HomeMy WebLinkAbout2009/06/02-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
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
Absent
Council Member Salvador Espino, District 2
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 7:01 p.m. on Tuesday, June 2, 2009, in the City Council Chamber
of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council
Member Espino absent and Mayor Pro tem Hicks temporarily absent.
H.INVOCATION- Pastor Oliver Hill, First Pilgrim Valley Baptist Church
The invocation was provided by Pastor Oliver Hill, First Pilgrim Valley Baptist Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
(Mayor Pro tem Hicks assumed her place at the dais.)
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 26, 2009
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that the
minutes of the regular meeting of May 26, 2009, be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
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V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1.Recognition of Neighborhood Award Winners
Council Member Burns recognized and congratulated the Neighborhoods USA Award recipients. He
stated that the Historic Fairmount Neighborhood Association was a finalist in the Multi-Neighborhood
Partnership category, the Ryan Place Improvement Association placed third and the North Beverly
Hills Neighborhood Association placed first in the Social Revitalization/Neighborliness category. On
behalf of Council Member Espino, he congratulated the North Beverly Hills Neighborhood
Association and read comments from Council Member Espino into the record.
Mayor Moncrief congratulated the award winners and stated that the neighborhoods were a direct
reflection of the fabric of the City and represented the City every day. He expressed appreciation to the
winners for their volunteerism and commitment to the City and their respective neighborhoods.
2.Presentation of Proclamation for Ballet Concerto 40th Anniversary Weekend
Council Member Burns presented a Proclamation to Ms. Margo Dean, Artistic Director, Ballet
Concerto, in celebration of Ballet Concerto's 40th Anniversary.
Ms. Margo Dean expressed appreciation to the Council and community for their continued support of
the program. She stated that 2009 marked the 40th Anniversary of the founding of Ballet Concerto and
the 26th year of the Summer Dance Concert, held at Trinity Park Pavilion, which honored former
company members and choreographers from the past 40 years. She invited everyone to attend the
Concert on June 25-28, 2009, at Trinity Park.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Burdette announced that this afternoon a new piece of public art was installed on
Camp Bowie Boulevard across from Kincaid's Restaurant. He stated that the piece was called the
Earth Fountain and was constructed from red granite and featured a fountain and a park area.
Mayor Pro tem Hicks announced that Commissioner Roy Brooks' mother, Mrs. Maria Norris Brooks,
who was a beloved member of the community and served as the Precinct Chair in District 8 for more
than 40 years, passed away on June 2, 2009. She requested that the Council meeting be adjourned in
her memory.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 3 of 20
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Burns announced that a reception honoring the Neighborhood USA Award recipients
would be held on June 4, 2009, at 6:30 p.m. at the University Christian Church Fellowship Hall,
located at 2720 South University. He added that at 7:00 p.m., Senator Wendy Davis would provide the
keynote speech. He also announced that the ribbon cutting for the International Friendship Garden at
Bluebonnet Circle Park would be held on June 6, 2009, at 10:00 a.m. He also announced that a Public
Information Meeting would be held on June 16, 2009, at 6:30 p.m. at Siempre Familia Iglesia de Cristo
located at 4041 Ryan Avenue. He further stated that the Code Rangers Seminar would be held on June
13, 2009, from 9:00 a.m. to 4:00 p.m. and that the deadline to register was June 8, 2009, and those
interested could contact the District 9 Office at 817-392-8809.
Mayor Moncrief announced that the Crowne Plaza Colonial Golf Tournament was a held in Fort
Worth last weekend and was a great success. He added that the tournament brought nationwide
recognition to the City and stated the outpour of support for Professional Golfer Phil Mickelson's wife
Amy Mickelson and her battle with breast cancer was tremendous. He pointed out that because of the
support for Amy Mickelson, the City was able to obtain the software to illuminate the Avenue of
Lights in pink in honor of a 'Day of Pink".
Council Member Burns recognized Ms. Barbara Tumlin, President, Fort Worth League of
Neighborhoods, who attended the Council meeting. Ms. Tumlin advised of the reception honoring the
Neighborhood USA Award recipients that would be held on June 4, 2009, at 6:30 p.m. at the
University Christian Church Fellowship Hall, located at 2720 South University and invited everyone to
attend.
Mayor Moncrief advised that on June 12, 2009, everyone would be required to convert to digital
television, and that according to the federal government, Fort Worth was among the least prepared for
the conversion. He stated that everyone should act now and spread the word about the upcoming
conversion to digital television. He further stated that information could be obtained on the internet at
www.dtv2009.gov and www.fortworthgov.org or by contacting 1-888-dtv2009. He also invited
residents and guests to the dedication of the Fort Worth Police and Firefighters Memorial on June 5,
2009, at 9:30 a.m. at Trinity Park off of West 7th Street. He stated that more than 800 individuals and
companies had contributed $1.2 million and countless volunteer hours to bring the memorial to
fruition. He further stated that parking was limited and guests should park at Farrington Field by 8:30
a.m. for shuttle service to the event.
2.Recognition of Citizens
There were no citizens recognized at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 4 of 20
VII.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
City Manager Fisseler requested that Mayor and Council Communication Nos. C-23014 and C-23377
be withdrawn from consideration.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membership on Boards and Commissions
There were no changes in membership on Boards and Commissions.
2.Council Proposal No. 279 - Street Name Change for Longleaf Court to Brooklynn Court
Council Member Scarth advised that the proposal was to initiate a street name change from Longleaf
Court to Brooklynn Court to alleviate confusion with other streets in the neighborhood. He further
advised that the neighbors selected the name Brooklynn Court to honor a three year old child,
Brooklynn Grace Milburn, who lived on the street and was tragically killed in an accident in January
2009.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, to suspend
the rules of procedure. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Council Member Espino absent.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that
Council Proposal No. 279 be approved. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Member Espino absent.
Mr. Jamie Baggett, 9005 Crest Ridge Court, appeared before Council in support of the street name
change and expressed appreciation to the Council for approving the street name change.
Ms. Elizabeth Milburn, mother of Brooklynn Grace Milburn, 6608 Longleaf Court, appeared before
Council and expressed appreciation to the Council for approving the street name change. She stated it
would be a wonderful memorial to her daughter.
Mayor Moncrief recognized that Ms. Kristi Boyd, 6605 Longleaf Court and Mr. Robert Weber, 6604
Longleaf Court, appeared in support of the item but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 5 of 20
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XI.CONSENT AGENDA
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the
Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero
(0) nays, with Council Member Espino absent.
A.General - Consent Items
1.M&C G-16581 -Authorizing the City Manager to Initiate Certain Zoning Changes in the East
Berry Street Corridor from Various to "A-5" One-Family, "Rl" Zero Lot Line/Cluster, "C"
Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted, "ER/HC" Neighborhood Commercial Restricted/ Historical and Cultural Overlay,
"E" Neighborhood Commercial, "MU-1" Low Intensity Mixed-Use, "FR" General Commercial
Restricted, "G" Intensive Commercial and "I" Light Industrial, in Accordance with the
Comprehensive Plan.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-10969 - Authorizing a Purchase Agreement for Airport Signs with Airport Lighting
Systems, Inc., for the Aviation Department for an Annual Amount up to $85,710.00.
2.M&C P-10970 - Authorizing a Purchase Agreement for Magazine Subscription Services for
the Library Department with W. T. Cox Subscriptions for an Annual Amount up to $95,000.00.
3.M&C P-10971 - Authorizing the Purchase of Playground Equipment from Total Recreation
Products, Inc., Through a Texas Association of School Boards BuyBoard Contract No. 269-07
for the Parks and Community Services Department for $82,138.43 from Gas Royalty Funds.
4.M&C P-10972 - Authorizing an Increase in Payment for Purchase Agreements with A and B
Lawn and Garden, Classic Turf Equipment and Lelon's Air Cooled Engine Services for Small
Engine Repair Services, Parts and Components for all City Departments for a New Annual
Amount of$106,250.00 Combined.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
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(XI. CONSENT AGENDA Continued)
C.Land - Consent Items
1.M&C L-14783 - Approving the Acquisition of One (1) Right-of-Way Easement from Courtney
and Mary Goff Located at 4164 Keller Hicks Road in North Fort Worth for the Widening of
Keller Hicks Road; Finding that the Price Offered in the Amount of$29,790.00, Plus Estimated
Closing Costs of$4,000.00 is Just Compensation; and Authorizing the Acceptance and Recording
of Appropriate Instruments.
E.Award of Contract- Consent Items
1.M&C C-23561 -Authorizing the City Manager to Execute a Supplemental License Agreement
with Union Pacific Railroad for a One (1) Time Cost of $1,000.00 for Installation of a Sanitary
Sewer Pipeline Crossing Under Union Pacific Railroad Property Near Spur 280 in Downtown
Fort Worth.
2.M&C C-23562 - Authorizing the City Manager to Execute an Improved Ground Lease
Agreement with Mandatory Improvements with the John L. Terry Heritage Foundation for a
Storage Hangar and Corporate Facility at Fort Worth Spinks Airport in the Amount of
$9,888.21 Per Year.
XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1725 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XIIL REPORT OF THE CITY MANAGER
B.General
1.M&C G-16582 -Adopt an Appropriation Ordinance Amending Ordinance Number 18283-09-
2008 Decreasing and Increasing Appropriations in Various Funds, for the Purpose of Improving
the Proiected, Unreserved, Undesignated General Fund Balance; and Adopt an Appropriation
Ordinance Increasing Estimated Receipts and Appropriations in the City Manager's Office
Section of the General Fund in the Amount of$315,735.00 and Decreasing Appropriations by the
Same Amount from the Non-Departmental Section of the General Fund for the Purpose of
Offsetting Overages in the City Manager's Office Section of the General Fund.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
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(G-16582 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-16582 be approved and Appropriation
Ordinance Nos. 18638-06-2009 and 18639-06-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
2.M&C G-16583 -Adopt a Resolution Expressing Official Intent to Reimburse Costs of Phase II
of the Enterprise Resource Planning Proiect (ERP).
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G-16583 be approved and Resolution No.
3743-06-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Espino absent.
3.M&C G-16584 - Consider a Waiver for a High Impact Gas Well Permit Requested by XTO
Energy, Inc., to Allow the Drilling of the Edwards Riverhills 1H, 2H and 3H Gas Wells on Pad-A
of the Edwards Riverhills Lease Located at 4290 Insurance Lane (PUBLIC HEARING).
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.
b.Citizen Presentations
Mr. Bob Manthei, 810 Houston Street, representing XTO Energy, appeared before Council in support
of the item and provided a brief overview of the location of the gas well and the request for a waiver.
Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
c.Council Action
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that the
public hearing be closed and Mayor and Council Communication No. G-16584 be
approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council
Member Espino absent and one (1) abstention by Council Member Scarth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
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4.M&C G-16585 - Hold a Public Hearing Concerning the Designation of Tax Abatement
Reinvestment Zone No. 68, City of Fort Worth, Texas; and Adopt an Ordinance Designating a
Certain Area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty-
Eight, City of Fort Worth, Texas", for Property Located at 13751 Independence Parkway,
Pursuant to, and in Accordance with Chapter 312 of the Texas Tax Code.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. Jay Chapa, Director, Director, Housing and Economic Development Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that the
public hearing be closed and Mayor and Council Communication No. G-16585 be
approved and Ordinance No. 18640-06-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
C.Purchase of Equipment, Materials, and Services
1.M&C P-10973 - Authorize the Purchase of Audio and Video Equipment from Audio Visual
Innovations, Inc., Through General Services Administration Contracts for Equipment
Replacement in the Council Chamber Using Public Education Grant Funds in the Amount of
$538,753.00; and Adopt a Supplemental Appropriation Ordinance Increasing Estimated
Receipts and Appropriations in the Special Trust Fund in the Amount of $538,753.00, from
Available Funds, for the Purpose of Purchasing Audio and Video Equipment for the Cable
Communications Office.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. P-10973 be approved and Supplemental
Appropriation Ordinance No. 18641-06-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 9 of 20
2.M&C P-10974 - Authorize a Purchase Agreement for Pre-Coated Aggregate with TXI
Operations, LP, for the Transportation and Public Works Department for an Annual Amount
up to $187,640.00.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. P-10974 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
3.M&C P-10975 - Authorize a Purchase Agreement for Voice and Data Preventative
Maintenance and Support Services from Affiliated Telephone, Inc., using the State of Texas
Department of Information Resources Contract No. DIR-SDD-289 for an Annual Amount up to
$270,000.00.
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. P-10975 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
4.M&C P-10976 - Authorize a Sole Source Purchase Agreement with Hartwell Environmental
Corporation for Sulfur Dioxide and Chlorine Induction Equipment, Replacement Parts and
Repair Service for the Water Department for an Annual Amount up to $300,000.00.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-10976 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
D.Land
1.M&C L-14776 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas
Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find
that No Feasible or Prudent Alternative Exists to Kingswood Park for the Location of the
Proposed Storm Drain and Sanitary Sewer Improvements; Find that the Proposed
Improvements Include All Reasonable Planning to Minimize Harm to the Parkland and that the
Improvements will be Constructed in Kingswood Park, Located at 7505 Trail Lake Drive, East
of Trail Lake Drive, North of Sycamore School Road, West of Hulen Street and South of Sleepy
Ridge Circle; Close the Public Hearing and Authorize the City Manager to Convert
Approximately 0.130 Acre of Dedicated Parkland for the Installation of the Improvements; and
Authorize the Execution of a License Agreement with the Fort Worth Independent School
District (Continued from May 19, 2009).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 10 of 20
(L-14776 Continued)
a.Report of City Staff
Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Council Member Jordan expressed appreciation to the Parks and Community Services Department and
the Fort Worth Independent School District for working together to overcome the drainage issues. He
added that the dedication ceremony of the school in memory of Ms. Hazel Harvey Peace was a
beautiful ceremony and a well attended event.
Council Member Moss advised that 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. L-14776 be approved with appreciation to
the Parks and Community Services Department and the Fort Worth Independent School
District. The motion carried unanimously six (6) ayes to zero (0) nays, with Council
Member Espino absent and one (1) abstention by Council Member Moss.
F.Award of Contract
1.It was the Consensus of the Council, that Mayor and Council Communication No. C-23014,
Authorize Public Right-of-Way Use Agreement Granting Texas Midstream Gas Services, LLC, a
License to Use Certain Public Right-of-Way for the Purpose of Constructing, Maintaining and
Operating a Natural Gas Pipeline Along the Eastside of Alton Road Crossing Bellaire Drive
South, West Berry Street, Westcliff Road South, Hilltop Drive, West Biddison Street and South
Hills Avenue be Withdrawn from Consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 11 of 20
2.It was the Consensus of the Council that Mayor and Council Communication No. C-23377,
Authorize a Public Right-of-Way Use Agreement Granting Energy Transfer Fuel, L.P., a License
to Use Certain Public Right-of-Way for the Purpose of Operating a Natural Gas Transmission
Pipeline Across the Following Nine Locations: East Seminary Drive, East of Cole Street; Oak
Grove Road, North of Campus Drive; Alta Mesa Boulevard East, West of Oak Grove Road; Joel
East Road, West of Oak Grove Road; Oak Grove Road, North of John Burgess Drive; Oak
Grove Road, North of Enon Avenue; Will Rogers Lane, North of Everman Parkway; Everman
Parkway, West of Rogers Boulevard; Garden Acres Drive, West of Deer Creek Drive, for a One-
Time License Fee of$43,194.00, be Withdrawn from Consideration.
3.M&C C-23558 - Conduct a Public Hearing to Allow Citizen Input and Consideration
Regarding the Proposed Plan for Use of Community Development Block Grant R Funds from
the United States Department of Housing and Urban Development (HUD); Approve a
Substantial Amendment to the City's Consolidated Plan and 2008-2009 Action Plan for Use of
Community Development Block Grant R Funds from HUD; Authorize the City Manager or His
Designee to Execute a Grant Agreement with HUD for the Community Development Block
Grant R Funds, Along with the Execution of Any Associated Certifications and Related
Documents as May be Required by HUD in Order to Receive and Administer the Community
Development Block Grant R Funds; and Adopt an Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Grants Fund in the Amount of $1,769,412.00,
Upon Receipt of the Community Development Block Grant Funds from HUD, for the Purpose of
Funding Public Facilities Sidewalks and ADA Ramp Activities (Continued from May 26, 2009).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Ms. Kate Scott-Ward, Planner, Planning and Development Department, appeared before Council and
provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that the
public hearing be closed and Mayor and Council Communication No. C-23558 be
approved and Appropriation Ordinance No. 18642-06-2009 be adopted. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 12 of 20
4.M&C C-23563 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the Specially Funded Capital Proiects Fund in the Amount of $1,218,512.00,
for the Purpose of Funding the Enterprise Resource Planning, Phase 2 Proiect; and Authorize
the City Manager to Execute the Consulting Agreement for Steps 1 and 2 of Enterprise Resource
Planning, Phase 2 — Financial Management Systems with Salvanio, Teal and Associates
Consulting.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23563 be approved and Appropriation
Ordinance No. 18643-06-2009 be adopted. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
5.M&C C-23564 - Authorize the Transfer of$158,283.00 from the Water and Sewer Operating
Fund to the Water Capital Proiects Fund in the Amount of $104,924.00 and the Sewer Capital
Proiects Fund in the Amount of $53,359.00; Adopt an Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Water Capital Proiects Fund and in the Sewer
Capital Proiects Fund from Available Funds, for the Purpose of Authorizing an Engineering
Agreement with Freese and Nichols, Inc., for Pavement Reconstruction and Water Main
Replacement on Portions of Belzise Terrace, Illinois Avenue, West Leuda Street, May Street,
Marion Avenue, East Mulkey Street, McCurdy Street, Schieffer Avenue and Mecca Street
(Proiect Number 811-01276); and Authorize the City Manager to Execute the Engineering
Agreement in the Amount of$311,710.00.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23564 be approved and Appropriation
Ordinance No. 18644-06-2009 be adopted. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
6.M&C C-23565 - Authorize the City Manager to Negotiate and Execute a Contract with the
Law Firm of Linebarger Goggan Blair and Sampson, LLP, for the Collection of Delinquent Civil
Parking and Criminal Citations; Authorize the Contract to Begin August 1, 2009, and Expire
July 31, 2010, with Two (2) One (1) Year Renewal Options; and Adopt an Ordinance Amending
the Code of the City of Fort Worth by Amending Chapter 10, "Courts," by Adding a New
Section, Section 10-9.1, "Collection Contracts" to Authorize the Addition of Collection Fees in
the Amount of Thirty (30) Percent on Debts and Accounts Receivable Ordered Paid by
Municipal Court or by a Hearing Officer Appointed Under Chapter 682 of the Texas
Transportation Code.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23565 be approved and Ordinance No.
18645-06-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 13 of 20
7.M&C C-23566 - Authorize the City Manager to Accept a Grant from the United States
Environmental Protection Agency in the Amount of $400,000.00 for Hazardous Substance and
Petroleum Assessment Funds for the Brownfield's Economic Redevelopment Program; and
Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the
Grants Fund in the Amount of$400,000.00, Upon Receipt of a Grant.
Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C-23566 be approved and Appropriation
Ordinance No. 18646-06-2009 be adopted. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
8.M&C C-23567 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the Lake Worth Trust Fund in the Amount of $374,732.00, from Gas Well
Revenues, for the Purpose of Transferring $300,000.00 to the Water Capital Proiects Fund and
the Remaining $74,732.00 to be Used for Maintenance at Lake Worth; Authorize the Transfer of
$300,000.00 from the Lake Worth Trust Fund to the Water Capital Proiects Fund; Adopt an
Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Water
Capital Proiects Fund in the Amount of $300,000.00, from Available Funds, for the Purpose of
Executing a Contract with Lehne Construction, Inc., for the Lake Worth Restoration and
Maintenance Proiect; and Authorize the City Manager to Execute the Contract for Certain Boat
Ramp and Dam Improvements in the Amount of$359,732.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23567 be approved and Appropriation
Ordinance Nos. 18647-06-2009 and 18648-06-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
9.M&C C-23568 - Authorize the Transfer of$151,350.00 from the Water and Sewer Operating
Fund to the Sewer Capital Proiects Fund; Adopt an Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Sewer Capital Proiects Fund from Available
Funds, for the Purpose of Authorizing a Contract with AUI Contractors, Inc., for Sanitary
Sewer Rehabilitation Contract LXV (65), Part 2 (Proiect 00730); and Authorize the City
Manager to Execute the Engineering Agreement in the Amount of$127,000.00.
City Manager Fisseler clarified that M&C C-23568 would be corrected and the word engineering
would be deleted from the subject, recommendation and discussion of the M&C. He added that the
agreement was for construction.
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. C-23568 be approved as corrected and
Appropriation Ordinance No. 18649-06-2009 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 14 of 20
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 May 18, 2009. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
1.Zoning Docket No. ZC-09-018 - Richard Skipper, 2900, 2904, 2908, 2912 & 2916 Stuart Drive;
from "E" Neighborhood Commercial & "PD-715" Planned Development for Off Street Parking
to "PD/E" Planned Development for "E" Neighborhood Commercial Uses Plus Off Street
Parking and Outside Storage; Site Plan Included (Recommended for Denial Without Preiudice).
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Docket No. ZC-09-018 be denied without prejudice. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Member Espino absent.
2.Zoning Docket No. ZC-09-021 - Basswood Development LTD, 7301 North Freeway (I-35W);
from "I" Light Industrial to "C" Medium Density Multi-Family (Continued from May 5, 2009)
(Recommended for Denial).
Motion: On behalf of Council Member Espino, Council Member Scarth made a motion,
seconded by Council Member Burdette, that Zoning Docket No. ZC-09-021 be
continued until the July 14, 2009, Council meeting. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Member Espino absent.
3.Zoning Docket No. ZC-09-032 - Ramon Chavez, 3509 Decatur Avenue; from "E"
Neighborhood Commercial to "FR" General Commercial Restricted (Continued from May 5,
2009) (Recommended for Denial).
Motion: On behalf of Council Member Espino, Council Member Scarth made a motion,
seconded by Council Member Burns, that Zoning Docket No. ZC-09-032 be continued
until the June 9, 2009, Council meeting. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
4.Zoning Docket No. ZC-09-036 - Waterview Estates North, L. P.; 4700 Through 5200 Blocks of
E. Loop 820 S.; from "A-5" One-Family to "CR" Low Density Multi-Family (Recommended for
Approval).
Mr. Ross B. Calhoun, 1221 North I35 E., Carrollton, 75006, appeared before Council in support of
Zoning Docket No. ZC-09-036 and provided an overview of the zoning request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 15 of 20
(ZC-09-036 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-09-036 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
5.Zoning Docket No. ZC-09-046 - Texas Catholic Community Credit Union, 4312 Town Center
Drive; from "K" Heavy Industrial to "E" Neighborhood Commercial (Recommended for
Approval).
Mayor Moncrief advised that Mr. Jerry Stewart, 9812 Maryville Lane, was present and was in support
of Zoning Docket No. ZC-09-046, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Docket No. ZC-09-046 be approved. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Council Member Espino absent.
6.Zoning Docket No. ZC-09-047 - Jose Carlos Garcia, 2500 Block of Mansfield Highway; from
"E" Neighborhood Commercial to "I" Light Industrial (Recommended for Denial).
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Zoning
Docket No. ZC-09-047 be denied with prejudice. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Member Espino absent.
7.Zoning Docket No. ZC-09-049 - Patti Leggett, 2725 and 2729 W. 5th Street; from "MU-2"
High Intensity Mixed Use to "FR" General Commercial Restricted (Recommended for Denial).
Mr. Louis Zapata, 2007 North Houston Street, appeared before Council in support of Zoning Docket
No. ZC-09-049. He advised of the City Zoning Commission's recommendation of denial and stated
that the business located at the site would not be utilized as a used car lot but as a pick up location for
internet auto sales. He requested the Council approve the zoning request.
Ms. Susan D. Hewitt, 601 Foch Street, appeared before Council in opposition of Zoning Docket No.
ZC-09-049 and requested Council deny the zoning request.
Mr. Larry O'Neal, 2713 West 5th Street, appeared before Council in opposition of Zoning Docket No.
ZC-09-049 and advised of the criminal activity associated with vehicles being stored on the property.
He stated he was against the storage of vehicles on the property and stated he provided a petition
against the zoning request to the City. He further requested that the Council deny the zoning request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 16 of 20
(ZC-09-049 Continued)
Mr. Steve Metcalf, 2720 West 6th Street, appeared before Council in opposition of Zoning Docket No.
ZC-09-049. He expressed concern relative to the appearance of the proposed temporary building that
would be located on the property and about the vandalism and crime associated with the storage of
vehicles on the property.
Council Member Burns stated that he had received numerous phone calls from citizens and business
owners in opposition to Zoning Docket No. ZC-09-049. He further stated that he was concerned about
the future development of the area once the economy had recovered and did not want to change the
zoning on one small parcel in the area.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning
Docket No. ZC-09-049 be denied. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Council Member Espino absent.
8.Zoning Docket No. ZC-09-050 - Charles T. Beavers, 2603 and 2605 Hale Avenue; from "A-5"
One-Family to "PD/SU" Planned Development/Specific Use for Five (5) Residential Units; Site
Plan Included (Recommended for Denial).
Motion: On behalf of Council Member Espino, Council Member Scarth made a motion,
seconded by Council Member Burns, that Zoning Docket No. ZC-09-050 be denied.
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member
Espino absent.
9.Zoning Docket No. ZC-09-051 - Rankin Family LP, 7800 South Freeway (I-35W); from "E"
Neighborhood Commercial to "FR" General Commercial Restricted (Recommended for Denial).
Mr. Minor Donaldson, 8029 Ash Ridge Road, appeared in opposition of Zoning Docket No. ZC-09-
051. He stated that a pawn shop located next to the school and church would change the vitality and
philosophy of the neighborhood and requested that the Council deny the zoning request.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that
Zoning Docket No. ZC-09-051 be denied with prejudice. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
10.Zoning Docket No. ZC-09-052 - Thomas B. Blanton & Keystone Equity Partners, LLC, 3600
Through 4100 Blocks of Angle Avenue; from "A-5" One-Family, "C" Medium Density Multi-
Family and "CF" Community Facilities to "I" Light Industrial and "J" Medium Industrial
(Recommended for Approval).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 17 of 20
(ZC-09-052 Continued)
Motion: On behalf of Council Member Espino, Council Member Scarth made a motion,
seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-052 be continued
until the June 9, 2009 Council meeting. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Member Espino absent.
Mayor Moncrief advised that Zoning Docket Nos. ZC-09-053, ZC-09-054, ZC-09-055, and ZC-09-
056 were City-initiated zoning cases for surplus properties and that they could be considered by one
motion.
11.Zoning Docket No. ZC-09-053 - City of Fort Worth Planning and Development, 3304 NW
23rd Street; from "B" Two-Family to "A-5" One-Family (Recommended for Approval).
12.Zoning Docket No. ZC-09-054 - City of Fort Worth Planning and Development, 2305
Prospect Avenue; from "B" Two-Family to "A-5" One-Family (Recommended for Approval).
13.Zoning Docket No. ZC-09-055 - City of Fort Worth Planning and Development, 3005 Lee
Avenue; from "B" Two-Family to "A-5" One-Family (Recommended for Approval).
14.Zoning Docket No. ZC-09-056 - City of Fort Worth Planning and Development, 2303 & 2305
NW 20th Street; from "B" Two-Family to "A-5" One-Family (Recommended for Approval).
Motion: On behalf of Council Member Espino, Council Member Jordan made a motion,
seconded by Council Member Scarth, that Zoning Docket Nos. ZC-09-053, ZC-09-054,
ZC-09-055 and ZC-09-056 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
15.Zoning Docket No. ZC-09-057 - City of Fort Worth Planning and Development; Hemphill
Corridor Phase 3, Generally Bounded by Bewick Street, May Street, Seminary Drive and
Hemphill Street; from "E" Neighborhood Commercial, "F" General Commercial, "J" Medium
Industrial and "K" Heavy Industrial to "B" Two-Family, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "I" Light
Industrial and "PD/I" for "I" Light Industrial Uses Plus Outdoor Storage, Manufacture of Steel
Tanks and Sheet Metal Shop Using 16-2au2e or Thicker; Site Plan Waiver Recommended
(Recommended for Approval; 4221 S. Hemphill Recommended for Denial Without Preiudice),
Mr. Daniel Hernandez, 800 West Weatherford Street, appeared before Council in support of Zoning
Docket No. ZC-09-057 and requested the Council approve the zoning request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 18 of 20
(ZC-09-057 Continued)
Mayor Moncrief advised that Sister Mary Fullbright, 6632 Normandy, completed a speaker card in
support of Zoning Docket No. ZC-09-057, but she was not present in the Council Chamber.
Council Member Burns expressed appreciation to the Planning and Development Department and the
neighbors for their support in the redevelopment of South Hemphill Street.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC-09-057 be approved and that the portion of the request related to
4221 South Hemphill Street be continued until the July 14, 2009, Council meeting. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member
Espino absent.
16.Zoning Docket No. ZC-09-058 - City of Fort Worth Planning and Development; Eastland
Area Neighborhood; Generally Bounded by Berry Street, Griggs Avenue, Hardeman Street,
Burke Road, Wilbarger and US Highway 287; from "B" Two-Family, "D" High Density Multi-
Family, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General
Commercial, "I" Light Industrial, "PD-143", "PD-151" and "PD-752" to "A-5" One-Family,
"CF" Community Facilities, "E" Neighborhood Commercial and "MU-1" Low Intensity Mixed
Use (Recommended for Approval).
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Zoning Docket No. ZC-09-058 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Espino absent.
17.Zoning Docket No. ZC-09-059 - City of Fort Worth Planning and Development; Marine Park
Neighborhood, Generally Bounded by NE 14th Street, N. Grove Street, Northside Drive, and N.
Main Street; from "A-5" One-Family, "J" Medium Industrial, and "J/DD" Medium Industrial
/Demolition Delay to "B" Two-Family, "B/DD" Two-Family/Demolition Delay, "E"
Neighborhood Commercial, and "PD 130" Planned Development for Meeting/Reception Hall for
Social Functions; Site Plan Waiver Recommended (Recommended for Approval; 1301 and 1309
N. Commerce Recommended for Denial Without Preiudice).
Mr. Albert Perez, 1408 North Commerce Street, appeared in support of Zoning Docket No. ZC-09-059
and requested the Council approve the zoning request.
Mr. Daniel Keating, 4011 Shore Front Drive, appeared in support of Zoning Docket No. ZC-09-059
and provided photographs depicting the neighborhood's vision for redevelopment of the area. He
requested the Council approve the zoning request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 2, 2009
PAGE 19 of 20
(ZC-09-059 Continued)
Mr. Robert Tellez, 1319 North Calhoun Street, appeared in support of Zoning Docket No. ZC-09-059
and requested the Council approve the zoning request.
Mr. Ambasajer Asfara, 311 East Worth Side Drive, appeared in opposition to Zoning Docket No. ZC-
09-059, and spoke relative to legal issues related to the name of his gas station, Quick Trip.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that Mr.
Asfara did not speak in opposition to Zoning Docket No. ZC-09-059. She stated that he spoke on an
issue related to the Qwik Trip Company expressing concern over the use of the same name for his
existing business.
Mayor Moncrief stated that the City Council could not assist Mr. Asfara with his issue and asked that
staff advise him of the proper agency to address his concern.
Motion: On behalf of Council Member Espino, Council Member Scarth made a motion,
seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-059 be approved
and that 1301 and 1309 North Commerce be denied without prejudice. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino
absent.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Scarth made a motion, seconded by
Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18650-06-2009
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 STORIES AND SIZE OF THE BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING
AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
JUNE 29 2009
PAGE 20 of 20
XV.CITIZEN PRESENTATIONS
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that Cook Children's
Hospital and John Peter Smith (JPS) Hospital provided excellent medical care to his family and
the citizens of Fort Worth. He also stated that the pipeline company associated with Chesapeake
Energy was not cooperative and would not handle the situation related to his accident that had taken
place as a result of the wires that were down on Henderson Street. He requested that the City follow up
with Mr. Kevin Strawser, Chesapeake Energy, regarding those wires. He also advised that he had
observed a City employee posting or displaying negative signage about homeless people who utilize
the lavatories at the libraries and provided copies of the handwritten signs to the Council.
Mayor Moncrief referred to Mr. Brandon to Mr. Charles Daniels, Assistant City Manager, for
resolution of the issue related to the library.
XVII.ADJOURNMENT
There being no further business, the meeting was adjourned at 8:31 p.m. in memory of Mrs. Maria
Norris Brooks, who was a beloved member of the community and served as the Precinct Chair in
District 8 for more than 40 years, who passed away on June 2, 2009.
These minutes approved by the Fort Worth City Council on the 9th day of June, 2009.
Attest: Approved:
Marty H drix Micha J. crief
City Secretary Mayor