth, Ta rrant Coun , axes, ere
Unsuccessful ec se of the Inabilitv to e r Title Issues; Declare t o Necessity t a e b y
Condemnation the Subject Property for the LeBow Channel Drainage Project; Authorize the
City Att r ey to stit to Condemnation Pr2ittdin s to Ac ire Fee Simple Interest in the
Surface Estate, but Not the Mineral Estat ce and
Recording of ADDroDriate Instruments.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. L-14738 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 12 of 16
E.Planning & Zoning - None
F.Award of Contract
1.M&C C-23400 - Authorize the City Manager to nter into and Execute an Economic
Develoment Program Agreement with Mason Heights, LP, Subiect to Subsequent Non-Material
Changes Agreed to b y the Parties Related to the Development of Retail and Commercial
Proiect at the Southwest Corner of US Highway 287 and East Berry Street; and Find the Terms
and Conditions of the Economic Development Program Agreem nt Constitute a Custom-
Desi2ned Economic Develoment Program as Outlined in the 2008 Comt)rehensive Plan and as
Authorized by Chapter 380 of the Texas Local Government Code.
Mayor Pro tem Hicks stated that this was an exciting moment for southeast Fort Worth, and the
Renaissance Square Project was possibly the biggest project that the City of Fort Worth could see this
year. She gave a brief overview of the project at the old Masonic Home building located at the corner
of Martin Luther King Freeway and East Berry and expressed appreciation to Mayor Moncrief, City
Manager Fisseler, Assistant City Manager Higgins and City staff for meeting with the Masons and
various developers to help rebuild the community and provide positive economic development. She
recognized Ms. Eunice Givens, President of the Highland Hills Neighborhood Association, as being
present in the Council Chamber, and stated that the neighborhood would finally have quality
supermarkets and other retail stores in the Highland Hills area. She stated that this would be a 500,000
square feet development and expressed appreciation to Mr. Michael Mallick, representing the Mallick
Group and Mr. Hap Baggett, representing Synergy Properties Group, for their assistance with the
Renaissance Square Project.
Mayor Moncrief expressed appreciation to Mayor Pro tem Hicks for her leadership on this project and
stated that the City had a responsibility to continue to help build and rebuild its neighborhoods and
streets. He added that he visited the Williamson-Dickie Headquarters, formerly the first brick school
house built in Fort Worth, and that it was exciting to see such a historical site still being used.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23400 be approved with appreciation. The motion
carried unanimously eight (8) ayes to zero (0) nays.
2.M&C C-23401 - Find that the Statements Set Forth in the Recitals of the Tax Abatement
Agreement with TCU Develoment Partners, LLC, are True and Correct; and Authorize the
Citj Manager ter e Tax Ab ate meflLAgreement with TCU Develo ment art err,
LLC, for the Property Located at 3201 South University Drive in the BeLty/Universily
Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone
Tax Ab ate MtgtPolic
X and Basic Incentives.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 13 of 16
(M&C C-23401 Continued)
Council Member Burns stated that there was an error in the contract that listed improvements to be
"continuously used as a retail shopping center and dental office..." and was corrected to read "a mixed
use project with 8,000 square feet of retail space and 49 apartments for student housing."
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23401 be approved as revised. The motion
carried unanimously eight(8) ayes to zero (0) nays.
3.It was the Consensus of the City Council that Mayor and Council Communication No. C-
23402, Adopt a Resolution Authorizing an Interlocal Agreement with the Texas Department of
Transportation to a g Registratio s of Vehicle Owners De i e t i t o ay e t e a ties
Imposed under the Automated Red Light Enforcement Program in the Amount of$5,100.00 and
Adopt Appropriation Or i a ce, b a Continued to the April 7, 2009, Council Meeting.
4.M&C C-23403 - Authorize the City Manager to Execute a Professional Services Agreement in
e A $184, 84.32 with Reed Engineering Grout), Ltd., for Materials Testing for the
Western exit a ar i ara e Located at 1400 Gendy_Street_at_the Will Rogers Memorial
Center.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23403 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
5.M&C C-23404 - Authorize the City Manager to Execute a Community Facilities Agreement
ltCity Participation in the Amount $609,712.36 It h LQ Development, LLC, for t e
Installation an -Site Sa It ry Sewer to Serve ar e ec Addition C to in the
Northwest Part of the City of Fort Worth.
Council Member Burdette stated that this was to facilitate some sewer facilities needed and also an
important step in getting the new hospital constructed in that area.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23404 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 14 of 16
XVL 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 February 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.It was the Consensus of the Council that Zo i c et , Cit y of Fort Worth
Planning & Development, Text Amendment: Urban Forestry; An Ordinance Amending the
Zoning r i a ce of the City of Fort Worth, being Ordina cc No. 13896, as Amended, i ie
Atmendix "A" of the Code of the City of Fort Worth, by Amending; Chanter 2, "Review Bodies"
to e ete Section 2.105 PP Urban restry Boar PP and Add the Duties of the Urban Forestr y
Board to Section 2.102 "Urban Design Commission" and to Add Forestry Extierience to the
a i is ti ns of Members, and; Chapter 6, "Development Sta ar s" to e ete Subsection
Section 6.301 PPLandscatiing" and Re-Letter the Remaining Subsections, to Add a New Section,
Section 6.302 Entitled "Urban Forestry`° to Include and Revise the Contents of Subsection K
Related to Tree Coverage, Preservation, Planting and Maintenance, be Continued Until the May
22 2009, Council Meetipg.
2.It_appeared that the City Council, at its meeting of February 17, 2009, continued the zoning
hearm2 for Zoning Docket No. ZCm08-196A, City of Fort Worth Planning & Development, 2941
and 2945 e i Street, r "F" General ercia "FR" General ercia
Restricted.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Motion: There being no one present desiring to be heard in connection with the zoning hearing,
Council Member Burns made a motion, seconded by Council Member Espino, that the
zoning hearing be closed and Zoning Docket No. ZC-08-196A be approved. The
motion carried unanimously eight(8) ayes to zero (0) nays.
3.Zoning Docket No. ZC-08-197A - Correction: City of Fort Worth Aviation Detiartment, South
of 35th
from PP- PP Streets es es Avenue, r Avenue, a as Angle Avenue;
® a i y to PPA-5PP
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC-08-197A be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 15 of 16
4.It appeare that the a
hearing for Zoning Docket No. ZC-09-001, Texas Health Resources, 6700 block of NW Loop 820;
from "D" Hj e Sl tl a 1 Y t vv °P to Slice Commercial.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Motion: There being no one present desiring to be heard in connection with the zoning hearing,
Council Member Bums made a motion, seconded by Council Member Espino, that the
zoning hearing be closed and Zoning Docket No. ZC-09-001 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays.
There being no one else desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by
Council Member Espino, that the hearing be closed and the following ordinance be adopted:
ORDINANCE NO. 18519-03-2009
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 LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES,
THE HEIGHT, NUMBER OF STORES AND SIZE OF THE BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING
AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING 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.
XVII.CITIZEN PRESENTATIONS
Mr. James Logan, 6600 Sheridan Road, appeared before Council relative to issues with Code
Compliance Officers and removal of personal property from his residence.
Mayor Moncrief requested that Mr. Logan meet with Assistant City Manager Charles Daniels
to resolve the issues.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 24, 2009
PAGE 16 of 16
XIX.ADJOURNMENT
There being no further business, the meeting was adjourned at 11:50 a.m. in memory of Mr. Greg
Cocke, Engineer, Fort Worth Fire Station 23.
These minutes approved by the Fort Worth City Council on the 31 st day of March, 2009.
Attest: Approved:
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Marty&ndrix Mic el J. Mo
City Secretary Mayor